Bronx contractor fined $66,600 by US Department of Labors OSHA for exposing workers to serious fall hazards

BRONX, N.Y. — Kay Waterproofing Corp., a masonry and waterproofing contractor based in the Bronx, has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for 13 serious safety violations — including fall and scaffolding hazards — found at a residential building in Edgewater, N.J. OSHA initiated its December 2013 investigation after an imminent danger complaint was made and has proposed $66,600 in penalties.

"Falls remain the deadliest hazard in the construction industry. The safety and well-being of employees depends on effective fall protection on all job sites," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Employers are responsible for ensuring safe and healthful workplaces and will be held accountable when they fail to do so."

Other cited violations included the failure of the company to provide eye protection for employees chipping and cutting masonry; provide hard hats where overhead hazards existed; ensure equipment had an electrical grounding pin and was properly guarded and protected; and ensure ladders were used for the designed purpose and were not defective. A serious violation occurs 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.

OSHA will hold a National Safety Stand-Down from June 2-6 to raise awareness among employers and workers about the hazards of falls, which account for the most deaths in the construction industry. The stand-down is part of OSHA's ongoing Fall Prevention Campaign. The campaign, which started in 2012, was developed in partnership with the National Institute for Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. The campaign provides employers with lifesaving information and educational materials on how to plan to prevent falls, provide the right equipment for workers and train employees in the proper use of that equipment.

For more information on scaffolding safeguards, visit http://go.usa.gov/KMH3.

Kay Waterproofing Corp. has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA's area director in Hasbrouck Heights, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Hasbrouck Heights Area Office at 201-288-1700.

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 ensure 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.