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OSHA Cites Queens, N.Y., Contractor for Cave-In Hazard at Bronx, N.Y., Jobsite

TARRYTOWN, N.Y. - A Queens-based contractor faces $30,850 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for a cave-in hazard at a Bronx jobsite. FXR Construction Corp., doing business as DEV Construction, of Bayshore, has been cited for alleged willful and serious violations of safety standards at a parking garage and commercial building under construction at 1250 Waters Place in the Bronx.

An OSHA inspection found employees performing rebar and concrete formwork in a seven-foot, six-inch deep excavation that lacked any protection against collapse. The 110-foot-long excavation also lacked a safe means of egress for employees, and a pile of excavated spoils was located at its edge. Elsewhere on the jobsite, uncompleted stairs were used to access upper building levels and employees were not trained to recognize and avoid unsafe conditions.

"This employer knew cave-in protection is required for all excavations five feet or deeper yet did not provide this vital and necessary safeguard," said Diana Cortez, OSHA's area director in Tarrytown, N.Y. "While it is fortunate that no cave-in occurred, the hazard was real and present. The walls of an unprotected excavation can collapse without warning, burying employees beneath tons of soil and debris before they can react or escape."

OSHA consequently issued FXR one willful citation, with a proposed fine of $28,000, for the lack of cave-in protection, and four serious citations, with $2,850 in proposed fines, for the other conditions. The inspection was conducted by OSHA's Tarrytown Area Office (telephone 914-524-7510) under an emphasis program that identifies and targets for inspections construction projects in specific areas in Bronx, Westchester and Rockland counties.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. FXR has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.

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