Mac Construction

Plain-English summary

Mac Construction performed construction work in Wisconsin. OSHA cited the company for inadequate jobsite inspections, insufficient safety training, employees working more than 25 feet above a lower surface without fall protection, and employees using aerial lifts without personal fall-arrest systems. The parties settled before the scheduled E-Z Trial hearing. The inspection-program and training items were reclassified from serious to other-than-serious, while the two fall-protection items remained serious. Mac agreed to pay $1,100 in two installments and provide OSHA with a written safety plan that specifically addressed fall protection.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.20(b)(2); 29 C.F.R. § 1926.21(b)(2); 29 C.F.R. § 1926.105(a); 29 C.F.R. § 1926.453(b)(2)(v)
• Outcome: Settled. Two items were reclassified as other-than-serious, two remained serious, and a total penalty of $1,100 was assessed.
• Key point: The settlement required both a reduced penalty and a written safety plan covering the company's work and fall-protection practices.

Full text (OSHRC public release)

                               United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
                        1244 North Speer Boulevard, Room 250
                             Denver, Colorado 80204-3582



Phone: (303) 844-3409                                                                                     Fax: (303) 844-3759


 SECRETARY OF LABOR,


                          Complainant,


                                v.                             OSHRC DOCKET NO. 99-1887


 MAC CONSTRUCTION,


                           Respondent.




APPEARANCES:

         For the Complainant:
                  Helen J. Schuitmaker, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, Illinois

         For the Respondent:

                   Pat McDonald, Mac Construction, Franksville, Wisconsin

Before:
Administrative Law Judge: Stanley M. Schwartz

                                               DECISION AND ORDER

         This proceeding arises under the Occupational Safety and Health Act of 1970 (29 U.S.C.
Section 651 et seq.; hereafter called the $Act#).
         Respondent, Mac Construction (Mac), at all times relevant to this action maintained a place of
business at 18501 2 Mile Road, Franksville, Wisconsin, where it operated a construction business.
Respondent admits it is an employer engaged in a business affecting commerce and is subject to the
requirements of the Act.
         On August 18, 1999 the Occupational Safety and Health Administration (OSHA) conducted an
inspection of Mac s worksite at Madison, Wisconsin. As a result of that inspection, on August 31,
1999, Mac was issued citations alleging violations of the Act together with proposed penalties. By
filing a timely notice of contest, Mac brought this proceeding before the Occupational Safety and
Health Review Commission (Commission).


       On January 19, 2000, an E-Z trial hearing was to be held in Milwaukee, Wisconsin. Prior to
the start of the hearing, however, a pre-trial conference was held, during which the merits of the
Secretary s case was discussed. Mac Construction’s owner, Pat McDonald, also provided information
about the merits of the case and his company’s operations.. Following that conference, the parties
reached a settlement on the citation and proposed penalties. That agreement was entered into the
record, as set forth below.


       Citation 1, item 1(a) alleges:        SERIOUS

29 CFR 1926.20(b)(2): Accident prevention programs did not provide for frequent and regular
inspections of job sites, materials and equipment to be made by competent persons:

       a) No accident prevention program was in place to inspect the job site and correct problems
       that expose employees to hazards.

       Proposed Penalty:
$450.00

     Citation 1, item 1(b) alleges:
SERIOUS

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance
of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate
any hazard(s) or other exposure to illness or injury:


        a) Employees performing steel erection activities were not trained on the basic requirements
of safety including fall protection.

     Citation 1, item 2 alleges:
SERIOUS

29 CFR 1926.105(a): Safety nets were not provided when workplaces were more than 25 feet above the
ground or water surface, or other surface(s) where the use of ladders, scaffolds, catch platforms,
temporary floors, safety lines, or safety belts was impractical:

       a) Employees were walking the steel framework of the building at heights over 25 feet
without the use of any fall protection.

       Proposed Penalty:
       $1,500.00

       Citation 1, item 3 alleges:
SERIOUS

29 CFR 1926.453(b)(2)(v): A body harness was not worn and a lanyard attached to the boom or basket
when working from an aerial lift:

         a) Four employees working in three aerial lifts at elevated positions were not wearing personal
fall arrest systems.

       Proposed Penalty:
       $750.00




       The Secretary agreed to amend citation 1, items 1(a) and 1(b) from a serious citation to an other
than serious. Items 2 and 3 remained as serious citations. The total penalty agreed to was $1,100.00
payable in two equal payments of $550.00. The first payment is due after this Order becomes final
(approximately 30 days) and the second payment is due six months thereafter. Respondent agreed to
provide OSHA with a copy of a written safety plan that encompasses all aspects of its work. This plan
would be done in conjunction with Respondent’s insurance carrier and it would specifically provide for
Respondent’s plan for fall protection. The plan shall be provided to OSHA within sixty days after this
matter becomes a final order of the Commission (Tr. 18-19).


                                                ORDER
1.
Citation 1, items 1(a) and 1(b) is AFFIRMED as an other-than-serious citation.
2.
Items 2 and 3 are AFFIRMED. A total penalty of $1,100.00 is ASSESSED payable in two
equal installments.




                                                     Stanley M. Schwartz
                                                     Judge, OSHRC

Dated: March 9, 2000