Region 2 News Release: 10-1690-PHI (osha 11-001)
Jan. 5, 2011
Contact: Joanna Hawkins Leni Fortson
Phone: 215-861-5101 215-861-5102
E-mail: hawkins.joanna@dol.gov uddyback-fortson.lenore@dol.gov

US Labor Department's OSHA fines Newark, NJ,
construction company $58,000 for not protecting workers against falls

NEWARK, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration has issued citations to Newark-based Discovery Construction Corp. for not protecting its workers against fall hazards at its Monroe, N.J., worksite. Proposed penalties total $58,080.

OSHA initiated an inspection as part of its local emphasis program on fall hazards in construction. As a result of the inspection, the company was cited for three repeat citations with a $48,840 penalty and two serious citations with a $9,240 penalty.

"Falls remain one of the leading causes of fatalities on construction sites," said Patricia Jones, director of OSHA's Avenel Area Office in New Jersey. "Employers are responsible for providing workers with basic fall protection to prevent potential injuries."

The repeat citations were due to the company's failure to provide fall protection to employees working on roofs approximately 11 feet above ground level, to extend two ladders 3 feet above the work area and to protect employees from eye injuries while using pneumatic nail guns. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

The serious citations were due to the company's failure to conduct frequent and regular inspections of the jobsite, and to maintain contact with a ladder when accessing the roof while carrying equipment. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

To read detailed information on fall protection standards, visit OSHA's website at http://www.osha.gov/SLTC/fallprotection/index.html.

Discovery Construction Corp. has 15 business days from receipt of its citations to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Avenel Area Office; telephone 732-750-3270. To report workplace incidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.