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A federal judge has issued an order holding a Lincoln contractor in contempt of court for not complying with a subpoena from the Occupational Safety and Health Administration.
Christopher Arps, who does business as Capital City Roofing and Construction, is facing fines of $100 a day and potential arrest if he does not comply with the subpoena by Friday.
U.S. District Court Judge Robert F. Rossiter Jr. also ordered Arps to pay more than $5,900 in legal fees and costs incurred by OSHA.
OSHA opened an investigation into Arps and his company after one of his employees experienced a cardiac arrest on a job site on Feb. 8 of last year.
The employee, who was not wearing fall protection, fell off of a duplex roof and sustained serious injuries.
According to OSHA, Arps denied the incident had occurred and refused to provide inspectors with information they requested.
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After Arps rebuffed several other OSHA attempts to work with him, the agency issued an administrative subpoena on Feb. 27, seeking documents related to his business, employees and worksite and safety practices.
OSHA said Arps ignored the subpoena, forcing it to file a lawsuit to enforce it.
Arps then failed to appear at a show cause hearing on May 26, leading an OSHA attorney to file a petition seeking to hold him in contempt of court.
“An employee of Capital City Roofing and Construction suffered serious injuries because his employer failed to protect him from falls. Falls remain the construction industry’s leading cause of death and injuries,” OSHA Area Director Matt Thurlby said in a news release. “Christopher C. Arps’ repeated denial of the injuries and refusal to cooperate with federal investigators shows a disturbing disregard for his employees’ safety.”
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Top Journal Star photos for January 2024
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Reach the writer at 402-473-2647 or molberding@journalstar.com.
On Twitter @LincolnBizBuzz.
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