As part of efforts to call out offenders and highlight safety best practices, OSHA frequently publishes cases where inspections or investigations result in heavy fines.
The largest of these cases often involve residential builders who often have a history of failing to provide workers with adequate protection from hazards, most commonly exposure to heights. In fact, the agency recently revealed that the most cited standard was general fall protection requirements, with 7,271 violations in fiscal year 2023, which ended in September. Employers often contest the fines and negotiate with the agency to reduce the cost.
Here are some of the largest initial fines highlighted by OSHA in the third quarter of 2023:
JMH Roofing LLC
Fines: $548,801
Status: Contested
OSHA inspectors allegedly observed employees of Millersburg, Ohio-based JMH Roofing working at heights of up to 19 feet without fall protection at four residential roofing jobs in Ohio, despite having fall protection available on site.
In three months at those four sites, inspectors found workers at height without falls or eye protection while using pneumatic nail guns, the release said. The company also allowed employees to work without properly extended ladders.
The eight willful violations and two repeat violations on four separate citations resulted in fines totaling $548,801.
Jonas Hershberger operates JMH Roofing and RAM Roofing LLC, which OSHA says has a “history of disregarding workplace safety standards, with numerous citations to both companies since 2018.”
A JMH spokesperson declined Construction Dive’s request to comment on the subpoenas.
Cheltenham Building Services
Fines: $334,618
Status: Informal Settlement ($167,669)
Twice in two months, OSHA inspected the workplaces of a coating contractor in Washington, Missouri, and found that it had allegedly workers exposed to fall risks while carrying out roofing and cladding work.
The agency conducted two inspections, one in February 2023 at Lake St. Louis and another in April 2023 in O’Fallon, finding that Cheltenham Building Services had authorized workers at height above 6 feet without proper fall arrest systems. At Lake St. Louis, the contractor allegedly failed to protect employees with nail guns from eye and facial hazards, according to the release.
Through the two citations, Cheltenham Construction Services faces initial fines of $334,618 for two repeat and two serious violations. OSHA has cited the company seven times since 2015 for fall protection violations.
In an informal settlement, Cheltenham negotiated both citations, and OSHA’s website lists the current penalties at a combined $167,669.
Construction Dive reached out to Cheltenham for comment but did not hear back by the time of publication.
Avila’s Roofing LLC
Fines: $328,143
Status: Issued
An OSHA investigation to a roofing contractor in Wilkes-Barre, Pennsylvania, resulted in two willful violations, two serious and one non-serious, with initial fines totaling nearly $330,000.
The agency alleges it observed Ávila’s Roofing employees working at heights of up to 27 feet without fall protection in February, and also learned the company had not provide employees with effective safety training about the risks of falling. The company also allowed employees to work without eye and face protection, OSHA said.
The agency previously issued $178,649 in citations from five previous inspections of Avila Roofing jobsites in Honesdal and Scranton, Pennsylvania.
Construction Dive reached out to Avila’s Roofing for comment, but did not hear back by the time of publication.
Sonny Steel Erectors Inc.
Fines: $266,416
Status: Contested
Houston-based Sonny Steel Erectors did not correct fall protection risksa problem the contractor had a history of, a federal OSHA investigation alleges.
Workers who erected a steel building in Cypress, Texas, in February allegedly did not require fall protection. OSHA cited the company for a serious violation of failing to secure a ladder, a willful violation of allowing employees to work more than 15 feet without fall protection, and a repeat violation of failing to ensure that employees of an aerial lift were on the floor of the car and had a body belt or cord. attached to the bar or basket.
The agency previously cited the steel assembly company, which has about 50 workers, according to OSHA, in February 2019, July 2019 and October 2022 for failing to secure a body belt or lanyard attached to the basket when employees were working on an aerial lift.
Sonny Steel Erectors is contesting the fines. Construction Dive reached out to the company for comment, but did not hear back by the time of publication.
Troyer ceilings and coatings
Fines: $205,369
Status: Contested
In March, an 18-year-old an employee of a Missouri contractor fell more than 22 feet from the roof of a commercial building and sustained serious injuries, which resulted in his death. After the fall, Troyer Constructors, which operates as Troyer Roofing & Coatings, allowed a foreman and another employee to continue working without fall protection, OSHA alleged. An inspection also found that the Jamesport, Mo., contractor had fall protection available but allowed employees to choose whether to use it, the agency said.
Additionally, the company failed to teach workers how to use fall protection, train proper forklift operations, provide workers with face and eye protection or have written hazard communication for sealants and other chemicals, he said OSHA.
OSHA cited Troyer Roofing & Coatings with one willful violation, three serious and one non-serious violation, proposing initial penalties of $205,369. The company is contesting the fines.
A representative for Troyer declined to comment on the subpoenas.
