Holding Violators Accountable

US Department of Labor sues Waukegan contractor who refuses to pay more than $360K in penalties for repeatedly endangering roofing employees

Contractor operating as ECS Roofing Professionals cited 9 times since 2014

Photo: OSHA

CHICAGO – The U.S. Department of Labor has filed suit in federal court to force a Waukegan roofing contractor to pay $360,531 in penalties for repeatedly exposing employees to falls from elevations, the leading cause of fatal injuries in the construction industry.

Filed in the U.S. District Court for the Northern District of Illinois in Chicago, the action follows an Occupational Safety and Health Review Commission decision on March 6, 2023, that affirmed the citations issued by the department’s Occupational Safety and Health Administration after its investigation found that Joshua Herion — operator of ECS Roofing Professionals Inc. — exposed employees to deadly fall hazards at two separate job sites in Illinois and Wisconsin in October 2022.

Specifically, OSHA determined the contractor did not provide employees required fall arrest systems, a safety net or guardrails as they installed siding and roofing materials atop roofs in Hoffman Estates, Illinois, and at a job site in Waukesha, Wisconsin.

After OSHA issued citations and fined ECS Roofing $226,530 for the Illinois violations and $134,001 for violations in Wisconsin, the company contested the citations and penalties with the commission. Despite the commission’s decision affirming the penalties in full, Herion has failed to pay the penalties which led the department’s Office of the Solicitor in Chicago to file suit to recover the penalties.

Continue reading “Holding Violators Accountable”

Fatal Safety Failure

Federal inspectors find Missouri roofing contractor allowed employees to work without fall protection, leading to young worker’s fatal injuries

Troyer Roofing & Coatings continues to defy safety standards

TRENTON, MO – On March 27, 2023, an 18-year-old employee of a Missouri contractor was applying sealant to a commercial building’s roof when he fell more than 22 feet and suffered serious injuries that left him in a coma for five days before dying.

After the tragic fall, the employer — Troyer Constructors LLP, operating as Troyer Roofing & Coatings — allowed a foreman and another worker to continue working without fall protection until they finished their shift. In addition, inspectors with the U.S. Department of Labor’s Occupational Safety and Health Administration learned the Jamesport employer had fall protection available but allowed employees to decide if they wanted to use it.

“Troyer Roofing & Coatings could have prevented this young worker’s death by requiring their employees to use fall protection equipment. Disturbingly, the employer allowed other workers to go back to work on the same roof without fall protection,” said OSHA Area Director Karena Lorek in Kansas City, Missouri. “Employers have an obligation to comply with requirements that are designed to prevent tragedies such as this from occurring.”

OSHA investigators determined that, in addition to not ensuring that employees used fall protection, the contractor failed to train them on how to use it. Investigators also found Troyer Roofing did not train employees on proper forklift operations, failed to provide workers with face and eye protection, and did not have a written hazard communication program for sealants and other chemicals the employer used.

OSHA cited Troyer Roofing & Coatings for one willful violation, three serious violations and one other-than serious violation and proposed penalties of $205,369. The agency cited the company for similar fall protection violations in 2015.

Based in Jamesport, Troyer Constructors LLP is a third-generation, family owned and operated business with more than 20 years of roofing industry expertise. Troyer Roofing & Coatings provides commercial roofing restorations and repairs to customers in north and central Missouri.

OSHA’s stop falls website offers safety information and video presentations in English and Spanish to teach workers about fall hazards and proper safety procedures.

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Learn more about OSHA. For small employers, OSHA’s On-Site Consultation Program offers no-cost and confidential occupational safety and health services, with priority given to high-hazard worksites, like construction. Companies interested in the program should contact their local OSHA On-Site Consultation program to discuss details and schedule an on-site safety and health evaluation. Find the On-Site Consultation program nearest you by calling 1-800-321-OSHA (6742) or visiting OSHA’s program website.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Original article published by OSHA

Check self-retracting lifelines in cold or wet conditions

Designed for working at height, self-retracting lifelines “extend and retract automatically, which keeps the lifeline in consistent tension while allowing the wearer to move around within a work area,” says the Ontario Ministry of Labour, Immigration, Training and Skills Development.

self-retracting lifelines

“If functioning properly, when the SRL detects a sudden increase in speed (such as from a fall), a locking mechanism in the housing immediately activates and stops the fall.”

However, cold and wet environmental conditions may cause the locking mechanism to seize, resulting in the cable continuing to spool out. If this happens, the fall won’t be arrested. To prevent this, do the following:

  • Ensure the locking mechanism hasn’t seized by rapidly pulling the cable to verify the components of the locking mechanism are functioning properly. Perform this action before the SRL is used for any task and then throughout the day.
  • Briskly pull out the cable to make sure the locking mechanism inside the housing responds to a sudden jerk on the cable. It should lock up similarly to how a seat belt does when a car comes to a sudden halt.
  • If the SRL gets wet, store it vertically to dry.

