An administrative law judge of the Occupational Safety and Health Review Commission has vacated a serious citation and proposed $1,600 fine issued against an employer whose employee was hospitalized for injuries sustained when a crate fell and hit him.
Houston-based Camarata Masonry Systems Ltd. was responsible for installing stone for a project in downtown Houston when an employee was injured while unloading a damaged crate, weighing nearly 3,000 pounds and containing marble slabs, in July 2015, according to a commission document. The employee was hospitalized for treatment of a broken right tibia and dislocated left knee.
The Occupational Safety and Health Administration investigated Camarata’s worksite a few days after the incident and issued a citation and penalty notification in December 2015 alleging a serious violation for failing to instruct employees in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment to control or eliminate hazards.
But the administrative law judge vacated the citation and proposed fine against the masonry construction contractor after finding that the Secretary of Labor failed to show that Camarata failed to provide instructions to its employee that a reasonably prudent employer would have given in dealing with the damaged crate.
“The evidence does not support the Secretary’s contention that Camarata failed to instruct the operator in the recognition and avoidance of unsafe conditions in his work environment,” the judge wrote in vacating the citation.
The commission has adopted the administrative law judge’s decision as a final order as of July 3.
A company spokesperson and the listed attorney representing Camarata could not be immediately reached for comment.
An administrative law judge of the U.S. Occupational Safety and Health Review Commission upheld citations and a total of $6,013 in penalties assessed against a Georgia roofing company whose employees were not wearing fall protection.