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Repeatedly working from heights without necessary protection, failing to shore up a trench and rushing through work when a structure appeared unstable.

Those were among some of the OSHA violations in the third quarter of 2024 that resulted in particularly eye-catching initial fines.

OSHA publicizes instances in which it issues large fines, as a means of showing its regulatory power and calling attention to violations. In the third quarter of this year, the agency highlighted several employers facing hefty penalties across multiple jobsites and inspections.

In construction, these cases often involve residential builders committing repeat violations, which carry a larger initial penalty. The original fine amounts are sometimes negotiated down in settlement, so they do not always represent the amount paid.

U.S. Tank Painting Inc.
Initial fines: $485,580
Status: Contested

A New Jersey water tower painting contractor faces three willful and 19 serious violations after OSHA found it failed to provide or install safety equipment that could have prevented an employee from falling 80 feet and suffering severe injuries in January.

Inspectors from OSHA say U.S. Tank Painting Inc. had workers sandblast and paint the interior and exterior of a Bayville, New Jersey, water tower and replace a ladder attached to the structure. 

The agency claimed the company failed to ensure that workers used proper fall protection, as well as exposed workers to a slew of other harmful hazards, such as high noise levels with no protection and lack of training and protection from silica hazards.

As a result, the contractor faces $485,580 in proposed penalties, levied in July. The company is contesting the fines.

In response to request for comment, a U.S. Tank spokesperson told Construction Dive, “It is a pending matter and we can’t comment publicly, other than to state that we prioritize safety at our company and we have a lengthy track record of quality work.”

Boston Waterproofing & Construction Corp. 
Initial fines: $451,694 total
Status: Issued

A Boston waterproofing contractor allegedly exposed workers to life-threatening excavation hazards on two residential worksites — one in Arlington, Massachusetts, and one in Warwick, Rhode Island, federal OSHA investigators found, according to a July release.

In both instances, a supervisor for Boston Waterproofing & Construction Corp. recruited, then ordered untrained day laborers to enter and work in unprotected excavations, despite safety concerns raised by employees, the agency said. The employer also allegedly did not provide cave-in protection.

Both the excavations collapsed, with each cave-in injuring and burying a worker, OSHA claimed.

The agency said the employer made no attempt to rescue the trapped employee at the Arlington jobsite on Sept. 10, 2023, instead taking away the employee’s phone and even striking “the trapped employee with objects to prevent the employee from seeking medical attention.”

At the Warwick site on Dec. 2, 2023, the trapped employee asked for the employer to call 911 and for transport to the hospital, but the employer objected, OSHA claimed, instead carrying the injured worker to a personal vehicle, where they then dropped the employee off at an urgent care facility.

In April, OSHA cited the contractor with four serious and one willful citation for each occasion, resulting in two initial fines of $225,847.

Boston Waterproofing & Construction did not respond to requests for comment.

Sound Construction Inc. 
Initial fines: $394,083
Status: Contested

An Easton, Connecticut, contractor could have prevented a worker death in a December trench collapse, OSHA said in a July release.

Investigators say they determined that Sound Construction Inc. exposed five employees to cave-ins, engulfment or struck-by hazards on a New Canaan, Connecticut, jobsite. OSHA claimed the company failed to:

  • Provide cave-in protection for the 12-foot-deep trench.
  • Train employees on how to recognize and avoid trenching hazards.
  • Ensure an excavator was kept further than 2 feet from the trench’s edge.
  • Ensure the location of underground utilities prior to excavation.

On Dec. 22, 2023, an unprotected trench wall struck an employee and partially buried them more than 12 feet deep. He died as a result.



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