Federal Work-Safety Officials Watching New Jersey Construction Sites

April 03, 2011 (Press-News.org) The United States Department of Labor's Occupational Safety and Health Administration recently cited a Rochelle Park, N.J., contractor for four repeat violations and one serious violation because of unsafe scaffolding in renovation of the Somerville, N.J., train station. Federal workplace safety inspectors found the contractor put workers at risk of potential falls.

OSHA has proposed fines of $69,300, although a company representative said the contractor plans to fight the charges, which it had 15 business days to do.

History of Noncompliance

The contractor, Beno Stucco Systems, was cited for repeat violations because it had already faced citations for similar violations in 2009 and 2007, said an OSHA spokeswoman. Beno reportedly negotiated a $12,000 settlement for the 2009 citations and a $7,000 settlement for the 2007 citations.

The serious violation charge relates to an allegation of failure to adequately inspect the worksite.

The company says no workers were hurt because of the earlier violations. However, Patricia Jones, director of OSHA's Avenel-area office, says the contractor's "refusal to implement proper fall protections reflects a careless approach to workplace safety, leaving workers at risk of serious injury and possible death." In an unrelated press release, Jones is quoted as cautioning that "[f]alls remain one of the leading causes of fatalities on construction sites."

Severe Violator Enforcement Program

OSHA has added Beno Stucco Systems to its new Severe Violator Enforcement Program as a repeat violator. SVEP was implemented in mid-2010 and focuses on inspecting employers who have significantly neglected their workplace responsibilities under federal work-safety laws, creating the real potential for serious harm to employees.

SVEP replaces the narrower Enhanced Enforcement Program, known as EEP. To coordinate federal SVEP enforcement efforts with state governments, each state must either adopt SVEP or a state government equivalent program.

The program targets High-Emphasis Hazards, also called HEHs, including certain fall hazards and others from National Emphasis Programs addressing:
- Combustible dust
- Lead and silica
- Evacuation and trenching
- Shipbreaking
- Amputations
- Hazardous chemical management

SVEP only encompasses "high gravity serious violations" and not those considered "low and moderate." Broadly, the ways for an employer to fall under the program are by committing "willful, repeated, or failure-to-abate violations in":
- "Fatality or catastrophe situation(s)"
- "Potential release of ... highly hazardous chemical(s)"
- Employee exposure to HEHs and the "most severe occupational hazards"
- "Egregious actions"

Severe violators are subject to:
- Compulsory follow-up inspections at any related worksites nationwide
- Heightened employer "awareness of OSHA enforcement," including notification to company headquarters of site-specific violations; press releases about violations; OSHA letters to company presidents and employee representatives; and meetings with OSHA, employers, employee representatives and unions
- Company-wide settlement agreements that may include hiring independent safety consultants, implementing safety programming or interim abatement measures, and enhancing reporting measures

Significantly, an OSHA final order may also be enforced by a federal court order and an employer in violation of such court order can be found in contempt of court.

Increased Penalties

David Michaels of OSHA said the agency is raising monetary penalty amounts. A news release says that average and maximum penalties will increase under the new program, including a large jump in the maximum fine for a "willful violation" from $70,000 to $250,000.

In 40 years, these penalties have been raised one time; future hikes will depend on the inflation rate.

Liability to Employees and Third Parties

The new program is designed to address and prevent the most serious workplace safety violations and penalize severe, repeat violators. SVEP is not designed to provide compensation to private parties who are hurt in construction site accidents and other unsafe worksite mishaps.

However, injured workers do have legal rights and may be entitled to compensation through workers' compensation or by bringing lawsuits for damages for their injuries or illnesses. An at-fault employer's placement in SVEP and the surrounding circumstances may be important evidence in a related personal injury or wrongful death lawsuit.

According to an OSHA news release, "tens of thousands" of Americans die from workplace disease and almost 5 million workers get serious workplace injuries annually. Visitors are also at risk from safety violations in the workplace.

If you have been injured by an unsafe working condition, contact a personal injury attorney to determine whether you have a claim for compensation for medical bills, wage loss, pain and suffering, or other related costs. Likewise, if a family member or other loved one has died in a work-related accident, you should consult with a lawyer immediately about your legal remedies.

Article provided by Drazin and Warshaw, P.C.
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