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OSHA Fines 6 NY-NJ Contractors $648K Over Excavation Hazards

Summarized from DOL News Releases and Briefs

Federal inspectors found a nearly 75-foot unstable embankment unprotected at a Monroe, NY mixed-use development, triggering 28 citations.

OSHA Fines 6 NY-NJ Contractors $648K Over Excavation Hazards

The U.S. Department of Labor's Occupational Safety and Health Administration has cited six construction employers and proposed $648,094 in combined penalties following an inspection of a large excavation site in Monroe, New York, where workers faced life-threatening cave-in and struck-by hazards.

OSHA investigators responded to an allegation of unsafe conditions at the Monroe Commons project — also known as the Magna Square development — a planned four-story, roughly 408,000-square-foot mixed-use building featuring retail space, offices, and a 39-room hotel on an 18-acre site. Inspectors found a steep, unstable embankment nearly 75 feet high that had not been adequately sloped or shored, exposing workers to potential collapse.

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The agency issued 23 serious and five willful citations to general contractor Advanced Plan and Build LLC and five subcontractors. Willful violations — the most severe classification — were assessed against Advanced Plan and Build, Parkstone Inc., Obstacle Systems Inc. (operating as Drip Drop Waterproofing Inc.), and The Paving Masters LLC for failing to protect employees from cave-in and struck-by hazards. Advanced Plan and Build and The Paving Masters also received willful citations for not having a registered professional engineer design an excavation ranging from 21 to 75 feet deep. Subcontractors Century Max Industries Corp., DelValle Contractor, and Prime Structure Inc. drew serious violations for related cave-in and fall-protection failures.

The largest individual penalties proposed were $198,615 against Parkstone Inc. and Obstacle Systems Inc., $188,684 against The Paving Masters LLC, and $175,444 against Advanced Plan and Build LLC. Each cited employer has 15 business days from receipt of their citations to pay, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Continue reading at DOL News Releases and Briefs.

Frequently Asked Questions

Q.What safety violations were found at the Monroe Commons construction site?

OSHA found that a nearly 75-foot-high excavation embankment was not adequately sloped or shored, exposing workers to cave-in, struck-by, and chemical hazards. Inspectors also cited employers for failing to conduct daily excavation inspections by a competent person and not having a registered professional engineer design the deep excavation.

Q.Which company received the largest OSHA penalty from this inspection?

Parkstone Inc. and Obstacle Systems Inc., operating as Drip Drop Waterproofing Inc., received the largest proposed penalty of $198,615, followed by The Paving Masters LLC at $188,684.

Q.How can the cited employers respond to OSHA's citations and penalties?

Each employer has 15 business days from receipt of the citations to comply with the penalties, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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