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Newberg contractor penalized for multiple safety violations

By: Hilary Dorsey//December 20, 2024//

An unidentified crew member works on a roof in an unidentified location. (Depositphotos)

Newberg contractor penalized for multiple safety violations

Hilary Dorsey//December 20, 2024//

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Oregon OSHA has fined a Newberg contractor $135,407 for repeatedly violating requirements to protect its employees from work-related hazards. View Top Construction LLC did not ensure workers were protected from falls of 6 feet or more to a lower level by using a protection system, the agency stated in a press release on Wednesday.

View Top Construction has been in business for over 15 years. It is registered to Jose Manuel Zavala Vargas of Newberg. The company provides residential and commercial roofing services to clients in Yamhill County, Washington County, Clackamas County, Marion County and surrounding areas.

Oregon OSHA cited View Top Construction following an inspection of a Hillsboro jobsite where it was performing work on a house鈥檚 roof. Oregon OSHA conducted the inspection under its prevention-based emphasis program addressing fall hazards in all industries.

During the inspection an employee was found installing roofing material while not fully implementing a fall protection system the company had provided, according to Oregon OSHA. The employee was wearing a fall protection harness, but it was not connected to a fall protection anchor, according to the inspection report. View Top Construction鈥檚 rule violation exposed the employee to a fall as high as 17 feet to the ground, the agency stated.

In total, Oregon OSHA cited the company for three violations of the Oregon Safe Employment Act. A failure to ensure fall protection systems were implemented where employees were exposed to a hazard of falling 6 feet or more to a lower level drew a penalty of $84,996 for a third repeat violation; a failure to ensure that the side rails of an extension ladder used by employees extended at least 3 feet above the roofline drew a penalty of $38,883 for a first repeat violation; and a failure to ensure employees used eye protection as they operated pneumatic nail guns drew a penalty of $11,528 for a first repeat violation.

Under the agency鈥檚 penalty structure, fines increase significantly for repeat violations.

Oregon OSHA opened the inspection on Oct. 19 and closed it on Nov. 21. The division issued the citation to View Top Construction on Dec. 3.

During the inspection, View Top Construction corrected the violations identified by Oregon OSHA. The total penalty issued to the company included a standard penalty reduction based on the company鈥檚 size.

The contractor has filed an appeal of the citation. In response to a request for comment, Jose Zavala emailed a statement: 鈥淰iew Top Construction endeavors to provide a safe working environment for all its employees. As OR-OSHA鈥檚 press release indicated, we have appealed the citation. The company denies that there was any violation of the Oregon Safe Employment Act as the agency has alleged in the citation. Because this matter is being litigated, we must respectfully decline to comment further.鈥



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