5 Years Probation For Newark Company After Worker’s Fatal Fall

NEWARK, NJ — A general contracting company based in Newark was sentenced to five years’ probation on Thursday for violating Occupational Safety and Health Administration (OSHA) standards, leading to the death of an employee 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.”

OSHA previously cited the company for failing to provide fall protection to its employees during an inspection in 2014, authorities said.

According to prosecutors:

“In addition to the five years of probation, Trustworthy will pay restitution of $305,275 to the estate of Employee 1. 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.”

Falls continue to pose a deadly risk to construction workers across the nation, including in New Jersey, according to OSHA officials.

Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees in the U.S., accounting for 401 of the 1,061 construction fatalities recorded in 2019, federal labor bureau data shows.

• See related article: Construction Worker Falls Pose Deadly Risk In Essex County, OSHA Says

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