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Region 2 News Release: 10-1089-NEW (osha 10-175)
Aug. 4, 2010
Contact:Leni Fortson
Phone: 215-861-5102
E-mail: uddyback-fortson.lenore@dol.gov

US Labor Department's OSHA fines New York concrete contractor $210,000
for failing to comply with settlement agreement designed to abate worker exposure
to fall hazards

NEW YORK - The U.S. Department of Labor's Occupational Safety and Health Administration has issued a failure to abate notice to 160 Broadway Corp., doing business as Broadway Concrete, for failing to comply with the terms of a settlement agreement designed to eliminate worker exposure to fall hazards. Proposed penalties total $210,000.

The company entered into the agreement after being cited for fall hazards at a Jersey City, N.J., construction project in June 2008.

"Broadway Concrete's refusal to honor the requirements of this agreement reflects an irresponsible approach to worker safety and health, leaving workers vulnerable to injuries and possible fatalities," said Robert Kulick, OSHA's regional administrator in New York. "This situation is unacceptable and will not be tolerated."

OSHA initiated a follow-up inspection on Jan. 26, 2010, to verify that the company had met the conditions stipulated by the agreement. Inspectors found that the company had failed to comply with the settlement agreement by not informing OSHA that it had performed work on eight sites in New York City and had failed to properly address fall protection methods on those sites. The company also failed to properly document a hazard assessment of various worksite tasks and to confirm the qualifications of the chief construction operations and the safety director.

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