The US Department of Labor took an uncommon approach with a Waukegan, Illinois roofing contractor when it moved to seize the employer’s personal assets to pay a $365K fine from the Occupational Safety and Health Administration (OSHA) related to safety of its workers. The company, ECS Roofing, and its owner, Josh Herion, have repeatedly endangered employees by exposing them to falls from elevations by not providing safety equipment. Could any business face a forfeiture for OSHA violations? The short answer – yes, but it seems to be a last resort when a business ignores their responsibility for keeping employees safe. Here’s the longer story.
OSHA citations issued
In October 2022, OSHA issued citations to ECS Roofing for exposing employees to deadly fall hazards at job sites in both Illinois and Wisconsin. The company was fined over $360,000 for putting his workers’ lives at risk. Prior to that, Herion’s companies had been cited nine other times related to fall protection. According to the Bureau of Labor Statistics, falls are the number one cause of death or serious injuries in the construction industry.
Although Herion contested OSHA’s penalties through the appeals process, which is his right, the courts upheld the fine. OSHA filed a debt collection in August 2023 against the company. Herion continued to refuse to pay the debt. The court issued a default judgment in January 2024. The Department of Labor filed liens on Herion’s property a couple of months later and filed a motion for asset discovery, to get information on other collectible assets. Herion finally responded and made the payments.
Take care of your employees
The Department of Labor calls the motion to seize the employer’s assets “unprecedented,” because it so rarely occurs. Most businesses do ultimately comply with OSHA citations, even if they disagree and go through the appeals process.
OSHA Region Administrator Bill Donovan in Chicago said, “OSHA will hold employers like Herion and ECS Roofing Professionals accountable when they callously ignore their responsibility for their employees safety.”
ECS Roofing, which bills itself for its “quality, integrity, and reliability,” on its website, maybe needs a refresher in what integrity means.