Why was he not wearing a harness? OSHA Violation.
incorrect.
This subcontractor is working on one of my projects, sad to hear the news.
Employers are required to assess the workplace to determine if the walking/working surfaces on which employees are to work have the strength and structural integrity to safely support workers. Employees are not permitted to work on those surfaces until it has been determined that the surfaces have the requisite strength and structural integrity to support the workers. Once employers have determined that the surface is safe for employees to work on, the employer must select one of the options listed for the work operation if a fall hazard is present.
For example, if an employee is exposed to falling 6 feet (l .8 meters) or more from an unprotected side or edge, the employer must select either a guardrail system, safety net system, or personal fall arrest system to protect the worker. Similar requirements are prescribed for other fall hazards as follows.
http://www.osha.gov/doc/outreachtraining/htmlfiles/subpartm.html
I don't think a board that can slip out of place is adequate structural integrity.
the apparent plank failure is a seperate issue.
A worker on a properly erected scaffold with guardrails is not required to wear fall protection.
First off, you sir are a dick. Yes, the guy should have responsibility for his own actions and should not have put himself at risk on a suspect scaffold without taking into account the possibility of falling. He paid for that sin. On to the company, I don't think OSHA will be looking at this way, the company was allowing him to work on scaffolding that lacked structural integrity...the board being able to break or fall out of place. It doesn't matter if you have guard rails, fall protection, catch nets,whatever. If the floor is able to fall out from under you, the equipment in use lacks structural integrity, as stated in the OSHA guidelines. Which is the first step in this whole process as stated in the paragraph I quoted, if you read it.
I'll qualify my opinion with 20% of my young life being spent working construction in residential, commercial, and military base settings. I also ran a couple jobs myself
