An administrative law judge of the Occupational Safety and Health Review Commission affirmed citations issued against a Florida contractor, but lowered the assessed penalties.

The U.S. Occupational Safety and Health Administration cited Fort Walton Beach, Florida-based Elmer Cook Construction Inc. in April 2016 for two alleged serious violations of the Occupational Safety and Health Act, with $9,100 in proposed penalties, according to the ruling.

OSHA asserted that two employees of the roofing, home construction and remodeling contractor who were installing waterproofing material to a roof were wearing personal fall protection systems incorrectly and were not protected from a 30-foot fall hazard in violation of the agency’s fall protection standard for personal arrest systems. OSHA also asserted that the ladder used to access the top of the structure did not extend 3 feet above the upper landing surface, exposing employees to a 12-foot fall hazard in violation of OSHA’s ladders standard.

Regulators proved all the elements necessary to establish that the company violated these standards, the judge said in affirming the citations.

“The employees were exposed to a fall hazard due to Elmer’s failure to properly implement a personal fall arrest system and its failure to use a ladder that extended 3 feet above the upper landing surface,” the judge said. “Clearly, there was a substantial probability that death or serious physical harm could result from both violations. Therefore, the violations were properly classified as serious.”

The judge determined that a reduction in the penalty amount was warranted due to the company’s small size — having only four employees — and because there was no evidence of a history of violations, but concluded that the company was not entitled to a good-faith reduction because it did not present any evidence of a fall protection program or plan or an enforcement program. The judge assessed a $2,100 fine for each violation.

Mr. Cook said he did not respond to OSHA’s citations and had no plans to respond to the judge’s ruling.

“I’m ignoring the ruling,” he said.

The administrative law judge’s decision became a final order of the commission Monday.