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Occupational Safety and Health Administration OSHA

Inspection Detail

Case Status: OPEN

Note: The following inspection has not been indicated as closed. Please be aware that the information shown may change, e.g. violations may be added or deleted. For open cases, in which a citation has been issued, the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections.

Inspection: 1508063.015 - Tomal Painting & Contracting

Inspection Information - Office: Manhattan


Inspection Nr: 1508063.015
Report ID: 0215000
Date Opened: 12/28/2020

Site Address:
Tomal Painting & Contracting
454 42nd St
Brooklyn, NY 11232

Mailing Address:
703 Westminster Rd, Brooklyn, NY 11230

Union Status: NonUnion


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:

Related Activity
Type Activity Nr Safety Health
Referral 1712614 Yes Yes
Accident 1714173
Case Status: OPEN
Violation Summary
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

Violation Items
# 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

Investigation Nr: 132001.015
Event: 12/28/2020
One Employee Is Killed, One Is Critically Injured In Retaini

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 sit e. They were working on the base of the retaining wall in preparation for a con crete 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 knowle dge 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 sid e of the wall. No support system was used to protect the employees during the e xcavation process, and no underpinning plan was used. Both the left and right s ides of the wall had been undermined by run off rainfall and/or snowfall for sev eral months including days prior to the incident. The retaining wall suddenly c ollapsed on the two employees. Employee #1 sustained blunt force crushing injur ies 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

Investigated Inspection
# Inspection Age Sex Degree Nature Occupation
1 1508063.015 Fatality Construction Laborer
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