How dangerous is it for Illinois workers to be on the job today? Raising some concern here for safety agencies and advocates of worker-victims and their loved ones are the shocking number of news releases from the Occupational Health and Safety Administration (“OSHA”) within a single week focusing upon serious citations involving employers in the State of Illinois. Consider the following:
1. Fatal Fall Dangers at Construction Site in Orland Park, Illinois
In a news release issued on June 8, 2023, OSHA reported on its seventh (7th) citation issued against United Custom Homes, Inc. since 2015 for failing to keep workers safe from falls on the jobsite by following established safety regulations.
OSHA inspectors documented that half a dozen (six) carpenters were busy on the job at a construction site in Orland Park, Illinois, where they were tasked with framing out new townhomes in a project run by United Custom Homes. These carpenters were found to be working at “heights up to 21 feet without fall protection.”
That alone is a federal safety violation. However, in addition to failing to give the carpenters fall protection equipment that might save their life in the event of a fall, OSHA also found that “…[1] the contractor failed to train workers on the use of fall protection and forklift operations and [2] did not provide workers with eye protection.”
OSHA citations for this latest inspection involved one (1) willful violation; one (1) repeat violation; and two (2) serious violations against the company. Penalties total to $151,260.00 (proposed). Importantly, OSHA points out that:
The findings in this inspection are similar to fall protection violations OSHA identified at six other United Custom Homes’ worksites in the Chicago area since 2015. Currently, the company owes more than $81,000 in unpaid OSHA penalties.
From OSHA Chicago South Area Director James Martineck in Tinley Park, Illinois:
“United Custom Homes’ continued defiance toward federal safety regulations is putting their employees at risk of serious and sometimes fatal fall injuries. Falls are a leading cause of death in the construction industry. By failing to comply with the law yet again, United Custom Homes’ employees face real dangers that federal safety standards can prevent.”
For more, read, “Illinois Contractor Cited for Seventh Time in Almost 8 Years,” written by Alex Saurman and published by OHS Online on June 13, 2023.
To learn more about the danger of fatal falls facing construction workers, see our earlier discussions in:
- Fatal Falls in Construction Caused by Employers Failing to Plan for Worker Safety
- Deadly Construction Accidents: Falls Remain a Leading Cause of Death for Construction Workers.
2. Trench Collapse Takes Life of 27-Year-Old Construction Worker in Buffalo Grove, Illinois
On June 8, 2023, OSHA released the tragic news that a young man working for Rooter Solutions, Inc. died in a trench collapse in December 2022 which was determined to be caused by the failure to follow safety regulations designed to protect workers against trench dangers.
From the OSHA news release, the accident was described as occurring when the 27-year-old construction worker was “…fixing a residential water line damaged during excavation when the trench’s walls collapsed, crushing him fatally.” The incident happened at a Buffalo Grove worksite, “…about seven feet from the surface,” with both the worker-victim and a co-worker who escaped without harm being employed by the Burr Ridge plumbing contracting business.
OSHA Inspectors found Rooter Solutions Inc. (1) failed to install cave-in protection that would have protected workers in the trench and (2) did not ensure the use of required head protection. OSHA issued citations to Rooter Solutions Inc. for (1) one willful violation and (2) one serious violation with proposed penalties of $35,940.
From OSHA Chicago North Area Director Sukhvir Kaur in Arlington Heights, Illinois:
“Trench collapses are one of the construction industry’s most deadly hazards. Soil can shift suddenly and bury a person under thousands of pounds of dirt and rocks. This worker’s death was one of 39 caused by fatal injuries in trench collapses in 2022.”
OSHA describes Rooter Solutions Inc. as offering “plumbing and sewer services including emergency plumbing services, general plumbing services, leak detection and repair, drain cleaning and repairs, sewer services, and plumbing-related remodeling services in DuPage County and the surrounding area.”
In its release, OSHA reminds the reader that trenching standards require protective systems on trenches deeper than 5 feet, and soil and other materials kept at least 2 feet from the edge of a trench. Additionally, trenches must be inspected by a knowledgeable person, be free of standing water and atmospheric hazards and have a safe means of entering and exiting prior to allowing a worker to enter.
For more, read, “Worker Dies in Illinois Trench Collapse, OSHA Cites Company,” written by Alex Saurman and published by OHS Online on June 13, 2023.
For more on trench accident risks facing workers in Illinois and Indiana, see:
- Growing Danger of Severe Construction Worker Trenching Accidents
- Excavation Accidents and Trench Injuries on the Construction Site.
3. OSHA Citations 3rd Time in Five Years for Roofing Contractor in Greenville, Illinois
Explaining their recent citations against another Illinois contractor in a June 6, 2023, news release, OSHA explains that OSHA inspectors found six (6) roofers working at heights up to twelve (12) feet without fall protection. The roofers were busily removing asphalt shingles from the roof of a commercial building in Greenville, Illinois, on April 18, 2023, while being exposed to “deadly fall hazards.”
