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Wrongful Death News
OSHA Cites Miami Roofing Company After Fatal Accident
FORT LAUDERDALE, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Aleluya Roofing Co., Miami, with alleged safety and health violations following a fatal construction accident. The agency is proposing penalties totaling $154,800.
"This horrific accident could have been avoided if the employer had followed required safety procedures," said Luis R. Santiago, OSHA's area director in Fort Lauderdale, Fla. "Tragedies like this simply should not happen."
The fatality occurred Jan. 25, 2006, when an employee fell from the roof of a six-story Abbott Avenue building in Miami and was impaled on the pickets of a wrought-iron fence. The worker had been assisting the operator of a trolley hoist when the rear of the machine lifted up, causing the machine and the employee to fall to the street below.
OSHA issued one willful citation with a maximum $70,000 proposed penalty for the employer's failure to comply with the manufacturer's operating specifications for the trolley hoist. A willful citation is issued when an employer has shown an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. An additional willful citation with a proposed penalty of $44,000 was issued because fire exits were reportedly fastened closed with lumber and blocked on four separate occasions.
Aleluya Roofing also received 11 serious citations with proposed penalties totaling $40,800. These citations included the failure to do the following: provide fall protection in a hoist area and at the edge of a flat roof; train employees to recognize fall hazards; and protect employees from an array of dangers.
OSHA personnel issues serious citations when there is a substantial probability that death or serious physical harm could result, and that the employer knew or should have known of the hazards.
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Definition:
Monetary compensation or indemnity for wrong or injury caused by the Violation of a legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.
Sanction
Definition:
A penalty or punishment provided as a means of enforcing obedience to a law, rule or code; also, an authorization.
Negligence
Definition:
Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
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