Construction Safety
Violations in New York
OSHA cites thousands of construction violations every year. Fall protection has been #1 for 14 consecutive years. When these violations cause injuries, they support powerful claims under Labor Law 241(6) and negligence. Here's the enforcement data.
OSHA Enforcement in New York Construction
New York falls under federal OSHA jurisdiction — specifically OSHA Region 2, which also covers New Jersey, Puerto Rico, and the U.S. Virgin Islands. This means federal OSHA inspectors conduct site inspections, issue citations, and assess penalties for construction safety violations throughout the state. New York does not have a state OSHA plan.
But federal OSHA isn't the only enforcement mechanism. New York has its own Industrial Code (12 NYCRR Part 23) that sets construction safety standards often stricter than federal OSHA. And in New York City, the Department of Buildings (DOB) enforces building code compliance and can issue its own violations, stop work orders, and penalties. A single construction accident can trigger enforcement from all three levels — federal OSHA, state Industrial Code (through civil lawsuits), and city DOB.
For injured workers, the most important thing to understand is this: OSHA can fine a company, but it can't compensate you for your injuries. That's what civil lawsuits are for. OSHA violation records, however, are powerful evidence in those civil cases. An OSHA citation proves the company was violating safety standards — and that evidence directly supports claims under Labor Law 241(6) and negligence.
74%
of fatal job sites had prior OSHA violations (2023)
$32,123
average penalty per fatal inspection — lowest in 6 years
14
consecutive years fall protection has been #1 violation
Top OSHA Construction Violations (FY2024)
These are the most frequently cited OSHA violations in construction nationally. Each one has a corresponding NY Industrial Code provision that can support a Labor Law 241(6) claim.
Fall Protection — General Requirements
OSHA: 29 CFR 1926.501 | NY Industrial Code: 23-1.7(b), 23-1.16
6,763
Total Citations
$49.3M
Total Fines
$7,290
Average Fine
Common Scenarios:
- Workers on roofs without personal fall arrest systems
- Missing guardrails at floor or roof edges
- Unprotected wall openings
- Working near excavations without barriers
#1 violation for 14 consecutive years
Hazard Communication
OSHA: 29 CFR 1910.1200 | NY Industrial Code: General Industry (applicable to construction chemical hazards)
3,111
Total Citations
$5.1M
Total Fines
$1,633
Average Fine
Common Scenarios:
- Missing Safety Data Sheets (SDS) for chemicals on site
- Workers not informed about hazardous substances
- No written hazard communication program
Ladders
OSHA: 29 CFR 1926.1053 | NY Industrial Code: 23-1.21
2,764
Total Citations
$9.7M
Total Fines
$3,510
Average Fine
Common Scenarios:
- Using damaged or defective ladders
- Improper ladder placement (wrong angle)
- Not securing ladders at the top
- Ladders not extending 3 feet above landing surface
Fall Protection Training
OSHA: 29 CFR 1926.503 | NY Industrial Code: 23-1.5 (employer responsibility)
2,217
Total Citations
$4.9M
Total Fines
$2,228
Average Fine
Common Scenarios:
- No documented fall protection training program
- Workers not trained to recognize fall hazards
- No training on harness and lanyard use
- No retraining after changes in work conditions
Scaffolding
OSHA: 29 CFR 1926.451 | NY Industrial Code: 23-5.1 through 23-5.22
1,937
Total Citations
$7.0M
Total Fines
$3,608
Average Fine
Common Scenarios:
- Missing guardrails on scaffolds over 10 feet
- Improper scaffold foundation or support
- Incomplete planking or decking
- Scaffold erected by non-competent person
Eye and Face Protection
OSHA: 29 CFR 1926.102 | NY Industrial Code: 23-1.8
1,912
Total Citations
$7.1M
Total Fines
$3,713
Average Fine
Common Scenarios:
- No safety glasses during grinding or cutting
- Missing face shields for welding operations
- Inadequate eye protection for chemical exposure
NY Industrial Code vs. Federal OSHA
The NY Industrial Code (12 NYCRR Part 23) and federal OSHA standards serve different purposes. OSHA violations result in government penalties. Industrial Code violations support private lawsuits for money damages under Labor Law 241(6). Both can arise from the same set of facts.
