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
Source document (simplified)
News Release
New York roofing contractor enters into settlement agreement with US Department of Labor after willfully failing to protect worker in 2021 fatal fall
NEW YORK – A Long Island roofing contractor has entered into a settlement agreement with the U.S. Department of Labor to resolve willful safety violations found after an employee sustained fatal injuries from an 18-foot fall through an unprotected skylight in August 2021.
An investigation by the department’s Occupational Safety and Health Administration found that DME Construction Associates Inc. exposed workers to falls of up to 22 feet at unguarded roof openings and roof edges. OSHA found that the employer failed to provide any personal fall protection equipment to employees at the Oyster Bay municipal building worksite where workers were replacing a steel roof decking.
The settlement affirms all citations issued to DME Construction Associates, including 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.
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, and requiring all DME supervisors to complete OSHA’s 30-hour construction safety training.
DME Construction Associates and owner Peter Chardon await an April sentencing date after pleading guilty in November 2025 to a criminal violation of the Occupational Safety and Health Act related to this fatality.
Learn more about OSHA and protecting workers against falls.
Agency Occupational Safety & Health Administration Date January 26, 2026 Release Number 26-76-BOS Media Contact: Erika Ruthman Phone Number 678-237-0630 Email ruthman.erika.b@dol.gov Media Contact: Eric R. Lucero Phone Number 678-237-0630 Email lucero.eric.r@dol.gov Media Contact: Erika Ruthman Phone Number 678-237-0630 Email ruthman.erika.b@dol.gov Share This
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