OSHA News Release - (Archived) Table of Contents|
The U.S. Labor Department's Occupational Safety and Health Administration has cited a West Seneca, New York, contractor and four subcontractors involved in restoration of dormitories on the Amherst campus of SUNY Buffalo, and proposed penalties of $176,620 for three alleged willful violations and 29 alleged serious violations of OSHA standards. The companies have until January 25th to contest the citations.
According to OSHA area director David E. Boyce, the action results from an investigation conducted from July 3, 2000 to January 2, 2001 following a complaint of unsafe conditions at the worksite, the Ellicot Complex on the SUNY Buffalo Amherst Campus. The general contractor, Allstate Development, Inc -- Progressive Weatherproofing Joint Venture, West Seneca, New York, and four subcontractors were engaged in re-pointing the brick exterior and working from improperly erected scaffolding that was enclosed in plastic sheeting. "The enclosure had the effect of increasing the concentration of silica dust which was released by the brick grinding," Boyce said.
OSHA alleges that the company willfully violated OSHA's respiratory protection standard by failure to conduct medical evaluations on employees wearing respirators, failure to perform respirator fit testing, and failure to train employees in respirator use. The alleged willful violations carry a proposed penalty of $132,000.
The alleged serious violations for which the Allstate-Progressive joint venture was cited included:
The alleged serious violations by the prime contractor carry a total proposed penalty of $14,000. The firm was also cited for failure to inspect scaffolds daily and failure to maintain the required log of injuries and illnesses, two alleged other-than-serious violations.
OSHA citations issued to the subcontractors included the following:
HIPPWrap Containment, 4070 Kearny Mesa Road, San Diego, California:
Arric Corporation, 5033 Transit Road, DePew, New York:
CME Associates, 810 Sheridan Drive, Tonawanda, New York:
Safespan Platform Systems, 252 Filmore Avenue, Tonawanda, New York:
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. An other-than-serious violation is a hazardous condition that would probably not cause death or serious physical harm but would have a direct and immediate relationship to the safety and health of employees.
The investigation was conducted by OSHA's Buffalo area office, located at 5360 Genesee Street, Bowmansville, New York, telephone (716) 684-3891.
|OSHA News Release - (Archived) Table of Contents|
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