OSHRC vacates citation in carpenter’s death from fall

The Occupational Safety and Health Review Commission vacated a citation issued in a carpenter’s death from a fall after finding his employer had no reason to believe he would not be wearing fall protection.

In its decision in Secretary of Labor v. Harvestland Constructors, Inc., released Tuesday, the commission held that the Occupational Safety and Health Administration inspector failed to establish that Harvestland Contractors Inc. had actual or constructive knowledge of the condition on its worksite that led to the carpenter’s death.

On Oct. 9, 2019, the 66-year-old carpenter and others working for Harvestland were building a feed mill in Crawfordville, Georgia. The carpenter, who had been with Harvestland for five years, was covering openings in an upper floor with plywood when he fell through an opening to the concrete floor below and died from his injuries.

The day after the accident, an OSHA inspector cited the company for a serious violation for failing to protect the carpenter from falls. Harvestland contested the citation.

Harvestland presented evidence that it had a record of disciplining workers for violating safety rules, used an outside consultant to perform monthly safety inspections and held weekly safety meetings — which were regularly attended by the carpenter — to discuss workplace safety, including fall protection.

On the day of the incident, personal fall protection had been installed on the second floor where the carpenter went to work after his afternoon break, and other workers testified that the carpenter always wore a safety harness and attached lanyard when working around fall hazards.

OSHRC said in its ruling that OSHA failed to establish that Harvestland knew or should have known the carpenter was not protected from falling that afternoon and that the company had no reason to believe it needed to provide additional monitoring of an experienced employee performing a routine assignment.