Sign Co. Is Fined $42K For Safety Violations

[Erik Sine]

Oh boy, pinched by big governments enforcer.

Sign company fined $42,350

August 10, 2011 |

A neon sign company has been fined for exposing employees to fall hazards at a job in Manhattan this May.

The U.S. Occupational Safety and Health Administration has cited North Shore Neon Sign of New York for six alleged violations of workplace safety standards after an OSHA inspector observed employees exposed to fall hazards while repairing a sign in Union Square, Manhattan in May. The company faces a total of $42,350 in fines.

The inspector observed an employee working on a scaffold that lacked a guardrail system while another employee was climbing out of the elevated platform of an aerial lift onto the scaffold. Neither employee was tied off to prevent a fall, and there was no ladder or other means of safely accessing the scaffold. Additionally, the employees were not wearing head protection and the lift’s outriggers were improperly set and could have caused it to overturn.

As a result OSHA cited the company for three repeat violations with $26,180 in proposed fines and three serious citations with $16,170 in proposed fines. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. In this case, the repeat citations relate to a similar OSHA citation in November 2009 at a Wantagh work site.

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.

“These conditions exposed workers to potentially deadly or disabling falls of up to 12 feet to the concrete sidewalk below,” said Kay Gee, OSHA’s Manhattan area director. “Having effective fall protection in place and in use at all times is critical to avoiding needless accidents that can have devastating effects.”

North Shore Neon has 15 business days to comply, meet with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

[UFB Fabrication]

I am wondering if compliance or a revenue stream is the motive. I worked for a shop 10-15 years ago and the fines have out stripped cost of living. I talked to a vendor yesterday and he is likely going to close declare bankruptcy and re open under different name and owner due to very minor issues with OSHA. I am also thinking part of the problem is the guys working on the job site did not follow procedures. Hopefully the company can prove that and have fines reduced. Sadly I see legitimate companies under constant assault while folks work out of the backyard or garage and do not follow ANY laws, rules or standards.

[fishing nut]

A guy in north Jersey just got busted yesterday by OSHA for climbing out of the bucket onto a roof. He doesnt know what the fine is yet, Anyone have an idea of the cost is going to be..

[alltex]

I hate to hear this. I do not know the company. They appear to be a decent sized firm. I would assume they have safety meetings. As well as a zero tolerance policy on fall protection safety gear being worn at all times when in the air. I wonder why OSHA doesn't direct the fines and penalties directly to the individual at fault? OSHA is going to investigate regardless. If the owner of the company followed all the correct safety procedures. And the employee chose not to follow them. Why should the owner be fined? I understand this isn't how OSHA works. We all want our employees to be safe. It is impossible to watch everyone of them daily on every job site. The thought of them having to pay a 15k fine. May just be the awakening and accountability an employee needs. As far as the scaffolding goes. I will never own a section. Anytime we are required to use scaffolding. I go through a second party who;supplies, installs, and signs off on their work.

[Erik Sine]

I am wondering if compliance or a revenue stream is the motive. I worked for a shop 10-15 years ago and the fines have out stripped cost of living. I talked to a vendor yesterday and he is likely going to close declare bankruptcy and re open under different name and owner due to very minor issues with OSHA. I am also thinking part of the problem is the guys working on the job site did not follow procedures. Hopefully the company can prove that and have fines reduced. Sadly I see legitimate companies under constant assault while folks work out of the backyard or garage and do not follow ANY laws, rules or standards.

I think it's both revenue stream and compliance, I might even go so far as too say non compliance to excessive regulation. I wasn't there, but could it be possible the outrigger deal is something so minor, maybe wasn't out far enough, maybe couldn't be because of traffic conditions, or maybe the operator didn;t pull out his measuring tape and just eyeballed it? I wasn't there but for someone who's company I'm sure took the course to get certified the violation (probably first in line) may be excessive. But it should be the job of the Supervisor on site to be keeping everything on the up and up. Fact is OSHA has too many teeth, this government has gotten out of hand, instead of just rolling along with them.

As for revenue stream, the government and states sure like/want their money right now. I'm seeing more highway patrol right now actively pulling anyone over for any reason, that includes cracked windshields and tailights.

A guy in north Jersey just got busted yesterday by OSHA for climbing out of the bucket onto a roof. He doesnt know what the fine is yet, Anyone have an idea of the cost is going to be..

You can't put a bucket on a roof and climb out? Are you serious? I do that all the time but I'm exempt from OSHA.

I'm not saying OSHA's a waste of time and only looking to club people over the head, but I hear way too many stories for people getting cited for the STUPIDEST of violations, violations that are a result of OVER regulation.

Edited October 31, 2011 by Westcoast Sign Guy
Name Correction

[UFB Fabrication]

I am not sure anyone is exempt from OSHA . My vendor is a 3 person shop, him wife and son. He said he is set up as a sole proprietor. I would say anyone out working and seen by the general public is or could be under OSHA's per view.

[Erik Sine]

Ownership is exempt, because he is set up as a "sole" proprietor, his wife and son are not.

