OSHA settles with DME Construction over fatal fall through skylight

Setauket, New York-based roofing contractor DME Construction Associates Inc. has entered into a settlement agreement with the U.S. Department of Labor (DOL) to resolve willful safety violations

On Aug. 19, 2021, an employee died from a 19-foot fall through an unprotected skylight at the Town of Oyster Bay Solid Waste Disposal Complex in Old Bethpage, where workers were replacing a steel roof decking.

An OSHA investigation found that DME exposed workers to falls of up to 22 feet at unguarded roof openings and roof edges.

OSHA also found that the employer failed to provide any personal fall protection equipment to employees at the site.

Nine willful violations for not protecting roof openings

OSHA issued 13 citations to DME as a result of the incident, totaling over $1.2 million. These include nine willful violations, eight of which were egregious per-instance citations for DME's failure to provide fall protection for each of the eight employees who worked on the roof.

According to 29 CFR §1926.760 - Fall Protection for Steel erection, employees working where there is a fall hazard greater than 15 feet must be protected by guardrails, safety nets, personal fall arrest systems, positioning devices, or fall restraint systems.

Throughout the workday, employees worked and walked near the unprotected roof edges on the north and south sides of the roof. Each time an existing metal roof panel was lifted and removed from the roof, it created new unprotected edges. These edges ranged from 16 to 19 feet above the ground.

Skylights uncovered, unsecured, and unmarked

While replacing roof panels, employees worked and walked near two translucent, fiberglass skylights on the north and south sides of the roof that were around 19 feet above the ground.

OSHA found three engineering control issues with skylight protection:

1. The north skylight was covered by a metal roof panel that was not secured to prevent accidental displacement.
2. The north skylight was not painted with high-visibility paint or marked with the word "hole" or "cover."
3. The south skylight was not decked over or otherwise covered prior to beginning the job and while employees were performing steel erection activities.

Crane operator manual, inspection records missing

In addition, DME employees used a telescoping crane while performing steel erection work. During OSHA’s inspection, the operator's manual was not in the cab while the crane was in operation and the crane operator did not know where it could be found.

OSHA cited DME for not keeping the manual in the cab, as well as for not retaining required documentation related to the annual comprehensive inspection of the crane for a minimum of 12 months.

Repeat violation at another site

In Oct. 2022, OSHA cited DME for a repeat violation at a site in Rye, New York.

An employee removing tape and inspecting leading-edge flashing on a roof structure was exposed to a serious fall hazard of approximately 20 feet due to not being protected by either guardrails, safety nets, or a personal fall arrest system.

DME was previously cited for violating this standard in 2019 at a South Hampton, New York worksite.

Company must permit warrantless OSHA entry

OSHA said the settlement affirms all citations it has issued to DME.

Under the agreement, DME must pay a $600,000 penalty and implement enhanced abatement measures to improve safety for workers, including:

• Developing a comprehensive written company safety plan
• Ensuring and documenting there is enough fall protection equipment for every worker on every jobsite
• Notifying OSHA of all upcoming jobs at least a week in advance
• Permitting warrantless entry by OSHA at all worksites
• Requiring all DME supervisors to complete OSHA’s 30-hour construction safety training
• Complete hazard abatement verification for each violation

DME Construction Associates and owner Peter Chardon await an April sentencing date after pleading guilty in Nov. 2025 to a criminal violation of the Occupational Safety and Health Act related to this fatality.

The Oyster Bay Solid Waste Disposal Complex is a municipal transfer station and recycling center built on the site of the Old Bethpage landfill, which is an EPA Superfund remediation site. Local news reported the town took initial steps to convert the site to a transfer station in 2019.

According to Google Earth imagery, the buildings at 101 Bethpage-Sweet Hollow Road - including the building where the incident occurred - were demolished in 2025.