A federal court has issued an order holding Christopher Arps, operating as Capital City Roofing and Construction, Lincoln, Neb., in contempt of court and imposing a daily $100 fine if he fails to comply with a subpoena providing the Occupational Safety and Health Administration with documents necessary for an investigation of an employee’s fall off a residential roof in February 2023, according to OSHA. The company is not an NRCA member.
OSHA opened an inspection at the Lincoln job site after learning about the incident and determined Arps’ employee was working without fall protection when he suffered cardiac arrest, fell and sustained serious injuries. Arps denied the incident occurred and refused to provide inspectors with requested information.
Arps continued to defy OSHA’s requests and was issued an administrative subpoena in February 2023, commanding him to provide documents related to his business, employees, worksite and safety practices. Arps failed to respond to the subpoena, and the Office of the Solicitor in Kansas City, Mo., filed a petition to enforce the subpoena. After a federal judge ordered Arps to appear at a show-cause hearing and he did not comply, the court entered an order in May 2023 that required him to produce documents to OSHA. When he did not, the Office of the Solicitor filed a motion to hold him in contempt for failing to comply with the court’s orders.