OSHA also found that the roofing employer, identified as “Juan Zuniga Ramos – operator of JZ Exteriors and Repairs LLC,” had “[1] failed to provide fall protection and train workers on its use,” and that “…[2] the company also lacked an accident prevention program and [3] did not have a competent person to inspect work sites for hazards…” and “[4] the contractor failed to use ladders properly, [5] exposed workers to electrical hazards by not de-energizing circuits and [6] did not have a fire extinguisher available in case of an emergency.”
This could not have been a surprise to the employer. OSHA reports not only that “JZ Exteriors and Repairs LLC currently owes $31,163 in unpaid OSHA penalties,” but that these new safety violation findings are “…similar to fall protection violations for which OSHA cited Ramos at a St. Charles, Missouri, worksite in 2019 and, more recently, at a Highland job site in 2022.”
OSHA cited JZ Exteriors and Repairs LLC for five repeat and four serious violations and one other-than-serious safety violation after the Greenville inspection, with another $66,711 in additional penalties (proposed).
From OSHA Area Director Aaron Priddy in Fairview Heights, Illinois:
“Several workplace safety inspections show that Juan Zuniga Ramos is willing to put his employees in danger by exposing them to the real possibility of serious and sometimes fatal fall injuries. Falls are a leading cause of death in the construction industry, and yet JZ Exteriors and Repairs has ignored warnings given and fines assessed in OSHA inspections in 2019 and 2022. Ramos must fulfill his responsibility to ensure his workers’ safety before tragedy strikes.”
Read, “Illinois Roofing Contractor Did Not Give Roofers Fall Protection, OSHA Says,” written by Alex Saurman and published by OHS Online on June 12, 2023.
For more on the dangers of death that roofers face on the job, read:
- Roofers Hurt or Killed on the Job: Why is Roofing So Dangerous and Deadly?
- Who Faces the Greatest Risk of Dying from a Construction Site Fall?
4. What About Whistleblowers? OSHA Protection for One Worker Who Stood Up for Safety
For workers and their loved ones who learn of these recent OSHA citations and are justifiably concerned about dangers on their worksites – either in Illinois or Indiana – what can they do? For many industrial workers, standing up for safety on the job can have serious ramifications. Fellow workers may not appreciate the help. Supervisors may penalize workers who speak up. Workers have been fired for doing the right thing and blowing the whistle on site hazards and risks.
Federal Whistleblower Protection Programs
OSHA does have programs in place to help workers with the honor and courage to speak up against deadly dangers at work. There are almost two dozen federal statutes that provide legal protections for employees who become “whistleblowers” in industries that include: airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, criminal antitrust and anti-money laundering laws.
June 2023 Worker Protection: OSHA Forces Reinstatement of Fired Whistleblower
This month, OSHA also revealed that its investigation into a South Dakota mechanic who saw dangers on the job and reported them to the authorities, only to get fired, would be re-hired by the employer with back pay.
OSHA found the employer in violation of federal law and ordered Avera Careflight in Sioux Falls, a division of Avera McKennan, not only to reinstate the mechanic but to pay the courageous employee over $30,600 in back wages and $25,000 in damages. They must also clean up his employment files, taking out “any negative reports from their personnel record.”
From OSHA Regional Administrator Jennifer S. Rous in Denver:
“Employees must be able to freely exercise their legal rights regarding workplace safety without fear of retaliation by their employer. The outcome of this investigation and the action on the mechanic’s behalf underscores the department’s commitment to protecting workers’ rights.”
Read, “OSHA Orders Company to Reinstate, Pay Back Wages to Terminated Mechanic,” written by Alex Saurman and published by OHS Online on June 12, 2023.
For more on whistleblowers and workers working in the face of known dangers on the job, read:
- Whistleblowers Given New Online Protection by OSHA
- Dangerous Work Site: Your Right to Stop Work to Avoid Injury or Death
- Worker’s Right to Stop Dangerous Work Operations in Indiana and Illinois.
Illinois Workers Deserve a Safe Workplace; Reality is Many Face Serious Risks on the Job
These recent OSHA reports, all published within one week’s time, are disturbing not only for the terrific dangers they reveal on the particular job sites, but how commonplace these risks appear to be in the local area.
How many more Illinois workers, particularly on our construction sites, are exposed to known and extremely hazardous conditions each and every day?
Another big confirmation here: all too often employers not only fail to follow known safety standards to keep workers safe, but they will maintain that same pattern of behavior even after they have been caught by inspectors and issued formal citations for violating safety regulations. As advocates for worker-victims, we are all too aware of how often companies choose profit over people, with horrific results.
For more, see:
- Fighting Fatal Falls on the Job: OSHA’s First National Emphasis Program
- National Safety Month: Protecting Workers from Accidents on the Job
- Rescue and Construction Fall Deaths: Employer’s Duty of Safety.
Workers in Illinois must be alerted to the recent OSHA revelations that pertain to their state. Dangers are present and must be resolved. No one deserves to be catastrophically harmed or to die in a preventable work accident. Please be careful out there!
