An administrative law judge with the Occupational Safety and Health Review Commission has affirmed U.S. Department of Labor Occupational Safety and Health Administration citations and $24,290 in penalties against a Brookfield, Vt., telecommunications contractor due to an employee’s death.
Review Commission Judge Dennis Phillips gave the decision in the case of Eustis Cable Enterprises Ltd., a news release said. Phillips’ decision became the review commission’s final order Dec. 16, following an April 2022 trial and Phillips’ issuance of the decision Oct. 31.
“OSHA’s Buffalo area office investigated and cited Eustis Cable Enterprises Ltd. June 10, 2020, for serious violations for failing to provide the employees with required safeguards, including effective training and personal protective equipment,” the release said. “The employer contested the citations and penalties to the review commission on July 1, 2020.”
The case involved an employee who died at an Andover, N.Y., worksite Jan. 13, 2020, after he was asphyxiated while hanging suspended from his climbing belt that cinched him at the neck when he lost his grip on a wire.
Richard Mendelson, OSHA regional administrator in New York, emphasized the importance of following safety standards, according to the release.
“It is vital that employers properly train employees and provide them with effective personal protective equipment so they can perform their work safely and return home at the end of each workday,” Mendelson said in the release. “Failure to do so can have life-threatening consequences for workers.”
Jeffrey Rogoff, regional solicitor of labor in New York, said the review commission’s decision underscores’ the U.S. Department of Labor’s commitment to workplace safety, the release reported.
“This decision should serve as a reminder for employers that the U.S. Department of Labor will pursue appropriate legal actions to enforce safety and health protections for employees,” Rogoff said in the release.
