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Roofing company faces $113,000 fine after repeated ‘willful’ worker safety violation

Panama City Framing is looking at its third OSHA fine in just over three years for not providing fall protection for its roof workers.
Panama City Framing is looking at its third OSHA fine in just over three years for not providing fall protection for its roof workers. Miami Herald File

A federal inspection of a Panama City Framing work site has resulted in a third citation in three years for not protecting workers on a roof from falling, and failing to do so willingly.

Panama City Framing faces a fine of $113,816 for having workers doing residential construction over six feet off the ground without any personal or standing fall protection system such as a guardrail or safety net.

In this case, Panama City Framing’s workers were on the roof of a one-story home during a June 28 inspection that was part of OSHA’s Regional Emphasis Program for Falls in Construction.

The employer routinely fails to assure against falls as required by the standard,” the Citation and Notification of Penalty states.

Occupational Safety and Health Administration violations fall under four classifications: Other-Than-Serious, Serious, Repeated and Willful. Willful is “defined 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.”

This was judged a Willful violation, as was one of Panama City Framing’s violations in 2015 and one in 2016.

In 2015, the workers were on what photos on realtor.com and movoto.com show to be a two-story house when an OSHA inspection found the same violation. That accounted for $53,900 of a $71,610 total fine. According to the OSHA.gov website, that fine has been referred to debt collection.

Almost a year later, at another residential job, the company founded in 2012 by current manager Hector Martinez was fined $359,878 for the above Willful violation and a Willful violation in not providing a stairway or ladder where necessary. Panama City Framing settled the fine at $10,000 and paid it.

Said Jacksonville Area Office Director Michelle Gonzalez in a statement: “Employers who fail to provide required fall protection equipment are unnecessarily putting workers at risk of serious or fatal injuries.

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