Region 2 News Release: 11-708-NEW (osha 11-049)
May 19, 2011
Contact: Leni Uddyback-Fortson Joanna Hawkins
Phone: 215-861-5102 215-861-5101
Email: uddyback-fortson.lenore@dol.gov hawkins.joanna@dol.gov

US Labor Department's OSHA cites 6 New Jersey companies
for workplace safety and health hazards at Elizabeth, NJ, site

ELIZABETH, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited a general contractor and five subcontractors in New Jersey for 20 workplace safety and health violations found at an apartment building construction site in Elizabeth. Proposed penalties total $95,470.

As a result of an inspection initiated Nov. 18, 2010, general contractor Madison Realty LLC of Edison was cited for one serious violation with a proposed penalty of $2,400; DO-VAL Framing Corp. of Warren was cited for four serious violations with proposed penalties of $13,800; Molina & Sons Construction of Bloomfield was cited for six serious violations with proposed penalties of $18,000; JRL Siding & Roofing of Elizabeth was cited for two serious and two repeat violations with proposed penalties of $24,420; Bairrada Liberty Construction Co. Inc. in Linden was cited for one serious and two repeat violations with proposed penalties of $26,950; and Max Plumbing & Heating Inc. in Elizabeth was cited for one serious and one repeat violation with proposed penalties of $9,900.

"Residential construction workers face a unique set of hazards and safety considerations," said Patricia Jones, director of OSHA's Avenel Area Office. "It is vital that these employers ensure safe and healthful work environments for their employees."

The serious violations address fall hazards at heights ranging from 12 to 40 feet, including a lack of guard rails, hand rails, harnesses and/or belts/lanyards; failure to provide fire extinguishers where gas and gas-powered equipment were used; use of aerial lifts without fall protection; failure to provide eye protection when nailing equipment was used; and failure to provide helmets when work was performed under elevated operations. A serious violation occurs 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.

The repeat violations address a lack of fall protection for employees working approximately 30 feet from the ground on a roof; a lack of fall protection for employees working on a tubular scaffold approximately 40 feet from the ground; a lack of fall protection for employees working near the edge of a building approximately 12 feet from the ground; not extending ladders at least 3 feet above the working surface, where the working surface was 12 feet from the ground; and a lack of head protection for employees working directly below a steel frame structure. A repeat violation exists 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.

Detailed information on fall protection hazards and safeguards is available online at http://www.osha.gov/SLTC/fallprotection/index.html.

The companies have 15 business days from receipt of the citations to comply, ask for 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 incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (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.