New York roofing contractor enters into settlement agreement with US Department of Labor after willfully failing to protect worker in 2021 fatal fall

NEW YORK – A Long Island roofing contractor has entered into a settlement agreement with the U.S. Department of Labor to resolve willful safety violations found after an employee sustained fatal injuries from an 18-foot fall through an unprotected skylight in August 2021.

An investigation by the department’s Occupational Safety and Health Administration found that DME Construction Associates Inc. exposed workers to falls of up to 22 feet at unguarded roof openings and roof edges. OSHA found that the employer failed to provide any personal fall protection equipment to employees at the Oyster Bay municipal building worksite where workers were replacing a steel roof decking.

The settlement affirms all citations issued to DME Construction Associates, including nine willful violations, eight of which were egregious per-instance citations for DME's failure to provide fall protection for each of the eight employees who worked on the roof.

Under the agreement, DME must pay a $600,000 penalty and implement enhanced abatement measures to improve safety for workers, including developing a comprehensive written company safety plan, ensuring and documenting there is enough fall protection equipment for every worker on every jobsite, notifying OSHA of all upcoming jobs at least a week in advance, permitting warrantless entry by OSHA at all worksites, and requiring all DME supervisors to complete OSHA’s 30-hour construction safety training.

DME Construction Associates and owner Peter Chardon await an April sentencing date after pleading guilty in November 2025 to a criminal violation of the Occupational Safety and Health Act related to this fatality.

Learn more about OSHA and protecting workers against falls.

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Media Contact:

Erika B. Ruthman, 678-237-0630, ruthman.erika.b@dol.gov
Eric R. Lucero, 678-237-0630, lucero.eric.r@dol.gov

Release Number: 26-76-BOS