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

Summarized from DOL News Releases and Briefs

Federal inspectors cited six construction firms for willful and serious safety violations at a large mixed-use development in Monroe, New York.

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

Six construction employers in New York and New Jersey face a combined $648,094 in proposed federal penalties after the U.S. Department of Labor's Occupational Safety and Health Administration found widespread excavation safety failures at a large commercial development site in Monroe, New York.

OSHA investigators responded to an allegation of struck-by and collapse hazards at the Monroe Commons project, also known as the Magna Square development — a planned four-story, roughly 408,000-square-foot mixed-use structure featuring retail space, offices, and a 39-room hotel on an 18-acre parcel. At the center of the investigation was a steep, unstable embankment reaching nearly 75 feet high that had not been adequately sloped or shored to protect workers below.

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The agency issued 23 serious citations and five willful citations to general contractor Advanced Plan and Build LLC and five subcontractors. Among the most severe findings: multiple firms willfully exposed workers to cave-in and struck-by hazards from an unprotected excavation, and both Advanced Plan and Build and The Paving Masters LLC failed to have the excavation — ranging from 21 to 75 feet deep — designed by a registered professional engineer as required. Additional violations involved the absence of daily competent-person inspections, inadequate fall protection, and unaddressed chemical hazards.

The largest individual penalty — $198,615 — was proposed against Parkstone Inc. and its affiliate Obstacle Systems Inc., operating as Drip Drop Waterproofing Inc. The Paving Masters LLC faces $188,684 in penalties, while Advanced Plan and Build faces $175,444. The remaining three subcontractors — Century Max Industries Corp., DelValle Contractor, and Prime Structure Inc. — received smaller proposed fines for serious violations. Each cited employer has 15 business days from receipt of citations to comply, seek an informal OSHA conference, 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 employers exposed workers to cave-in, struck-by, and chemical hazards from an inadequately sloped or shored excavation nearly 75 feet high. Additional violations included the lack of daily competent-person inspections and missing fall protection measures.

Q.Which company received the largest OSHA penalty in this case?

Parkstone Inc. and its affiliate Obstacle Systems Inc., operating as Drip Drop Waterproofing Inc., received the largest proposed penalty of $198,615 for willfully exposing employees to cave-in and struck-by hazards.

Q.How can the cited employers respond to the OSHA citations?

Each cited employer has 15 business days from receipt of their 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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