OSHA Proposes $648K Against Six Contractors at Monroe, NY Excavation
The U.S. Department of Labor has cited six construction employers for willful and serious excavation violations at the Monroe Commons project in Monroe, New York, and proposed a combined $648,094 in penalties. OSHA issued 23 serious and five willful citations, according to its Oct. 13 news release.
What OSHA Found
OSHA began its inspection on April 29 after an allegation of struck-by and collapse hazards, Equipment World reports. The site, also known as the Magna Square development, is a planned four-story, roughly 408,000-square-foot mixed-use building with retail, office space and a 39-room hotel on 18 acres. Inspectors found workers in an excavation with a steep, unstable embankment nearly 75 feet high that was not adequately sloped or shored.
The citations cover failure to protect employees from cave-in, struck-by and chemical hazards, failure to shield workers from rock and soil falling or rolling off the excavation face, and missing daily inspections by a competent person.
Who Was Cited
Proposed penalties, per OSHA:
- Advanced Plan and Build LLC (general contractor, Upper Saddle River, NJ): $175,444. Willful citations for exposing employees to cave-in and struck-by hazards and for failing to have the 21-to-75-foot excavation designed by a registered professional engineer.
- Parkstone Inc. and Obstacle Systems Inc., operating as Drip Drop Waterproofing Inc.: $198,615. Willful cave-in and struck-by exposure, plus serious fall protection and chemical hazard citations.
- The Paving Masters LLC: $188,684. Willful cave-in and struck-by exposure and the missing engineering design.
- Century Max Industries Corp.: $46,340. Serious cave-in and struck-by citations.
- Prime Structure Inc.: $19,860. Serious cave-in and struck-by citations.
- DelValle Contractor: $19,151. Serious cave-in, struck-by, fall protection and chemical hazard citations.
What It Means for Subcontractors
- Subs share the exposure. OSHA cited five subcontractors alongside the general contractor. Four of the six employers received penalties above $19,000 each, and three drew willful findings.
- Engineered design matters on deep cuts. Two employers were cited for failing to ensure a 21-to-75-foot excavation was designed by a registered professional engineer. Ask for the engineered plan before sending crews into any deep cut.
- Keep competent-person inspections documented. Daily inspections were among the cited items. Log them every shift and give the inspector authority to pull crews out.
- Watch the spoil and slope face. Falling and rolling material was cited separately from cave-in, so check the face and edge conditions as well as the protective system.
These are proposed penalties. The employers have 15 business days from receipt to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. OSHA notes that penalty amounts and classifications may change.
