Two Missouri Employers Jailed for Noncompliance with OSHA Citations

January 10, 2011

The U.S. Department of Labor’s Occupational Safety and Health Administration in late December arrested two St. Louis, Mo., employers for failing to comply with court sanctions enforcing OSHA citations.

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, were arrested after repeatedly failing to comply with OSHA final orders.

OSHA said Andre and Shaw failed 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., in an announcement released by the agency.

OSHA issued numerous citations beginning in June 2003, 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.

Topics Commercial Lines Workers' Compensation Business Insurance Numbers Missouri

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