Newark Company Gets Probation After Worker's Fatal Fair Lawn Fall

FAIR LAWN, NJ — A Newark contracting company was sentenced to five years probation for violating Occupational Safety and Health Administration (OSHA) standards, which resulted in the death of an employee who fell off a roof in Fair Lawn in 2016, federal prosecutors said.

According to the U.S. Attorney's Office, Trustworthy LLC, which did business as "Trustworthy Roofing and Siding," via its owner, Derico Ferreira, previously pleaded guilty in Newark federal court to willfully violating OSHA standards by failing to provide fall protection to employees engaged in the construction of a residential home.

Prosecutors released the following statement about the fatal fall:

"On Oct. 15, 2016, Ferreira and four employees began installation of a new roof on a two-story residential home located in Fair Lawn, New Jersey. Trustworthy did not use or provide to its employees any personal fall protection equipment, such as safety harnesses, lanyards, tie-off ropes, guard rails, safety nets, or other feasible means of fall protection, while they were working on the roof. During the installation of an ice and water shield, one of Trustworthy's employees (Employee 1), fell off the left corner of the roof. Employee 1 was not wearing any fall protection gear at the time. Ferreira had the required equipment in his truck, and could have also installed a guard rail system around the perimeter of the roof from a ladder, prior to the start of roofing work, but failed to do so."

In addition to the five years of probation, the company will pay restitution of $305,275 to the estate of the employee.

OSHA previously cited the company for failing to provide fall protection to its employees during an inspection in 2014, authorities said. Now, they'll have to take steps to correct the OSHA missteps, according to prosecutors.

"The plea agreement also includes specified conditions that Trustworthy must follow, including providing training procedures to all its employees and a requirement to follow enhanced safety provisions for future construction jobs. The company must also notify OSHA of each new construction job it undertakes and permit entry to OSHA employees at all of its worksites," they said.

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