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Region 2 News Release:   NY 175
August 16, 1999
Contact: Chester J. Fultz
PHONE: 212-337-2319

ELMONT, NEW YORK, STUCCO CONTRACTOR CITED BY OSHA FOR ALLEGED SAFETY VIOLATIONS: $68,000 IN PENALTIES PROPOSED

The U.S. Labor Department's Occupational Safety and Health Administration has cited East Coast Wall Systems, Inc., of 1268 Hempstead Turnpike, Elmont, New York, and proposed penalties of $68,000 against the firm for four alleged repeat and three alleged serious violations of OSHA standards. The company has until August 27 to contest the citations.

According to OSHA area director Anthony J. DeSiervi, the action results from an investigation conducted on April 28 and 29 after OSHA received a complaint of unsafe conditions at the Eastport Plaza shopping center on Larkfield Road in Northport, New York, where the contractor was engaged in stucco work.

OSHA cited the firm for the following alleged repeat violations:

  • failure to ensure that employees were wearing head protection;
  • failure to provide access ladders on scaffolding-workers were climbing the frame to gain access to scaffolds up to 18 feet high;
  • failure to provide standard guard rails on the working platform;
  • failure to train employees in the recognition and avoidance of unsafe conditions while working on fabricated frame scaffolds.

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. East Coast Wall Systems was previously cited for these conditions in June, 1996 in East Meadow; in July, 1997 in Huntington Station; and October, 1997 in Elmont, New York.

There is no excuse for this employer to repeatedly violate these very basic employee protections," DiSiervi said. "East Coast Wall Systems was well aware of the hazardous nature of this type of construction, yet failed to take the appropriate precautions," he added.

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

  • failure to provide a guard on a table saw;
  • failure to ensure that scaffolding was erected, moved, and dismantled under the supervision of a competent person;
  • failure to provide a canopy over the area in front of the building where employees would pass through the scaffold.

The alleged serious violations carry a total proposed penalty of $4,000.

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 Long Island area office, located at 1400 Old Country Road, Suite 208, Westbury, New York, telephone (516) 334-3344.

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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.


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