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Construction Company in New York Cited $60,000 in Penalties

NEW YORK -- Exposing employees to fatal safety hazards at a Manhattan construction site has resulted in a New York City employer being cited and fined $60,000 by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA). The most significant citation is an alleged "repeat" violation that directly relates to the accident, in which an employee fell through an unprotected floor opening and plunged to his death on a steel deck 35 feet below. The citation includes a proposed penalty of $50,000 and charges the employer with failing to provide proper fall protection for employees working next to an unguarded floor opening. DCM Erectors had been cited for a similar violation at the same site on Oct. 15, 2002.

"This employer was cited previously for a similar violation on this same project, yet continued to expose employees to the same hazards knowing full well the potential for a serious accident," said Richard Mendelson, OSHA's area director in Manhattan. "This outrageous flaunting of the law had very tragic consequences." OSHA is also citing DCM Erectors for two alleged "serious" violations, each carrying a proposed penalty of $5,000, for failing to train employees exposed to fall hazards in how to recognize and minimize those hazards and for failing to require employees to use eye protection in hazardous situations.

A serious citation is issued when death or serious physical harm could result from a hazard about which the employer knew, or should have known. DCM Erectors has 15 business days from receipt of their citations and proposed penalties to elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission.