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The Occupational Safety and Health Review Commission vacated two citations against a Florida demolition contractor that were issued following the September 2020 death of a worker crushed by a concrete wall.
In a March decision publicized Tuesday, the commission ruled the Occupational Safety and Health Administration failed to prove Wildcat Renovation LLC was noncompliant with workplace safety regulations at the time of the fatal wall collapse.
The worker was crushed by a concrete wall he was demolishing at the Sun ’n Fun Waterpark in Naples, Florida.
OSHA issued citations to Wildcat for failing to perform an engineering survey to determine the condition of the concrete wall and the possibility of unplanned collapse and for failing to carry out continued inspections of the site.
OSHA proposed $13,653 in fines.
In vacating the citations and fines, the commission ruled the company took proper steps to conduct an engineering survey during the course of the demolition work to ensure the work site would remain safe.
OSHA also asserted the company failed to continuously inspect the site during the progression of the work, contending Wildcat violated workplace safety standards in having the site foreman located 40 to 50 yards away from the worker prior to the wall collapse, and therefore unable to continuously monitor the situation.
The commission said the fact that the foreman had observed the worker for a few months prior to the incident and found him to be knowledgeable in concrete cutting was sufficient to prove the employer acted with reasonable diligence in attempting to provide a safe workplace.