Region 2 News Release:   NY 200
October 5, 2000
Contact: Chester J. Fultz
PHONE: 212-337-2319

The U.S. Labor Department's Occupational Safety and Health Administration has cited Kandey Company, Inc., of 19 Ransier Drive, West Seneca, New York, and proposed penalties of $35,100 against the firm for one alleged willful and one alleged serious violation of OSHA standards. The company has until October 20 to contest the citations.

According to OSHA area director David Boyce, the action results from an investigation conducted from June 6 to August 30 at a construction site on Harris Hill Road near Wehrle Drive in the Town of Lancaster. The investigation was begun after OSHA received a report of employees working in an excavation deeper than five feet with no protection against cave-in.

OSHA alleges that the company willfully violated OSHA's trenching standard by failing to properly protect employees from cave-ins while working in an excavation. The alleged willful violation carries a proposed penalty of $33,000.

OSHA also cited the employer for one alleged serious violation carrying a proposed penalty of $2,100 for failure to protect workers from excavated or other material that could fall or roll into the excavation.

The citations mark the second time this year that Kandey Company was cited for violating OSHA trenching standards. The previous violation was observed during an inspection on April 19 in Cheektowaga, New York.

A willful violation is defined by OSHA as one committed with an intentional disregard for, or plain indifference to, the requirements of the OSHA act and regulations. A serious violation is defined as a condition which exists where there is a substantial possibility that death or serious physical harm can result.

The investigation was conducted by OSHA's Buffalo area office, located at 5360 Genesee Street, Bowmansville, New York, telephone (716) 684-3891.