Tag Archives: employer citation

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Safety Violation

Cloise & Mike Construction Fined $92,000+

Cloise & Mike Construction, Inc., a firm with nearly 20 years of safety violations, has been fined more than $92,000 after a recent inspection.

The construction company has an extensive history of safety problems in Kitsap, Pierce and Grays Harbor counties. The serious safety violations found during this recent inspection included failing to enforce the use of fall protection while roofing a home under construction in Hoquiam.

The Department of Labor & Industries (L&I) opened its latest inspection of Cloise & Mike Construction, Inc. (formerly Choice & Mike Construction) after receiving an anonymous report in May that included photographs showing four employees engaged in roofing work on a steep pitch roof with no fall protection installed. 

Inspectors found that, in addition to employees working at height without proper fall protection, employees were not wearing masks or social distancing, which is a violation of COVID-19 workplace safety rules.

History of Violations

Since 2001, Cloise & Mike Construction has been cited for more than two dozen serious and repeat safety violations after being inspected 26 times. Seven of those inspections occurred in the last three years, resulting in more than $200,000 in fines.

“This isn’t a case of the company not knowing what the rules are,” said Anne Soiza, L&I assistant director for the Division of Occupational Safety and Health (DOSH).

“Cloise & Mike has ignored their fall hazards, putting their workers at serious risk, for nearly two decades. We hope these substantial fines will motivate them to recognize their obligations and prevent any future tragic outcome for their workers,” said Soiza.

The violations occurred on the construction of new homes in various cities including Bremerton, Bainbridge Island, Gig Harbor, Tacoma, Lakewood and Hoquiam.

In addition to the violations mentioned above, the May inspection resulted in another eight violations:

  • no fall protection at four feet and greater while working on a steep pitch;
  • no fall protection work plan;
  • not complying with COVID-19 protections in construction;
  • training programs not effective in practice;
  • no hard hat worn while working under roofers;
  • hands not kept free while ascending a ladder;
  • ladder not extending three feet above the landing; and
  • no walk-around safety inspection
Penalties and Appeal Rights

Cloise & Mike Construction, Inc. is appealing this inspection and two others. Employers have 15 business days from the time they receive the citation from L&I to appeal.

Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping injured workers and families of those who have died on the job.

Safety Training and Consultations

Fall protection training and other L&I safety guides can be found on the L&I website, here. Businesses can also request a safety consultation from DOSH.

L&I’s Consultation Program offers confidential, no-fee, professional advice and assistance to Washington businesses. These services can help them find and fix hazards in the workplace and strengthen their safety program.

Business owners can call a consultant  or request an onsite consultation to schedule any of the following services:

Safety and Health Consultation

Safety or Industrial Hygiene consultants provide assistance with building your safety program, training, identifying and controlling hazards, and following applicable safety rules. No fines or penalties will result from issues uncovered during a consultation. However, consultants will ask you to correct any serious issues and offer assistance.

Risk Management Consultation

Risk management consultants can review your workplace injury history and provide a step-by-step plan to help you prevent injuries and control industrial insurance costs.

Ergonomic Consultation

Ergonomic specialists can help you find solutions to prevent sprain and strain injuries. These injuries are associated with high worker’s compensation costs.

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Coronavirus

First Safe Start Citation Issued

Fitness gym in Yakima County receives first Safe Start citation, fined nearly $10K for operating in violation of governor’s order.

The Department of Labor and Industries (DLI) has issued the first Safe Start citation against an employer for ignoring the Governor’s Safe Start order. DLI’s press release states that Bradshaw Development, Inc. , owner of Anytime Fitness Selah, was cited after DLI inspectors found the gym open for business on June 15th, when it should’ve been closed under the governor’s order.

The governor’s Safe Start proclamation prohibits most businesses from operating unless their county is in the appropriate phase of the statewide plan to reopen their economy and other aspects of daily living. Anytime Fitness Selah is in Yakima County, one of the state’s most active areas for coronavirus (COVID-19) infections. The county remains in Phase 1, the most restrictive tier of the four-phase state plan.

DLI Inspection

DLI inspected the Selah facility after receiving multiple complaints from the public and a referral from the Yakima Health District that Anytime Fitness was operating in violation of the governor’s proclamation. Before DLI conducted the inspection, state workers contacted the business multiple times; they informed the business about the order and directed it to close.

The state had received 13 complaints since May about Anytime Fitness Selah. People submitting complaints said the gym allowed customers to work out without requiring social distancing, was selling new memberships, and was posting on social media that it was open.

In an email to the governor’s office, a Yakima Health District official said numerous community members were reporting that the fitness center was open and that a staff member drove by and saw the building was packed with customers.

DLI notified Anytime Fitness Selah about the requirement to close to the public in a phone call, email, letter, and inspection. The citation is a “willful general” violation, meaning the employer knew about the safety requirements, but refused to follow them.

