Roofing Company Owner Charged In Employee’s Fatal Fall

June 15th, 2015

Below is a news release from the Department of Justice.  It is vital that owners provide their employees with training and safety equipment.  Contact SWMSC today for a free safety evaluation.

PHILADELPHIA – James J. McCullagh, 60, of Meadowbrook, PA, was charged by indictment, unsealed today, in connection with the fatal fall of an employee, announced United States Attorney Zane David Memeger.  McCullagh, who owns James J. McCullagh Roofing, is charged with with four counts of making false statements, one count of obstruction of justice, and one count of willfully violating an Occupational Safety and Health Administration (OSHA) regulation causing death to an employee.

According to the indictment, McCullagh failed to provide fall protection equipment to his employees. On June 21, 2013, one of McCullagh’s employees was killed after falling approximately 45 feet from a roof bracket scaffold while performing roofing work for McCullagh.  In connection with the OSHA investigation of the fatality, McCullagh attempted to cover up his failure to provide fall protection by falsely stating, on four occasions, that he had provided fall protection equipment, including safety harnesses, to his employees.  McCullagh told an OSHA Compliance Safety and Health Officer that his employees had been wearing safety harnesses tied off to an anchor point when he saw them earlier in the day prior to the fall. The indictment alleges that McCullagh knew that he had not provided fall protection to his employees and none of his employees had safety harnesses or any other form of fall protection. It is further alleged that McCullagh directed other employees to falsely state that they had fall protection, including safety harnesses, on the day of the fall.

If convicted, the defendant faces a maximum sentence of 25 years in prison, three years of supervised release, $1.5 million in fines, and a $510 special assessment.

The case was investigated by the United States Department of Labor, Office of Inspector General Labor Racketeering and Fraud Investigations and the Occupational Safety and Health Administration and is being prosecuted by Assistant United States Attorney Mary Kay Costello.

An Indictment is an accusation.  A defendant is presumed innocent unless and until proven guilty.

OSHA announces intent to extend compliance date for crane operator certification requirements

May 23rd, 2013

WASHINGTON – The Occupational Safety and Health Administration has announced that it will propose to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017. The proposal would also extend to the same date the existing phase-in requirement that employers ensure that their operators are qualified to operate the equipment. Read the rest of this entry »

Controversy Continues Over Safety Incentive Programs

March 27th, 2013

In a memorandum for staff, OSHA has detailed its policies regarding employer practices that can discourage employee reports of injuries, which violates the OSH Act.

The memo was written by Deputy Assistant Secretary of Labor Richard E. Fairfax, who stated, “If employees do not feel free to report injuries or illnesses, the employer’s entire workforce is put at risk. Employers do not learn of and correct dangerous conditions that have resulted in injuries, and injured employees may not receive the proper medical attention, or the workers’ compensation benefits to which they are entitled.” Read the rest of this entry »

$91,000 Citation After Forklift Accident

February 28th, 2013

This Press Release is from February 21, 2013.  It discusses the failure to properly train forklift operators.

US Department of Labor’s OSHA fines Global Experience Specialists $91,000
after forklift injured worker at Chicago’s McCormick Place

CHICAGO – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Global Experience Specialists with four, including one willful, alleged safety violations after a worker was injured in a forklift incident at Chicago’s McCormick Place Convention Center in September 2012. The Las Vegas-based trade show and exposition contractor faces proposed fines of $91,000.

An employee from another company working in the convention center severely injured his foot when he was struck by a Global Experience Specialist worker operating a powered industrial truck. After the incident, Global Experience Specialists failed to train or check the certification of the forklift operator. Read the rest of this entry »

Temporary Traffic Control Training – Design and Supervision

February 13th, 2013

SWMC is proud to now offer Temporary Traffic Control Training.  Our program is the National Safety Compliance program that meets the Federal Highway Administration and OSHA requirements.  It is also accepted by the state of Missouri.  To determine if your state accepts this certification feel free to contact your state or SWMSC for additional information.

Temporary Traffic Control in Highway Work Zones – Design and Supervision is a new two-day program that prepares work zone supervisors to interpret, adapt, and implement Traffic Control Plans. It focuses on specific job responsibilities and covers information in parts I, V, and VI of the Federal Highway Administration’s Manual of Uniform Traffic Control Devices (MUTCD).

You can trust the content. Temporary Traffic Control is based on the most current federal regulations, and reviewed by the leading industry experts. Read the rest of this entry »

EPA Renovators Certification

December 19th, 2012

Time: 1 Day 8am – 4:00PM (Initial Class) 8am – 12:00pm (Refresher Class)
Location: SWMSC Training Center, 1607 N State Hwy CC, Nixa, Mo (Map)

This class is for certification under section 402 of the TSCA

Our Credentials

Re-accreditation certificates 2014 – Initial

Re-accreditation certificates 2014 Refresher

For a copy of EPA Regulations, click here

Class Description Read the rest of this entry »

Obama vs. Romney: What would happen to OSHA? Obama vs. Romney: What would happen to OSHA?

September 25th, 2012

Did you know that OSHA is mentioned in both the Democratic and Republican national platforms? There’s a lot of disagreement about how to handle the agency, but there’s one thing both parties appear to agree on, too.

You’ll find the first clue on the differences between the two parties on the role OSHA would take by noticing which section of each platform mentions the federal safety agency. Read the rest of this entry »

Census of Fatal Occupational Injuries Summary, 2011

September 24th, 2012



 A preliminary total of 4,609 fatal work injuries were recorded in the United States in 2011, down from a final count of 4,690 fatal work injuries in 2010, according to results from the Census of Fatal Occupational Injuries (CFOI) program conducted by the U.S. Bureau of Labor Statistics. The rate of fatal work injury for U.S. workers in 2011 was 3.5 per 100,000 full-time equivalent (FTE) workers, as compared to a final rate of 3.6 per 100,000 for 2010. Read the rest of this entry »

OSHA GHS Final Rule Effective Next Week

May 31st, 2012

The Globally Harmonized System (GHS) finally makes its debut. But don’t worry, there’s plenty of time yet to comply.

OSHA has announced that the final rule for GHS, or Globally Harmonized System of Classification and Labeling of Chemicals, will become law effective May 25, 2012. The effective date of the final rule is 60 days after March 26, the date of the rule’s publication in the Federal Register.

The new GHS rule will be added to OSHA’s existing hazard communication standard, or worker right-to-know law. OSHA says the GHS rule will help prevent 43 worker fatalities and 585 occupational injuries and illnesses from chemical exposures every year.

According to OSHA, the GHS rule will affect over 5 million workplaces and 40 million workers.

There are two primary groups of employers that will be affected by the GHS rule: Read the rest of this entry »

Heat Illness: Nothing to Fool Around With!

May 31st, 2012

Not everyone reacts to heat to the same degree and not every work situation poses the risk of heat illness. Factors that increase an employee’s risk of heat illness in addition to ambient temperature include:

  • Amount of exertion required to do the job
  • Not being acclimated to working in the heat
  • Age (older people have less body water and lower sweat gland efficiency) Read the rest of this entry »

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