During the early morning hours of November 12, 2022, a Precision Refractory Services, LLC, (PRS) employee was seriously injured when a scaffold component rolled off the upper level of the scaffold under which he had been working and struck his arm. The blow fractured his wrist. PRS reported the injury to the Occupational Safety and Health Administration (OSHA) and the Mobile, Alabama, Area Office dispatched a Compliance Safety and Health Officer (CSHO) to the worksite to investigate the accident.

As a result of that investigation, the Secretary of Labor issued PRS a citation alleging two serious violations of regulations promulgated under § 5(a)(2) of the Occupational Safety and Health Act of 1970; 29 U.S.C. §§ 651- 678 (2014) (the Act). The Secretary alleged PRS violated 29 C.F.R. §§ 1926.451(f)(7) (Item 1a) and 1926.451(h)(2)(i)1 (Item 1b), both of which address scaffold safety. The Secretary alleged PRS exposed its employee to a struck-by hazard by failing to ensure alterations to the scaffold were made by a competent person and by allowing employees to enter a hazardous area below the scaffold. The Secretary proposes a total penalty of $8702 for the violations. PRS timely contested the citation bringing this matter before the Occupational Safety and Health Review Commission pursuant to § 10(c) of the Act.

The undersigned held a hearing on January 6, 2025, in Mobile, Alabama. The parties filed post-hearing briefs on March 7, 2025.2

For the reasons discussed below, Item 1a alleging a violation of § 1926.451(f)(7) is vacated, and Item 1b alleging a violation of § 1926.451(h)(2)(i) is affirmed with a penalty of $7000.