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Painting Company Settles OSHA Case in Fatal Accident, Pays Reduced Penalty

Tuesday, October 18, 2011

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A Quincy, Mass., painting company will pay a $2,400 penalty as a result of a fatal accident at a work site in July.

The Occupational Safety and Health Administration (OSHA) Region 1 Office said two “serious” violations contributed to the accident, which took the life of John Lopez, 47. Lopez fell when a ladder he was working on slipped; he was impaled on a branch after falling 20 feet into a bush. Lopez was scraping paint from the side of a home when the accident occurred.

OSHA originally proposed a fine of $5,400 against Jeremiah O’Mahony, owner of O’Mahony Painting, after issuing two “serious” citations for “not exercising care in the placement of the ladder and not instructing each employee in the recognition and avoidance of hazards.” The citations were issued by OSHA’s Braintree, Mass., Area Office.

O'Mahony met with OSHA and, on Sept. 29, signed a settlement agreement, OSHA spokesman Ted Fitzgerald told Durability + Design.

Under the agreement, O’Mahony agreed to correct the violations; pay an amended fine of $2,400 (which can revert to the original fine if the employer does not comply with the terms of the agreement); and provide ladder safety training to company employees by Oct. 31, 2011; and to submit documentation of the training to OSHA.

In a story in the Quincy Patriot Ledger, O’Mahony said he was thankful OSHA representatives took into account the fact that he owns a small company, and that officials didn’t “crucify” him.

“I’ll be more cautious,” O’Mahony said, expressing regret about the accident.

The story in the Patriot Ledger can be read at Painting Company Fined in Fatal Fall.

   

Tagged categories: Accidents; Enforcement; Fatalities; Health and safety; OSHA

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