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OSHA Standards for the Construction Industry as of August 2010 
This book contains the occupational safety and health standards for the construction industry promulgated by the Occupational Safety and Health Administration (OSHA), effective August 2010.
OSHA has cited Bovis Lend Lease and John Galt Corp. for 44 alleged violations of workplace safety and health standards at the former Deutsche Bank headquarters located at 130 Liberty St. in Manhattan.
The two contractors, who were responsible for demolition and asbestos abatement work on the building, were cited following an Aug. 18, 2007, fire which took the lives of two New York City firefighters.
"Construction and demolition sites must be kept safe at all times for both employees and emergency responders," said Louis Ricca Jr., OSHA’s acting regional administrator in New York.
"Employers must adhere to safety and health standards, and prepare completely and effectively for workplace emergencies," said Richard Mendelson, OSHA’s area director in Manhattan. "Failure to do so can – and, in this case, did – cost lives."
OSHA’s citations address fire-related hazards, including a missing section of the standpipe system and insufficient water pressure and water supply for fighting fires inside the tower. Citations also include numerous safety hazards that exposed employees to death or serious injury from falls, falling objects, electrocution, and the inability to exit the tower swiftly and safely in the event of a fire or other emergency.
As a result of its inspection, OSHA cited both Bovis and Galt for the following hazards:
The two contractors face a combined total of $464,500 in proposed fines for these conditions. Individually, Galt was issued three willful and 22 serious citations, carrying $271,500 in fines. Bovis was issued two willful and 17 serious citations, with $193,000 in fines for these conditions.
Previous OSHA inspections at the jobsite had resulted in Galt being fined $88,500 for 26 violations and Bovis being fined $18,000 for five violations.
Mendelson noted that the size of the fines currently proposed against Bovis and Galt reflects the scope and severity of the cited conditions and the classification of several of the citations as willful, the most severe category of citation. Each of the willful citations carries a proposed penalty of $70,000, the maximum allowed under the law.
Paradise Energy Electrical Contractors Inc., an electrical subcontractor, also was issued five serious citations, with $6,250 in proposed fines, for a scaffold erected too close to a power line and other electrical hazards.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. The agency issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
"OSHA will continue to work with other regulatory agencies overseeing this project to identify and address safety and health concerns prior to and after resumption of demolition and remediation operations," said Mendelson.
Each company has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA or to contest the citations before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Manhattan Area Office (telephone 212-620-3200).
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