Volume 50, Issue 10 - October 2015


Contractor Sentenced for False Statements Regarding Injured Workers

An Alabama-based steel and roofing contractor was sentenced to three years of supervised probation and 30 hours of community service after pleading guilty to lying to the Occupational Safety and Health Administration (OSHA). Marcus Borden was convicted of making false statements regarding an accident on one of his jobsites. He had agreed to a $55,000 penalty last year for safety violations regarding the incident.

During an OSHA investigation, Borden said he was present on the jobsite and had obtained personal fall-arrest equipment to protect workers from falls on March 13, 2013, when he actually retained the equipment on March 18, 2013, after the incident occurred. “Borden also claimed that employees had been tied off when he knew, in fact, they were not,” the charges read.

According to OSHA, “[o]ne worker was thrown against the edge of a new metal roof and suffered a left arm amputation; a second worker was thrown across the roof and suffered an injured shoulder. A third worker became wrapped in a sheet of metal, managed to escape, but was carried by the momentum over the roof’s edge and fell 30 feet to the ground. The worker broke his wrists, ribs, tail bone and pelvis.”

OSHA cited Borden for six safety violations following the incident, including a willful citation for failing to provide workers with fall protection while working within six feet of an open edge that was 30 feet above the ground.

Additionally, four serious violations were cited for exposing workers to severe weather conditions and not securing metal decking during inclement weather. One other violation was cited for failing to notify OSHA about the workers being admitted to the hospital due to a work-related incident.

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