'Dangerous' Power Line Exposure Land 3 NJ Cos. OSHA Violations, Fines

NEW JERSEY - A developer and two subcontractors were cited by the U.S. Department of Labor for exposing workers to dangerous power lines, federal officials said.

Wayne-based Litana Development, as well as its two subcontractors, Denville’s Prata Construction and Paterson’s Elite Brothers Construction, are now facing up to $518,000 in fines for the safety hazard at a Paterson work site, the Occupational Safety and Health Administration (OSHA) said in a statement.

In April, a local power utility notified OSHA about workers building a five-story apartment building dangerously close to nearby high voltage power lines, with OSHA inspectors confirming the employees were at risk of electrocution, the agency said.

The agency then notified the project's developer, Litana Development Inc. of Wayne and its two contractors, that the work must not continue, federal officials said.

OSHA also said it posted an Imminent Danger Notice in both English and Spanish to warn workers at the site about the “extreme danger.” A temporary restraining order was then acquired in June to enforce OSHA's Imminent Danger Notice.

But while attorneys for Litana negotiated a consent injunction in early July to resume the project as long as workers remained 11 feet away from the power lines, OSHA inspectors found that work had been performed dangerously close to the power lines on July 15. Third-party monitoring and physical barriers were subsequently agreed upon in August to ensure that workers would be kept safe.

"Litana Development and its subcontractors willfully exposed workers to potentially deadly electrocution hazards by making them work too close to energized power lines," said OSHA Regional Administrator Richard Mendelson in a statement. "Despite repeatedly being told of the danger involved with this construction project, the companies ignored warnings and even a court order."

Litana Development was issued three willful violations and proposed penalties of $435,081, OSHA said.

Prata Construction was issued one willful and two serious violations, while Elite Brothers was issued one willful and three serious violations for the dangerous work. Both subcontractors incurred $41,478 in proposed penalties.

The companies now have 15 business days to comply and request an informal conference with OSHA's area director or dispute the findings before the independent Occupational Safety and Health Review Commission.