East Patchogue Construction Firm Cited In Fatal Building Collapse

EAST PATCHOGUE, NY — An East Patchogue construction company has been cited for what federal regulators call "willful and serious" workplace safety violations. The U.S. Department of Labor's Occupational Safety and Health Administration, or OSHA, said Northridge Construction Corp. faces more than $224,000 in fines after a worker died in a December 2018 building collapse while installing roof panels on a shed.

In a citation summary written June 5 and addressed to Timothy Kaywood, OSHA said employees were assembling a shed and there was a possibility of head injuries, yet they were not protected by protective helmets. Furthermore, one worker was "exposed to fall hazards" while walking 12 feet above a concrete surface on the roof panels of the partially completed structure.

Inspectors determined the company failed to provide fall protection and protective helmets, didn't ensure the building's roof was safe and misused a ladder, OSHA said in a release last week. This includes using the top step of a stepladder as a step.

"Fall-related fatalities are preventable if employers use required fall protection systems, such as guardrails or personal fall arrest systems," said Anthony Ciuffo, the agency's Long Island area director. "OSHA standards are legal requirements that every employer must follow to ensure workers are protected from serious injuries."

The worksite was located in East Patchogue near Montauk Highway and Gazzzola Drive.

In the citation summary, Ciuffo said Kaywood had 15 business days to choose from one of three options: Discuss the citation with OSHA which could result in amended fines; agree with the citation and penalties and pay the fine; or contest the citation and penalties. There were six total violations.

Northridge Construction chose to dispute the citations and proposed penalties to the independent Occupational Safety and Health Review Commission, OSHA said.

The company referred comment to attorney Joe Rufolo, who told Patch on Monday that it is contesting the violations.

"We expect to and are fighting the claim," he said.

Rufolo confirmed the worker was installing roof panels when he fell, but faulted the worker for what he called "employee misconduct." The workers were putting metal panels on the roof, he said, and the worker was walking on a panel before it was properly screwed down.

"He only fell about 10 feet but unfortunately, the way he fell, he died," said Rufolo. "But he should've never been on top of the panel until it was screwed in place."

OSHA said companies are responsible for providing safe and healthful workplaces for their employees under the Occupational Safety and Health Act of 1970.