Region 2 News Release: 13-793-NEW (osha 13-045)
May 16, 2013
Contact: Joanna Hawkins Leni Fortson
Phone: 215-861-5101 215-861-51024
Email: hawkins.joanna@dol.gov uddyback-fortson.lenore@dol.gov

US Department of Labor's OSHA cites Newark, NJ, stucco contractor for
scaffolding hazards at Maplewood, NJ, work site

NEWARK, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Worldwide Company Inc., doing business as Three Brothers Co. LLC in Newark, with five repeat and one serious violation found while the company was doing commercial construction renovation at a Maplewood work site. OSHA's December 2012 investigation was initiated in response to a referral from an electrical utility company and resulted in $53,240 in proposed penalties.

The repeat violations, carrying a $50,160 penalty, were due to the company's failure to fully plank scaffolds; provide base plate on scaffold legs, fall protection, and adequate bracing on scaffold components; and ensure cross braces were not used for access to the scaffold. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for the same violations in 2010.

The serious violation, with a $3,080 penalty, is due to the scaffold used in close proximity to power lines. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"Scaffolding is an essential tool for the type of work this company was doing. When working from scaffolding, fall protection is a basic and required safeguard. There's no reason for an employer's failure to have proper and effective protections in place and in use at all times at all job sites," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA will continue to hold employees accountable when they fail to provide safe and healthful workplaces for employees."

More information on scaffolding safeguards can be found at http://www.osha.gov/SLTC/scaffolding/index.html#recognition.

Worldwide Co. Inc. has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Parsippany, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Parsippany Area Office. To call that office, telephone 973-263-1003.

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 ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.