| Feature | Federal OSHA | NY Industrial Code (Part 23) |
|---|---|---|
| Enforcement | Government inspections and penalties | Civil lawsuits by injured workers (241(6)) |
| Who Benefits | Government collects fines | Injured worker recovers damages |
| Trigger | OSHA inspection (complaint, referral, or programmed) | Worker files lawsuit after injury |
| Proof Required | OSHA inspector documents violation | Plaintiff identifies specific code provision violated |
| Maximum Recovery | $165,514 per violation (government keeps it) | No cap — full damages to injured worker |
| Comparative Fault | N/A (employer-focused) | Applies — worker's fault can reduce recovery |
| Strictness | Federal minimum standards | Often stricter than OSHA (e.g., dump truck backing) |
Where NY Is Stricter
- Dump truck backing (23-9.7): NY requires a human spotter who can see the driver AND the rear. OSHA accepts backup alarms.
- Overhead protection (23-1.7(a)): NY requires 2-inch planks rated for 100 lbs/sq ft for overhead protection.
- Civil liability (Labor Law 241(6)): A contractor meeting federal OSHA standards can still face civil liability if they violate the stricter NY Industrial Code. Out-of-state contractors miss this regularly.
NYC Department of Buildings (DOB) Enforcement
In New York City, the Department of Buildings enforces the NYC Building Code, issues construction permits, and can shut down unsafe job sites. DOB enforcement operates alongside — not instead of — federal OSHA.
Class-1 Violations (Immediately Hazardous)
Penalty: Up to $25,000Conditions that present an immediate danger to workers or the public. Requires immediate correction. Examples include no fall protection on active construction, structural instability, and missing safety equipment.
Enforcement Action:
Stop Work Orders can be issued immediately. Work cannot resume until the hazardous condition is corrected and the DOB issues a rescind.
Stop Work Orders (SWO)
The DOB can issue Stop Work Orders for unsafe conditions, work without permits, or other code violations. SWOs halt all construction activity at the site until the issue is resolved.
Enforcement Action:
Violating a SWO can result in additional penalties and potential criminal charges. The site remains shut down, costing the contractor thousands per day in delays.
DOB Enforcement Challenges
NYC DOB has faced staffing challenges — losing 119 positions in 2024 with a 13.3% vacancy rate. This means fewer inspections, slower response times, and greater reliance on OSHA enforcement for construction safety.
Enforcement Action:
Reduced DOB capacity makes it even more important for injured workers to pursue civil remedies under Labor Law 240/241(6), where they don't depend on government enforcement.
How Violations Support Your Injury Claim
Safety violations are some of the strongest evidence you can have in a construction injury case. They work on multiple legal theories:
241(6) requires proving a specific Industrial Code violation. OSHA violations that correspond to Industrial Code provisions provide direct evidence. If OSHA cited the contractor for fall protection violations (1926.501) and the Industrial Code has matching requirements (23-1.7(b)), the OSHA citation supports the 241(6) claim.
An OSHA citation isn't required for a 241(6) claim, but when one exists, it's compelling evidence the code was violated.
When a statutory safety requirement is violated and the violation causes the type of harm the statute was designed to prevent, some courts apply "negligence per se" — meaning the violation IS the negligence. The plaintiff doesn't need to separately prove the defendant's conduct was unreasonable.
This is separate from 241(6) and provides an additional theory of liability.
A contractor's history of OSHA violations shows a pattern of safety failures. Courts can admit prior violations to show the defendant knew about hazards and failed to correct them. With 74% of fatal job sites having prior violations, pattern evidence is often available.
Prior violations also support arguments for punitive damages where the defendant's conduct was willful or wanton.
While Labor Law 240 doesn't require proving a violation (it's strict liability), OSHA citations can still strengthen the case. They demonstrate the absence of adequate safety equipment, contradict defense arguments about available safety measures, and help establish damages.
OSHA records also help identify all potentially liable parties at the site.
