OSHA Cites NJ Contractor for Settlement Agreement Violations
The Occupational Safety and Health Administration (OSHA) quoted a roofer from Bergen County, New Jersey, as having violated a settlement agreement and 10 new safety violations. The agency is now demanding $600,741 in fines for the new violations.
Janiec Roofing Inc. of Lodi, New Jersey, entered into a settlement agreement with OSHA after two inspections in 2019 found significant violations related to fall protection and other safety issues. Janiec Roofing agreed to create a comprehensive written safety and health program, provide training to managers and employees, and prepare daily safety checklists to identify and remove any hazards.
Inspections in 2019 identified 9 violations, with proposed fines of $121,687.
Janiec Roofing signed a settlement agreement with the agency on November 13, 2020.
OSHAs follow-up inspection determined in 2021 that Janiec Roofing breached the agreement and continued to expose employees to serious safety risks. According to OSHA, Janiec has not provided documentation that:
- A foreman had completed 30 hours of OSHA safety training.
- All employees had completed a minimum of 10-hour OSHA safety training.
- The company had developed and implemented a comprehensive written health and safety plan for the company, including daily safety checklists, to be used in every workplace.
- The company had designated an on-site safety supervisor for each workplace with the authority to correct hazardous working conditions and with the responsibility of ensuring that the company’s workplace safety and health plan is implemented, including completing and maintaining the daily safety checklist.
- All employees had received training from the company on the health and safety plan.
As a result of the June 4 follow-up inspection, the agency proposed an additional $180,220 fine and sued the company with 1 non-resolvable violation for failing to comply with the terms of the settlement agreement and failing to submit documentation required. to demonstrate compliance.
As part of OSHA’s Regional Emphasis Program (REP) for Construction Fall Hazards, the agency had conducted two other inspections of Janiec Roofing workshops 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 US Virgin Islands.
In December 2020, inspectors found Janiec employees at work residential roof project in Paramus, New Jersey, without proper fall protection. In January 2021 OSHA visited a Janiec workplace in Saddle Brook, New Jersey, where inspectors noted the unsafe use of ladders and failure to ensure that workers use eye, head and fall protection. These two inspections resulted in two intentional, four repeated and three serious citations and $420,521 in fines.
“It is inexcusable that Janiec Roofing has failed to honor its agreement with OSHA and knowingly put workers at risk of serious injury or worse,” OSHA’s Hasbrouck Heights, New Jersey, area director Lisa Levy said in a statement from the agency.
“Deliberate disregard for federal law will not be tolerated,” Levy continued, “and OSHA will not hesitate to hold employers accountable when they neglect their legal responsibility and endanger the well-being of their hardworking employees.” Janiec Roofing performs roof installation, restoration, maintenance and repairs in northern New Jersey, according to the agency.