OSHA Decision: Employer Guilty of Ignoring Safety Standards Leading to Worker’s Death

The Occupational Safety and Health Administration (OSHA) of the US Department of Labor has recently handed down the decision that the Skyline Contracting and Roofing Corp. ignored industry and OSHA standards that led to the death of Kevin Miranda, one of its employees.

Miranda's death could have been prevented if only Skyline, his employer, had observed industry and federal safety standards, stated the U.S. Labor Department's OSHA.

On Aug. 18, 2015, Miranda was operating an aerial lift near Taunton's Morton Hospital. The boom of the aerial lift tipped over when the lift extended about 45 feet high. As the boom tipped over, the operator's basket where Miranda was in, hit the ground. The force of impact ejected Miranda throwing him up 16 feet in the air. Miranda eventually died due to the serious physical injuries he sustained.

The OSHA, being an agency of the US Department of Labor has been active in pursuing cases where workers were endangered by careless employers. It was established by Congress under the Occupational Safety and Health Act which was signed by President Richard Nixon.

This agency has fined the Texas DuPont plant for over $270,000 in November, 2014, for the death of four persons due to chemical exposure. The four workers were fatally asphyxiated when a chemical supply line suddenly expelled over 20,000 pounds of methyl mercaptan, a toxic chemical.

"The very serious hazards we uncovered at this (DuPont) facility are evidence of a failed safety program," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

In Miranda's case, the OSHA found that the lift was not in a level position, which does not comply with industry and safety standards.

"This incident and the needless death that resulted were preventable. Kevin Miranda's employer was well aware of the necessary safety requirements, yet disregarded them," said Kenneth Shedden, the area director of OSHA for Boston and southeastern Massachusetts.

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