OSHA Penalty Structure (2025)
OSHA adjusts maximum penalties annually for inflation. These are the current limits as of January 15, 2025:
Serious Violation
Max: $16,550A hazard with substantial probability of death or serious physical harm, where the employer knew or should have known about it. This is the most common citation type.
Example: Worker on a roof without a harness where there's a real risk of a fatal fall.
Other-Than-Serious
Max: $16,550A violation directly related to job safety that probably wouldn't cause death or serious harm. Same maximum penalty as serious violations.
Example: Failing to post required OSHA workplace safety posters.
Willful Violation
Max: $165,514The employer intentionally and knowingly committed the violation, or made no reasonable effort to eliminate a known hazard. These carry the harshest penalties and can support punitive damage arguments in civil cases.
Example: An employer knows workers need fall protection, has been cited before, and still doesn't provide it.
Repeat Violation
Max: $165,514A substantially similar violation found within 5 years of a previous citation. Penalties escalate dramatically for repeat offenders.
Example: A company cited for scaffold violations in 2021 is found with the same deficiencies in 2024.
Willful/Egregious (Per-Instance)
Max: $165,514 per instanceFor flagrant violations, OSHA can assess separate penalties for each individual instance of the violation rather than treating them as a single citation. This can multiply penalties by the number of exposed workers.
Example: ALJ Home Improvement received 3 egregious willful per-instance citations totaling over $400,000 for a single inspection.
Severe Violator Enforcement Program (SVEP)
OSHA's SVEP targets the worst-of-the-worst safety offenders — companies with repeated willful or egregious violations and those involved in fatalities or catastrophes. Being placed in SVEP means:
Mandatory Follow-Up Inspections
OSHA returns to verify corrections are made. Companies can't just pay the fine and continue business as usual.
Enhanced Settlement Terms
Settlements must include enhanced abatement and compliance measures beyond just paying penalties.
Increased Inspection Frequency
All worksites operated by the company are subject to more frequent inspections.
Public Listing
Company is publicly identified as a severe violator, creating reputational pressure and providing evidence for civil lawsuits.
NY-Area Companies in SVEP
ALJ Home Improvement
Spring Valley, NY
Multiple fatal falls, 10 inspections since 2019. Founder pled guilty to federal criminal charges.
DME Construction Associates
Setauket, NY
Pattern of willful violations, worker fatality, 7 citations since 2011.
RRC Home Improvement Inc.
Newark, NJ (operates in NY)
Repeated fall-protection violations across five inspections since 2017.
Largest OSHA Penalties in NY Construction
These cases show what happens when construction companies repeatedly ignore safety requirements. The penalty amounts, criminal charges, and business consequences illustrate why safety violations matter for injury claims.
DME Construction Associates
Setauket, NY (Suffolk County) | 2022
9 willful + 4 serious violations
Long Island contractor cited after a worker fatality. The company had 7 prior citations stretching back to 2011. OSHA Regional Administrator stated the company 'continually ignored its legal responsibility to provide a safe workplace and that failure cost a worker their life.' Placed in OSHA's Severe Violator Enforcement Program.
ALJ Home Improvement
Spring Valley, NY (Rockland County) | 2024
3 egregious willful + 1 willful + 4 serious violations
Roofing company cited after workers found on steep-slope roof without fall protection — less than 6 months after a worker died at another ALJ site. The company had 10 OSHA inspections since 2019 and 2 worker deaths (2019, 2022). Founder Jose Lema pled guilty to federal criminal charges. Placed in Severe Violator Program.
RRC Home Improvement Inc.
Newark, NJ (operates in NY/NJ/PA) | 2024
4 willful + 7 serious violations
Roofing contractor cited for repeatedly exposing workers to fall hazards at three different worksites within a single month. The company had 5 OSHA inspections since 2017 with a pattern of repeated fall-protection violations. Settlement reduced penalty to $155,000 but company was placed in the Severe Violator Enforcement Program.