When inspectors went to the facility on June 15th, they saw several employees working, as well as customers entering and using the facility.

Exposing workers to COVID-19

Operating and serving customers during Phase 1 exposes Anytime Fitness Selah workers to an unacceptable risk of coronavirus exposure, according to the citation from DLI’s Division of Occupational Safety and Health (DOSH).

Along with being cited for the violation, the business faces a $9,639 fine. The business had until July 5 to close or 15 working days to appeal.

“Our primary focus is making sure employers do everything possible to prevent their workers from being exposed to the coronavirus,” said DLI Director Joel Sacks. “In this case, Anytime Fitness Selah was clearly aware it was operating in defiance of the governor’s order and putting employees at risk. They chose to stay open even after multiple contacts with DLI. And, it’s just not fair to businesses that are following the rules when others don’t.”

Businesses given several chances to comply

By the time DLI receives a Safe Start referral from the state Emergency Operations Center (EOC) team, the business has already been contacted by phone and, when possible, by email to ensure they understand the Safe Start rules. In most cases, businesses comply.

If employers say they won’t follow the rules or DLI receives more complaints, the department sends a letter warning that they could be fined if they remain open. Inspectors may later drive by the businesses to make sure they’re complying. If they’re open, the case is referred to a DOSH investigator, who inspects the work site in person and may issue a citation.

Other Safe Start violations under review

Through June 26th, DLI staff working at the state EOC had contacted more than 400 businesses about complaints filed about their operations. The staff have given businesses guidance and answered questions when possible. The team still has approximately 1,300 businesses to contact about possible Safe Start violations.

People who believe a business is violating Safe Start rules can report it online.

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Coronavirus

Businesses Ignoring Pandemic Closure Orders can be Cited and Fined

Washington businesses ignoring pandemic closure orders and deciding to open or operate in direct violation of Gov. Inslee’s Stay Home, Stay Healthy order may be cited and fined for unsafe workplace conditions under emergency rules filed May 26, 2020 by the state Department of Labor and Industries (DLI).

The closure order and the Safe Start Plan to reopen businesses are in place to keep workers and the public safe and to prevent the spread of the easily transmissible coronavirus.

The emergency rules, enacted at the direction of the Governor, take effect immediately. They give DLI the authority to cite businesses for being open or for operating in a way that is purposely defying the phased-in approach and, as a result, putting their workers at risk.

“We’re all in this together, and most businesses are doing the right thing for our state and our communities. Unfortunately, there are some that are choosing not to,” said DLI Director Joel Sacks. “The coronavirus is a known workplace hazard and businesses must follow the requirements to keep their workers and the public safe.”

Protecting worker safety and ensuring a level playing field

DLI will work with the state Emergency Operations Center to take in and respond to complaints about businesses ignoring pandemic closure orders and operating illegally. If employers are found to be defying the Governor’s order, they’ll be informed and directed to close or adjust operations immediately. If they do not, they’ll face a workplace safety citation that could carry a fine of nearly $10,000 or more.

Along with contacting businesses by phone and in writing, DLI will perform in-person spot checks on some of the businesses to make sure they are following through and complying with the Safe Start requirements. It’s not fair to employers who are following the law when other businesses defy it. DLI’s role will complement efforts by the Liquor and Cannabis Board and other state licensing and permitting agencies.

Stay informed

The nature of the outbreak changes daily so it’s important for everyone to have the most current information. DLI has a COVID-19 webpage, and there’s important information on the state Coronavirus Response (COVID-19) site. There’s also an online form for people to report suspected violations of the Governor’s orders regarding essential business functions, evictions, and social distancing.

Information is the best resource to protect workers and the public. DLI urges employers to stay as informed as possible, and to take all measures necessary to keep Washington workers safe and healthy.

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Safety Violation

Tower Crane Erection and Dismantling Violations

Tower Crane Erection and Dismantling Hazard Alert

The Division of Occupational Safety and Health (DOSH) issued a Hazard Alert in June 2019 discussing roles, responsibilities, and procedures during tower crane erection and dismantling. Read the full DOSH Hazard Alert: Roles, responsibilities, and procedures during the erection and dismantling of tower cranes.

The hazard alert was issued in response to an April 27, 2019 incident where a construction tower crane collapsed in Seattle, Washington while being dismantled, fatally injuring two workers and two members of the public.

Violations Result in Fines

The Department of Labor and Industries completed it’s investigation in October 2019. During the investigation, it was found that the conditions leading up to the collapse may not have been an isolated event, but was due to procedures that have been practiced throughout the industry.

The state issued citations to: GLY Construction, Northwest Tower Crane Service, and Morrow Equipment, totaling over $107,000.00. The state did not cite two other companies involved, Omega Morgan and Seaburg Construction.

New Safety Regulations – DOSH Directive 8.55

On November 4, 2019, DOSH issued Directive, 8.55 – Tower Crane Erection and Dismantling Violations which clarified the rules for the erection and dismantling of tower cranes, and established a willful penalty classification for specific tower crane erection/dismantling safety violations.

