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Department of Labor alleges subcontractor knowingly exposed employees to asbestos hazards during former Waukegan hospital demolition

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Department of Labor alleges subcontractor knowingly exposed employees to asbestos hazards during former Waukegan hospital demolition WAUKEGAN, IL – Alleging that K.L.F. Enterprises — a Chicago demolition subcontractor — knew it was exposing its employees and others to the serious dangers of asbestos at a Waukegan work site, the U.S. Department of Labor has cited the company for 36 safety and health violations after a federal investigation. In November 2023, investigators with the department’s Occupational Safety and Health Administration opened a complaint inspection after they observed K.L.F. employees not wearing protective equipment amid piles of debris and steel I-beams during structural demolition of the eight-story former Lakes Behavioral Health hospital. OSHA determined that K.L.F. continued demolition activities — disturbing and removing asbestos used to fireproof the building’s interior — despite recognizing the debris piles outside were likely asbestos-laden. The company did
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US Department of Labor issues final rule to clarify rights to employee representation during OSHA inspections

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US Department of Labor issues final rule to clarify rights to employee representation during OSHA inspections WASHINGTON – The U.S. Department of Labor today announced a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection of their workplace will be published in the Federal Register on April 1. The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection. Consistent with OSHA’s historic practice, the rule clarifies that a non-employee rep
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Department of Labor recovers nearly $100K in wages, damages for 31 misclassified Oklahoma construction workers

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Department of Labor recovers nearly $100K in wages, damages for 31 misclassified Oklahoma construction workers Employer name:                      Future Inc.Investigation sites:               10216 Oak Dr                                                        Newalla, OK 74857Investigation findings: The U.S. Department of Labor’s Wage and Hour Division found Future Inc. – a dirt work contractor serving commercial, industrial and residential clients – misclassified 31 construction workers employed to complete major projects in a multi-state area as independent contractors. Future Inc. violated federal law by failing to pay the required time and one-half its employees’ hourly wages for hours worked over 40 per workweek. In 2023, the division found more than $35.5 million in owed wages for construction industry workers. On Jan. 10, 2024, the department published a final rule, effective March 11, revising the department’s guidance on how to analyze who is an employee or independent contr
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New York roofing company withdraws contest notice after vigorous litigation by Department of Labor, affirming egregious willful citations, $687K fine

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New York roofing company withdraws contest notice after vigorous litigation by Department of Labor, affirming egregious willful citations, $687K fine HO-HO-KUS, NJ – Vigorous litigation by the U.S. Department of Labor has convinced a New York roofing company to stop contesting the egregious willful and other citations it received and the $687,536 penalty assessed after a 2022 workplace safety investigation at a Ho-Ho-Kus worksite. On March 1, 2024, ALJ Home Improvement, a contractor with an extensive history of fall hazard violations, filed a notice of withdrawal with the independent Occupational Safety and Health Review Commission. The Nanuet, New York-based company’s action came one week before a scheduled trial litigated by the department’s Office of the Solicitor in New York. As a result, the commission has affirmed the citations issued by the department’s Occupational Safety and Health Administration including three per-instance egregious willful fall protection violations, a wil
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US Department of Labor recovers nearly $200K for workers underpaid by Massachusetts subcontractor at Rhode Island worksite

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US Department of Labor recovers nearly $200K for workers underpaid by Massachusetts subcontractor at Rhode Island worksite BOSTON – The U.S. Department of Labor has recovered $199,433 in back wages for 37 workers after finding a Lawrence construction subcontractor failed to pay prevailing wages and fringe benefits to employees working on a federally funded project at a Department of Veterans Affairs medical center in Providence, Rhode Island.The department’s Wage and Hour Division investigation found Stone Art Inc. failed to pay carpenters, tapers and laborers installing drywall the required prevailing wage rate and fringe benefits required under the Davis-Bacon Act.Investigators also found that Stone Art Inc. falsified certified payroll records, failed to create and maintain accurate payroll and basic records, did not pay proper overtime under the Contract Work Hours and Safety Standards Act and failed to allow employees to accrue one hour of paid sick leave for every 30 hours worked
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US Department of Labor investigation of worker’s confined space fatality finds Oklahoma City-area contractor ignored federal safety measures

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US Department of Labor investigation of worker’s confined space fatality finds Oklahoma City-area contractor ignored federal safety measures OKLAHOMA CITY – An Oklahoma City employer’s failure to follow federal safety procedures left a 30-year-old worker suffering fatal asphyxiation as they tried to make repairs inside a water tank at a McClain County wellsite in September 2023, a federal investigation has found.Responding to the report of a fatality in Purcell, investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration determined the worker had entered a permit-required confined space to fix a leaking bulkhead valve in a production tank and then lost consciousness. Two co-workers entered the tank in a failed rescue attempt and suffered effects from exposure to low atmospheric conditions. Neither sustained injuries.OSHA investigators found the employer, C&M Roustabout Services LLC failed to evaluate the tank for hazardous conditions – including
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Federal wage investigations recover $607K for 227 workers on extension of Valley Metro Light Rail in Phoenix

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Federal wage investigations recover $607K for 227 workers on extension of Valley Metro Light Rail in Phoenix PHOENIX – The U.S. Department of Labor has recovered $607,395 in back wages for 227 people working on an extension of the Valley Metro Light Rail system in the Phoenix metro area. Several investigations of the companies working for Omaha, Nebraska-based Kiewit Infrastructure West Co. — the federally supported project’s prime contractor — identified violations of the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act.“A prime contractor is responsible for ensuring that subcontractors follow all regulations and procedures for projects supported, in part or fully — with federal funds — including paying prevailing wages and providing required benefits,” explained Wage and Hour Division District Director Eric Murray in Phoenix. “The Wage and Hour Division is determined to ensure that federally funded construction projects provide workers and local comm
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Long Island construction contractor to pay $144K, enhance compliance following US Department of Labor investigation, litigation

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Long Island construction contractor to pay $144K, enhance compliance following US Department of Labor investigation, litigation NEW YORK – An East Patchogue construction contractor will pay $144,000 in penalties and implement enhanced compliance actions and policies to reduce workplace hazards for its companies’ and subcontractors’ employees as part of a stipulated settlement agreement with the U.S. Department of Labor.On June 5, 2019, the department’s Occupational Safety and Health Administration cited Northridge Construction Corp. for willful and serious fall protection, struck-by and electrical violations, following the Dec. 8, 2018, death of an employee. The employee fell 12 feet while walking on the roof panels of a partially completed structure in East Patchogue. Northridge Construction Corp. contested OSHA’s citations to the independent Occupational Safety and Health Review Commission.The department and Northridge Construction Corp. have reached a settlement that upholds the de
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