Friday 11 March 2016

OSHA Cites Cleaning Service After Fatal Fall

Bella Vista, 631 Hazel St., Oshkosh, is a senior lifestyle and assisted-living facility, formerly the site of Mercy Medical Center & the scene of a 20 yr old window cleaners death.
OSHA cites cleaning service after fatal fall: The 2015 death of a 20 year old Oshkosh man who fell five stories from a senior-living facility prompted a federal investigation that resulted in multiple citations for a local window cleaning service.

Serwas Window Cleaning Services LLC faces one "wilful" and eight "serious" safety citations from the U.S. Department of Labor's Occupational Safety and Health Administration, after three separate investigations of company work sites in Oshkosh Appleton and Green Bay, the federal agency announced Thursday.

Tyler S. Peterson (pictured) fell to his death from a platform Sept. 9 while washing windows on the fifth floor of Bella Vista Retirement Community, 631 Hazel St., Oshkosh. He was taken to a local hospital, where he later died.

Inspectors determined Peterson's safety lines were not properly tied off, according to an OSHA news release. They also cited Serwas for failing to properly use fall protection and to train workers in fall-protection systems.

“This young man’s tragic death illustrates the importance of training workers in the proper use of fall protection systems,” said Robert Bonack, area director for OSHA's Appleton office. “Window washing is an inherently dangerous job. Employers must ensure workers have the proper equipment and are trained in its use.”

The agency also cited the company for four serious violations for failing to use fall protection properly and train workers in fall protection systems used during drop work, according to the news release. OSHA also issued Serwas a hazard letter for not marking or tagging the ropes used on the rigger with the length, diameter and date placed in service.

Chuck Hertel, an Oshkosh-based attorney representing Serwas in the matter, disputed the allegations, saying Serwas has "a very vigorous training program" that it requires all employees to complete before they start work.

"No employees go up in the air without going through it," Hertel said Thursday in an interview with USA TODAY NETWORK-Wisconsin.

Inspectors also found another worker had fallen July 16 on a job site on Adams Street in Green Bay, and OSHA issued three serious violations to the company Jan. 12 for violating fall protection standards. Serwas has contested those citations.

In the Oshkosh and Green Bay incidents, the company provided employees with adequate safety equipment, but the employees chose not to use it, Hertel said.

"Unfortunately, that equipment takes a fair amount of effort to properly put in place, and sometimes an employee chooses to take a shortcut," Hertel said. "Unfortunately, there were horrible results as a consequence."

On Oct. 1, 2015, an OSHA inspector saw workers cleaning gutters without fall protection on a residential roof on Durkee Street in Appleton, according to the news release. The agency cited the company for failing to provide fall protection.

The agency issued citations for the Hazel and Durkee Street violations March 7. Proposed penalties for all three inspections total $69,800.

The company is working with OSHA investigators to resolve any safety issues and will contest any citations that aren't resolved, Hertel said.

20-Year-Old Window Washer Falls to Death in WI (Oshkosh, WI) - A 20-year-old window washer fell more than 58 feet to his death because his safety lines were not properly tied off, federal inspectors found. The U.S. Department of Labor's Occupational Safety and Health Administration has cited Serwas Window Cleaning Services LLC, for a total of one willful and eight serious safety citations following three separate investigations of company worksites in Appleton, Green Bay, and Oshkosh. The investigations were opened following the worker's Sept. 9, 2015, death.

"This young man's tragic death illustrates the importance of training workers in the proper use of fall protection systems," said Robert Bonack, OSHA's area director for the Appleton office. "Window washing is an inherently dangerous job. Employers must ensure workers have the proper equipment and are trained in its use."

OSHA's fatality inspection found the rooftop rigger being used by the worker was not tied back to a separate anchor point and counterweights were not utilized prior to him going over the edge to clean a set of windows at a senior living property on Hazel Street in Oshkosh. The agency cited the company for four serious violations for failing to use fall protection properly and train workers in fall protection systems used during drop work. OSHA also issued Serwas a hazard letter for not marking or tagging the ropes used on the rigger with the length, diameter, and date placed in service.

While investigating the fatality, inspectors found another worker had fallen on a job site on Adams Street in Green Bay on July 16, 2015, OSHA issued three serious violations* to the company on Jan. 12, 2016, for violating fall protection standards. Serwas has contested those citations. On Oct. 1, 2015, an OSHA inspector observed workers cleaning gutters on a residential roof on Durkee Street in Appleton, without fall protection. The company was cited for failing to provide fall protection on this site as well. Citations for the Hazel* and Durkee Street* violations were issued to the company on March 7. Proposed penalties for all three inspections total $ 69,800.

OSHA offers a Stop Falls online resource with detailed information in English and Spanish on fall protection standards. The page provides fact sheets, posters, and videos that illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities six feet or more above the next lower level.

The agency's ongoing Fall Prevention Campaign was developed in partnership with the National Institute for Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. Begun in 2012, the campaign provides employers with lifesaving information and educational materials on how to prevent falls, provide the right equipment for workers and train employees to use gear properly.

Sewas Window Cleaning Services has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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