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Inspection Detail
Inspection: 1508063.015 - Tomal Painting & Contracting
Inspection Information - Office: Manhattan Area Office
Site Address:
Tomal Painting & Contracting
454 42nd St
Brooklyn, NY 11232
Mailing Address:
703 Westminster Rd, Brooklyn, NY 11230
Union Status: NonUnion
SIC:
NAICS: 238140/Masonry Contractors
Inspection Type: Fat/Cat
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 12/28/2020
Emphasis: N:Trench
Case Closed: 05/08/2025
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Referral | 1712614 | Yes | Yes |
| Accident | 1714173 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 5 | 5 | ||||
| Current Violations | 5 | 5 | ||||
| Initial Penalty | $46,811 | $0 | $0 | $0 | $0 | $46,811 |
| Current Penalty | $30,000 | $0 | $0 | $0 | $0 | $30,000 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 19260021 B02 | 06/23/2021 | 07/13/2021 | $9,000 | $13,653 | $0 | 07/12/2021 | F - Formal Settlement | |
| 2. | 01002 | Serious | 19260300 B01 | 06/23/2021 | $1,500 | $2,926 | $0 | 07/12/2021 | F - Formal Settlement | ||
| 3. | 01003 | Serious | 19260404 B01 I | 06/23/2021 | $1,500 | $2,926 | $0 | 07/12/2021 | F - Formal Settlement | ||
| 4. | 01004 | Serious | 19260651 I02 | 06/23/2021 | $9,000 | $13,653 | $0 | 07/12/2021 | F - Formal Settlement | ||
| 5. | 01005 | Serious | 19260651 K01 | 06/23/2021 | $9,000 | $13,653 | $0 | 07/12/2021 | F - Formal Settlement |
Investigation Summary
At 1:30 p.m. on December 28, 2020, Employees #1 and #2, day laborers employed by a painting and masonry contractor, were repairing a retaining wall at a job site. They were working on the base of the retaining wall in preparation for a concrete pour. The two employees had not been trained by the owner of the company on the hazards of working on a retaining wall, and the owner did not have knowledge or experience with retaining walls or excavations. Employees #1 and #2 were using a Bosch Electric Grinder (SN 021024766) and a Bosch Electric Drill Hammer 8" pick to dig and clear needed space for a new footing support on the left side of the wall. No support system was used to protect the employees during the excavation process, and no underpinning plan was used. Both the left and right sides of the wall had been undermined by run off rainfall and/or snowfall for several months including days prior to the incident. The retaining wall suddenly collapsed on the two employees. Employee #1 sustained blunt force crushing injuries and was killed. Employee #2 was hospitalized with critical injuries.
Keywords: Blunt force trauma, Construction, Crushed, Excavation, Grinder, Masonry Wall, Pinned, Renovation, Retaining Wall, Shoring, Struck By, Structural Collapse, Support Posts, Unguarded, Untrained
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1508063.015 | 39 | M | Fatality | Construction Laborer |