An Occupational Safety and Health Administration (OSHA) investigation carried by the U.S. Department of Labor into a Nov. 13, 2020 construction incident which resulted in the death of a 21-year-old laborer has determined that Bronx-based company, Everest Scaffolding Inc., failed to ensure the laborer’s fall arrest harness was attached, as required.
Falls are the leading cause of fatalities in construction, a fact sadly illustrated by the death of the 21-year-old, and others, as reported recently by Norwood News. The laborer in question who was the subject of the federal level investigation fell nearly 50 feet as he installed a supported tubular welded frame scaffold during the construction of a seven-story Brooklyn building.
OSHA area director, Kay Gee, based in Manhattan, said, “This tragedy could have been prevented if Everest Scaffolding had provided appropriate training on fall hazards, and had ensured workers were using fall protection correctly.”
OSHA proposed $300,370 in penalties for two willful and two serious safety violations. The agency found that the company:
– failed to evaluate the feasibility of using fall protection, and failed to use feasible fall protection during the erection of a supported scaffold;
– did not properly train employees on fall hazards associated with scaffold work;
– failed to inspect fall arrest systems before use;
– did not determine if the anchorage for employees’ personal fall arrest systems could support at least 5,000 pounds.
The citations can be viewed by clicking on the link.
Everest Scaffolding Inc., located at 1150 Longwood Ave in the Soundview section of The Bronx, has contested OSHA’s findings to the independent Occupational Safety and Health Review Commission. Norwood News reached out to the company more than once for comment. We did not received an immediate response.
A post on the company’s website states, “Everest Scaffolding, Inc. won its first project on April 4th, 2005 because of Founder/President Christopher “Jimmy” Downes’ reputation for Safety and Quality.”
It continues, “Our Mission is to ensureSafety and Quality from first contact for a sidewalk bridge, hoist, and/or pipe scaffolding proposal, to ordering quality materials and hiring only OSHA and 32 Hour card holder employees. Everest holds AM Best Rated Insurance of A+, which was achieved due to Everest’s safety record.”
The bulk of the company’s projects seem to be in Manhattan, according to its website, including some high profile ones like the Empire State Building and The Enterprise on the Intrepid.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure such safe conditions are met to protect construction workers. According to the agency, it does this by setting and enforcing standards, and by providing training, education and assistance. Learn more about OSHA.
Meanwhile, following a series of other construction related falls, including one recently reported by Norwood News in the South Bronx, the New York City Department of Buildings announced on Tuesday, June 1, that teams of DOB enforcement inspectors would be deployed across the five boroughs to perform safety sweeps on “the city’s larger and more complex construction sites,” to ensure they are safe for both workers and the public.
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It is possible to reduce your overall construction costs and prevent litigation costs and attorney fees by providing proper safety training to your employees. According to local law, 196 in NYC workers are required to complete a certain amount of safety training hours. The most convenient way for a worker to receive a combined 40 hours of training is to complete a 30 Hour OSHA training program, https://www.ablesafety.com/course/8-hour-fall-prevention-online, and a 2 Hour Drug and Alcohol Awareness Course (Online)