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News Details

Scott Nishimura

OSHA cites subcontractor in workers' fall on Cowboys Stadium roof .

  • Tue 27th April 2010
  • Dallas, TX

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The federal Occupational Safety and Health Administration said Monday that it cited a Cowboys Stadium roofing subcontractor for two violations in a December incident in which two maintenance workers slipped on an icy roof and slid until they were caught by a gutter.

OSHA cited Birdair Inc. of Amherst, N.Y., with one alleged willful violation and one alleged serious violation of OSHA standards, saying the workers weren't wearing "required fall protection equipment" and weren't trained in "hazards associated with falls."

"The workers were wearing fall protection gear; however, they were not tied off in accordance with OSHA standards," agency spokeswoman Elizabeth Todd told the Star-Telegram.

OSHA proposed $45,000 in penalties. Birdair has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Fort Worth, or contest the citations and penalties before the Occupational Safety and Health Review Commission.

"Birdair is considered a safe contractor working worldwide on this unique style roof system," Karen Mathews, Birdair's general counsel, said in a prepared statement Monday. "Safety is a core value of the corporation, and the safety of our workers is paramount. Birdair will be contesting the alleged violations assessed by OSHA."

The citations resulted from an investigation by OSHA's Fort Worth office, begun after the two workers slid about 260 feet down the side of the domed roof. One of the workers suffered head and chest trauma and a broken leg. The other hurt his back.

"If OSHA's standards for fall protection had been followed, [it] is possible these employees would not have been seriously injured," Zachary Bennett, OSHA's Fort Worth area director, said in a news release.

OSHA's citation of "willful violation" was related to whether the employees were wearing the correct fall protection equipment.

The agency defines a willful violation as one committed with "intentional disregard of, or plain indifference to, the requirements" of the Occupational Safety and Health Act.

The serious violation was related to Birdair's training, OSHA said.

Serious citations are issued when "death or serious injury could result from a hazard about which the employer knew or should have known."

Birdair has had no other closed or open OSHA cases in Texas or New York within the last five years, the period that data is available on the agency's website.

Birdair bills itself as "the leading specialty contractor for long-span and large custom tensile structures."

The injured men were among employees doing final work on the stadium's fabric roof panels.