Contractor Safety, Regulatory Developments

OSHA Cites NJ Contractor for Settlement Agreement Violations

The Occupational Safety and Health Administration (OSHA) cited a Bergen County, New Jersey, roofing contractor with violating a settlement agreement and 10 new safety violations. The agency is now seeking $600,741 in penalties for the new violations.

Janiec Roofing Inc. of Lodi, New Jersey, entered into a settlement agreement with OSHA after two 2019 inspections identified significant infractions related to fall protection and other safety issues. Janiec Roofing agreed to establish a comprehensive written safety and health program, provide training to managers and workers, and create daily safety checklists to identify and remove any hazards.

Inspections in 2019 identified 9 violations, with proposed penalties of $121,687.  

Janiec Roofing entered into a settlement agreement with the agency on November 13, 2020.

OSHA’s follow-up inspection in 2021 determined that Janiec Roofing failed to comply with the agreement and continued to expose workers to serious safety hazards. According to OSHA, Janiec failed to provide documentation that:

  • A foreman had completed an OSHA 30-hour safety training course.
  • All employees had completed at least an OSHA 10-hour safety training course.
  • The company had developed and implemented a comprehensive written company safety and health plan, including daily safety checklists, to be used at each worksite.
  • The company had designated an on-site safety supervisor for each worksite with authority to correct hazardous working conditions and with responsibility for ensuring that the company safety and health plan is implemented at the worksite, including completing and maintaining the daily safety checklist.
  • All employees had received training from the company on its safety and health plan.

As a result of the June 4 follow-up inspection, the agency proposed an additional $180,220 in penalties and cited the company with 1 failure-to-abate violation for not complying with the settlement agreement terms and not submitting documentation required to show compliance.

As part of OSHA’s Regional Emphasis Program (REP) for fall hazards in construction, the agency had conducted two other inspections of Janiec Roofing worksites before the follow-up inspection. OSHA’s Region 2 office initiated a fall protection REP in October 2018. Region 2 includes New Jersey, New York, Puerto Rico, and the U.S. Virgin Islands.

In December 2020, inspectors found Janiec employees working on a residential roof project in Paramus, New Jersey, without proper fall protection. In January 2021, OSHA visited a Janiec worksite in Saddle Brook, New Jersey, where inspectors observed the unsafe use of ladders and the failure to ensure that workers used eye, head, and fall protection. These two inspections resulted in two willful, four repeat, and three serious citations and $420,521 in penalties.

“Janiec Roofing’s failure to honor its agreement with OSHA and knowingly put workers at risk of serious injuries or worse is inexcusable,” OSHA’s Hasbrouck Heights, New Jersey, Area Director Lisa Levy said in an agency statement.

“Intentional disregard of federal law will not be tolerated,” Levy continued, “and OSHA will not hesitate to hold employers accountable when they ignore their legal responsibility and jeopardize the well-being of their hard-working employees.” Janiec Roofing performs roof installation, restoration, maintenance, and repairs in northern New Jersey, according to the agency.

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