MONTGOMERY, Ala. – On Monday, July 1, 2019, a 15-year-old Guatemalan roofing worker fell to his death from the roof of Cullman Casting in south Cullman. He fell through insulation in a gap left by the removal of old roofing, dropping approximately 50 feet to a concrete floor inside the building. The youth reportedly lived in Vestavia Hills near Birmingham, and, according to Cullman Police Department (CPD) Lt. Todd Chiaranda, was employed by W and W Roofing, a subcontractor hired by primary contractor Apex Roofing and Restoration of Pelham to work at the site.
The Alabama Department of Labor on Tuesday announced it has issued fines in the amount of $15,000 to Apex Roofing for violations that contributed to the minor’s death.
Apex Roofing is being charged with violating the following provisions of Alabama’s Child Labor Law (Title 25, Chapter 8 of The Code of Alabama 1975):
- 25-8-43 Prohibited Occupations –Under 18
(a) No person under 18 years of age shall be employed or permitted, or suffered to work at any of the following occupations, positions, or places:
(4) In any roofing, scaffolding, or sandblasting operations.
(1 violation @ $5,000.00)
- 25-8-35 Prohibited Occupations- Under 16
(3) In any work in or about a rolling mill, machine shop, or manufacturing
establishment which is hazardous or dangerous to health, limb or life.
(1 violation @ $5,000)
(10) Repairing, painting, or cleaning building or structures while working at the top of
ladders, lifts, or scaffolds exceeding a height of six feet.
(1 violation @ $5,000)
On July 1, 2019, the Child Labor Enforcement Division was notified of a death involving a minor in roofing operations being directed by Apex Roofing on a project in Cullman. The minor child was performing work on a roof when he fell approximately 50 feet onto a concrete floor below. The minor child died from his injuries. A joint investigation with the U.S. Department of Labor and OSHA determined that no safety equipment was being used by the crew on the roof of the accident.
On Jan. 9, 2020, the U.S. Department of Labor fined the roofing company nearly $160,000, according to The Tribune’s media partner, WVTM 13. The department’s Occupational Safety and Health Administration (OSHA) ruled that Apex Roofing and a subcontractor were found to have exposed employees to fall hazards at the worksite and had not properly trained workers.
“We want to make it to clear that Alabama will not tolerate workplace violations regarding minor workers,” said Labor Secretary Fitzgerald Washington. “These are the maximum fines allowable by state law. What happened to this child was not only a tragedy, but a completely avoidable one. We continue to share our condolences with the victim’s family.”
“At no time should anyone under the age of 18 be working on a roof,” said Robin Wilburn, child labor supervisor. “The law is very clear, and this employer was in direct violation.”
The employer has an opportunity to contest the penalties by filing a written objection to the Alabama Department of Labor within 30 days. The companies have 15 days to dispute the OSHA fines, comply or meet with agency officials.
Eight teenagers have died in prohibited occupations since 2000.
According to witnesses at the scene in July, neither the youth nor other coworkers on the roof were wearing safety harnesses.
CPD Investigator Chuck Shikle told The Tribune at the time, “I talked to the foreman, and he said that every morning he issues safety equipment. Some choose to use it, some–most–choose not to use it.”
CPD Investigator Adam Clark said the foreman stated he had run a safety line on the roof and issued safety harnesses, but also said witnesses on the scene indicated that none of the workers on the roof were wearing harnesses.
Under Alabama law, according to a release sent to The Tribune in July by the Alabama Department of Labor, teens as young as 14 can have summer jobs, but “No one under 18 should work on or in connection with roofing operations.”
The victim’s brother, also employed by W and W Roofing, witnessed the accident. Co-workers reported July 1 was the boys’ first day on the job.
Alabama Code 25-8-35 prohibits teens under 16 from working in jobs:
- In the building trades, except that persons 14 or 15 years of age who are members of the immediate family of the contractor may be employed in trades involving nonhazardous duties or occupations.
- Repairing, painting, or cleaning buildings or structures while working at the top of ladders, lifts, or scaffolds exceeding a height of 6 feet.
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