OSHA proposes $648K in penalties over New York excavation hazards

What changed

The U.S. Department of Labor announced Oct. 13 that OSHA cited six construction employers over alleged excavation-related safety violations at the Monroe Commons project, also known as the Magna Square development, in Monroe, New York.

DOL described the project as a planned four-story, approximately 408,000-square-foot mixed-use commercial building with retail, office space and a 39-room hotel on an 18-acre site. OSHA said it responded to an allegation of struck-by and collapse hazards tied to a large excavation with a steep, unstable embankment nearly 75 feet high that was not adequately sloped or shored.

OSHA issued 23 serious citations and five willful citations to the project’s general contractor and five subcontractors, DOL said. The cited issues included alleged failures to protect workers from cave-in, struck-by and chemical hazards; shield workers from falling or rolling rock and soil from an excavation face; and ensure daily excavation inspections by a competent person.

Penalties by employer

OSHA proposed $175,444 in penalties for Advanced Plan and Build LLC; $46,340 for Century Max Industries Corp.; $19,151 for DelValle Contractor; $198,615 for Parkstone Inc. and Obstacle Systems Inc.; $19,860 for Prime Structure Inc.; and $188,684 for The Paving Masters LLC.

DOL said Advanced Plan and Build LLC, Parkstone Inc. and Obstacle Systems Inc. operating as Drip Drop Waterproofing Inc., and The Paving Masters LLC received willful citations for allegedly exposing employees to cave-in and struck-by hazards from an unprotected excavation.

DOL also said OSHA cited Advanced Plan and Build LLC and The Paving Masters LLC for alleged willful failure to ensure the excavation, described as between 21 and 75 feet deep, was designed by a registered professional engineer. Century Max Industries Corp., DelValle Contractor and Prime Structure Inc. were cited for serious violations alleging failure to protect employees from cave-in and struck-by hazards. DelValle Contractor, Parkstone Inc. and Obstacle Systems Inc. also received serious citations related to fall protection and chemical hazards.

What it means for the shop

For plumbing, electrical, landscaping and other trade contractors whose crews dig, enter or work near excavations, the cited items point to concrete OSHA exposure areas: cave-in protection, struck-by protection, protection from falling or rolling rock and soil, competent-person daily inspections, and registered professional engineer design for deeper excavations when required.

The penalties are proposed, not final. Still, the case shows OSHA may cite both a general contractor and subcontractors when workers are allegedly exposed to excavation hazards on the same site.

What remains unknown

The supplied DOL release does not include OSHA inspection numbers, citation documents, individual standard numbers, abatement dates or current establishment-search status entries.

The record supplied here does not show whether any employer has contested the citations, requested an informal conference, settled, paid penalties or reached an abatement agreement. It also does not include any employer response, denial or corrective-action statement.

DOL’s announcement says employers have 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission. The authoritative DOL release is here: http://www.dol.gov/newsroom/releases/osha/osha20261013