Release Number: 10-580-NEW (osha 10-62)
May 6, 2010
Contact: Leni Fortson
Phone: 215-861-5102
E-mail: uddyback-fortson.lenore@dol.gov

US Labor Department's OSHA cites Fairfield, NJ, contractor for continued employee exposure to fall hazards

FAIRFIELD, N.J. -- The U.S. Department of Labor's Occupational Safety and Health Administration has cited Acies Group LLC for three repeat violations and one serious violation related to fall hazards at a construction worksite in Lebanon, N.J. Proposed penalties total $47,000.

OSHA initiated an investigation on Jan. 19 as part of a local emphasis program focused on fall hazards in the construction industry after investigators observed workers being exposed to fall hazards as high as 24 feet while performing masonry work on the exterior of a building.

"Falls are the leading cause of fatalities in the construction industry," said Patricia Jones, director of OSHA's Avenel Area Office. "It is vital that employers protect their workers from these deadly hazards, and provide an overall safe and healthful workplace."

The repeat violations include the company's failure to adequately plank scaffolding, provide workers with a ladder to ensure safe access to scaffolding and provide a fall protection system for employees working from a scaffold. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states within the last three years.

The serious violation was for failure to provide workers with a fall arrest harness with a lanyard. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

"One way of preventing hazards is for employers to establish an effective comprehensive workplace safety and health program that involves their employees in proactively evaluating, identifying and eliminating hazards," said Bob Kulick, OSHA's regional administrator in New York. "OSHA's goal is to ensure that workers go home healthy and whole at the end of each workday."

Detailed information on scaffold hazards and safe work practices, including an interactive e-tool, is available online at http://www.osha.gov/SLTC/scaffolding/index.html.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Avenel Office; telephone: 732-750-3270. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-6742.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, outreach, education and assistance. For more information, visit http://www.osha.gov.

U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.