Construction Injury News

Fatal Manhattan Construction Accident Results in OSHA Citations & $60,000 in Proposed Penalties for New York City Employer

NEW YORK -- Exposing employees to fatal safety hazards at a Manhattan construction site has resulted in a New York City employer being cited and fined $60,000 by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

OSHA has cited DCM Erectors, of 110 East 42nd Street, New York, NY, for alleged serious and repeat violations of the Occupational Safety and Health Act after the agency investigated an accident on Dec. 6, 2002, in which a company employee was killed in a fall at a construction site at 731 Lexington Ave.

The most significant citation is an alleged "repeat" violation that directly relates to the accident, in which an employee fell through an unprotected floor opening and plunged to his death on a steel deck 35 feet below. The citation includes a proposed penalty of $50,000 and charges the employer with failing to provide proper fall protection for employees working next to an unguarded floor opening. DCM Erectors had been cited for a similar violation at the same site on Oct. 15, 2002.

"This employer was cited previously for a similar violation on this same project, yet continued to expose employees to the same hazards knowing full well the potential for a serious accident," said Richard Mendelson, OSHA's area director in Manhattan. "This outrageous flaunting of the law had very tragic consequences."

OSHA is also citing DCM Erectors for two alleged "serious" violations, each carrying a proposed penalty of $5,000, for failing to train employees exposed to fall hazards in how to recognize and minimize those hazards and for failing to require employees to use eye protection in hazardous situations.

A serious citation is issued when death or serious physical harm could result from a hazard about which the employer knew, or should have known. A repeat violation occurs when a company has been cited for similar violations within the past three years and the citation has become a final order.

DCM Erectors has 15 business days from receipt of their citations and proposed penalties to elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. The OSHA area office in Manhattan conducted the inspection. Its telephone number is 212-620-3200.

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	Did You Know?
	It isn't necessary for someone to witness your construction accident in order to sue and recover money damages. If your version of the construction accident, at the site, in the hospital and in testimony you have given to you lawyer do not conflict and no one has directly contradicted your account, you may still be able to sue and recover money damages for your injuries even though there were no witnesses.