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OSHA Proposes $648,000 in Fines After NY Hazard

Scaffolding casting shadows on a concrete wall
Illustrative imagePhoto: Ricardo Gomez Angel / Unsplash

The U.S. Occupational Safety and Health Administration (OSHA) has announced $648,094 in proposed fines against six contractors working on the Monroe Commons project, also known as Magna Square, in Monroe, New York. OSHA acted after a report of collapse and struck-by hazards at a deep excavation; the inspection also identified chemical hazards and missing fall protection, among other issues.

The project includes a planned four-story building of about 38,000 square meters with retail, offices and a 39-room hotel, on a site of more than 7 hectares. The excavation ranged from 6 to 23 meters deep, with a steep, unstable wall nearly 23 meters high that OSHA said was not adequately sloped or shored.

What violations were identified?

OSHA identified a total of 23 serious and 5 willful violations at the general contractor and five subcontractors. These include inadequate protection against wall collapse and against falling or rolling earth and rock, failure to conduct daily inspections by a competent person, and, at two companies, the absence of an excavation design by a registered engineer. At several subcontractors, violations involving fall protection and chemical exposure were also cited.

The proposed fines vary widely by company. Advanced Plan and Build LLC ($175,444) and The Paving Masters LLC ($188,684) were among those cited for willful violations, including the lack of an excavation design by a registered engineer. For Parkstone Inc. and Obstacle Systems Inc. (which OSHA says operates as Drip Drop Waterproofing Inc.), OSHA is proposing a combined $198,615 for willful and serious violations. Century Max Industries Corp., DelValle Contractor and Prime Structure Inc. were cited only for serious violations, with proposed fines of $46,340, $19,151 and $19,860, respectively.

What happens next?

These figures are proposed fines, not a final penalty. Under standard OSHA procedure in the United States, employers have 15 working days after receiving the citation to contest it before the independent Occupational Safety and Health Review Commission. If no contest is filed within that period, the violations and fines become final. The source article itself does not mention this deadline. Whether any of the six companies will contest the citations is not yet known.

Context

Trench collapses remain a serious problem in the United States. According to an analysis by buildermuse.com, based on preliminary OSHA figures, 39 construction workers died in trench collapses in the U.S. in 2025, the highest number in more than a decade. Between 2022 and 2025, 131 workers died in trench collapses; fatalities have risen 44 percent since 2020. In about 60 percent of the fatal cases examined, a competent person was absent, inadequately trained or lacked authority, and in 78 percent there was no sloping, shoring, shielding or benching. OSHA conducted 1,847 trenching inspections in fiscal year 2025, 31 percent more than in fiscal year 2023, and sought 14 judicial restraining orders for imminent danger, the highest number in the agency’s history.

For HSE professionals worldwide, this case illustrates a recurring pattern: excavation hazards are technically well manageable through sloping, shoring or trench boxes and daily inspection by a competent person, but these controls only work if they are actually applied. The fact that violations were found at six companies on a single job site underscores that excavation safety is a shared responsibility between general and subcontractors.

Source: OSHA proposes $648K in penalties against six contractors in NY construction project, October 16, 2026

Additional research: Trench collapses killed 39 workers in 2025

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