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Region 2 News Release:   NY 160
Tuesday, June 21, 1999
Contact: Chester J. Fultz
PHONE :212-337-2319

OSHA CITES BROOKLYN CONCRETE CONTRACTOR FOR ALLEGED REPEAT AND SERIOUS SAFETY AND HEALTH VIOLATIONS FOLLOWING DEATH OF A WORKER; $56,500 IN PENALTIES PROPOSED

The U.S. Labor Department's Occupational Safety and Health Administration has cited North Berry Corporation of 8 Berry Street, Brooklyn, New York, and proposed penalties of $56,500 against the firm, for one alleged repeat and two alleged serious violations of OSHA standards. The company has until July 8 to contest the citations.

According to OSHA area director Robert D. Kulick, the action results from an investigation conducted from March 19 through April 23 at a construction site located at 1567 Broadway, following a fatal accident. Craig LeBow of Manhattan, a laborer working at the site for less than a week, was killed on March 18 when he fell through an unguarded elevator shaft opening.

OSHA cited the company for an not protecting employees from the dangers of falling through holes in working and walking surfaces, an alleged repeat violation carrying a total proposed penalty of $50,000.

The company was previously cited twice by OSHA for similar alleged serious violations found on construction sites at 871 First Avenue in Manhattan in November, 1996, and at 350 Jay Street in Brooklyn in July, 1997.

OSHA also cited the company for not training employees to recognize fall hazards, and for not ensuring that portable ladders extended the proper distance above upper landing surfaces, two alleged serious violations carrying a total proposed penalty of $6,500.

A repeat violation is one for which an employer has previously been cited for the same or for a substantially similar condition, and the citation has become a final order of the Occupational Safety and Health Review Commission. 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 Manhattan area office, located at 6 World Trade Center, Room 881, New York, N.Y. Telephone: (212) 466-2481.

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This information will be made available to sensory impaired individuals upon request. Voice phone: (212) 337-2319; TDD phone: 800-347-8029; OASAM TDD message referral phone number: 800-326-2577.


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.


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