ConDig (20-Oct-22). The Occupational Safety and Health Administration (OSHA) has fined a developer and two subcontractors for exposing employees to potentially lethal dangers by allowing them to work near energized power lines on a New Jersey project.
The scheme’s developer, Litana Development Inc. of Wayne, was fined $435,081; carpentry contractor Prata Construction LLC of Denville $41,478 and Elite Brothers Construction LLC $41,478.
“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.
“Despite repeatedly being told of the danger involved with this construction project, the companies ignored warnings and even a court order.”
A local power utility alerted OSHA in April about workers constructing a five-story apartment building too close to nearby power lines. After arriving at the site, OSHA said its inspectors found employees at risk of electrocution as they worked from a metal scaffold erected within five feet of high-voltage power lines.
The agency then posted an Imminent Danger Notice in English and Spanish to warn workers at the site about the extreme danger.
In June, the department’s Regional Office of the Solicitor secured a temporary restraining order to enforce OSHA’s Imminent Danger Notice. Attorneys for the department and Litana negotiated a consent injunction, entered on July 5 to resume work as long as workers remained 11 feet away from the power lines.
OSHA found that work had once again been performed dangerously close to the power lines. Then in August, the court entered a more restrictive Modified Consent Injunction which provided for third-party monitoring and physical barriers to ensure that workers would be kept safe.
The companies have 15 business days from receipt of its citations and penalties to comply, request an informal conference with each of OSHA’s area directors, or contest the findings before the independent Occupational Safety and Health Review Commission.
Earlier this month, OSHA fined a Missouri-based contractor $58,008 following a deadly trench collapse.