Alabama Roofing Contractor Sentenced for Making False Statements to OSHA

Fatal Rock-Striking Accident

ALABAMA – Marcus Borden, a steel and roofing contractor, based in Russellville, Alabama who pleaded guilty to one count of making false statements on May 13, 2015 has been sentenced to three years of supervised probation and must complete 30 hours of community service.

Borden was supervising a crew of five men working on a roofing project when a severe thunderstorm occurred. Three of the five men were seriously injured. One worker was thrown against the edge of a new metal roof and suffered a left arm amputation; a second worker was thrown across the roof and suffered an injured shoulder. A third worker became wrapped in a sheet of metal, managed to escape, but was carried by the momentum over the roof’s edge and fell 30 feet to the ground. The worker broke his wrists, ribs, tailbone and pelvis. None of the workers had been provided with fall protection equipment, none of them was tied-off to the roof at the time of the accident or had a means to exit the roof quickly.

Borden told an OSHA inspector that he had been present on the job site on the day of the accident and that he had obtained personal fall arrest equipment to protect workers from falls on March 13, 2013, when actually he retained the equipment on March 18, 2013, after the incident occurred. Borden also claimed that employees had been tied off when he knew, in fact, they were not.

Additionally, four serious violations were cited for exposing workers to severe weather conditions and not securing metal decking during inclement weather conditions. One other violation was cited for failing to notify OSHA about the workers being admitted to the hospital due to a work-related incident.

Borden contested OSHA’s citations but later settled the case, agreeing to all violations as cited and a penalty of $55,000.