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Region 2 News Release:   NY 220
November 6, 2000
Contact: Chester J. Fultz
PHONE: 212-337-2319

ALBANY COUNTY, NEW YORK, MASONRY CONTRACTOR CITED BY OSHA FOR ALLEGED SERIOUS, REPEATED VIOLATIONS; $78,000 IN PENALTIES PROPOSED

The U.S. Labor Department's Occupational Safety and Health Administration has cited the John Mauro Company, of Rowe Road, Feura Bush, New York, and proposed penalties of $78,000 against the firm for three alleged repeat violations and nine alleged serious violations of OSHA standards. The company has until November 28 to contest the citations.

According to OSHA area director John M. Tomich, the action results from investigations conducted from May 11 through June 20 at the site of the construction of a new Borders book store on Broadway in Saratoga Springs, New York. An OSHA compliance officer had observed employees of the company, a masonry contractor installing the store's exterior brickwork, working on unguarded scaffolding as high as 32 feet above ground.

OSHA cited the firm for failure to provide fall protection systems on scaffolding more than ten feet above ground, to provide safe access to a scaffold platform, and to provide cross-bracing on scaffolds, three alleged repeat violations carrying a total proposed penalty of $60,000.

A repeat violation is one for which an employer has been previously cited for the same or a substantially similar condition and the citation has become a final order of the Occupational Safety and Health Review Commission. The employer was previously cited for these conditions in March, 1999, in Saratoga Springs, New York, and May, 1999, in Amsterdam, New York.

The alleged serious violations for which the employer was cited included:

  • failure to join scaffold sections vertically with stacking pins;
  • failure to re-train employees in the hazards of working on scaffolds;
  • failure to use ladders that extend three feet above the landing platform;
  • failure to use properly load-rated ladders;
  • failure to provide employees with material safety data sheets and training for the use of hydrochloric acid;
  • failure to provide personal protective equipment such as gloves, aprons, eye protection for employees using hydrochloric acid;
  • failure to provide emergency eyewash facilities;
  • failure to provide body belts and training for employees working in aerial lifts.

The serious violations carry a total proposed penalty of $18,000.

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 Albany area office, located at 401 New Karner Road, Suite 300, Albany, New York, telephone (518) 464-6742.

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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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