Four Miami Contractors cited almost $100k after fatal fall in Kendall

Miami, FL – On June 26, 2016, a construction worker performing punch-list activities at a Kendall Square housing complex construction site in Miami, fell 11 feet to his death through an unprotected stairway opening.  An OSHA investigation revealed that the stairway opening had no guardrails or cover as required by OSHA standards, and that his employer was aware that the opening was unprotected.  As a result of the fatality, OSHA issued eight citations to Southern Chills Inc., Capri Construction Corp., SB Painting & Waterproofing Inc. and Brothers Carpentry Corp. for alleged safety violations. Combined, the four contractors face $91,536 in penalties (citations dated December 21, 2016).

The project’s developer, Lennar Homes LLC contracted with Miami’s Capri Construction as the shell contractor at the job site. Capri then contracted with Homestead-based Southern Chills to perform carpentry work such as installing second-floor deck trusses and sheathing. Following the fatality, Capri contracted with Brothers Carpentry, a West Park finish carpentry contractor, to replace Southern Chills and Lennar hired SB Painting, of West Palm Beach, to paint the exteriors and interiors of the homes.  OSHA issued multiple citations for this event.

  • OSHA issued Southern Chills two repeated citations for failing to protect workers from falls up to 11 feet with a guardrail or personal fall system and not training employees to recognize fall hazards or procedures while working at elevated levels.
  • OSHA issued serious citations to Capri, SB Painting, and Brothers Carpentry for failing to protect workers from fall hazards with a guardrail or personal fall system.
  • OSHA cited SB Painting and Brothers for not training workers to recognize fall hazards while working at elevated levels.
  • OSHA cited Capri for exposing workers to fall hazards due to a lack of frequent inspections to ensure hazardous conditions did not exist or were corrected.

Read about OSHA’s multi-employer citation policy that allows OSHA to cite multiple employers for the same hazard. Employers that create, control, correct or expose employees to a hazard can all be issued citations as long as the compliance officer can establish that an employee of the cited company was exposed to the safety hazard.

Consultstu LLC provides fractional HR services to small/mid businesses to lower operational costs, improve business processes and comply with workplace regulations.  We deliver customized HR and safety solutions that provide protection from expensive mistakes and strategies to improve workplace results. Call us at 727-350-0370 or visit


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