Recent OSHA Fines a Reminder of Safety Requirements at the Workplace

The Occupational Safety and Health Administration has recently fined several Florida roofing companies for safety violations that could put their employees in harm’s way. It’s an employer’s responsibility to ensure that employees have a safe environment to do their job, but in dangerous fields such as construction, sometimes these safety requirements are overlooked, either by employers, employees, or other contractors on the job. If an employer or another party contributes to a dangerous work situation by not following safety protocols, they may be held financially responsible by the government. If someone is injured or dies due to the lack of safety measures, the courts may hold them responsible in a personal injury or wrongful death claim.

Recent Fines

The recent “repeat” offender, Ft. Myers-based roofing company, was fined for the seventh time in four years and the fourth time in a year for a worker exposed to a fall hazard greater than 11 feet off the ground while he was installing tiles on a Naples roof.

Kasper Roofing, based in Orlando, received a proposed $134,510 fine after a worker died from a fall off of a one-story Maitland home.

In fact, in the last eight months, eight Florida companies have received fines under OSHA’s Regional Emphasis Program on Falls in Construction. This means that there are probably many other companies out there that aren’t ensuring their workers are equipped with the proper safety equipment required to prevent falls or other avoidable accidents. Employers who fail to provide adequate safety equipment are putting their workers and others nearby at risk for injury.

Workplace Injury

If an employee is injured at a work site, they may be entitled to compensation from their employer or a negligent third party. Employers have a duty to provide workers’ compensation insurance for most employees. If worker’s compensation coverage is available, that coverage is likely the employee’s exclusive source of recovery against the employer or a co-worker. Workers’ compensation coverage is limited to medical expenses, lost wages, and in certain cases, disability payments. Workers’ compensation does not provide recovery for pain and suffering.

If a worker’s injury was caused by a third party that was not involved in the work that the employee was doing, the worker may have a claim for negligence or wrongful death against that third party. Third party claims allow workers to seek recovery for all of the damages caused by the responsible third party including medical expenses, lost wages, and pain and suffering.

At Panter, Panter, and Sampedro, we handle workplace injury claims, and we work closely with engineering, safety, and medical experts to determine cause and demonstrate to insurance companies how accidents at a worksite occurred. We have a strong record of verdicts and negotiated settlements on behalf of seriously injured clients.

If you are the victim of a workplace injury, contact us for a free consultation, 305-662-6178.

References:

Neal, D. J., & Neal, D. J. (2019, February 05). A Florida roofer faces $91,000 in fines by the feds – and has a lot to say about that. Retrieved from https://miamiherald.com/news/business/article225273020.html

Neal, D. J., & Neal, D. J. (2018, November 05). Roofing company faces $113,000 fine after repeated ‘willful’ worker safety violation. Retrieved from https://miamiherald.com/news/business/article221132660.html

Miami Workplace Injury Lawyer. (n.d.). Retrieved from https://panterlaw.com/personal-injury/injured-on-the-job/

Mitchell J. Panter

February 8, 2019

Mitchell J. Panter is the Managing Partner at Panter, Panter & Sampedro, a personal injury law firm in Miami recognized for protecting Florida's families for over 30 years. Mr. Panter is a board-certified trial lawyer and one of the most trusted personal injury litigators in South Florida.