Long story short, when I first started or got my contractors license I was installing a set of channel letters with a plank and ladders. My first employee (when I had them)was a very good friend I grew up with.

A OSHA inspector just happened to be on lunch (supposedly) viewed us and noticed the plank was slightly "inches" over 6', so he came over and fined me, I had to leave the job site because it was now a occupational hazard until the citation was resolved. He started to ramble on about "safety meetings" the whole spill of comprehensive programs, posters on the wall keep in mind, I had s single employee shop. In all honesty, I think it was only myself on the plank at the time he came over, at least that was his account when he originally came up to us.

At the OSHA "hearing", I was ready to shell out whatever they were fining me for, "employee not wearing a harness for 6'-3". BUT, now right to my face, or our faces his story changed, the agent. He started to say he observed my employee performing dangerous tasks on the plank, and that we were even WAY beyond 6' and other crazy exaggerations as he was trying to "perfect" his case, like any cop does. I was shocked, shocked, so for that, my story changed too. I told the "judge" I guess you would call him, that my supposed "employee" was actually my "parnter". They asked for proof, and at the time I had something worked out with payment to him (I can't remember so long ago and details are fuzzy), anyway I showed them from my checkbook and since he was a "partner" or "part ownership" the violation was thrown out, good day.

Since then, I had another OSHA agent come up to me and ask to inspect the premises, or jobsite because I wasn't wearing a harness and I said "no", he asked "why not?" I told "I'm the owner" and he said "okay" and walked away.

Unless something has changed, OSHA only applies to employees. In California we are lucky and privileged enough to not only have OSHA, but we have CAL OSHA too.

Now a days, I'm glad I stay small, no employees to deal with not because I don't want them, but because regulation in my state is high enough with insurance/regulation crap like this I choose to do smaller jobs and stay more lean with profits, oh, and work less! If we weren't so highly regulated in this state, it might be more of an "incentive" to hire some of the 13% unemployed. I just heard the PETCO HQ moved out of San Diego to Texas because of less regulation, I wonder why. I heard NY State workers comp is what, $28-$30 per $100? Right where this ISA Future Chairman's business resides, on top of this. It's any wonder how a business can run with license stacked on top of license.

[Erik Sine]

I need to correct myself (thanks for letting me know), North Shore Neon Sign Co. in New York is not the same company as North Shore Signs in Illinois which is owned by next years ISA Chairman. So I guess it will go without a second thought then when it comes to OSHA and over regulation

[Brian]

As the owner OSHA will not mess with you for not wearing a harness and such, but anything you do that puts others in harms way is a violation. The outriggers not being all the way out would fall under that.

[Signworksinc]

its a money grab, with a crew that size in tight area and most likely tight timing, if you watch long enough you will find something. I was busted by a cop one day because i had a pylon resting on my bumper and was blocking my flashing lights. My best fine ever was for parking in a fire route, guess who was installing the fire route signs???

[display713]

As I look at all the replies pertaining to North Shore Neon's OSHA violation, it is obvious to me that nobody has ever performed an installation in NYC, specifically the boro of Manhattan. Within my 25 year career in the sign industry, I have!

I previously worked for a different unionized sign company and we contracted North Shore Neon to perform an installation in another boro of NYC and they did a great job. They were in the same union as us, although a different "Local" and it was easier to contract their firm, rather than us crossing into their territory and performing the installation on our own.

That being said, North Shore Neon is one of a handful of sign companies, licensed to perform Exterior High Rise Installations and Service within Manhattan and by defacto, they know the rules, regulations and OSHA exposure that gets dealt with on a daily basis and there is "NO" excuse for their crews "Complacent Attitude" on the job site pertaining to the utilization of PPE, (Personal Protective Equipment).

I should know, as not too long ago, I was contracted to perform an OSHA Abatement Program for a sign/display company with 35 skilled labor employees on the South Shore of Long Island, NY only 30 minutes away from North Shore Neon. The program was a success in the sense that, pertinent PPE is utilized at every step of the manufacturing, installation and service processes as well as, "All Attendance", bi-monthly safety meetings including video recordings of potential accidents to avoid. To date the OSHA 300 Log is clean.

I believe the other thing that is being overlooked by the other repliers to this article, is that OSHA is utilized in every aspect of other manufacturing and services industries nationwide, not just the sign business.

My personal and professional beliefs as well as my political party affiliation highly believes in, "Less Government Regulation". That being stated, I still believe that OSHA has a very important and necessary presence within the sign industry and all working within it. This includes Corporate Ownership, Proprietors and Skilled Labor and should embrace this fact.

As for the 42K+ in fines that North Shore Neon must contend with; which more than likely will be adjusted down to a lower rate, compare it to getting a speeding ticket. In today's day and age, let's face it; even if your caught going only 5 mph over the speed limit, the fine is very expensive and a majority of the fine are Administrative and Neighbor Safety Corridor fees as to assist against making the same complacent mistake again, creating a safer environment for all.

I'm not exactly sure where anybody in the industry feels that if an Owner is on a jobsite whether directly hands on, or just standing around being "Da' Boss"; they can skate on jobsite safety violations is simply untrue and irresponsible!!!

