OSHA has cited Orlando-area Kasper Roofing & Construction for a “willful” workplace safety violation in the April 12 fatal fall of an employee working on the roof of a Maitland house and has proposed $134,510 in fines.
A willful violation is defined by the Occupational Safety and Health Administration as “a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.”
“Workers can be protected from falls by the use of harnesses and other fall protection devices,” OSHA Tampa Area Office Director Les Grove said in a statement. “This tragedy could have been prevented if the employer had complied with OSHA’s fall protection standards.”
The Citation and Notification of Penalty describes the violation as employees “exposed to an approximately 10 feet, 3-inch fall hazard, in that, fall protection was not used while installing roofing tiles on a 7:12 pitch roof.”
Labor law states that workers doing construction over six feet must be protected by a guardrail system, safety net or personal fall arrest system or an alternative fall protection measure. They were working on a one-floor, 3,074-square foot house in the 1900 block of Benhurst Place.
Kasper was also cited for one serious violation, not proving fall protection training to workers that would help them recognize a fall hazard.
The roofing company, incorporated by Daniel Kasper in 2009, paid a $1,440 fine in 2014 for a serious violation under “duty to have fall protection.”