Long Island Construction Company To Pay $144K In Safety Violations That Caused Death: DOL

EAST PATCHOGUE, NY — An East Patchogue construction contractor has been ordered to pay $144,000 in penalties and put into place enhanced compliance actions and policies to reduce workplace hazards for its companies' and subcontractors' employees as part of a stipulated settlement agreement after the fatal fall of a worker, the U.S. Department of Labor said Wednesday.

Northridge Construction Corp. was cited by the department's Occupational Safety and Health Administration for "willful and serious fall protection," and "struck-by and electrical violations," after the Dec. 8, 2018, death of an employee, the agency said.

The employee fell 12 feet while walking on the roof panels of a partially completed structure in East Patchogue, according to the agency.

Northridge Construction Corp. contested OSHA's citations to the independent Occupational Safety and Health Review Commission, and the department and company have reached a settlement that upholds the citations and requires the company to pay $144,000 in penalties for its violations, the agency said.

The stipulated settlement agreement also includes enhanced abatement requirements that apply to all construction companies that Northridge Construction Corp. owner Tim Kaywood owns, manages, field supervises, or for which he serves as an officer, according to the agency.

The enhancements require all companies to perform a pre-job hazard assessment, and use a daily safety inspection checklist for all jobs, and ensure all forepersons have received OSHA 30-hour safety training and all field employees have received OSHA 10-hour safety training.

It also requires safety planning, training, and inspection mandates on their subcontractors.

Patch has reached out to Northridge's attorney, Vincent Pallaci of Bohemia, for comment.

In January, Northridge pleaded guilty to criminal charges violating the worker safety standards that caused the death and to making two false statements that obstructed the labor department’s inquiry into the employee’s death, the U.S. Attorney's office said.

The maximum penalty for each of the criminal offenses is five years’ probation and a $500,000 fine, or twice the economic gain to the defendant or loss suffered by the victim because of the crime, according to the agency.

Sentencing is scheduled for April 3.

In November, Richard Zagger, a 58-year-old Blue Point man who was a supervisor for the company, was charged with with conspiracy and obstruction of official proceedings related to the investigation into the fatal fall, the U.S. Attorney's office said.

The four-count indictment alleges Zagger was overseeing employees constructing a metal shed and during the construction, one of the employees fell from the improperly secured shed roof and died, and he made false statements to investigators during a probe of the event, according to the U.S. Attorney's office.

He faces up to five years in prison and a $250,000 fine, or twice the economic gain to the defendant or loss suffered by the victim because of the crime, the agency said.

Zagger's attorney, Anthony La Pinta of Hauppauge, could not be immediately reached for comment.

Regional Solicitor of Labor Jeffrey Rogoff in New York said the settlement affirms OSHA's citations, which found the company knowingly failed to safeguard its employees from fall hazards.

"Its terms require this employer to take substantive steps to prevent hazards and safety violations from recurring and underscore the U.S. Department of Labor's commitment to pursuing effective and appropriate legal actions to help ensure safe and healthy workplaces," he added.

OSHA Area Director Kevin Sullivan in Westbury said that while "no settlement can restore a worker's life, it can result in enhanced practices and procedures designed to save others."

"Falls are among the deadliest hazards in construction work, but they are preventable by – among other things – supplying and requiring the use of fall protection equipment and the training workers need to use it properly," he said.