The Occupational Safety and Health Review Commission on Tuesday issued two citations to a construction company in Ohio following the fatal fall of a man who helped replace a roof, and ruled that the man was not employed by the company at the time of the accident.
In Secretary of State against Warzala Construction, the Commission found that while Scott Stone sometimes worked for Warzala Construction, he did not work on one of the company's projects when he fell 30 feet to his death in Warren, Ohio, 2018 and that he worked for another contractor, according to documents filed in Washington, DC
The company, after Mr. Stone's death and obituary, who appointed Warzala Construction as his employer, faced an inspection by the Swedish Work Environment Authority. OSHA eventually cited Warzala for failing to provide fall protection and for not notifying federal regulators of workplace deaths within eight hours by law.
Warzala questioned and claimed in part that Mr. Stone worked at a job that the company did not supervise at the time and that he was an independent entrepreneur. The Commission of Inquiry agreed and wrote that "Warzala had no further involvement in the project" even though it had originally been recruited for the job, but passed it on to another company and that it did not retain "any oversight of Stone on the day-to-day of the project. "
" Warzala thus retained no "right to control the manner in which … the roofing work was carried out." This discovery weighs heavily in finding Stone was not Warzala's employee, ”the decision states. Catalog