The Working Environment Review Commission issued a citation issued in the case of a carpenter's death from a fall after finding that his employer had no reason to believe that he would not wear fall protection.
In its decision Secretary of Labor v. Harvestland Constructors, Inc. ., Released on Tuesday, the Commission considered that the Occupational Safety and Health Administration inspector had failed to establish that Harvestland Contractors Inc. had actual or constructive knowledge of condition at his workplace that led to the carpenter's
On October 9, 2019, the 66-year-old carpenter and others who worked for Harvestland built a feed mill in Crawfordville, Georgia. The carpenter, who has been in Harvestland for five years, covered openings in an upper floor with plywood when he fell through an opening to the concrete floor below and died of his injuries.
The day after the accident, an OSHA inspector cited the company for a serious violation for failing to protect the carpenter from falls. Harvestland questioned the quote.
Harvestland presented evidence that it had records of disciplining workers for violating safety rules, used an external consultant to perform monthly safety checks, and held weekly safety meetings ̵
On the day of the incident, personal fall protection had been installed on the second floor where the carpenter went to work after his afternoon break, and other workers testified that the carpenter always had a seat belt and fastened cord when working around fall hazards.
The OSHRC stated in its decision that OSHA could not establish that Harvestland knew or should have shown that the carpenter was not protected from falling that afternoon and that the company had no reason to believe that it needed to provide additional supervision by an experienced employee who performs a routine task.