Rely on Occupational Safety & Health ReporterSM for full news coverage and documentation of federal and state workplace safety and health programs, standards, legislation,...
By Sam Pearson
July 7 — A New York contractor is liable for nearly $250,000 in fines for allegedly failing to protect workers from scaffolding falls, the Occupational Safety and Health Review Commission ruled ( Sec'y of Labor v. Flintlock Constr. Servs. LLC, OSHRC, No. 12-2181, decision 5/20/16 ) .
The Occupational Safety and Health Administration announced July 6 that the review commission upheld $249,920 in penalties against Flintlock Construction Services LLC of Mamaroneck, N.Y., in a May 20 decision. Flintlock has since petitioned the commission for discretionary review.
OSHA alleged an inspection in March 2013 found workers constructing a 23-story Fairfield Inn & Suites in Manhattan were not protected from potentially fatal scaffolding falls of up to 26 feet as required under OSHA's scaffold standard. The hotel, for which Flintlock served as the general contractor, is part of the Marriott International Inc. chain.
OSHA proposed the fines Sept. 24, 2013.
At the time, OSHA also fined Flintlock an additional $16,720 for other safety issues. The agency also proposed $22,800 in fines for four subcontractors.
“This was a clear case of an employer knowingly placing its employees at risk of deadly or disabling injuries caused by the number one killer in construction work—falls,” OSHA Region 2 Administrator Robert Kulick said in a statement July 6.
Challenging the violations, Flintlock argued some of the violations were not willful because its employees did not know about the hazards and had tried to comply with safety rules.
Chief Administrative Law Judge Covette Rooney rejected the company's arguments after a two-day hearing in July 2015. Rooney wrote the proposed penalties “are appropriate and are assessed.”
The company is an open-shop contractor and says on its website its “combination of innovative open shop construction capabilities and leveraging highly skilled tradesmen not subject to collective bargaining agreements, enables Flintlock to complete projects at 20 to 30 percent lower cost than closed shop construction companies, while maintaining the highest standards of quality and safety.”
Company representatives did not return a request for comment July 7.
To contact the reporter on this story: Sam Pearson at firstname.lastname@example.org
To contact the editor responsible for this story: Larry Pearl at email@example.com
The decision is available at http://src.bna.com/gAp.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)