Rockland contractor faces $1.3 million fine for worker’s death, other violations

NANUET —A roofing contractor with a record of becoming fined for unsafe operating circumstances faces a $1.3 million penalty immediately after a worker fell to his dying, the U.S. Department of Labor announced.

ALJ Property Improvement Inc. came below investigation just after a employee fell from the roof of a 3-story residential development undertaking in Spring Valley on Feb. 8, the department mentioned Monday. The company said in February 2019, a further corporation worker died in a slide at a Kiamesha Lake work internet site in the Sullivan County town of Thompson.

A gentleman answering the cellphone at ALJ’s office reported Tuesday he would consider care of the troubles with the governing administration and declined to remark further more. Although he determined himself as the owner, Jose, and declined to deliver his previous name, the governing administration violations notice recognized him as Jose Lema, president of ALJ.

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Violations: OSHA cites ALJ House Enhancements of Nanuet for worker’s death and security violations

OSHA challenges violations

The potential wonderful resulted from a dedication by the Occupational Basic safety and Health Administration that ALJ failed to deliver slide security schooling or assure helpful slide protection safeguards ended up used. The business also failed to present eye protection for workers employing pneumatic nail guns, exposing them to the hazard of major eye accidents.

The labor section stated ALJ’s understanding of slide and eye safety needs, and its deliberate and recurring violations of these expectations, led OSHA to situation egregious citations for each occasion an staff at the Spring Valley web site was exposed to the hazards. In total, ALJ Home Enhancement was cited for 9 willful and a few serious violations.

Because 2019, OSHA has inspected ALJ Property Enhancement six times at many perform websites in the New York, New Jersey and Connecticut region, issuing 21 violations and levying $299,425 in fines, the agency claimed. The infractions incorporate numerous willful slide defense and eye safety violations, cited most not long ago in December 2021.

By legislation, residential design companies typically need to defend employees from falls with guardrails, security nets or private drop arrest techniques when they work six toes or much more earlier mentioned lessen stages, as perfectly as offer personalized protective products to shield towards bodily harm.

“ALJ House Improvement continues to ignore the legislation and callously exposes its workforce to falls from elevation, the design industry’s deadliest hazard,” OSHA Regional Administrator Richard Mendelson in New York said. “Their repeated willful violations are proof of an indefensible and inexcusable sample of disregard for the basic safety of their staff. OSHA will continue to acquire powerful enforcement actions from this sort of businesses.”

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ALJ’s selections

Falls are the major trigger of death in building perform in the U.S., accounting for 320 deaths out of 1,008 development fatalities in 2018, the Bureau of Labor Statistics stories.

The labor section said ALJ has 15 enterprise days to respond to the citations. The employer’s possibilities include:

  • Meeting with the OSHA region director in Tarrytown to focus on the citations, current any pertinent info and see if the circumstance can be settled (violations corrected, penalties paid, compliance agreed to) at the community level. If that occurs, it is acknowledged as an casual settlement.

  • Contesting the citations and penalties to the independent OSHA Critique Commission. In that case, the employer would file a contest discover with OSHA. OSHA would ahead the contest notice to the commission, which would assign the situation to an administrative law judge. The Labor Section and the employer would find to solve the subject. If the get-togethers access an agreement it is known as a formal settlement.

  • If those people endeavours do not succeed, the choose could hold a hearing and render a final decision, which could be appealed by possibly social gathering.

  • If the employer does not reply at all, the citations and penalties would grow to be ultimate upon the expiration of the 15 business enterprise day reaction period of time. In this kind of a circumstance, the employer forfeits any charm legal rights.

Steve Lieberman covers authorities, breaking news, courts, law enforcement, and investigations. Reach him at [email protected]. Twitter: @lohudlegal.

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This posting initially appeared on Rockland/Westchester Journal Information: Rockland contractor faces $1.3M fantastic soon after worker’s demise

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