Stormy Conditions Lead to Preventable Rooftop Injury

Case Overview

This case involves an individual who suffered severe injuries after falling from a roof while attempting to fix a leak during a storm. The plaintiff was allegedly directed by their employer to perform this task under hazardous weather conditions, which raises significant concerns regarding workplace safety protocols. Notably, the employer failed to provide necessary fall protection measures, which are critical for ensuring employee safety during such high-risk activities. The lack of appropriate personal protective equipment (PPE) potentially contributed to the plaintiff's injuries, raising questions about adherence to established safety standards.

Questions to the Occupational Health and Safety expert and their responses

Please describe your experience in workplace safety, particularly as it relates to construction and/or roofing safety.

I have over 20 years of experience in safety, specializing in workplace injuries and fatalities within the construction industry. During my career, I have become very familiar with roofing standards in regard to construction and workplace safety. I ran a roofing crew for a construction company early in my career and as an adjunct faculty member, I teach courses that involve roofing safety standards. In my opinion, clearly, this case should never happen and this injury was 100% preventable and equally forecastable. Safety is about foreseeability. Without question, going on a roof in a storm is asking for injury in the face assured danger. Secondly, it is never appropriate for an employee to be on the roof without fall protection or another of the approved method to prevent a fall. This is a case that deals with the lack of or bypassed safety. I would also imagine the lack of PPE means that there was no adherence to 1910.132, in which hazard assessment was required. This is an interesting case in which OSHA and ANSI standards validate the duties of all. I would be happy to assist on this matter.

What OSHA standards are in place to prevent incidents like this from occurring?

In my opinion, clearly, this case should never happen and this injury was 100% preventable and equally forecastable. Safety is about foreseeability. Without question, going on a roof in a storm is asking for injury in the face assured danger. Secondly, it is never appropriate for an employee to be on the roof without fall protection or another of the approved method to prevent a fall. This is a case that deals with the lack of or bypassed safety. I would also imagine the lack of PPE means that there was no adherence to 1910.132, in which hazard assessment was required.

About the expert

This expert has over 20 years of experience in environmental health, occupational health, and safety, specializing in workplace injuries and fatalities in the construction, oil, gas, and retail industries. He earned his BA in healthcare administration from American Intercontinental University, followed by both his MS in occupational safety and health and his MBA from Columbia Southern University. Today, this expert is a licensed paramedic in the state of Texas and is a certified EMS instructor, safety health and environmental professional, and OSHA outreach instructor. He previously served as a medical and safety officer in the emergency department of Kingwood Plaza Hospital and as a managing partner of BOSS Safety and Medical. He was also the general manager and chief flight medical officer of Asher Field Services and both the regional director and director of safety and compliance for TanMar Companies LLC. Currently, he serves as adjunct faculty of occupational safety and health at a major university, as the director of environmental health and safety at a well-servicing company, and as the owner of an EMS education service, all located in Texas.

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Specialties:

Occupational Health and Safety

Celia Guo is the Vice President of Multidisciplinary Research at Expert Institute. With a background rooted in public policy and criminal justice, Celia brings a wealth of experience in data-driven legal analysis. Prior to joining The Expert Institute, she conducted research for the Orange County District Attorney’s Office, focusing on drug diversion cases, and collaborated with the American Civil Liberties Union to analyze officer-involved shootings in Fresno, California. Her policy advocacy work also includes lobbying with the Drug Policy Alliance for the RISE Act, aimed at reforming sentencing enhancements for minor drug offenses.

Celia holds a B.A. in Political Science from Loyola Marymount University and an M.P.P. from the University of Southern California. She combines her policy expertise with a passion for justice to lead a dynamic research team that supports litigation strategy across a wide range of practice areas.