Niche News

Long Island roofing contractor settles with U.S. Department of Labor after 2021 fatal fall, will pay $600,000

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Key takeaways

  • OSHA investigation found workers exposed to falls up to 22 feet and no personal fall protection at an Oyster Bay municipal building worksite.
  • DME Construction Associates affirmed nine willful citations; eight were egregious per-instance citations for failure to provide fall protection to eight employees.
  • Under the settlement, DME must pay a $600,000 penalty and implement enhanced safety and abatement measures.
  • Required abatement measures include a comprehensive written company safety plan, documented enough fall protection equipment for every worker, and OSHA 30-hour construction safety training for all supervisors.
  • DME must notify OSHA of upcoming jobs at least one week in advance and permit warrantless entry by OSHA at all worksites.
  • DME and owner Peter Chardon pleaded guilty in November 2025 to a criminal violation of the Occupational Safety and Health Act and await sentencing in April.

Follow Up Questions

What is the Occupational Safety and Health Administration (OSHA) and what authority does it have to issue citations and impose penalties?Expand

OSHA is the federal agency (part of the U.S. Department of Labor) that sets and enforces workplace safety and health standards under the Occupational Safety and Health (OSH) Act of 1970. Under the OSH Act it has statutory authority to inspect workplaces, issue citations describing violations, and propose civil monetary penalties when it finds violations; employers may contest citations in administrative proceedings. (OSHA enforces standards in most private‑sector workplaces and in certain federal/state jurisdictions.)

What does it mean for a citation to be classified as a 'willful' violation and an 'egregious per-instance' citation?Expand

A “willful” citation means OSHA believes the employer acted knowingly, with intentional disregard for the law or with plain indifference to worker safety — a higher culpability than negligence. An “egregious per‑instance” (instance‑by‑instance or IBI) citation means OSHA can cite each separate occurrence (for example, each worker exposed) rather than grouping violations together; IBI is applied to high‑gravity violations (historically egregious willful cases) to multiply penalties and increase deterrence.

What specific actions are typically required in a 'comprehensive written company safety plan' for fall protection?Expand

A comprehensive written fall‑protection plan typically includes: a documented hazard assessment (identifying skylights, leading edges, roof edges, etc.), required methods of fall protection for each task (guardrails, covers, personal fall arrest systems), an inventory/availability record of fall‑protection equipment, training and rescue procedures, inspection and maintenance procedures for equipment, site‑specific work rules and supervision responsibilities, and procedures for monitoring compliance and correcting hazards. (OSHA construction fall standards specify required controls; written programs typically follow those elements.)

What legal or practical implications follow from the company agreeing to 'permit warrantless entry by OSHA' at worksites?Expand

Agreeing to permit OSHA warrantless entry means the employer has contractually waived its usual right to require a warrant before inspections at those worksites; practically, OSHA compliance officers may enter and conduct inspections without obtaining judicial warrants, speeding enforcement and monitoring. It reduces employer ability to delay or restrict OSHA access but does not eliminate other legal protections or processes (employers still receive citations, notice and can contest findings).

What criminal penalties or sentencing outcomes are possible for a company or owner convicted of a criminal violation of the Occupational Safety and Health Act?Expand

A criminal conviction under the OSH Act (e.g., for willfully violating a standard causing death) can carry federal criminal penalties set by statute and by sentencing guidelines: employers or individuals may face fines and, in some cases, imprisonment for willful or criminal violations that result in death. The OSH Act (29 U.S.C. § 666) and federal sentencing statutes allow fines and imprisonment for knowing or willful violations leading to death; actual sentence depends on the criminal charges, plea, and federal sentencing rules.

What is OSHA’s 30-hour construction safety training and who is required or recommended to take it?Expand

OSHA’s 30‑hour Construction Outreach course is a comprehensive OSHA training for construction workers/supervisors that covers major construction hazards and OSHA standards; it’s intended for supervisors, foremen, and workers with safety responsibility (OSHA recommends all construction supervisors take it). The 30‑hour card documents completion; employers often require or provide it to supervisors as part of compliance and safety programs.

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