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Hawkins Construction Company, Inc., Issue No. 4

December 2002

The Contractors Critic
HAWKINS CONSTRUCTION COMPANY, Inc.

Reporting on Safety, Productivity, and Honesty in the Construction Industry.

injuries & Massive litigation

HAWKINS CONSTRUCTION SETTLES VIOLATIONS OF JOB SAFETY LAWS BEFORE A HEARING BEGINS – OSHA LETS HAWKINS OFF THE HOOK

On January 11, 2001 OSHA issued a citation against Hawkins Construction for two serious violations of job safety laws at a construction site for a chapel and mausoleum in West Omaha. The citations charged that Hawkins Construction’s breaches, "created a substantial possibility that death or serious injury could result."

OSHA proposed $3,400 in fines
against Hawkins
Construction for the violations.

Specifically, the OSHA violations against Hawkins Construction charged that the company had failed to properly secure propane cylinders that were being stored on uneven, previously excavated ground, and that they failed to provide proper scaffolding and didn’t inspect the scaffolding for defects. Hawkins Construction provided only 3/4"-thick plywood as flooring for the scaffolds. OSHA proposed a $1,700 fine against Hawkins Construction for the scaffolding violations and another $1,700 for the propane cylinder storage violation.

Although Hawkins Construction is a large company with over 400 employees, OSHA only rated their Safety and Health Program as "average."

Hawkins Construction appealed the citation, but agreed to a settlement before the beginning of the Administrative Law Judge hearing. OSHA agreed to withdraw both counts of the citation and to waive the fines.

HAWKINS CONSTRUCTION’S SUBCONTRACTOR HOUNDS THE BOY SCOUTS WITH A LIEN

The Contractors Critic has previously written about how Hawkins Construction’s jobs have resulted in litigation with some of the icons of Nebraska — including court suits with Boys Town and Creighton University. Now, in a lien filed August 27, 2002, a Hawkins Construction subcontractor has decided to go after the Boy Scouts, too. On that date, Hawkins Construction’s subcontractor, Window Technologies, filed a construction lien against real estate in Walton, Nebraska. The people with an interest in this real estate were the Boy Scouts of America, Outdoor Education Center, and Cornhusker Council.

Who will be the next Nebraska icon to be caught in the net of Hawkins Construction-inspired litigation and liens? The University of Nebraska-Lincoln Cornhusker football team?

As of publication, Hawkins has not made any suggestions or refuted any of the information in this publication.

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