US Dept of Labor

Occupational Safety & Health AdministrationWe Can Help

OSHA News Release - (Archived) Table of Contents
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
Trade News Release Banner Image

Region 2 News Release:   NY 165
July 31, 2001
Contact: Chester Fultz
Phone: 212-337-2319

NEWARK, N.J., CONSTRUCTION CONTRACTOR CITED BY OSHA FOR ALLEGED WILLFUL SAFETY VIOLATIONS; $78,500 IN PENALTIES PROPOSED

NEW YORK -- The U.S. Labor Department's Occupational Safety and Health Administration has cited Kemsco Construction and Equipment Co., of Newark, N.J., and proposed penalties of $78,500 against the firm for two alleged willful violations and one alleged serious violation of OSHA standards. The company has until August 16 to contest the citations.

The action results from an investigation on February 21 at the site of an excavation at Tonnelle Avenue and Union Turnpike in North Bergen after an OSHA compliance officer observed employees working in an unprotected six-foot-deep trench, according to OSHA area director David Ippolito.

OSHA alleges that the company willfully violated OSHA's trenching standard by failing to provide cave-in protection and safe means of egress from the excavation. The willful violations carry a proposed penalty of $77,000.

The company was also cited for failure to keep excavated earth a safe distance from the edge of the trench, an alleged serious violation carrying a proposed penalty of $1,500.

A willful violation is defined by OSHA as one committed with an intentional disregard for, or plain indifference to, the requirements of the OSHA act and regulations. A serious violation is defined as a condition which exists where there is a substantial possibility that death or serious physical harm can result.

The investigation was conducted by OSHA's Parsippany area office, located at 299 Cherry Hill Road, suite 304, Parsippany, New Jersey, telephone (973) 263-1003.

*********

U.S. Labor Department news releases are accessible on the Internet at www.dol.gov. The information in this release will be made available in alternate format upon request (large print, Braille, audio tape or disc) Please specify which news release when placing your request. Call 202-693-7773 or TTY 202-693-7755.


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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy.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

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.

Close