
An Oswego-based contracting company with a long history of ignoring federal safety regulations has been cited by the Occupational Safety and Health Administration for exposing workers to deadly fall hazards at a construction site in Naperville last year.
United Custom Homes faces $264,143 in penalties for violating occupational safety and health standards during a residential home job in south Naperville more than five months ago, according to OSHA.
The federal agency issued the citation and accompanying penalties to United Custom Homes on Feb. 8. It’s the eighth time United Custom Homes’ has been cited for an OSHA infraction since 2015.
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In addition to penalties issued this month, United Custom Homes also currently owes $238,572 in unpaid OSHA penalties for previous violations.
In total, United Custom Homes owes OSHA more than $500,000.
Through its latest citation, OSHA flagged United Custom Homes for four separate violations after inspectors last August observed employees working without protective equipment at heights up to 20 feet on a residential home under construction at 11 Pinnacle Court in Naperville.
Specifically, the company is accused of failing to provide fall protection equipment or train employees in fall hazards, improperly using ladders and failing to recertify workers in the operation of powered industrial vehicles every three years, as required.
The violations range from other-than serious — those that concern job safety and health but are not considered serious in nature — to willful, defined as when an employer either purposely disregards a legal requirement or acts with plain indifference to employee safety, OSHA says. A serious violation exists when the workplace hazard would likely result in death or serious physical harm. Agencies can also be cited for repeat violations.
United Custom Homes received one of each for the conditions at its Naperville job site.
The company was previously cited for similar infractions — wherein it failed to adequately protect employees from fall hazards during construction work — at job sites in Orland Park, Highland Park, Downers Grove and Elgin, according to OSHA.
United Custom Homes had also previously been cited in Naperville once before in 2021, OSHA records show.
Scott Allen, a spokesman for the U.S. Department of Labor, called United Custom Homes’ continued noncompliance “completely unacceptable.”
“They are aware of the rules and the laws, but they choose to ignore them for things like speed of work, maybe making a quick buck instead of protecting their workers,” he said.
In 2022, 1,056 construction and extraction workers suffered fatal on-the-job injuries, 423 from falls, slips or trips, according to Bureau of Labor Statistics reports.
At this point, Allen said he isn’t even sure if “a workplace fatality at this company (would) change (United Custom Homes’) disposition on workplace safety.”
United Custom Homes declined to comment on the situation.
The company has 15 days from receipt of this month’s citation and penalties to comply, request an informal conference with OSHA or contest the findings before an independent commission. As of Tuesday, there had been no response, Allen said.
OSHA “will continue to investigate these types of violations with this company,” he said, but “they simply are not responding to OSHA’s violations.”
“(The agency) will do everything in their power to use all their legal tools in order to ensure this company comes into compliance … which could include criminal prosecution,” Allen said.
OSHA Chicago South Area Director Jim Martineck issued the same assurance in a news release announcing United Custom Homes’ most recent citation, saying they “will continue holding this employer accountable for their willing disregard of the law.”
“Every employer has a legal obligation,” Martineck said, “to provide a safe workplace, train workers and provide necessary equipment to keep them safe on the job.”
Meanwhile, another complicating factor is United Custom Homes’ standing.
State registration records online show that United Custom Homes was involuntarily dissolved as a company on Nov. 10, 2023.
Allen said the owners are still responsible for all penalties.
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