The U.S. Department of Labor (DOL) has recently reached a settlement agreement with a New Jersey building contractor, emphasizing the importance of ensuring worker safety and the potential consequences for negligence. Small and midsize business owners must take heed of this case, which highlights the significance of protecting workers from hazardous conditions.
Contractor Fails to Protect Worker Safety
The case involved a building contractor based in New Jersey, which permitted workers employed by four subcontractors to work near high-voltage power lines at a work site in 2021 and 2022. The Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted inspections in the fall of 2021 and the spring of 2022 and found that workers were exposed to potentially life-threatening electrical hazards.
During its 2021 inspection, OSHA discovered that the building contractor, acting as the general contractor, allowed workers to erect scaffolds and work within five to seven feet of live power lines. As a result, OSHA issued two willful citations to the building contractor and two willful citations to the subcontractors. Subsequently, inspectors returned in 2022 and found that workers were once again exposed to the same hazards.
In response to these repeated violations, OSHA posted an imminent danger notice, and the Department of Labor’s Office of the Solicitor obtained a temporary restraining order in federal court, followed by a consent injunction. This injunction mandated that the building contractor and its subcontractors cease all work within 11 feet of the power lines. Despite this legal action, OSHA issued three more willful citations to the building contractor for the 2022 violations. To ensure worker safety and eliminate the hazard, the company had the power lines relocated across the street.
This case serves as a stark reminder that employers must prioritize the safety of their workers. OSHA Regional Administrator Richard Mendelson in New York emphasized that the building contractor faced these consequences because the employer failed to protect its workers. The settlement holds the company accountable for its actions and aims to create safer job sites for employees.
A Safer Future
The agreement reaffirms all OSHA citations issued for the company’s failure to protect workers in both 2021 and 2022 and imposes $180,000 in penalties. Additionally, the building contractor must implement enhanced abatement measures, including:
- Creating a written safety plan and submitting it to OSHA.
- Retaining a qualified safety professional to complete a job hazard analysis for all current and future worksites.
- Informing OSHA about all current and future worksites.
- Implementing a subcontractor management plan, which includes requiring onsite managers of subcontractors to complete 30-hour OSHA training and onsite employees of subcontractors to complete 10-hour OSHA training.
- Regional Solicitor of Labor Jeffrey S. Rogoff in New York emphasized the settlement’s importance in ensuring employer accountability and providing protections for the building contractor and its subcontractor workers to prevent future exposure to dangerous power lines or other hazards. This case demonstrates the Department of Labor’s unwavering commitment to using litigation tools to enforce workplace safety laws.
Conclusion
The building contractor case highlights the significance of ensuring worker safety and adhering to workplace safety laws. Small and midsize business owners must prioritize the well-being of their employees and adhere to safety regulations to avoid severe legal consequences and protect their workforce from hazards. Workplace safety is not optional; it is a fundamental responsibility that all employers should uphold.