Oregon Occupational Safety and Health : Oregon OSHA cites Canby

Salem, OR – Oregon OSHA has cited Canby contractor JMJ Construction LLC $105,800 for violating job safety rules, including repeatedly failing to protect workers from fall hazards that could seriously injure or kill them.

The citation against the company resulted from an inspection conducted under Oregon OSHA’s emphasis program on fall hazards in construction. The prevention-based program includes direction to inspectors to act based on observations while in the field.

The inspection of JMJ Construction focused on a Hillsboro jobsite where roofing work was being done on a commercial building. Oregon OSHA’s inspection identified three violations, one of which involved the company allowing three employees to work at heights without any type of fall protection system. The three employees were exposed to falling 18 feet to a lower level, according to the inspection. JMJ Construction was working as a subcontractor at the jobsite.

It was the fourth time since February 2020 that the company violated a rule that requires employers to implement fall protection systems at jobsites when employees are exposed to a hazard of falling 6 feet or more to a lower level. Because of the repeat offenses, the penalty for the violation multiplied, with Oregon OSHA imposing a penalty of $97,500 for violating the rule.

Falls are one of the leading causes of death in the construction industry.

“There is simply no good reason to assign employees to work at heights without adequate protective systems,” said Renee Stapleton, administrator for Oregon OSHA. “Employees have a right to work safely. Employers who repeatedly fail to make that right a reality are only increasing the risk of serious injuries and lost lives.”

Altogether, Oregon OSHA’s citation against JMJ Construction consisted of the following violations:

The company did not ensure three employees, positioned on a walking and working surface, were protected – regardless of height – from tripping or stepping through unprotected skylights. Penalty: $8,100.
The company failed to implement fall protection systems for three employees who were exposed to hazards of falling 6 feet or more to a lower level. It was fourth repeat violation. Penalty: $97,500.
The company did not prepare a written certification verifying fall protection training for employees. It was a repeat violation. Penalty: $200.

The total penalty issued against JMJ Construction included a standard penalty reduction based on the small size of the company. Under Oregon OSHA’s rules, penalties multiply when employers commit repeat offenses.

Employers have 30 calendar days after receiving a citation to file an appeal. JMJ Construction has filed an appeal.

In addition to its enforcement activities, Oregon OSHA offers employers free resources to help improve workplace safety and health. These resources include the division’s Fall Protection Suite of online video training and its A-to-Z topic page about fall protection.

The Fall Protection Suite includes courses addressing fall protection fundamentals, construction, roofing, and ladder safety.

Employers are encouraged to use free resources – available now from Oregon OSHA and involving no fault, no citations, and no penalties – for help protecting their employees:

Consultation services – Provides free and confidential help with safety and health programs, including how to control and eliminate hazards, and hands-on training

Technical staff – Helps employers understand requirements and how to apply them to their worksites