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Region 2 News Release: 08-1486-NEW/BOS 2008-314
Tues., Oct. 28, 2008
Contact: Ted Fitzgerald
Phone: 617-565-2074

Utica, N.Y., contractor faces $111,000 in U.S. Labor Department OSHA fines for scaffold and fall hazards at city worksite
Company cited in 2006 and 2007 at Cheektowaga and New Hartford, N.Y., worksites

SYRACUSE, N.Y. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Precision Plaster Paint & Contracting LLC, a Utica, N.Y., contractor, for alleged willful, repeat and serious violations of safety standards at a Utica worksite. Precision, which was installing a new stucco coating on a commercial building at 430 Court St., faces a total of $111,000 in proposed fines, chiefly for an improperly erected and maintained scaffold, and lack of fall protection for employees.

"Failing to provide adequate fall protection and improper maintenance of scaffolding heightens the danger to employees of suffering a potentially fatal fall," said Christopher Adams, OSHA's area director in Syracuse. "The sizable fines proposed here reflect employer knowledge, the gravity of the hazards and the recurrence of hazards cited in past OSHA inspections."

OSHA found employees exposed to 20 to 27 foot falls while working on a scaffold that was not fully planked, had no ladder to provide safe access and lacked fall protection safeguards. These conditions resulted in the issuance of three willful citations, accounting for $84,000 of the proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Four repeat citations, with $18,000 in proposed fines, were issued for hazards similar to those cited during 2006 and 2007 OSHA inspections of Precision jobsites in Cheektowaga and New Hartford, N.Y. These latest citations encompass lack of hard hat protection, a too narrow scaffold platform and a lack of bracing, level footing and mudsills for the scaffold.

Finally, five serious citations, with $9,000 in proposed fines, were issued for split and rotted scaffold planks, an unsecured scaffold, improperly placed scaffold planks, lack of toe boards and no fall protection for employees working on a retaining wall. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

"One means of preventing future hazards is to establish and maintain an effective safety and health management system through which employers and employees work together to continually identify and eliminate worksite hazards," said Adams.

Precision Plaster Paint & Contracting has 15 business days from receipt of its citations to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808. Detailed information on fall protection is available on OSHA's Web site at:

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit


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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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