Florida Company Faces $81,000 in Fines after 27 OSHA Violations were Discovered During Inspections

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The company is Assura Windows and Doors and it was initially fined $162,688 after 27 OSHA violations were discovered during three separate inspections. The Miami Herald reported that on October 24th, October 30th, and November 7th, inspections were conducted at Assura’s Powerline Road facility in Pompano Beach, FL and all three turned up some rather serious violations that put employee safety at risk.

Some of the violations that were listed in the citations included:

  • “A lack of machine guarding.”
  • “Failing to develop and implement a hazardous energy control program.”
  • “Improperly storing and handling flammable materials and electric shock hazards.”
  • “Failing to provide an effective conservation programand adequate personal protective equipment.”
  • “Not anchoring machinery.”
  • “Exposing employees to slip and trip hazards.”
  • Failing to “give proper eye protection for people who wore prescription glasses but worked around “flying particles and chemical hazards” while putting together windows.”
  • It “didn’t give proper protection for welders’ arms, and at least one welding area didn’t have a fire extinguisher in the immediate area.”
  • “Some punch presses and saws lacked proper guards or had a guard with an opening that was too large, the type of violations that can cost people digits or hands.”
  • Assura employees were allegedly exposed to 87 to 91.3 decibels although a person can suffer hearing damage if they are exposed to 80 to 85 decibels after two or more hours [Source: Centers for Disease Control and Prevention].

While the company was facing a rather hefty fine as inspectors did uncover dozens of violations, after abatement actions and settlements, the company managed to get the total reduced to $81,344. The source highlighted that the company has not had any violations aside from these in the past 10 years.

Did you suffer an injury in a work-related accident in Miami, FL?

Did your employer fail to provide you with the proper safety equipment or expose you to unsafe working conditions in Miami, FL?

If you answered yes and are wanting to learn more about your legal right, the Miami, FL work injury attorneys at Mario Trespalacios P.A. are available to speak with you. When a worker suffers an injury in a preventable accident, they can turn to their employer’s insurer for financial relief. If your employer carries workers’ compensation insurance, you should be able to file a claim under their insurance policy. This would cover your medical care and even provide you with a portion of the salary you were earning while you are out of work.

However, if you aren’t eligible to receive workers’ compensation benefits or your employer isn’t carrying the coverage, then you may need to discuss with one of our Miami, FL worker injury attorneys what the best course of action would be to take to get you the compensation you deserve.

 

Mario Trespalacios P.A. can be reached at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

Florida Construction Company Fined More Than $303,000 After Putting Workers in Cave-In Danger

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The Department of Labor recently announced that a Florida construction company has been fined a total of $303,611 for nine violations that were found at worksites in Orlando and Winter Garden. The company, Cathcart Construction, was accused of committing two “Willful” violations, one at each site, reported the Miami Herald. According to the Occupational Safety and Health Administration (OSHA), a willful violation is one that is defined as “a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.”

According to the news source, the fine stated that on January 10th, workers in Winter Garden “were exposed to a cave-in/engulfment hazard” while toiling in a six-foot, one-inch deep, six-feet long, excavation next to traffic.” The source went on to highlight that the soil where the employees were working was “previously disturbed Type C soil” and “no protective system (shoring, shielding, or sloping) was provided for employee protection.”  Type C soil is known to be the weakest kind, reports the news source, and is identified as being “cohesive soil with an unconfined compressive strength, submerged soil or soil from which water is freely seeping, submerged rock that is not stable, or material in a sloped, layered system where the layers dip into the excavation.”

Prior to this, inspectors found that “untrained employees were directed to work in a trench [in Orlando] that was seven feet deep, with vertical sides, in Class C soil and without cave-in protection being provided” on October 22nd.  While there are always going to be risks associated with working around and/or in trenches and excavations, employers are required to put measures into place to ensure the safety of their workers is never put in jeopardy.

5 Ways to Stay Safe When Working Around Trenches in Miami

If you are someone who is required to work around trenches or excavations in Miami, here are five things the U.S. Department of Labor says you can do to promote safety:

  1. Be sure there is a safe way to enter and exit.
  2. Trenches must have cave-in protection.
  3. Materials should be kept away from the edge of the trench.
  4. Keep an eye out for standing water or other hazards.
  5. Never enter a trench unless it has been inspected.

If your employer assigned you to work under unsafe conditions or required you to work on a site without first providing you with the necessary protective gear and/or training and you suffered an injury, the Miami, FL work injury attorneys at Mario Trespalacios P.A are here to help you understand your rights. If you are not eligible to obtain benefits through workers’ compensation, our skilled Miami, FL work injury lawyers can help you take the necessary steps to get you the compensation you deserve for your pain and suffering, medical bills, and more.

 

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

Construction Industry Slows as Coronavirus Cases Increase in Miami

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Although Miami-Dade Mayor Carlos Gimenez announced on March 19th that construction sites could remain open and in operation as they are considered to be an “essential business,” many projects are being slowed down as more and more cases of COVID-19 are recorded. On March 26th, the Miami Herald reported that two major projects, a $300 million Royal Caribbean Cruise Line headquarters building and a UM UHealth Care Center have been delayed “due to uncertainty about the COVID-19 virus.”

Century Homebuilders Group was one company to announce that its $100 million 850 Le Jeune Road mixed-use project was disrupted after workers at the site tested positive for coronavirus. In response to the positive results, the company ordered its general contractor to perform a deep cleaning on the large project which the source says will feature 230 apartments, two towers of office space, and 40,000 square feet of retail upon completion. That site is expected to remain closed until cleaning and sanitization is completed.

Despite the Spread of COVID-19 Many Construction Projects are Still Being Completed

Although the COVID-19 virus continues to threaten the lives of all Americans, many construction projects are still being completed. The news source reported that both the I-395 bridge and the expansion of the Jackson Memorial Hospital will continue as planned. However, certain protective measures have been put into place to help keep workers at these construction sites safe. Some of the things Mark Schaunaman, a business manager for the International Union of Operating Engineers Local 487 chapter says is being done at these construction sites include:

  • Group meetings are no longer being held.
  • Workers are trying to maintain six feet of separation.
  • Workers are being more conscientious about their hygiene and sanitation.
  • Iron workers, plumbers, and electricians who are often required to work together are now being given staggered work shifts.
  • Employees are being asked to leave their work boots behind when it is time for them to go home.

Because it is still unclear as to what impact the COVID-19 virus will have on the entire construction industry, we can expect that companies will likely make adjustments to their projects as needed.

Did you suffer an injury or illness at a construction site in Miami, FL?

If you are someone who is still working through the COVID-19 pandemic and you suffered an injury or illness while on the job, the Miami, FL workers’ compensation attorneys at Mario Trespalacios P.A. want to assist you with getting your claim filed and paid. Although not all individuals in the construction industry are successful at obtaining the benefits they need and deserve after a workplace accident, our Miami workers’ comp lawyers want to be sure you do. If you need help understanding your rights as an injured worker or wish to learn more about the benefits you are entitled to receive, contact our workers’ compensation law firm located in Miami at 305-261-5800.

 

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

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