Bronx Contractor Whose Worker Suffered Fatal Fall to Take Corrective Actions, Pay $169K in Penalties, After US DOL Investigation, Litigation

New York, NY (WorkersCompensation.com) - Type of action:                       Stipulated Settlement Agreement

Company:                               Everest Scaffolding Inc., Bronx, N.Y.

Allegations:                           The U.S. Department of Labor’s Occupational Safety and Health Administration cited Everest Scaffolding Inc. for several fall-related hazards in May 2021, following the November 2020 death of a 21-year-old laborer, who fell nearly 50 feet as he installed a supported tubular welded frame scaffold during construction of a seven-story Brooklyn building. Among the violations, OSHA found Everest Scaffolding failed to provide adequate fall protection and training for its employees. Everest Scaffolding contested the citations and penalties to the independent Occupational Safety and Health Review Commission initially.

Resolution:                            Everest Scaffolding has now agreed to pay $169,000 in penalties for two willful and two serious violations and affirms it has corrected the cited violations. The company also has agreed to comply in the future with the Occupational Safety and Health Act. In addition, it will enhance its internal safety guidelines regarding scaffolds and fall protection, create a job hazard analysis for each job, implement a pre-shift safety meeting form and daily inspection checklist, retrain employees on fall hazards and notify OSHA’s Manhattan Area Office of upcoming jobs.

Court:                                     U.S. Occupational Safety and Health Review Commission

Docket Number:                   21-0548: Secretary of Labor v. Everest Scaffolding Inc.

Quotes:                                  “No settlement can restore a worker to their family, friends and coworkers but this agreement upholds OSHA’s findings and commits Everest Scaffolding Inc. to substantive and ongoing changes in its safety programs and procedures to enhance fall protection and scaffolding safety for its employees and to prevent falls from occurring in the future,” said OSHA Regional Administrator Richard Mendelson in New York.

“This settlement reflects the U.S. Department of Labor’s resolve to pursue and achieve settlements that address past violations and implement changes that improve worker safety and health moving forward,” said Regional Solicitor of Labor Jeffrey Rogoff in New York.

OSHA’s Manhattan area office conducted the investigation and issued the citations. Senior Trial Attorney Andrew Karonis of the regional Office of the Solicitor in New York litigated the case for OSHA.           

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