NEW YORK, NY – A New York judge has upheld all the 2013 OSHA citations and penalties totalling $249,920 against Flintlock Construction Services LLC of Mamaroneck, N.Y., for willful and serious violations and for failure to protect employees working on scaffolds from potentially fatal falls.
Flintlock contested its citations and penalties and alleged that some violations were not willful because its corporate principals did not have knowledge of the hazards and Flintlock made at least a minimal attempt at compliance.
After review, Chief Administrative Law Judge Covette Rooney upheld all the citations and penalties and found Flintlock had knowledge of the hazards and the authority to have its subcontractors correct safety hazards.
Robert Kulick, OSHA’s regional administrator in New York said: “This was a clear case of an employer knowingly placing its employees at risk of deadly or disabling injuries caused by the number one killer in construction work – falls. Judge Rooney’s decision upholds our findings and reiterates an important fact: Employers cannot ignore their legal responsibility to safeguard their employees and adhere to workplace safety standards.”
Flintlock Construction Services LLC has filed a petition for discretionary review with the review commission.