If the locking mechanism isn’t working, don’t use the SRL! Tell a supervisor immediately.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Original article published by Safety+Health

New video spotlights harness inspection safety

Original article published by Safety+Health
harness
Photo: Infrastructure Health and Safety Association

Toronto — A damaged harness can be the difference between a near-miss incident and a catastrophic fall when working at height, the Infrastructure Health and Safety Association says.

The association has published a video tutorial to help guide workers through properly inspecting their fall protection harness. It walks viewers through the inspection process, from reviewing the manufacturer’s instructions to inspecting the straps and stitching, checking the deployment indicators, and examining buckles and grommets.

“With the number of incidents occurring on jobsites that require working at height, it’s crucial for every worker to have a thorough understanding of how to inspect their safety harnesses,” IHSA says. “Follow these steps every time you don a harness to improve your ability to work safe for life.”

IHSA is one of four sector-focused safe workplace associations designated under Ontario’s Occupational Health and Safety Act. The video is the latest in its “Safety Talks” series.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Refusing to Protect Workers

Original article published by OSHA

Federal safety inspectors find Illinois contractor with long history of violations again exposing employees to dangerous workplace hazards

For 7th time since 2015, OSHA cites United Custom Homes for defying safety standards

Illinois silhouette: Exposing Workers to ViolenceORLAND PARK, IL – For the seventh time since 2015, federal workplace safety inspectors have cited an Oswego contractor who refuses to protect carpenters working at elevations, as required by federal law.

Inspectors with the U.S. Department of Labor Occupational Safety and Health Administration observed six carpenters employed by United Custom Homes LLC framing new townhomes in Orland Park on April 12, 2023, at heights up to 21 feet without fall protection, and opened an investigation.

OSHA learned that, in addition to not providing fall protection equipment, the contractor failed to train workers on the use of fall protection and forklift operations and did not provide workers with eye protection.

After the Orland Park inspection, the company received OSHA citations for one willful violation, one repeat violation and two serious violations with proposed penalties of $151,260. The findings in this inspection are similar to fall protection violations OSHA identified at six other United Custom Homes’ worksites in the Chicago area since 2015. Currently, the company owes more than $81,000 in unpaid OSHA penalties.

“United Custom Homes’ continued defiance toward federal safety regulations is putting their employees at risk of serious and sometimes fatal fall injuries,” said OSHA Chicago South Area Director James Martineck in Tinley Park, Illinois. “Falls are a leading cause of death in the construction industry. By failing to comply with the law yet again, United Custom Homes’ employees face real dangers that federal safety standards can prevent.”

United Custom Homes LLC provides residential and commercial carpentry, remodeling and general contractor services. The Oswego company is owned by Juan Guerrero.

OSHA’s stop falls website offers safety information and video presentations in English and Spanish to teach workers about fall hazards and proper safety procedures.

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Four A’s of fall prevention

Original article published by Safety+Health

Falls to a lower level are the second leading cause of workplace fatalities. Help prevent them by following the four A’s of fall prevention:
Ask yourself before starting work: Is a fall prevention plan in place? Are you trained in and using proper fall protection equipment? Are fall prevention systems such as guardrails in place?
Be Aware: Keep an eye out for possible hazards, including torn carpeting, spills on the floor, obstacles blocking a walkway, clutter on the stairs or cords on the floor.
Address the hazards: Don’t assume someone else will do it. Safety is everyone’s responsibility. If you see a hazard, report it.
Always keep safety top of mind. Follow safe practices, including walking slowly, watching where you’re going, wearing proper footwear and more.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

US Department of Labor announces national emphasis program to reduce, prevent workplace falls, a leading cause of workplace fatalities

Original article published by OSHA

OSHA initiative aligns enforcement, outreach efforts to protect workers

WASHINGTON – The U.S. Department of Labor today announced that its Occupational Safety and Health Administration has begun a National Emphasis Program to prevent falls, the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction industry inspections.

The emphasis program will focus on reducing fall-related injuries and fatalities for people working at heights in all industries. The targeted enforcement program is based on historical Bureau of Labor Statistics data and OSHA enforcement history. BLS data shows that of the 5,190 fatal workplace injuries in 2021, 680 were associated with falls from elevations, about 13 percent of all deaths.

“This national emphasis program aligns all of OSHA’s fall protection resources to combat one of the most preventable and significant causes of workplace fatalities,” said Assistant Secretary for Occupational Safety and Health Doug Parker. “We’re launching this program in concert with the 10th annual National Safety Stand-Down to Prevent Falls in Construction and the industry’s Safety Week. Working together, OSHA and employers in all industries can make lasting changes to improve worker safety and save lives.”

The program establishes guidance for locating and inspecting fall hazards and allows OSHA compliance safety and health officers to open inspections whenever they observe someone working at heights. An outreach component of the program will focus on educating employers about effective ways to keep their workers safe. If a compliance officer determines an inspection is not necessary after entering a worksite and observing work activities, they will provide outreach on fall protection and leave the site.

Learn more about federally required fall protection.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Construction Safety

Original article published by Safety+Health

Prevent falls through skylights and other openings

In 2021, 62 U.S. construction workers died after falling through a surface or an existing opening such as a skylight, according to data from the Census of Fatal Occupational Injuries.

