OSHA investigations stall work on new medical offices in Paterson

PATERSON – Federal safety investigations have delayed the construction of a five-story medical office building on Straight Street – a situation the contractor blames on labor union members who he said are upset because he uses non-union workers.

After getting an anonymous complaint about possible fall hazards at the construction site, the United State Occupational Safety and Health Administration (OSHA) sent an investigator to the location on May 8, according to federal spokeswoman, Joanna Hawkins. That visit, she said, resulted in formal investigations against the general contractor, Litana Developers, and steel fabrication contactor, Saman Construction.

The investigator did a follow-up visit to the site on May 15 to see if the hazard had been fixed and ended up opening a third investigation against the masonry contractor, Tacuri Construction, Hawkins said.

“It’s really affecting our progress,” said Litana owner Jim Aboukaff.

Construction on the $6 million, 50,000-square foot building near St. Joseph’s Regional Medical Center first started in 2013, he said. But work had to stop because of the proximity of utility wires and construction did not resume until August 2014, Aboukaff said.

The developer said men who identified themselves as union representatives previously had threatened to call OSHA about his project if he did not get workers from labor unions. OSHA previously had conducted inspections and issued fines at the Straight Street construction site last November.

“I understand OSHA has to do their job, but they keep coming back again and again,” Aboukaff said.

The developer argued that the inspectors’ findings should not be seen as evidence that the construction site is unsafe. “When OSHA comes, they’re going to find something,” he said. “That’s their job.”

Federal officials say they cannot inspect all job sites, but do send investigators when they get complaints, even anonymous ones, about safety problems. “OSHA does not unfairly target employers,” said Hawkins.

The recent OSHA investigations have focused on the construction of the building’s stairways, Aboukaff said. The federal agency wants the metal frame of each stair filled with concrete, stair-by-stair, as the stairway gets built, he said. Meanwhile, he said, the inspectors also want lights installed in the stairways.

“Which comes first? The concrete, the railings or the electricity?” the developer asked. Aboukaff said each aspect of the job technically requires work to be already done on the other two.”

Aboukaff said he needs OSHA approval to resume work on the stairways.

Councilman Kenneth Morris said Aboukaff has alerted him to the situation. “I have concerns when projects are unreasonably delayed over allegations of retaliation by labor unions,” said Morris, “particularly because Paterson is in need of economic development.”

Morris works as an executive at the nearby hospital, but said he was speaking about the situation in his role as a government official.

Aboukaff said his company is starting construction on a second medical office building near the hospital, a $4 million, 30,000-square-feet project near the corner of Main and Levine streets. OSHA inspectors also visited that site, he said.

“They couldn’t find anything wrong because all we’re doing is digging a hole,” the developer said.

Source: North Jersey.com