Last month the owner of a Pennsylvania painting company plead guilty to a single misdemeanor count of a “willful violation of an Occupational Safety and Health Administration regulation causing the death of an employee” and was sentenced to a year of probation. The charge stemmed from the 2010 death of one of the owner’s employees who was sadly electrocuted while using a paint roller at the end of a fiberglass extension pole to reach an upper section of a 30-foot-tall commercial building when the pole came into contact with electrical wires. Although the owner had warned the employee that the lines were “very dangerous” and to be “extra careful,” he failed to provide any safety related training to the employee and took no steps to protect the employee from the energized lines. The contractor was cited by federal prosecutors for violating 29 C.F.R. §1926.416(a)(1), which requires employers to prevent workers from laboring close to any part of an electric power circuit unless they are protected against electric shock through insulation of the circuit or de-energizing and grounding of the circuit.
In addition to the criminal charge, OSHA had already fined the contractor $57,400 for one willful and two serious violations stemming from the agency’s investigation into the 2010 death. May this case serve as a reminder of how important safety related training truly is and how every effort should be made to protect employees from danger.
However, if you ever find yourself in the unfortunate situation of having to contest an OSHA citation, the attorneys at Harmon & Davies, P.C. are here to assist you.
This article is authored by attorney Shannon O. Young and is intended for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice. Any particular questions should be directed to your legal counsel or, if you do not have one, please feel free to contact us.
