Region 2 News Release:   NY 206
October 28, 1999
Contact: Chester J. Fultz
PHONE: 212-337-2319

The U.S. Labor Department's Occupational Safety and Health Administration has cited Laquila/Pinnacle JV, of 516 West Boston Post Road, Mamaroneck, New York, and proposed penalties of $179,500 against the firm for eight alleged repeat violations, seven alleged serious violations, and one alleged other-than-serious violation of OSHA standards. The company has until November 18 to contest the citations.

According to OSHA area director Robert D. Kulick, the action results from investigations conducted at three construction sites in New York City from April 27 through June 10 following complaints of employees being exposed to fall hazards. The contractor was engaged in concrete construction work on three condominium projects on Manhattan's East Side: 1356 Third Avenue, 400 East 90th Street, and 351 East 61st Street.

The firm was cited for eight alleged repeat violations carrying a total proposed penalty of $150,000, for not providing employees with fall protection, not ensuring that floor holes were covered, and not properly locating job ladders.

A repeat violation is one for which an employer has been previously cited for the same or a substantially similar condition and the citation has become a final order of the Occupational Safety and Health Review Commission. The firm was previously cited for these conditions at construction sites at 48-18 Fifth Street, Long Island City, New York, and 240 East 39th Street, Manhattan, in August, 1998.

The alleged serious violations for which the employer was cited included not providing eye protection, not providing hard hats, not providing fall-hazard recognition training, and not providing ladder-hazard recognition training, with a total proposed penalty of $29,500.

The firm was also cited for not providing enough toilets for the workers, an alleged other-than-serious violation.

A serious violation is defined as a condition which exists where there is a substantial possibility that death or serious physical harm can result. An other-than-serious violation is a hazardous condition that would probably not cause death or serious physical harm but would have a direct and immediate relationship to the safety and health of employees.

The investigation was conducted by OSHA's Manhattan area office, located at 6 World Trade Center, room 881, New York, New York, telephone (212) 466-2481.