Beaverton contractor fined $317,587 for repeated job safety violations

The Oregon Occupational Safety and Health Division (Oregon OSHA) has fined a Beaverton construction company $317,587 for repeatedly violating job safety requirements, including failing to protect workers from fall hazards that could seriously injure or kill them.

The division cited Luka’s General Construction LLC after an inspection of a jobsite in Molalla where work was being done on the roof of a two-story house.

The company did not implement any fall protection system to protect employees from a potential fall hazard of as much as 19 feet, according to Oregon OSHA’s findings. The employees were working with their full-body fall protection harnesses on, but they had not connected them to any fall protection anchor. Luka’s General Construction violated an Oregon OSHA rule requiring employers to provide, install, and implement fall protection systems where employees are exposed to a hazard of falling 6 feet or more to a lower level.

In another violation, the company was cited for failing to ensure a ladder extended at least 3 feet above the roof level surface to allow workers to safely mount and dismount the ladder at the top. In yet another violation, the company did not have certification records verifying employees were trained in how to recognize fall hazards and the procedures to be followed to minimize those fall hazards.

The failure to implement any fall protection system and ladder violations were both fifth-repeat violations committed by the company. In this instance, the fifth-repeat violations mean the company was caught violating these safety requirements for the sixth time in less than two years. The violations carry penalties of $167,294 and $138,146, respectively. The certification violation was a first-repeat violation, carrying a penalty of $12,147.

Under Oregon OSHA’s rules, penalties multiply when employers commit repeat offenses.

Under the Oregon Safe Employment Act, workers have a right to safe and healthy working conditions, and to raise concerns free of retaliation. The law requires employers to create and maintain safe and healthy workplaces.

In the construction industry, falls are one of the leading causes of death.

“Any employer who directs employees to work at heights must address potential fall hazards, with an emphasis on prevention,” said Renée Stapleton, administrator for Oregon OSHA. “To repeatedly fail to do so only increases the risk that a worker will be seriously injured or killed.”

Oregon OSHA’s enforcement program is rooted in prevention. The division requires employers to correct violations. Luka’s General Construction corrected the fall protection and ladder violations. It is under an order to correct the certification violation.

Employers have 30 calendar days after receiving a citation to file an appeal. Luka’s General Construction filed an appeal.

Employers are encouraged to use free resources – available now from Oregon OSHA and involving no fault, no citations, and no penalties – for help protecting their employees:

Consultation services – Provides free help with safety and health programs, including how to control and eliminate hazards, and hands-on training.

• Phone (toll-free in Oregon): 800-922-2689
• Field offices
• Online
• Email: consult.web@dcbs.oregon.gov

Technical staff – Helps employers understand requirements and how to apply them to their worksites.

• Phone (toll-free in Oregon): 800-922-2689
• Online
• Email: tech.web@dcbs.oregon.gov

Oregon OSHA also offers free fall protection video training in English and Spanish, and key information for employers and workers.

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About Oregon OSHA: Oregon OSHA enforces the state’s workplace safety and health rules and works to improve workplace safety and health for all Oregon workers. The division is part of the Department of Consumer and Business Services, Oregon’s largest consumer protection and business regulatory agency. Visit osha.oregon.gov and dcbs.oregon.gov.