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Failure to Provide Fall Protection Resulted in Construction Worker’s Death

Following the death of construction worker Kyle Brown, 23, the U.S. DOL’s Occupational Safety and Health Administration found that his employer, Watertown-based general construction contractor MTL Design, Inc., failed to provide adequate fall protection safeguards that would have prevented his death. OSHA has cited the company for a willful and a serious violation.

The fatality occurred on November 13, 2013 when Brown was part of a crew installing metal docking atop a roof of an automobile dealership under construction in Pulaski. As Brown was attempting to secure sheets of decking, he was blown off the roof by a gust of wind and fell 24 feet to his death.

OSHA found that the workers were not provided with a means to connect to an independent anchorage point to stop a fall. The company failed to train employees to recognize fall hazards, ensure adequate anchorage for lifelines and secure the decking against displacement by the wind.

OSHA issued MTL Design one willful citation for lack of fall protection. A willful violation is committed with intentional or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health. OSHA also issued three serious citations for the remaining hazards. A serious violation is cited when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

MTL Design faces $88,900 in proposed fines.

If you or a loved one has been injured on the job, contact us for a free case appraisal today.

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Andrew Finkelstein

Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties. An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.