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The 1st U.S. District Court of Appeals in Boston ordered a Maine roofing contractor to implement a comprehensive safety and training program and demonstrate the ability to pay $389,685 in fines following investigations by the U.S. Occupational Safety and Health Administration, according to an announcement issued Friday.
OSHA cited the roofing company, which has operated as Lewiston, Maine-based Lessard Roofing & Siding Inc. and Greene, Maine-based Lessard Brothers Construction Inc., for safety violations at 11 work sites in Maine from 2000 to 2011. Company owner Stephen Lessard failed to correct the cited violations, implement appropriate safety measures, and pay accumulated fines and interest, despite being ordered to do so by the 1st Circuit in December 2011, according to a press release issued by OSHA. The court held the owner in civil contempt for defying the 2011 order, according to a press release.
The court on Friday called for Mr. Lessard to produce substantial documentation that would demonstrate the extent to which he is able to pay the outstanding fines issued by OSHA.
The court also ordered Mr. Lessard to ensure employees and contractors use required safety equipment and fall protection, conduct worksite safety analyses and meetings, employ a “competent person” to ensure work is performed according to OSHA regulations, notify OSHA about each worksite, allow inspectors to enter these sites, provide financial documentation to enable the department to determine the owner’s ability to pay the fines, submit certification of abatement of the previously cited hazards and comply with OSHA standards, according to the release.
The court warned that if Mr. Lessard fails to comply with the order, it will consider additional sanctions up to and including incarceration, according to the release.
“The 1st Circuit’s order requires Lessard to ensure that all workers at his worksites, whether his employees, employees of his subcontractors, or actual or putative independent contractors, are operating safely, after a long history of his failing to provide adequate protective measures,” Michael Felsen, regional solicitor of labor in Boston, said in the press release.
Mr. Lessard could not be reached for comment.
The U.S. Occupational Safety and Health Administration said Wednesday it has cited Manuel Gallardo, owner of Gallardo’s Construction Services, for exposing employees to fall hazards, with $281,286 in proposed penalties.