TranslateInspection Detail
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
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:
| 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 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
| # | Inspection | Age | Sex | Degree | Nature | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1508063.015 | Fatality | Construction Laborer |