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Eleven contractors, chiefly from western and central New York, have been cited by OSHA for failing to protect their employees against fall hazards during the Walden Galleria Mall construction project in Cheektowaga, N.Y. The employers face combined penalties totaling $135,700.
"What's disturbing is the breadth and frequency of fall hazards observed throughout this jobsite, encompassing a wide variety of construction trades," said Arthur Dube, OSHA's area director in Buffalo. "This situation is unacceptable. Falls are the number one killer in construction work. It takes only one misstep, be it from a roof, scaffold, ladder or into a hole, to cause death or disabling injury."
OSHA conducted an inspection in response to a complaint alleging fall hazards. The agency identified a variety of such hazards, including lack of fall protection for employees working at heights of six feet or greater; missing or inadequate guardrails; an uncovered storm drain; ladder deficiencies; a missing stairway, ramp or ladder; an employee tied off to the basket of a boom truck while standing on a roof; and lack of fall protection training and programs.
The largest fine, $78,500, was proposed against GVH Development Inc., the mall project's general contractor, for alleged willful, repeat and serious violations of fall and other safety standards. Also cited were the following subcontractors: CBO Glass [$16,000]; Guard Contracting Corp., demolition and carpentry [$12,000]; Alpha Masonry Construction Co. [$7,500]; E.B. Atlas Steel Corp.[$5,400]; Greater Electric Corp. [$4,500]; Single Ply Systems Inc., roofer [$3,600]; S. Federowicz Construction Inc., concrete flatwork [$2,500]; JC Construction, drywall [$2,250]; Edwards Excavating LLC, plumbing and excavation [$1,950]; and Gordon & Zoerb Electrical Contractors Inc. [$1,500].
Detailed information on fall protection, including an interactive eTool, is available on OSHA's Web site at http://www.osha.gov/SLTC/fallprotection/index.html.
Each company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Buffalo Area Office; telephone 716-551-3053. Employment Safety and Health Guide Daily Document Update ¶20,741a.
OSHA has cited four Westchester County contractors for allegedly violating excavation safety standards during the ongoing construction of the new public library in Briarcliff Manor, N.Y. A total of $130,600 in fines is proposed.
The citations and fines stem from an OSHA inspection initiated by an OSHA inspector who happened to drive by the worksite and observe employees working in an apparently unprotected excavation which resulted in the opening of an inspection on the spot.
"The sizable fines proposed in this case reflect the fact that three of these four contractors knew cave-in protection must be in place before employees entered the excavation, yet elected not to provide this vital safeguard," said Diana Cortez, OSHA's area director in Tarrytown.
Three of the employers - Fourmen Construction of Peekskill, N.Y., the project's general contractor; concrete subcontractor D&J Concrete Corp., of Millwood, N.Y.; and excavation subcontractor McNamee Construction Corp., of Lincolndale, N.Y. - were issued willful citations for failing to provide cave-in protection for their employees who were working in the unprotected 11- to 12-foot-deep excavation.
They, along with the fourth employer, plumbing subcontractor L.J. Coppola Inc., of Thornwood, N.Y., were issued serious citations for failing to remove rebar and other encumbrances from the excavation's entrance. Fourmen Construction also was issued a serious citation for not having a competent person inspect the jobsite for hazards.
"While no cave-in occurred, the potential for death or disabling injury was real and present, since an unguarded excavation can collapse in seconds, crushing and burying employees before they can react or escape," said Cortez. "If employers are thinking of foregoing cave-in protection for any reason, I want them to know that OSHA inspectors will stop and open an inspection immediately whenever they observe a cave-in hazard while passing by a jobsite."
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
Detailed information on trenching and excavation safety, including an interactive e-Tool, is also available on OSHA's Web site at www.osha.gov/SLTC/constructiontrenching/index.html. Each company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Tarrytown Area Office; telephone 914-524-7510. Employment Safety and Health Guide Daily Document Update ¶20,753a.
OSHA has proposed $94,250 in penalties for seven safety violations following the inspection of an Atlanta worksite, on Fulton Industrial Boulevard, where employees of two construction contractors were installing storm drainage and sewer lines.
OSHA cited Plateau Excavation Inc., of Austell, Ga., with two repeat safety violations and proposed penalties of $75,000. Company violations include exposing employees to cave-in hazards by placing excavated material within two feet of the trench and allowing employees to work in an 18-foot-deep trench without an adequate protective system. The company was also cited with one serious violation, carrying a $7,000 proposed penalty, for not providing employees with a means of egress from the trench.
Graham, Ala.-based Beck Inc. has been cited with four serious safety violations and $12,250 in proposed penalties. OSHA noted the contractor failed to provide hazard recognition training to employees, provided inadequate access for a 24-foot-deep trench, allowed excavated materials to be placed too near the edge of a trench and did not provide an adequate protective system for employees working in a trench.
"These employers were well aware of the OSHA requirements, yet in the interest of saving time, bypassed critical safety measures and placed their employees at serious risk," said Andre Richards, director of OSHA's Atlanta-West Area Office.
The companies have 15 business days from receipt of the citations to contest the violations, and proposed penalties, before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-West Area Office, 2400 Herodian Way, Suite 250, Smyrna, Ga.; telephone 770-984-8700. Employment Safety and Health Guide Daily Document Update ¶20,759a.
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