The Occupational Safety and Health Administration (OSHA) recently issued citations to three contractors for willful electrical safety violations totaling $518,037. In summary, the three New Jersey-based entities exposed employees to harm by allowing them to work near energized power lines. Released on October 18, the press release touting the citations continues the tradition of OSHA’s quest to keep workers safe. Previously, OSHA found safety violations at four of a single discount retailer’s stores, totaling nearly $10 million in penalties.
Background of the Electrical Safety Violations
Earlier, on April 15th, 2022, a local power utility company alerted OSHA about possible electrical safety violations. Specifically, the utility reported that workers were constructing a five-story apartment building too close to nearby power lines. Consequently, after arriving at the site, OSHA inspectors found employees at risk of electrocution. Chiefly, the threat came from them working on a metal scaffold erected within five feet of high-voltage power lines.
As a result, OSHA informed the project’s developer, Litana Development Inc. (Litana), and two subcontractors (Prata Construction LLC and Elite Brothers Construction LLC) of the dangers. Furthermore, OSHA told the companies that the work must stop. The agency subsequently posted an Imminent Danger Notice in English and Spanish to warn workers about the extreme danger. Attorneys for Litana negotiated with OSHA a consent injunction, entered on July 5th, 2022. Specifically, the consent injunction allowed work to resume as long as workers remained 11 feet away from the power lines.
New Willful Electrical Safety Violations
Soon after, however, OSHA received another complaint of unsafe work practices at the same site. On July 15th, 2022, OSHA found Litana and its subcontractors again performed work dangerously close to the power lines. Since the new violations mirrored the same violations caught before, these recent actions were considered “willful.” Straightaway, on August 2nd, 2022, the court entered a more restrictive Modified Consent Injunction. This new injunction provided for third-party monitoring and physical barriers to ensure that workers would be kept safe.
In conclusion, OSHA issued the following citations and penalties:
- Litana Development Inc. – Three willful citations with a fine of $435,081
- Prata Construction LLC – One willful and two serious citations with a penalty of $41,478
- Elite Brothers Construction LLC – One willful and three serious citations with a fine of $41,478
Employer’s Duty to Prevent Electrical Safety Hazards
The Occupational Safety and Health Act of 1970 (OSH Act), which established OSHA, sets and enforces workplace safety and health standards. In doing so, it assures safe and healthful working conditions for working men and women. Notably, the OSH Act’s “General Duty Clause” requires that all employers:
- shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; and
- shall comply with occupational safety and health standards promulgated under this Act.
To comply with the OSH Act’s General Duty Clause and to avoid OSHA safety violations and costly litigation, employers should recognize and fix common workplace hazards.