Watch Where You Walk! Hardhats Busted in OSHA Card Scam

Authorities have busted 30 construction workers and confiscated more than 70 fraudulent certification cards at job sites around Manhattan and Brooklyn, the Department of Investigation announced yesterday. The arrests were the result of a two-week sweep with the Buildings Department, whose inspectors issued full and partial stop-work orders at 14 different job sites.

One construction-company owner was charged with possessing 32 of the bogus cards. The federal Occupational Safety and Health Administration (OSHA) cards are required to work on scaffolding, sidewalk sheds, and at large job sites in New York City. In May, a 72-year-old woman was hurt by falling debris while walking beneath a sidewalk shed on West 23rd Street.

Arrests occurred at the following sites where DOB inspectors found violations:

• 236 E. 47th St., Manhattan  - partial stop work order issued for work inadequate protection of  sidewalk and walkways in front of building.  (1 arrest)
• 530 Park Ave., Manhattan - partial stop work order issued for work inadequate protection of sidewalk and walkways in front of building.  (1 arrest)
• 502 Park Ave., Manhattan – partial stop work order issued for work contrary to approved plans regarding the installation of supported scaffolding. (2 arrests)
• 923 Fifth Ave., Manhattan – partial stop work order issued for not having correct training certificate cards for workers on supported scaffolding. (1 arrest)
• 444 E. 75th St., Manhattan – partial stop work order issued for work contrary to approved construction and  inadequate protection of sidewalk and walkways in front of building.  A violation was issued for a worker on site without a valid OSHA card. (1 arrest)
• 425 E. 86th St., Manhattan – partial stop work order issued for work contrary to approved  documents, including the installation of the supported scaffold on the main roof. (1 arrest)
• 304 E. 42nd St., Manhattan – full stop work order issued for the use of supported scaffold without certification and inadequate protection of sidewalk in front of building. (6 arrests)
• 401 E. 34th St., Manhattan – full stop work order issued for inadequate protection of sidewalk and walkways in front of building. (10 arrests)
• 201 E. 21st St., Manhattan – full stop work order issued for work contrary to plan and inadequate protection of sidewalk and walkways in front of building. (5 arrests)
• 325 Clinton Ave., Brooklyn – partial stop work order issued for a lapse of workers’ compensation insurance and violations for inadequate safety measures in place. (2 arrests)

Of the 30 individuals charged, 28 were referred for prosecution to the office of the New York County District Attorney.

DOI Commissioner Rose Gill Hearn said, “Safety at construction sites is a priority, and this joint sweep underscores the City’s commitment to enforcement. Using fake certifications to bypass required training is wrongdoing that puts workers and the public at risk and will not be tolerated. I commend the DOI investigators and the DOB inspectors who uncovered and stopped this hazardous conduct. DOI’s effort in this area continues.”

DOB Commissioner Robert D. LiMandri said, “Safety training is essential to safe construction operations, and these arrests send a clear message that anyone who attempts to circumvent these regulations will face serious consequences. Construction is vital to our City's growth, but those who cut corners on the job site are putting the safety of all New Yorkers at risk. I would like to thank Commissioner Rose Gill Hearn and her staff for their great work, as well as our inspectors who participated in this important investigation."

Manhattan District Attorney Cyrus R. Vance, Jr., said, “Cutting corners on construction projects is not only dangerous, but possibly criminal. Everyone in the construction industry must make safety a priority. New Yorkers walk under scaffolding every day on their way into their homes, to work, to school. The integrity of construction scaffolding must be upheld, and I thank DOI and DOB for conducting this investigation.”

Brooklyn District Attorney Charles J. Hynes said, "These rules are in place to protect the public. Bypassing regulations at construction sites puts us all at risk. These offenders will be prosecuted to the full extent of the law."

DOI initiated this operation after DOB reported in September that its inspectors had found fraudulent scaffold certification cards at numerous work sites in Manhattan. DOI coordinated a response with DOI investigators and DOB inspectors visiting 16 work sites in Manhattan, the Bronx, Brooklyn, and Queens beginning on Friday, October 12, and resulting in arrests at ten of the locations.

Three individuals were charged with Criminal Possession of a Forged Instrument in the Second Degree, a class D felony, and the remaining individuals were charged with the class A misdemeanor Criminal Possession of a Forged Instrument in the Third Degree.

The forged cards displayed numbers that were never issued and training courses that did not exist, used thin paper instead of plastic, and included typos, among other  irregularities. Defendants indicated they purchased individual bogus cards for between approximately $25 and $450 at locations throughout the City.

No individual may use a supported scaffold without a scaffold user certificate. Valid scaffold certification cards are required under Local Law 52 and must be obtained from OSHA, OSHA-trained or certified providers, or a provider of a training course reviewed by DOB, which has posted on its website a list of courses in keeping with the local law.

Separately, workers performing construction work at major New York City buildings must complete an approved course in construction safety approved by OSHA.