US Department of Labor sues National Maintenance Solutions, operator who denied workers wages, attempted to deport employees who complained

US Department of Labor sues National Maintenance Solutions, operator who denied workers wages, attempted to deport employees who complained ALBANY, NY – The U.S. Department of Labor has filed suit to recover back wages, liquidated damages, punitive damages and injunctive relief from a Tonawanda construction contractor that allegedly underpaid employees and tried to have employees who complained deported by calling federal immigration authorities.The action follows an investigation by the department’s Wage and Hour Division that found National Maintenance Solutions LLC and its president and founder, Thomas W. Pellette, did not pay minimum wage and overtime to employees working at hotels in Amherst, Buffalo and Hamburg, New York and in Erie, Pennsylvania. Specifically, the division found that they paid straight-time rates for overtime hours worked and, at times, paid partial wages sporadically or did not pay workers any wages for hours worked, in violation of the Fair Labor Standards Ac

Department of Labor finds construction contractors failed to protect rigger from fatal 30-story fall at Fort Lauderdale high-rise

Department of Labor finds construction contractors failed to protect rigger from fatal 30-story fall at Fort Lauderdale high-rise
FORT LAUDERDALE, FL – A U.S. Department of Labor investigation found two contractors could have prevented a crane collapse at a Fort Lauderdale residential construction site in April 2024, which caused a 27-year-old rigger to suffer fatal injuries after falling approximately 30 stories.Investigators with the department’s Occupational Safety and Health Administration learned that two workers employed by Phoenix Rigging & Erecting LLC were installing a section on a tower crane to increase its height when a support cable failed and the platform on which they stood became displaced. One worker, who was wearing the required fall protection and tied off, was rescued. Another worker, whose lanyard was not connected to an anchor point was fatally injured.OSHA cited Phoenix Rigging & Erecting in Mableton, Georgia, for three serious violations for failing to do the following: Identifying and replacing or otherwise repair corroded and cracked pins or bolts designed to secure the crane’s climbing frame and apply end connections properly. Ensuring the use of fall protection equipment.Conducting pre-inspections of crane components before allowing employees to start work, and ensure cranes were inspected properly by a qualified person for damage or excessive wear.The agency also cited a Canonsburg, Pennsylvania, crane rental company, Maxim Crane Works LP, for two serious violations for failing to do the following:Observing deficiencies to significantly corroded and cracked pins and bolts, and improperly applying end connections.Allowing employees to start work without conducting pre-inspections of crane components, including but not limited to U-bolt clamps, bolts, pins, thimbles and wire ropes, to ensure those were inspected adequately by a qualified person for damage or excessive wear.“Neglecting workplace safety requirements can be a matter of life or death,” said OSHA Area Director Condell Eastmond in Fort Lauderdale, Florida. “If these companies had made safety a priority, a young man’s family, friends, and co-workers wouldn’t be facing this preventable loss. Construction employers are responsible for ensuring that workers use fall protection in hazardous situations, and we will hold all employers accountable for failing to provide safe working conditions.”OSHA cited the construction contractors for five serious violations and proposed $61,299 in penalties, the maximum amount that OSHA can legally recommend. The Bureau of Labor Statistics reports that 1,056 construction workers were fatally injured on the job in 2022, with 423 of those fatalities related to falls from elevation, slips or trips.  Phoenix Rigging & Erecting LLC conducts crane assembly and dismantling. Maxim Crane Works LP rents heavy-lift equipment, including hydraulic truck cranes, rough terrain cranes, crawler cranes, tower cranes, conventional truck cranes and boom trucks at more than 50 locations nationwide.The contractors have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.Visit OSHA’s website for information on developing a workplace safety and health program. Employers can also contact the agency for information about OSHA’s compliance assistance resources and for free help on complying with OSHA standards. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit OSHA’s website to learn more. 

Published at October 29, 2024 at 05:00AM
Read more at https://dol.gov

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