Court: Missouri Employer in Contempt for Ignoring Safety Citations

The U.S. Court of Appeals for the Eighth Circuit has issued contempt orders against a St. Louis, Mo.-area company and individuals for failing to comply with court orders enforcing citations of the federal Occupational Safety and Health Review Commission (OSHRC).

The contempt of court orders were issued against Brian Andre, former owner of Andre Tuckpointing and Brickwork (AT&B), Andre Stone and Mason Work Inc. (AS&MW) and Regina Shaw, owner of AS&MW.

“Companies that expose employees to hazards, and then blatantly ignore citations requiring correction of those hazards, will not be overlooked,” said Charles E. Adkins, OSHA regional administrator in Kansas City, Mo. “Employers must fulfill their responsibility to keep employees safe, as well as satisfy any sanctions levied for failing to do so.”

The cases stem from numerous citations OSHA issued to AT&B and its successor, AS&MW, for willful, repeat and serious violations related to fall hazards, scaffolding erection deficiencies, power tool guarding and other hazards in connection with multiple projects in the St. Louis area.

When the companies failed to comply with the court’s order enforcing OSHRC’s final order, the secretary of labor filed petitions for contempt.

As a result, a special master of the Court of Appeals concluded that Brian Andre, AS&MW and Regina Shaw were in contempt of the order, and recommended various sanctions.

The Eighth Circuit substantially accepted the master’s recommendations, found all three parties in contempt, and imposed sanctions, including:

• Brian Andre, AS&MW and Regina Shaw must pay outstanding monetary penalties, which continue to accrue interest, and other miscellaneous fees, in the current amount of $258,582.08;
• AS&MW and Regina Shaw must pay a $100 daily penalty, calculated from the time of default, in early 2008, on the OSHRC final order;
• AS&MW must provide OSHA weekly notification of all current jobs, and known future jobs, at least 72 hours prior to commencement of work for a period of three years;
• AS&MW must provide “competent person” training to all people currently and subsequently designated as jobsite “competent persons,” prior to beginning any work, and provide the secretary records of such training.

Source: OSHA, http://www.osha.gov.