According to an April 7 news release from the Department of Labor, OSHA initiated an inspection of Avila’s business, 3 Guys Home Improvement Inc., in September 2024, after receiving an imminent danger complaint alleging worker exposure to fall hazards.

The agency cited the company for two willful violations for lack of fall protection and failure to ensure the use of personal protection equipment and 10 serious violations for improper labeling on flammable containers, working near energized power circuits and improper use of ladders.

Due to the operator’s history of violations, the company has been added to OSHA’s Severe Violators Enforcement Program. As a result, OSHA is proposing $467,000 in fines.

On April 7, OSHA also announced that it cited roofing contractor Bacilio Rios Almanza for failing to protect employees atop a residential roof from fatal fall hazards in Appleton, Wis. in September 2024.

OSHA cited Almanza for two willful violations and one serious violation for failing to provide fall protection equipment, not training workers on fall protection, and not ensuring workers wore hard hats.OSHA proposed $262,174 in penalties. 

The agency has inspected Almanza work sites 10 times and cited the contractor for similar violations.

Both companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Fall Safety

Roofing is the third most fatal civilian occupation in the United States, experiencing 134 workplace fatalities in 2023 — up 8% from 2022, according to the Bureau of Labor Statistics. About 110 of those fatalities were due to a fall, slip or trip.

As noted by Tico Jimenez, president of Haven Fall Protection in Pennsylvania, there is no simple answer to why falls are such a prevalent problem in roofing, but there are steps to take to keep workers safe.

“I think it’s partly inexperience, partly lack of proper equipment, and partly the nature of the job,’’ said Jimenez. “It’s a combination of everything. Some people are risk-takers. You have to have some fear in what could potentially happen, but not too much. It’s all part of the business.”

Employers must provide a fall arrest system if workers are exposed to a fall of 6 feet or more to a lower level for construction and 4 feet or more for general industry, such as warehouse or industrial workers. Jimenez said fall protection begins with following procedures and installing the correct safety measures, and that shortcuts only cause problems in the long run.

“A lot of times it’s because people are trying to cut corners. You’re trying to make that fast buck for the day, and it ends up not working out that way," Jimenez said. "It’s like when you see somebody driving down the highway in a hurry and they end up in an accident. You actually didn’t get to where you wanted to go.”