OSHA Fines New York Demolition Contractor for Violations

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited MJ Scoville Inc., a Binghamton, N.Y.-based demolition contractor, for nine of what OSHA calls "willful and serious violations of workplace safety and health standards" at a building renovation site in Binghamton. The contractor faces a total of $52,500 in proposed fines, chiefly for fall and lead hazards.

According to an OSHA news release, an inspection by the agency found Scoville employees exposed to falls of up to 40 feet while working without fall protection as they took down the walls of an elevator shaft as well as 14-foot falls from an unguarded scaffold.

OSHA inspectors also claim that MJ Scoville failed to conduct personal air monitoring to determine lead exposure levels for employees performing demolition work with materials known to be covered with lead paint, and did not implement interim protective measures, including respiratory protection, biological monitoring, medical surveillance, clean change areas and employee training on lead hazards.

Christopher Adams, OSHA’s area director, says, "These are two of the most common and well-known hazards workers can face during demolition operations and must be effectively addressed by the employer on each and every jobsite. Falls can injure or kill a worker in seconds while lead exposure can damage the kidneys and the central nervous, cardiovascular, reproductive and hematological systems."

The company was issued two willful citations with $42,000 in fines and seven serious citations with $10,500 in fines. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

MJ Scoville has 15 business days from receipt of its citations and proposed penalties to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission.