OSHA

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Apex Roofing and Restoration LLC, and WW Restoration LLC for exposing employees to fall hazards after a 15-year-old boy suffered fatal injuries from a fall at a worksite in Cullman on July 1, 2019. The companies face $159,118 in penalties.

The 15-year-old fell through an unsecured area of the roof at Cullman Casting before 11 a.m., falling 35-40. He was pronounced dead at the scene by Cullman County Coroner Jeremy Kilpatrick. The teenager had a Vestavia Hills address.

OSHA cited the companies for exposing employees to fall hazards while performing roofing activities without adequate fall protection, and for failing to provide proper training. Although Apex Roofing and Restoration LLC and WW Restoration LLC are listed as separate entities, OSHA cited the companies as a single employer because both share supervision on a common worksite, and have interrelated operations and integrated working relationships.

In a July interview with The Times, Alabama Department of Labor Communications Director Tara Hutchison said Apex Roofing, WW Restoration and Cullman Casting did not have documentation of past labor law violations.

“Employers have a legal duty to ensure that their employees are protected at all times,” said OSHA Area Director Ramona Morris in Birmingham. “This responsibility includes providing appropriate training and conducting assessments to make sure workers understand hazards, and supplying fall protection to minimize the risk of serious or fatal injuries.”

OSHA’s Protecting Roofing Workers booklet explains fall protection strategies employers can use to protect workers performing roofing operations. The agency’s Fall Protection web page offers additional compliance assistance resources.

The department’s Wage and Hour Division is also investigating the employers for child labor provision violations under the Fair Labor Standards Act. Under Alabama law, certain jobs are off-limits to workers 18 and under, including roofing.

The companies have 15 business days from receipt of the citations and proposed 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.

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