NY Contractor Settles $600k Penalty for Safety Violations
Summary
A New York roofing contractor, DME Construction Associates Inc., has settled with the U.S. Department of Labor for $600,000 following a fatal fall in 2021. The settlement resolves willful safety violations, including failure to provide fall protection, and requires enhanced safety measures.
What changed
The U.S. Department of Labor, through OSHA, has reached a settlement agreement with DME Construction Associates Inc. concerning willful safety violations that led to a fatal fall in August 2021. The company will pay a $600,000 penalty and has agreed to implement significant safety enhancements, including developing a comprehensive safety plan, ensuring adequate fall protection for all workers, notifying OSHA of all upcoming jobs, permitting OSHA entry, and requiring supervisors to complete OSHA's 30-hour safety training. This settlement affirms all citations, including nine willful violations and eight egregious per-instance citations for failing to provide fall protection.
This action has immediate implications for DME Construction Associates, requiring strict adherence to the new safety protocols and the substantial penalty payment. The company's owner has also pleaded guilty to a criminal violation of the Occupational Safety and Health Act, with sentencing scheduled for April 2026. Other construction firms should view this as a strong signal regarding the enforcement of fall protection standards and the severe consequences, including financial penalties and criminal charges, for non-compliance, especially in cases involving fatalities.
What to do next
- Implement comprehensive written company safety plan
- Ensure and document adequate fall protection for all workers on every jobsite
- Notify OSHA of all upcoming jobs at least one week in advance
Penalties
$600,000 penalty
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