Salem, OR – The Oregon Occupational Safety and Health Division (Oregon OSHA) has fined Hillsboro contractor Arm & Hammer Construction Inc. $66,420 for multiple violations of workplace safety rules. In one violation, the company repeatedly failed to protect workers from fall hazards that could seriously injure or kill them. In another, the company willfully decided against notifying Oregon OSHA that a worker was hospitalized overnight due to an on-the-job injury.
The citation against Arm & Hammer Construction stems from an inspection the division opened in March of this year in response to a confidentially filed complaint. The complaint concerned work that was done a couple months earlier – on or about Jan. 15, 2023 – at a jobsite in Hillsboro where employees were building a deck on the second level of an outbuilding near a house.
Among the complaint’s allegations were that the company had not provided employees with fall protection during the deck project and that a worker fell and was hospitalized for broken ribs and punctured lungs. What’s more, the complaint alleged, Arm & Hammer Construction decided against following an Oregon OSHA requirement that employers report work-related injuries that result in overnight hospitalizations.
Oregon OSHA’s inspection included a site visit, interviews with the injured worker and other employees, interviews with management, an examination of a variety of documents and records, and a review of previous enforcement activity involving the company. The inspection’s findings included:
- The company exposed an employee to the hazard of falling about 15 feet to the ground. It did so by failing to comply with an Oregon OSHA rule that requires employers to implement fall protection systems when workers are exposed to a hazard of falling 6 feet or more to a lower level. It was the company’s fourth such violation since September 2021.
- Although the owner of Arm & Hammer Construction was made aware of the work-related injury when it occurred – on or about Jan. 15, 2023 – he willfully decided against complying with Oregon OSHA’s reporting requirement. Instead, he instructed the injured worker to not report the incident.
Altogether, Oregon OSHA’s citation against the company encompassed these violations and penalties:
- The employer did not investigate a work-related incident that led to a lost-time injury and did not take any corrective actions for purposes of prevention. Penalty: $1,180.
- The employer failed to provide personal fall protection equipment for employees. Penalty: $1,180.
- The employer willfully failed to report to Oregon OSHA an overnight hospitalization that resulted from a work-related incident. The employer was required to do so within 24 hours of when the incident happened or when the employer became aware of it. Penalty: $13,435.
- The employer did not ensure that fall protection systems were implemented where employees were exposed to a hazard of falling 6 feet or more to a lower level. It was a fourth repeat violation. Penalty: $50,625.
- The employer’s documented safety meetings did not include dates showing when the meetings were conducted.
Falls are one of the leading causes of death in the construction industry. Oregon OSHA’s requirement that employers report a work-related injury or illness in a timely fashion helps ensure thorough investigations.
“The employer’s actions in this case show not only a clear lack of commitment to protecting employees who are being directed to work at heights, but also a reckless disregard for the kind of transparency that can help prevent future accidents,” said Renée Stapleton, administrator for Oregon OSHA. “Workers have a right to a safe and healthy workplace. Employers are obligated to make that right a reality – it’s not an option.”
The total penalty issued against Arm & Hammer Construction included a standard penalty reduction based on the small size of the company. Under Oregon OSHA’s rules, penalties multiply when employers commit repeat offenses. A willful violation occurs when an employer or supervisor intentionally or knowingly disobeys or recklessly disregards workplace safety and health requirements.
Employers have 30 calendar days after receiving a citation to file an appeal.
In addition to its enforcement activities, Oregon OSHA offers employers free resources to help improve workplace safety and health. These resources include the division’s Fall Protection Suite of online video training courses and its A-to-Z topic page about fall protection.
The Fall Protection Suite includes courses addressing fall protection fundamentals, construction, roofing, and ladder safety.
Oregon OSHA provides information about what employers need to know about the division’s requirements for reporting work-related injuries, illnesses, and fatalities.
Employers are encouraged to use free resources – available now from Oregon OSHA and involving no fault, no citations, and no penalties – for help protecting their employees:
Consultation services – Provides free and confidential help with safety and health programs, including how to control and eliminate hazards, and hands-on training
- Phone (toll-free in Oregon): 800-922-2689
- Field offices
- Online
- Email: [email protected]
Technical staff – Helps employers understand requirements and how to apply them to their worksites
- Phone (toll-free in Oregon): 800-922-2689
- Online
- Email: [email protected]
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