“Holes and openings are made in roofs and floors of buildings, both when they are built and when they are torn down,” CPWR – The Center for Construction Research and Training says.

Prevent injuries on your jobsite. Tips from CPWR:

  • Guard or cover all holes before you leave a work area. Your co-workers may not see an uncovered hole, which means they could fall through it.
  • Label all covers with the word “hole” or “cover.”
  • If you see a hole that’s uncovered, take the time to cover it.
  • Make sure hole covers can support at least two times the weight of your co-workers, equipment and materials. If a hole is larger than plywood, use guardrails. (OSHA requires covers of standard strength and construction.)
  • Fasten all hole covers with screws and/or nails. “If a worker steps on an unsecured cover, it can shift and the worker can fall through the hole and be injured.”

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Use scaffolding safely

Original article published by Safety+Health

Rounding out the top five on OSHA’s Top 10 list of most cited violations for fiscal year 2022 is scaffolding (1926.451), with 2,285 violations. Violations of this standard are a mainstay on the list year after year.

Use these tips from the Texas Department of Insurance to help your workers safely use scaffolding:
Use proper safety equipment. Is your employee working on a scaffold more than 10 feet off the ground? If so, they need to use personal fall arrest systems or guardrails. “Employees on single-point and two-point adjustable scaffolds must be protected using guardrails and personal fall arrest systems.” Also: “Many scaffold-related injuries involve falling objects or slips. Wear a hard hat and nonslip footwear to prevent serious injuries.”
Be aware of load limits. Scaffolds need to support four times the maximum intended load without failure, OSHA says.
Build properly. First, make sure workers are following the manufacturer’s instructions when constructing the scaffold. Then, they should avoid power lines by leaving at least 10 feet of clearance between electrical hazards and the construction. Next, a competent person must supervise the building, moving and dismantling of scaffolding, as well as inspect it before each shift and when work is done.
Keep the area organized and clear. Clutter can lead to trips and falls or cause hazards for workers on lower levels, so workers need to keep their tools and equipment organized and put away after they’re done using it.
Train all employees. Workers who use scaffolds should be trained to recognize, control and reduce hazards. Your training should include proper setup, use and handling of materials – “taking into account the intended load and type of scaffold used.”


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Choose the right fall protection training partner

Original article published by Safety+Health

Who needs fall protection training? How often should it occur? Who can best conduct it, and does one size fit all?

Safety-+-Health-traing-image-from-DFP.jpg

Photo: Diversified Fall Protection

Responding is Kevin Kelpe, brand manager, Diversified Fall Protection, Westlake, OH.

In 2017, OSHA made sweeping updates to its standards on walking-working surfaces in general industry and personal fall protection systems (1910.140). Although the changes in the final rule affect manufacturers, employers and workers in many ways, some of the most important changes pertain to training and other fall protection services. Although these services are more expertise than equipment, they can best be provided by a fall protection integrator with practical experience designing and installing systems, and not an all-purpose training company. Not all training is created equal (even if it’s technically compliant).

OSHA’s 1910.30 standard requires employers to train employees on fall hazards and fall protection equipment, and to retrain these employees at regular intervals. Employers in general industry are also required to designate authorized, competent and qualified persons (three separate designations in the rule) who use, supervise the use of and install fall protection systems, respectively. And that’s not all! The rule now requires that anchorage connectors used for travel restraint, fall arrest and suspended access be inspected, tested, certified and recertified at varying intervals (1910.27 and 1910.140). The updated rule requires documentation produced during these activities to be maintained by building owners and made available for contractors who work on their properties.

Whew! Considering all of this, it’s easy to see why a company offering just one element of fall safety may not cut it. The most appropriate partner for employers would, first, have broad experience with eliminating hazards. They would then have hands-on experience designing solutions using their own products and those of other manufacturers, and experience installing and certifying those integrated systems. Employers should seek out an organization with many regional locations that put the required personnel in their backyard – a regional team of engineers, inspectors and trusted advisors to demystify compliance and give employers peace of mind. Employers also capture economies of scale if they can use the same provider for the equipment and all of the services required by law (to be clear, that’s training, inspection, testing and certification).

The 2021 Fall Experience Survey developed by the American Society of Safety Professionals further illuminated the employer’s need for access to deeper expertise. Survey respondents cited a lack of planning as the leading cause of falls. Also among the top 10 causes were a lack of training and competency programs. ASSP found that, in many cases, building owners had installed fall protection systems, but those systems were inappropriate for the circumstances in which the work was done. Or, in other cases, workers used connectors that were incompatible with the equipment installed and were injured even though they were trained and tied off, albeit improperly.

This may seem surprising, but it’s understandable; in recent years, many products promising more efficient compliance have become available. The market has responded to new regulation with lots of rapidly evolving technology. Indeed, we may be in the golden age of fall safety.

Paradoxically, however, this influx of options may be widening the gap between workers and safety for a time, as the market catches up to match employers with newly minted experts. This further emphasizes the need for a true partnership. A transactional relationship between providers and employers is no longer a suitable option to protect workers or businesses. Employers now, more than ever, require subject matter experts in fall safety. They require fall protection partnership for life.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.