On April 15, the local power utility alerted OSHA investigators about workers constructing a five-story apartment building too close to nearby power lines. After arriving at the site, OSHA inspectors found employees at risk of electrocution as they worked from a metal scaffold erected within five feet of high-voltage power lines.
OSHA informed the project’s developer, Litana Development Inc. of Wayne and two subcontractors, Prata Construction LLC of Denville – a carpentry contractor – and Elite Brothers Construction LLC of Paterson – a stucco contractor – of the dangers and told them work must not continue. The agency subsequently posted an Imminent Danger Notice in English and Spanish to warn workers at the site about the extreme danger.
On July 15, OSHA found work had once again been performed dangerously close to the power lines. On August 2, the court entered a more restrictive Modified Consent Injunction which provided for third-party monitoring and physical barriers to ensure workers would be kept safe.
“Litana Development and its subcontractors willfully exposed workers to potentially deadly electrocution hazards by making them work too close to energized power lines,” said OSHA Regional Administrator Richard Mendelson in New York. “Despite repeatedly being told of the danger involved with this construction project, the companies ignored warnings and even a court order.”
OSHA issued citations and penalties as follows: Litana Development Inc., three willful citations and a $435,081 fine; Prata Construction LLC, one willful and two serious violations and a $41,478 fine, and for Elite Brothers Construction LLC, one willful and three serious violations and a $41,478 fine.
“The U.S. Department of Labor will use all available enforcement tools to protect workers’ safety, and to ensure violations are remedied to prevent tragedies,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York.