MEDIA RELEASE

NASHVILLE - The Tennessee Occupational Safety and Health Administration (TOSHA) has completed its investigation of a workplace accident that resulted in a fatality on July 30, 2004, at a construction site at 1803 Broadway in Nashville. The report cites Safway Services Inc., located in Nashville, with fines totaling $166,500.

TOSHA issued three willful citations to the company, with proposed penalties of $144,000. The following are the three areas cited:

• Failing to secure a scaffold to prevent it from tipping
• Not requiring the use of fall protective systems during scaffold dismantling
• Not providing training to employees engaged in dismantling scaffolding.

Willful citations are issued when an employer has shown an intentional disregard of, or plain indifference to, the requirements of the Tennessee Occupational Safety and Health Act and regulations.

Safway Services Inc. also received four serious citations, with proposed penalties of $21,600. The following are the four areas cited:

• Scaffolds being erected on inadequate footings
• End frames not creating a usable ladder which provided a good foot space for climbing
• Scaffolds not being dismantled under the supervision of a competent person
• Scaffolds having missing cross braces which are required to help ensure that scaffolds are plumb, level and square.

Serious citations are issued when there is substantial probability that death or serious physical harm could result and the employer knew or should have known of the hazard.

One non-serious citation was also issued for failure to provide requested recordkeeping documents in the required time, with a resulting proposed penalty of $900.

The employer has 20 calendar days from receipt of its citations and penalties to request and participate in an informal conference with TOSHA and/or to contest them before the independent Tennessee Occupational Safety and Health Review Commission.

Copies of the citations are available upon request.

(04-133)
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ANDREW JOHNSON TOWER, 8TH FLOOR
710 JAMES ROBERTSON PARKWAY
NASHVILLE, TN 37243
615.741.2257