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Oregon OSHA fines Newberg contractor $135,407 for repeatedly exposing employees to fall hazards

The Oregon Occupational Safety and Health Division (Oregon OSHA) has fined a Newberg contractor $135,407 for repeatedly violating requirements to protect its employees from work-related hazards. In one of the violations, View Top Construction LLC did not ensure workers were protected from falls of 6 feet or more to a lower level by using a protection system.

Falls are one of the leading causes of death in the construction industry. Under Oregon OSHA’s penalty structure, penalties significantly increase for repeat violations.

“When employers assign work to be done at heights, they must protect their employees from fall hazards,” said Renée Stapleton, administrator for Oregon OSHA. “It is a commitment required by law. It is never an option. And workers have a right to work safely.”

The division cited View Top Construction LLC following an inspection of a jobsite in Hillsboro where work was being done on the roof of a house. The division conducted the inspection under its prevention-based emphasis program addressing fall hazards in all industries.

The inspection found an employee installing roofing material while not fully implementing a fall protection system the company had provided. The employee was wearing a fall protection harness but it was not connected to a fall protection anchor, according to the inspection. View Top Construction’s rule violation exposed the employee to a fall of as high as 17 feet to the ground.

In total, Oregon OSHA cited the company for three violations of the Oregon Safe Employment Act. Those violations were:

  • Failure to ensure fall protection systems were implemented where employees were exposed to a hazard of falling 6 feet or more to a lower level. It was a third repeat violation. Penalty: $84,996.
  • Failure to ensure that the side rails of an extension ladder used by employees extended at least 3 feet above the roofline. It was a first repeat violation. Penalty: $38,883.
  • Failure to ensure employees used eye protection as they operated pneumatic nail guns. It was a first repeat violation. Penalty: $11,528.

Oregon OSHA opened the inspection on Oct. 19 and closed it on Nov. 21. The division issued the citation to View Top Construction LLC on Dec. 3. During the inspection, the company corrected the violations identified by Oregon OSHA. The total penalty issued to the company included a standard penalty reduction based on the size of the company. Employers have 30 calendar days after receiving a citation to file an appeal. View Top Construction LLC has filed an appeal of the citation.

In addition to its enforcement activities, Oregon OSHA offers employers free resources – involving no fault, no citations, and no penalties – to help protect their employees:

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

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

Also available are free online resources to help improve workplace safety and health. These include Oregon OSHA’s Fall Protection Suite of online video training courses and its A-to-Z topic page about fall protection. The Fall Protection Suite includes courses addressing fall protection fundamentals, construction, roofing, and ladder safety.

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Oregon OSHA, a division of the Department of Consumer and Business Services, enforces the state's workplace safety and health rules and works to improve workplace safety and health for all Oregon workers. For more information, go to osha.oregon.gov.

The Department of Consumer and Business Services is Oregon's largest business regulatory and consumer protection agency. For more information, go to oregon.gov/dcbs.

The Oregon AFL-CIO is the statewide federation of affiliated unions, representing more than 300,000 working Oregonians. For more information, visit Oregon AFL-CIO.

Contact information

Aaron Corvin,
public information officer
971-718-6973
Aaron.corvin@dcbs.oregon.gov


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