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St. Louis Employers Ordered Incarcerated For Failure To Comply

29 Dec, 2010 WorkersCompensation.com

                               St. Louis, MO (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration today announced the arrest of Brian Andre, former owner of Andre Tuckpointing and Brickwork, and Regina Shaw, owner of Andre Stone & Mason Work Inc., the successor company to Andre Tuckpointing and Brickwork. The Eighth Circuit Court of Appeals in St. Louis ordered their arrest and incarceration for repeatedly failing to comply with court sanctions enforcing OSHA citations that had become final orders of the Occupational Safety and Health Review Commission. The two were taken into custody today by authorities.

The order for incarceration stems from Mr. Andre and Ms. Shaw's failure to comply with sanctions ordered by the Eighth Circuit Court of Appeals, following the court's initial ruling of contempt against Andre and Shaw in January 2010.

"Employers who expose workers to hazards and blatantly ignore OSHA citations will not be allowed to escape their responsibility of keeping workers safe – or sanctions levied against them for failing to do so," said Charles E. Adkins, OSHA's regional administrator in Kansas City, Mo.

OSHA issued numerous citations from June 2003 to the present, to both the original company and its successor, for willful, repeat and serious violations related to fall hazards, scaffolding erection deficiencies, power tool guarding and other hazards in connection with multiple St. Louis-area projects. When the companies failed to comply with the court's 11(b) order enforcing the Occupational Safety and Health Review Commission's final orders, the Labor Department's Office of the Solicitor filed petitions for contempt.

As a result, a special master of the Eighth Circuit Court of Appeals found Brian Andre, Andre Stone & Mason Work Inc. and Regina Shaw in contempt, and ordered various sanctions including requiring them to pay outstanding penalties, continually accruing interest and other miscellaneous fees in the current amount of $258,582. Andre Stone & Mason Work Inc. and Regina Shaw must pay a $100 daily penalty, calculated from the time of default in early 2008 on the Occupational Safety and Health Review Commission's final orders. Andre Stone & Mason Work Inc. must provide OSHA weekly notification of all current jobs and known future jobs at least 72 hours prior to commencement of work for a period of three years. The company also must provide training to all persons currently and subsequently designated as jobsite "competent persons" prior to beginning any work and provide the department with records of such training.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

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