The Occupational Safety and Health Review Commission filed two complaints against a Florida demolition contractor that were issued after a worker died in September 2020 who was crushed by a concrete wall.
In a March decision released Tuesday, the commission ruled that the Occupational Safety and Health Administration could not prove that Wildcat Renovation LLC was not in compliance with workplace safety regulations at the time of the fatal wall collapse.
The worker was crushed by a concrete wall he was demolishing at Sun ‘n Fun Waterpark in Naples, Florida.
OSHA issued citations to Wildcat for failing to conduct an engineering survey to determine the condition of the concrete wall and the possibility of unplanned collapse and for failing to conduct follow-up inspections of the site.
OSHA proposed $13,653 in fines.
In handing down the applications and the fines, the commission ruled that the company took appropriate steps to conduct an engineering investigation during the demolition work to ensure the workplace remains safe.
OSHA also alleged that the company failed to continuously inspect the site during the course of the work, alleging that Wildcat violated workplace safety standards by having the site foreman positioned 40 to 50 yards from the worker before the wall collapsed, and therefore unable to continuously monitor the situation.
The commission said the fact that the supervisor had observed the worker for a few months prior to the incident and found him to be proficient in concrete cutting was sufficient to prove that the employer acted with reasonable care in attempting to provide a safe workplace.