After multiple investigations by the Occupational Safety and Health Administration (OSHA), the 1st U.S. Circuit Court of Appeals ordered Stephen Lessard, owner of Lessard Roofing & Siding Inc., Lewiston, Maine, and Lessard Brothers Construction Inc., Greene, Maine, to implement a comprehensive safety and training program after receiving repeated citations for exposing workers to falls, according to www.osha.gov. Lessard also was ordered to produce substantial documentation that will demonstrate the extent to which he is able to pay $389,685 in outstanding fines issued by OSHA. Neither company is an NRCA member.
OSHA cited Lessard Roofing & Siding and Lessard Brothers Construction for safety violations at 11 worksites in Maine between 2000 and 2011. Lessard failed to correct the cited violations, implement appropriate safety measures, and pay accumulated fines and interest despite being ordered to do so by the 1st Circuit in December 2011. The court held Lessard in civil contempt for defying the 2011 order.
"The 1st circuit's order requires Lessard to ensure all workers at his worksites, whether his employees, employees of his subcontractors, or actual or putative independent contractors, are operating safely, after a long history of his failing to provide adequate protective measures," says Michael Felsen, regional solicitor of labor in Boston for the Department of Labor (DOL). "When necessary, as in this case, DOL will pursue appropriate measures so that employers do not flout the law or gain an unfair advantage over law-abiding employers."
The court also ordered Lessard to ensure employees and contractors use required safety equipment and fall protection; conduct worksite safety analyses and meetings; employ a "competent person" to ensure work is performed according to OSHA regulations; notify OSHA about each worksite and allow inspectors to enter worksites; and provide financial documentation to enable DOL to determine the owner's ability to pay the fines; submit certification of abatement of the previously cited hazards, and comply with OSHA standards.
If Lessard fails to comply with the order, the court will consider additional sanctions up to and including incarceration.
