Federal safety regulators have proposed $648,000 in penalties against six contractors over alleged hazards at an excavation reaching 75 ft deep on a mixed-use project in Monroe, N.Y..
The U.S. Occupational Safety and Health Administration announced Oct. 13 that it issued 23 serious and five willful citations to general contractor Advanced Plan and Build LLC and five subcontractors working on Monroe Commons, an approximately 408,000-sq-ft commercial development in Orange County, about 50 miles north of New York City.
OSHA opened its investigation after receiving an allegation that workers were exposed to struck-by and collapse hazards while working below a steep embankment. Inspectors found the nearly 75-ft-high embankment was unstable and not adequately sloped or shored, according to the agency.
Advanced Plan and Build and Highland Mills, N.Y.-based site preparation contractor, The Paving Masters, received willful citations for allegedly exposing workers to cave-in and struck-by hazards. Parkstone Inc. and Obstacle Systems Inc., operating as Brooklyn-based Drip Drop Waterproofing Inc., also received a willful citation for alleged cave-in and struck-by hazards.
OSHA also cited Advanced Plan and Build and Paving Masters for allegedly failing to ensure that the excavation, which ranged from 21 to 75 ft deep, was designed by a registered professional engineer.
Manorville, N.Y.-based Century Max Industries Corp., a poured-concrete foundation and structure contractor, and Brooklyn-based Prime Structure Inc. received serious citations for alleged cave-in and struck-by hazards, as did DelValle Contractor. OSHA additionally cited contractors for alleged fall-protection and chemical hazards and for failing to ensure daily excavation inspections by a competent person.
Proposed penalties include $198,615 for Parkstone and Obstacle Systems; $188,684 for Paving Masters; $175,444 for Advanced Plan and Build; $46,340 for Century Max; $19,860 for Prime Structure; and $19,151 for DelValle.
ENR sought comment from the six cited contractors, but none immediately responded.
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Project records describe Monroe Commons as a four-story development on an approximately 18-acre site. Plans include retail and office space and a 75-room hotel. The development requires extensive site work, with project environmental documents estimating approximately 143,000 cu yd of excavation and 152,000 cu yd of fill.
The citations and penalties are proposed. The contractors have 15 business days from receipt to comply, request an informal conference with OSHA or contest the findings before the Occupational Safety and Health Review Commission.