Tag Archives: Safety Violations

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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.

Prior Posts on Related Topics
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:

Worker Safety

Asbestos Removal Company Fined $229,700 for Exposing Workers and Public to Unsafe Conditions

An Edmonds, Washington based asbestos removal contractor has been cited by the Washington Department of Labor & Industries (L&I) for multiple willful safety violations for improper handling of asbestos. Along with the citations, the company faces fines totaling $229,700.

L&I has cited Above & Beyond Asbestos Removal in connection with two separate inspections. Along with citing and fining a company, L&I may also decertify an asbestos contractor for multiple willful violations. This company is under review. 

“This company has demonstrated a continuous indifference to Washington’s asbestos handling rules which protect workers and the public from harm,” said Anne Soiza, L&I’s assistant director for the Division of Occupational Safety and Health. “This fine delivers a clear message that asbestos is a deadly hazard and we won’t tolerate any company that doesn’t follow the rules to keep the public and workers safe.”

Asbestos is extremely hazardous and can cause potentially fatal diseases like asbestosis, mesothelioma and lung cancer. Only a certified abatement contractor that follows the specific asbestos related safety and health rules may remove and dispose of asbestos-containing building materials. 

The two recent inspections of Above & Beyond each uncovered several similar violations. One worksite involved the emergency removal of boiler insulation in a Seattle apartment complex, and the other concerned the removal of asbestos popcorn ceiling material in a single-family residence.

In both cases, the workers did not use proper safety equipment, required air sampling was not performed, and asbestos-containing material was left exposed to the public and was improperly taken through public areas. Asbestos-containing dust can harm both workers and the public until it is eliminated.

The two inspections resulted in multiple willful and serious violations. A willful violation is one where L&I finds evidence of plain indifference or an intentional disregard to a hazard or rule. 

Above & Beyond has been cited in the past for similar violations and has been identified by L&I as a severe violator — a designation that carries consequences, such as follow-up inspections at any of their facilities or sites that could have similar hazards. 

The employer has 15 business days to appeal the citations. 

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. 

For a copy of the citations, please contact Public Affairs at 360-902-5413.

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Safety

Company Fined Over $1 Million After Explosion at Newport, WA, Plant

Zodiac Cabin & Structures Support LLC has been fined $1,316,000 for workplace safety and health violations following an explosion at its carbon fiber production plant north of Spokane. Seventeen workers were injured in the oven explosion at the Newport, Wash., facility last July.

 

A nearly six-month investigation by the Department of Labor & Industries (L&I) concluded that the explosion could have been prevented if Zodiac had used required safety interlocks and safeguards to ensure that the curing oven was used safely and as advised in a consulting engineer’s report.

 

L&I cited the employer for 17 willful violations for knowingly and willfully exposing workers to the risk of serious injuries. The investigation found the company used defective equipment and didn’t ensure safe procedures were used when processing flammable materials in its industrial curing oven. Each violation carries the maximum penalty of $70,000.

 

“Had this explosion occurred during the day when many more workers were present, there could have been many more injuries and possibly even deaths,” said Anne Soiza, L&I assistant director of the Division of Occupational Safety and Health. “As it is, 17 people were injured and their lives put at risk from an incident that was highly predictable given the operating conditions.” 

 

Along with the willful violations, L&I cited the company for 18 serious violations, all with the maximum penalty of $7,000 because of the high potential for death or permanent serious harm.

 

Due to the danger of an explosion, specific safety interlock controls and other safety procedures were supposed to be in place before the highly flammable resins were used in the 90-foot drying oven. Those controls were not in place, despite the fact that Zodiac had advice from its contracted consulting engineer detailing the steps needed to ensure safe operation prior to using the flammable uncured resins.

 

The investigation found that flammable resins had been run through the oven a number of times prior to the explosion. L&I also discovered that 11 days before the incident, the plant was evacuated due to flammable vapors that created a risk of explosion in the same operation.

 

Four of the serious violations cited were for not ensuring effective energy control procedures were in place to protect workers when they had to reach inside the curing oven for cleaning, service or maintenance.

 

The company was also cited for eight “confined space” serious violations related to employees entering the 90-foot oven to perform cleaning, service or maintenance. Working inside a confined space area, such as the oven, without safety precautions can be deadly to both workers and would-be rescuers. Confined space hazards can include suffocation, toxic atmospheres, entrapment and other dangerous conditions that are fully preventable.

 

An additional six violations were related to failing to prevent ignition of flammable vapors and protect workers from inhaling harmful vapors and chemicals, such as from solvent and formaldehyde.

 

As a result of the willful violations, Zodiac Cabin & Structures Support LLC has been identified as a severe violator and will be subject to follow-up inspections to determine if the conditions still exist in the future.

 

The employer has 15 days to appeal the citation. Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.

 

For a copy of the citation or photo, please contact public affairs at 360-902-5413.

Workers' Compensation

Window Washer Killed From Fall in Tacoma, WA

KING-TV reports that a window washer was killed after falling from a building in downtown Tacoma Thursday, September 16, 2015. It happened at the Davita Building at 1423 Pacific Avenue, near the Tacoma Children’s Museum.

The Pierce County Medical Examiner identified the man killed as 30-year-old Timothy Thomas Sargent.

He worked for United Building Services out of Seattle. There was initially no word of how he fell. Tacoma Police and L&I are investigating.

The Washington State Department of Labor and Industries said this employer has been cited four of the past six inspections for serious violations related to fall prevention.