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Region 2 News Release:     BOS 2003-156
Thursday, July 03, 2003
Contact: John M. Chavez
Phone: (617) 565-2075


Fall Protection and Scaffolding Hazards at Long Island Work Sites
Lead to $170,000 in Fines for Franklin Square, N.Y., Contractor

NEW YORK -- A Franklin Square, N.Y stucco contractor's failure to protect employees from the hazards of working on roofs and elevated scaffolds at two Long Island work sites has resulted in citations and substantial fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

New Creation Stucco, Inc. of 177 Commonwealth St. Franklin Square, N.Y., has been cited for alleged willful, repeat and serious violations of the Occupational Safety and Health Act following inspections at work sites in Freeport and Long Beach, N.Y. that began last December. At both sites, employees were observed performing stucco work without proper fall protection.

"Falls are among the most common causes of work-related injuries and fatalities," said Secretary of Labor Elaine L. Chao. "OSHA's standards are in place to protect workers, but they must be strictly followed to avoid accidents."

Inspectors found life-threatening hazards and issued six "willful" citations. Total penalties of $156,000 were proposed for not having sufficient planks on scaffolds for employees to work safely, not having ladders to reach working levels, not giving workers hard hats, and not providing guardrails or personal fall arrest systems. The first two alleged violations were found at both sites.

Having found similar violations since April 2002 during inspections of company work sites in Bayside and Levittown, OSHA cited New Creation Stucco for three "repeat" violations: not providing helmets; not providing fall protection on walking or working surfaces; and inadequate cross bracing on scaffolds. The repeat citations carry a total proposed penalty of $12,000, according to Harvey Shapiro, OSHA's area director for Long Island.

One alleged serious violation, carrying a $2000 penalty, charges the company with failure to lay platforms on top of each other when the direction of the platform changes.

OSHA issues a willful citation for violations committed with intentional disregard of, or plain indifference to the requirements of the Occupational Safety and Health Act. Repeat citations are issued for violations for which an employer has been previously cited that have become a final orders. A serious violation is a condition for which there is a substantial possibility that death or serious physical harm can result.

OSHA's Long Island area office at 1400 Old Country Rd., Westbury, conducted the inspection. New Creation Stucco has 15 business days from receipt of its citations and penalties to comply with them, request and participate in an informal conference with the OSHA area director, or contest them before the independent Occupational Safety and Health Review Commission.

The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov or call the Long Island area office at (516) 334-3344.


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Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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