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Waterproofing Contractor Fined $66K

Wednesday, June 25, 2014

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A New York masonry and waterproofing contractor faces $66,600 in proposed fines for more than a dozen serious safety violations at a residential project, according to federal regulators.

The U.S. Department of Labor's Occupational Safety and Health Administration cited Kay Waterproofing Corp. for 13 safety violations, including fall and scaffolding hazards, on June 4.

Kay Waterproofing
Kay Waterproofing Corp.

Kay Waterproofing Corp. offers waterproofing, roofing and facade restoration services in the New York City metropolitan area. The company faces $66,600 in proposed fines for exposing workers to fall and other hazards, OSHA says.

Founded in 1970, the Bronx-based company offers roofing and exterior maintenance services in the New York City metropolitan area. Its portfolio includes work for prestigious residences, major hotels, and industrial and education institutions.

Kay Waterproofing did not respond Monday (June 23) to a request for comment; however, an OSHA spokesperson said the company had scheduled an informal settlement conference with the area director to discuss the citations.

Complaint Sparks Case

OSHA said it launched its investigation in December 2013 after receiving an imminent-danger complaint.

The agency discovered the alleged violations, all classified as “serious,” at a multi-story residential building under repair in Edgewater, NJ. The violations against Kay Waterproofing carry penalties ranging from $2,700 to $6,300 each.


OSHA offers information on scaffolding safeguards at this link. Sixty-five percent of the construction industry works on scaffolds.

OSHA cited the company for various scaffolding hazards. For example, the company used counterweights to balance the scaffolding, but they were not capable of resisting at least four times the tipping moment imposed by the rated load, according to the citation documents. OSHA imposed a $6,300 fine for that alleged infraction.

Further, employees working on a scaffold more than 10 feet above a lower level were not protected with fall protection equipment, OSHA said, imposing a $6,300 fine.

In addition to the fall and scaffolding hazards, OSHA said the company also failed to:

  • Provide eye protection for employees chipping and cutting masonry;
  • Provide hard hats where overhead hazards existed;
  • Ensure equipment had an electrical grounding pin and was properly guarded and protected; and
  • Ensure ladders were used for the designed purpose and were not defective.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA Record

OSHA records show one previous case against Kay Waterproofing resulting in two other-than-serious safety violations, with no penalties.

That case, also from December 2013, is closed.


Tagged categories: Building Envelope; Citations; Commercial contractors; Contractors; Enforcement; Ethics; Health and safety; OSHA; Residential contractors; Waterproofing

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