Upstate N.Y. Building Contractor Contests $169K Safety Fine

By John Herzfeld

An upstate New York construction contractor has contested OSHA citations carrying $168,587 in penalties for violations of fall protection, lead and asbestos rules, according to agency records.

Capital Siding & Construction LLC of Latham, N.Y., Feb. 7 contested 16 serious citations issued by the Occupational Safety and Health Administration after a July 2016 inspection of a commercial building renovation and conversion site in Albany, where 16 non-union workers were employed.

All three construction safety standards are the subjects of OSHA enforcement emphasis programs.

In violations of the agency’s lead standard, the inspection found that the employer had failed to determine employee exposure, provide hand-washing facilities, have a hazard communication program or ensure proper vacuuming and cleanup of dust and debris.

Fall Hazards Alleged

The fall protection citations alleged violations of rules for guarding or securing floor sides and edges, holes, floor openings, stairways, wall openings, chutes and material-dumping areas.

The asbestos violations alleged inadequate controls on employee exposure, including having a regulated area, a competent supervisory person, proper dust cleanup, protective clothing and dust and debris disposal.

Although the agency normally publicizes fines of that size, it hasn’t put out a news release since just before the Jan. 20 inauguration of President Donald Trump. The case was reported in Albany news outlets Feb. 13 and 14.

Capital Siding and a related company, Abar Construction, didn’t respond to a phone message requesting comment on the citations.

To contact the reporter on this story: John Herzfeld in New York at

To contact the editor responsible for this story: Larry Pearl at

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