A Roofing Contractor Violates its Agreement to Protect its Workers and Faces More Than $600K in Penalties

A Roofing Contractor Violates its Agreement to Protect its Workers and Faces More Than $600K in Penalties

Janiec Roofing Inc. does not comply with OSHA’s previous settlement agreement.

A Bergen County contractor violated its settlement agreement with the U.S. Department of Labor. The contractor agreed to make safety improvements after violating federal safety inspections in 2019. Inspectors identified nine violations with proposed penalties of $121,687, following the inspections in 2020 and 2021, the company now faces $600,741 in penalties for 10 more violations. On November 13, 2020, Janiec Roofing Inc. in Lodi, New Jersey entered into a settlement agreement with OSHA.

The agreement came after two 2019 inspections identified significant infractions related to fall protection as well as other safety issues. According to a press release, the company agreed to establish a detailed safety and health program to provide training to employers and employees to create safety checklists to identify and remove safety hazards. OSHA conducted a follow up inspection in 2021 that determined that the roofing company failed to comply with the agreement and continued to expose workers to dangerous safety hazards. The agency then proposed an additional $180,220 in penalties and cited the company with one “failure-to-abate violation for not complying with the settlement agreement terms” and “not submitting documentation required to show compliance.”

OSHA conducted two other inspections, prior to the follow-up inspection, a part of the agency’s Regional Emphasis Program for fall hazards in construction. In January 2021, OSHA visited a Janiec work site in Saddle Brook where inspectors identified unsafe use of ladders and failures to ensure workers used head, eye and fall protection. The press release says, the 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,” said OSHA Area Director Lisa Levy in Hasbrouck Heights, New Jersey. “Intentional disregard of federal law will not be tolerated 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.”

Citations from OSHA’s 2021 follow-up inspection can be viewed here, citations from the January 2021 inspection can be viewed here and citations from the 2020 inspections can be viewed here. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the OSHRC. Learn more about fall protection in residential construction.

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