OSHA says inspectors driving by the 2847 S. Park Ave. work site on April 16, 2014, observed employees working on the roof and on a scaffold without fall protection. Kevin Burke Home Improvement was informed on the first day of the inspection that fall protection was required but when OSHA visited the worksite a day later the fall protection had been removed or was not used.
“Potentially deadly fall hazards were witnessed two consecutive days, even after the employer was given explicit instructions to correct the problems,” said Michael Scime, OSHA’s area director in Buffalo. “While no worker was killed or injured, the danger was real, and avoidable. This employer must live up to the responsibility of keeping its employees safe."
As a result, OSHA cited Kevin Burke Home Improvement for two willful violations of fall protection requirements, with $44,000 in fines. A willful violation is committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.OSHA cited the contractor for five serious violations, with $12,400 in fines, for not providing required hard hats to workers to protect them against head injuries from falling debris, and for overloading a scaffold and failing to provide proper fall protection equipment.