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Fines for safety violations doom business, contractor claims

By: Alex Jensen//January 29, 2021//

Fines for safety violations doom business, contractor claims

Alex Jensen//January 29, 2021//

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recently fined a Sherwood-based contractor $9,035 for multiple job safety violations, including willful exposure of workers to fall hazards.

During a September 2020 site inspection, owner Matthew Bese was found performing roofing work on a house in Tigard alongside several employees with no fall protection and exposure to a fall of at least nine feet.

鈥淚 think it’s extortion,鈥 Bese said. 鈥淚 think the fine is one thing, but sending someone out of business is another.鈥

Bese claimed he was unable to pay the fine and had to close his business. He has 30 years of roofing experience and 15 as a contractor, he said. He is now working as a home inspector, he added.

In his interview with OSHA, Bese stated he does not require his employees to work with fall protection for roofing jobs with a low pitch. However, he said he recognized the importance of the 6-foot trigger-height requirement. He also said it would take longer to finish the job if they used fall protection.

鈥淥n a 4:12 pitch, you shouldn’t have to wear them; you’re well aware of your surroundings,鈥 Bese said. 鈥淚f you can’t walk on a 4:12 pitch, then you shouldn’t be in the roofing business.鈥

Falls are the leading cause of death in the construction industry, according to Oregon OSHA.

鈥淭here is absolutely no good reason to ignore fall protection requirements that have, time and again, been proven to protect workers,鈥 stated Michael Wood, administrator for Oregon OSHA. 鈥淭o make excuses is an abdication of responsibility that only courts disaster.鈥

Oregon OSHA cited Bese for the following violations and proposed penalties:

  • an $8,800 penalty for knowingly not providing fall protection systems to employees where they were exposed to falling 6 feet or more to a lower level;
  • a $135 penalty for not ensuring that the portable ladder used to reach and leave the roof extended at least 3 feet above the landing where work was being done;
  • failure to prepare a written certification showing employees were properly trained to use fall protection systems; and
  • failure to document, make available and maintain for three years a record of each safety meeting addressing hazards related to tools, equipment, work environment and unsafe work practices.

It is ridiculous, Bese said, for one person to receive the bulk of the fine.

鈥淭hey’re acting like I was holding a gun to (workers’) head(s),鈥 he said. 鈥淣o, they willfully climbed the ladder.鈥



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