Nunez Consulting Services Corp / Colgate Scaffolding
625 Fulton St, Downtown Brooklyn | 2023
OSHA willful + 2 serious (Nunez) + NYC DOB Class-1 (Colgate & Galaxy Developers)
27-year-old worker Raul Tenelema Puli died after falling 20 feet while installing scaffolding and being crushed by a 30-foot I-beam at a 35-story high-rise. Combined OSHA and NYC DOB penalties totaled over $178K across multiple companies. Illustrates how both federal OSHA and NYC DOB can pursue separate enforcement actions for the same incident.
WSC Group LLC
Sunset Park, Brooklyn | 2023
Willful (trench protection failure)
Worker Luis Almonte Sanchez killed in 9-foot-deep trench collapse. Owner Jiaxi 'Jimmy' Liu convicted of criminally negligent homicide, banned from construction permanently. Company ordered to permanently cease all construction operations. If Liu ever returns to construction, the full original $63,647 penalty becomes immediately collectible.
Enforcement Trends (FY2023–2024)
-15.5%
Total OSHA citations (17,294 to 14,617)
-19.2%
Fatal falls (234 to 189)
-69.2%
Trench deaths since 2022 (39 to 12)
14 yrs
Fall protection: consecutive years at #1
What the Trends Mean for Injured Workers
Citation totals are declining, which could mean either improved compliance or reduced OSHA inspection capacity. The persistent dominance of fall protection violations — 14 years at #1 — shows the industry still has a systemic fall-prevention problem. And while the average penalty per fatal inspection ($32,123 in 2023) was the lowest in six years, civil lawsuits under Labor Law 240 and 241(6) provide far greater compensation. A worker killed by a fall that would cost the employer $32K in OSHA fines could generate a $5-15 million wrongful death recovery for the family.
How to Look Up a Contractor's Violation History
Before hiring a contractor — or after an accident — you can check their safety record using these public databases. Your attorney will search all of these as part of building your case.
OSHA Establishment Search
https://www.osha.gov/ords/imis/establishment.html
Search OSHA's inspection database by company name to find past violations, penalties, and inspection results. Enter the contractor or company name to see their enforcement history.
What You'll Find:
Inspection dates, violation types (willful, serious, repeat), penalty amounts, standards cited, current status of citations.
NYC DOB Building Information Search (BIS)
https://a810-bisweb.nyc.gov/bisweb/bispi00.jsp
Search NYC DOB records by address to find building permits, violations, complaints, and inspection results. Critical for NYC construction sites.
What You'll Find:
Active permits, DOB violations, stop work orders, complaints filed, inspection records, contractor license information.
OSHA Severe Violator Search
https://www.osha.gov/enforcement/svep
Check if a contractor is on OSHA's Severe Violator Enforcement Program list — meaning they have a documented pattern of egregious safety failures.
What You'll Find:
Companies with pattern of willful/repeat violations, fatality/catastrophe inspection results, and enhanced enforcement status.
OSHA Top Penalties by State
https://www.osha.gov/enforcement/toppenalties/bystate
View the largest OSHA penalties issued in New York (or any state). Useful for identifying the most dangerous construction companies operating in your area.
What You'll Find:
Highest penalty cases by state, company names, penalty amounts, violation descriptions.
NY Secretary of State Business Entity Search
https://apps.dos.ny.gov/publicInquiry/
Look up the corporate status, registered agent, and filing history of any construction company incorporated in New York. Useful for identifying the actual corporate entity to name in a lawsuit.
What You'll Find:
Corporate name, status (active/inactive), registered agent, principal address, filing dates.
Related Legal Resources
Labor Law 240 (Scaffold Law)
Strict liability for gravity-related construction injuries. The most powerful worker protection law in America.
Labor Law 241(6) Claims
How Industrial Code violations create civil liability for construction injuries. The legal backbone of violation-based claims.
Wrongful Death Claims
When safety violations kill. EPTL 5-4.1, Carlos' Law, and how fatal construction accidents lead to accountability.
Frequently Asked Questions
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Injured on a Job Site With Safety Violations?
If your construction accident was caused by OSHA or Industrial Code violations, those violations are powerful evidence supporting your claim. Property owners and contractors who ignore safety rules can be held liable. Get a free case evaluation — you pay nothing unless we recover compensation.