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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
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Region 2 News Release:   NY 113
February 11, 2000
Contact: Chester J. Fultz
PHONE: 212-337-2319

TWO BROOKLYN, NEW YORK CONSTRUCTION COMPANIES CITED BY OSHA
FOR ALLEGED WILLFUL AND OTHER SAFETY AND HEALTH VIOLATIONS;
$145,500 IN PENALTIES PROPOSED

ONE EMPLOYEE KILLED, ELEVEN OTHERS INJURED
IN NOVEMBER, 1999 CONSTRUCTION ACCIDENT

The U. S. Labor Department's Occupational Safety and Health Administration has cited Industrial Enterprises LTD, and/or Faye Industries Corporation, of 527 Bedford Avenue, andMark Klein, Inc., of 1673 East 16th Street in Brooklyn, alleging a total of one willful, 21 serious, and six other-than-serious violations of health and safety standards. Proposed penalties total $145,500.

According to Robert D. Kulick, OSHA area director, the citations result from an inspection conducted from November 23, 1999, through February 8, 2000, at a residential construction site located at 50-60 Midddleton Street in Brooklyn, following an employee fatality. Eduardo Daniel of Brighton Beach was killed and eleven other employees were injured when the building collapsed on November 23 during concrete pouring operations.

OSHA cited Enterprises LTD/Faye for failure to ensure that the building's formwork was erected, braced and maintained properly to enable it to support vertical and lateral loads, an alleged willful violation carrying a total proposed penalty of $70,000.

"This employer willfully failed to follow OSHA's construction industry safety standards,", Patricia K. Clark, OSHA regional administrator said, " and that act resulted in the loss of an employee's life as well as injury to eleven other workers. OSHA has a responsibility to protect the safety and health of employees on the job, and that mandate requires that this employer be held accountable for these violations of the Act".

Among the alleged serious violations for which OSHA cited Enterprises LTD are:

    - failure to properly instruct employees in the recognition and avoidance of unsafe conditions at the worksite.

    - failure to provide protective helmets to employees.

    - failure to provide proper fall protection for employees from unprotected sides of the structure and from floor and wall openings, with guardrails, safety nets and personal arrest systems.

    - failure to keep drawings, plans and blueprints available at the work site.

    - failure to ensure that metal decking was properly secured.

    - failure to properly install and use ladders at the worksite.

    - failure to fill stair pans on staircases.

    - failure to provide handrails on stairways.

The alleged serious violations carry a total proposed penalty of $35,000.

Enterprises LTD/Faye also received OSHA citations for the following alleged other-than-serious violations:

    - failure to maintain the required OSHA log of injuries and illnesses in the workplace.

    - failure to develop, implement and maintain a hazard communication program.

    - failure to maintain copies of material safety data sheets.

    - failure to provide information and training to employees in hazard recognition and avoidance.

The alleged other-than-serious violations carry a total proposed penalty of $3,000.

Among the alleged serious violations for which OSHA cited Mark Klein, Inc., are:

    - failure to ensure that the building's formwork was erected, braced and maintained properly to enable it to support vertical and lateral loads.

    - failure to properly instruct employees in the regulations applicable to their work environment and in the recognition and avoidance of unsafe conditions.

    - failure to provide protective helmets to employees.

    - failure to provide proper fall protection for employees from unprotected sides of the structure and from floor and wall openings, with guardrails, safety nets and personal arrest systems.

    - failure to keep drawings, plans and blueprints available at the work site.

    - failure to enure that metal decking was properly secured.

    - failure to fill stair pans on staircases.

    - failure to provide handrails on stairways.

    - failure to properly install and use ladders.

The alleged serious violations carry a total proposed penalty of $37,500.

Mark Klein, Inc., also received OSHA citations for failure to maintain the required OSHA log of injuries and illnesses at the workplace, and failure to provide information and training to employees in hazard recognition and avoidance, two alleged other-than-serious violations.

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 one in which there is a substantial probability that death or serious physical harm could 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 Manhattan area office, located at 6 World Trade Center, room 881, New York, N. Y. Telephone: (212) 466-2481.

The companies have until March 3 to contest the citations.

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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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