The U.S. Department of Labor has reached a settlement agreement with Granite & Marble Services LLC, a New Jersey contractor, following the fatal fall of a worker at a Bayonne construction site in October 2023.
The Occupational Safety and Health Administration (OSHA) conducted an inspection after being alerted by the Bayonne Police Department about the incident. Inspectors found that a 39-year-old worker fell from the fifth level of a multi-unit residential building while unloading materials on an elevated platform. OSHA determined that the work platform was not fully secured to prevent tipping or dislodgement from a telehandler’s forks. Additionally, Granite & Marble Services failed to provide required fall protection and used the work platform without written approval from the telehandler’s manufacturer. The company was cited for four serious violations.
Upon receiving citations on April 25, 2024, Granite & Marble Services requested an informal conference with OSHA's area director and subsequently reached a settlement agreement. This agreement affirms the company's four serious violations and mandates payment of a $13,500 penalty. It also requires enhanced abatement measures and development of both a safety program and fall protection plan.
“While this settlement cannot reverse the preventable loss of life, it goes a long way to ensure that Granite & Marble Services LLC will abate hazards and implement safety measures to stop another tragedy,” said OSHA Area Director Joseph Czapik in Parsippany, New Jersey. “Falls are the leading cause of death in the construction industry, which is why industry employers must protect their workers from clearly deadly hazards to ensure a safe workplace.”
In addition to investigating Granite & Marble Services LLC, OSHA inspected ARC NJ LLC—operating as ARC Building Partners LLC—the general contractor at the Bayonne site. The company was cited for two serious violations related to securing the platform to the forklift and obtaining manufacturer’s written approval before using it with the telehandler. Proposed penalties total $22,584, and ARC NJ LLC has submitted a notice contesting these citations to the Occupational Safety and Health Review Commission.
According to Bureau of Labor Statistics data from 2022, there were 1,069 fatalities among construction workers, including 395 deaths resulting from falls from elevation.
OSHA provides safety information through its "Stop Falls" website offering resources in English and Spanish on fall hazards and proper safety procedures. Additional compliance assistance is available for protecting roofing workers and developing comprehensive safety programs.