North Shore Neon is a well seasoned company, with years of experience at what they do and where they do it. The OSHA violation they received, is to serve as a reminder to them of the fact that they are:

• working in a city and a boro of several million citizens, workers and tourists and safety is monumental while on jobsite.
  
• allowing undue risk of injury and possibly death to one or more of its valuable workforce.
  
• permitting complacency within the workforce that must be addressed on a daily, weekly and monthly basis of continued safety meetings to address and avoid all possible workplace and on site negligible/avoidable accidents.
  

In closing; to everyone in the sign industry during this upcoming holiday season:

Embrace your method of generating income close and your loved ones closer!

Peace-Out!

[Erik Sine]

its a money grab, with a crew that size in tight area and most likely tight timing, if you watch long enough you will find something. I was busted by a cop one day because i had a pylon resting on my bumper and was blocking my flashing lights. My best fine ever was for parking in a fire route, guess who was installing the fire route signs???

As I look at all the replies pertaining to North Shore Neon's OSHA violation, it is obvious to me that nobody has ever performed an installation in NYC, specifically the boro of Manhattan. Within my 25 year career in the sign industry, I have!

I previously worked for a different unionized sign company and we contracted North Shore Neon to perform an installation in another boro of NYC and they did a great job. They were in the same union as us, although a different "Local" and it was easier to contract their firm, rather than us crossing into their territory and performing the installation on our own.

That being said, North Shore Neon is one of a handful of sign companies, licensed to perform Exterior High Rise Installations and Service within Manhattan and by defacto, they know the rules, regulations and OSHA exposure that gets dealt with on a daily basis and there is "NO" excuse for their crews "Complacent Attitude" on the job site pertaining to the utilization of PPE, (Personal Protective Equipment).

I should know, as not too long ago, I was contracted to perform an OSHA Abatement Program for a sign/display company with 35 skilled labor employees on the South Shore of Long Island, NY only 30 minutes away from North Shore Neon. The program was a success in the sense that, pertinent PPE is utilized at every step of the manufacturing, installation and service processes as well as, "All Attendance", bi-monthly safety meetings including video recordings of potential accidents to avoid. To date the OSHA 300 Log is clean.

I believe the other thing that is being overlooked by the other repliers to this article, is that OSHA is utilized in every aspect of other manufacturing and services industries nationwide, not just the sign business.

My personal and professional beliefs as well as my political party affiliation highly believes in, "Less Government Regulation". That being stated, I still believe that OSHA has a very important and necessary presence within the sign industry and all working within it. This includes Corporate Ownership, Proprietors and Skilled Labor and should embrace this fact.

As for the 42K+ in fines that North Shore Neon must contend with; which more than likely will be adjusted down to a lower rate, compare it to getting a speeding ticket. In today's day and age, let's face it; even if your caught going only 5 mph over the speed limit, the fine is very expensive and a majority of the fine are Administrative and Neighbor Safety Corridor fees as to assist against making the same complacent mistake again, creating a safer environment for all.

I'm not exactly sure where anybody in the industry feels that if an Owner is on a jobsite whether directly hands on, or just standing around being "Da' Boss"; they can skate on jobsite safety violations is simply untrue and irresponsible!!!

North Shore Neon is a well seasoned company, with years of experience at what they do and where they do it. The OSHA violation they received, is to serve as a reminder to them of the fact that they are:

• working in a city and a boro of several million citizens, workers and tourists and safety is monumental while on jobsite.
  
• allowing undue risk of injury and possibly death to one or more of its valuable workforce.
  
• permitting complacency within the workforce that must be addressed on a daily, weekly and monthly basis of continued safety meetings to address and avoid all possible workplace and on site negligible/avoidable accidents.
  

In closing; to everyone in the sign industry during this upcoming holiday season:

Embrace your method of generating income close and your loved ones closer!

Peace-Out!

Good posts. Welcome to the SS Gary!

Would be nice if one of our members from NSN will chime in and let us know what happened and "why", whether it's careless complacency or violations due from over regulation like Sean/Rocco mentioned. I hugely doubt that will ever happen, hell, shoot me a PM or email.

[major1051]

I am not sure anyone is exempt from OSHA . My vendor is a 3 person shop, him wife and son. He said he is set up as a sole proprietor. I would say anyone out working and seen by the general public is or could be under OSHA's per view.

Nope. Sole Proprietor is exempt.

[flyingsignmonkey]

My best fine ever was for parking in a fire route, guess who was installing the fire route signs???

ha, I love it. the banality of stupid people who have risen to thier level of incompetency poor judgement and undeserved power.

once while servicing channel letters on a wall I had a cop walk up who was going into eat at the restaurant tell me I cant park in a handicap space (all the spaces in front of the sign and that elevation were handicap) I asked him how he expected the sign to get fixed and I told him to use some common sense. he walked away.

I once had an osha guy eating his lunch in his 15th floor office looking down on me putting a banner up on the wall of a parking garage come all the way down, walk outside and down the sidewalk to holler up at me that he could see me in the bucket without a harness from his office window. for what ever reason he just gave me a warning and told us me to put one on.