Newark Based Roofing Company Placed on Probation, Fined for Causing Death of Employee who Fell From Roof
A Newark-based general contractor has been sentenced today to five years’ probation for violating Occupational Safety and Health Administration (OSHA) standards, leading to the death of an employee, Acting U.S. Attorney Rachael A. Honig announced. at.
Trustworthy LLC, d/b/a “Trustworthy Roofing and Siding”, (Trustworthy) through its owner, Derico Ferreira, previously pleaded guilty to U.S. Magistrate Judge Mark Falk in Newark Federal Court on an information accusing it of one count of Willfully violating OSHA by failing to provide fall protection to employees involved in the construction of a residential home, resulting in the death of an employee.
According to court documents filed in this case and statements made in court:
On October 15, 2016, Ferreira and four employees began installing a new roof on a two-story residential home in Fair Lawn, New Jersey. Trustworthy has not used or provided any personal fall protection equipment to its employees while working on the roof, such as safety harnesses, lanyards, tie-down cables, guard rails, safety nets or other feasible fall protection means.
During the installation of an ice and water shield, one of the Trustworthy employees (Employee 1) fell from the left corner of the roof. Employee 1 was not wearing fall protection at that time. Ferreira had the necessary equipment in his truck and could also have installed a guardrail system around the perimeter of the roof from a ladder before the roofing work started, but he failed to do so. Trustworthy LLC was previously quoted by OSHA during a 2014 inspection as not providing its employees with fall protection.
In addition to the five-year probation, Trustworthy will repay $305,275 in Employee 1’s estate. for future construction work.
The company must also notify OSHA of any new construction contract it undertakes and allow OSHA employees access to all of its work sites.