The April 2019 accident, which was found to have been “totally avoidable,” prompted the state to craft and implement the new regulations outlined in Directive 8.55.

This directive includes enforcement instructions for Compliance Officers who inspect tower cranes worksites to ensure employers provide an assembly/disassembly director and follow the manufacturer’s written procedures when erecting and dismantling tower cranes. Directive 8.55 also creates a willful violation classification, allowing for increased penalties in cases where safety is compromised.

WAC 296-155-53402 sets out the rules for safety practices when assembling and disassembling a crane/derrick.

Tower crane erection and dismantling presents safety hazards.

When the DOSH Compliance Crane Unit documents violations of either WAC 296-155-53402 (1) or WAC 296-155-53402 (17)(a) through (d) on a tower crane erection or dismantling site, the violation will be classified as willful and the penalty will be multiplied by 10.

More Information

For more information about the April 2019 accident, the Department of Labor and Industries investigation, and the citations issued, look to The Seattle Times coverage, including:

Prevailing Wage

WA L&I Cites Company for Shorting Workers Over $155,000

Six construction workers were shorted more than $155,000 in wages for work on a Belfair senior center, according to a Washington State Department of Labor & Industries (L&I) investigation.

The workers are owed about $25,000 each for wood framing at the Belfair HUB Senior Center. Their employer, Integrity Construction LLC, was on the project from May to August 2015. L&I notified the company of the violation in August, 2017.

L&I’s investigation found the Tacoma company owes $156,692.48 in wages and more than $30,000 in fines and penalties. Integrity did not appeal the violation and is barred from bidding on future public works projects until the money is paid.

“Integrity vastly underpaid its employees for the work they did,” said Elizabeth Smith, assistant director for L&I’s Fraud Prevention and Labor Standards division. “By making sure contractors pay their workers fairly, we are creating a level playing field for firms in the construction industry.”

The Belfair project received $1.86 million from the state’s capital budget. That meant Integrity was required to follow the state’s prevailing wage law. L&I enforces the law, which protects workers by setting the wages for specific work.

Because the project owner was a non-profit and not a public agency, the organization was not required to post a performance bond or hold money aside until the project was completed, called retainage, for situations like this.

“It’s important that agencies and non-profits understand that using public money on a project means it’s covered under prevailing wage,” Smith said. “The law’s safeguards would have assured protection for the workers’ wages.”

Belfair’s Hospitality, Unity, and Belonging (HUB) Senior Center, valued at a reported $3.5 million, opened in May 2016. At 15,000 square feet, the structure houses a thrift store, meeting space, and kitchen. PHC Construction of Bainbridge Island was the prime contractor.

Photo credit: Faith in Action

Safety violations

Fatal Fall Investigation Results in Citation and Fine for Aberdeen, WA Lumber Mill

An Aberdeen lumber mill has been fined $112,000 for safety violations following the death of a worker last April. Andrew Ward, 41, died when he fell from an elevated platform where he was working to the concrete surface below.

An investigation by the Washington State Department of Labor & Industries (L&I) has found and cited Sierra Pacific Industries for seven safety violations at the lumber mill where the incident happened.

L&I’s investigation found that a section of permanent yellow guardrail was removed from the 17-and-a-half-foot-high platform and replaced with yellow caution tape so that a crane could move some equipment. When Ward went to the edge of the platform to communicate with the crane operator below, he leaned forward and fell.

The investigation found that the employer knew that caution tape cannot be used in place of guardrails at a high elevation, but still regularly allowed it to happen. Additionally, the employer was required to provide workers with a fall protection system, such as a harness, lanyard and tie-off point, while working on the elevated platform without adequate guardrails, and when removing them.

As a result, Sierra Pacific has been cited for a willful violation, the most serious, with the maximum penalty of $70,000 for not ensuring that an open-sided work platform was adequately guarded and for not ensuring employees wore fall protection equipment.

“A death like this is especially tragic because it was completely preventable by using proper fall protection and following safe work practices,” said Anne Soiza, L&I’s assistant director for the Division of Occupational Safety and Health. “Falls are the leading cause of worker deaths and immediate hospitalizations. Employers need to be vigilant about preventing falls.”

The employer was cited for an additional six serious violations, each with the maximum penalty of $7,000. Those violations covered a range of serious hazards that exposed workers to harm, including ineffective safety and health training; a safety program that wasn’t tailored to company operations; inadequate personal protective equipment training; untrained crane personnel; and not following safety precautions required for open flame work.

Because of the willful violation that led to the death of a worker, Sierra Pacific Industries has been placed on the severe violator list and will be subject to follow-up inspections to determine if the conditions still exist in the future.

The company has appealed the violations.

Photo credit: Safety poster by Gravitec Systems, providers of training, equipment and testing.