OSHA fines six contractors nearly $650K for excavation hazards at Monroe Commons

OSHA has proposed a combined $648,094 in penalties for six construction employers for willful and serious safety violations involving excavation hazards at the site of a planned mixed-use commercial building in Monroe, New York.

The agency responded to an allegation of struck-by and collapse hazards associated with a large excavation at the Monroe Commons project - also known as Magna Square development - a planned 4-story, approximately 408,000 square-foot mixed-use commercial building with retail, office space, and a 39-room hotel located on an 18-acre site.

The excavation had a steep, unstable embankment nearly 75 feet high which was not adequately sloped or shored.

Employees exposed to falling soil and rock

OSHA issued a total of 23 serious and five willful citations to the project’s general contractor and five subcontractors for failing to protect employees from cave-in, struck-by, and chemical hazards; neglecting to shield employees from falling or rolling rock and soil from an excavation face; and not ensuring daily inspections of excavations were conducted by a competent person.

Advanced Plan and Build LLC, along with subcontractors Parkstone Inc., The Paving Masters LLC, and Obstacle Systems Inc. - operating as Drip Drop Waterproofing Inc. - received citations for willfully exposing employees to cave-in and struck-by hazards from an unprotected excavation.

OSHA also cited Advanced Plan and Build, as well as The Paving Masters for their willful failure to ensure that the excavation, which was between 21 and 75 feet deep, was designed by a registered professional engineer.

Subcontractors Century Max Industries Corp., DelValle Contractor, and Prime Structure Inc. were cited for serious violations for failing to protect employees from cave-in and struck-by hazards.

DelValle and Parkstone Inc. and Obstacle Systems Inc. also received citations for serious violations related to lack of fall protection and chemical hazards.

OSHA proposed the following penalties:

• Advanced Plan and Build LLC - $175,444
• Century Max Industries Corp. - $46,340
• DelValle Contractor - $19,151
• Parkstone Inc. and Obstacle Systems Inc. - $198,615
• Prime Structure Inc. - $19,860
• The Paving Masters LLC - $188,684

The employers have 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission (OSHRC).