OSHA Proposes $648,094 in Fines Over Deep Excavation Hazards at Monroe Commercial Site

Federal workplace safety regulators have proposed $648,094 in penalties against six construction employers working on a major commercial development in Monroe, New York. The Occupational Safety and Health Administration (OSHA) initiated the enforcement action after receiving reports of cave-in and struck-by hazards tied to a massive excavation.

The violations occurred at the Monroe Commons project, also known as the Magna Square development. The project involves a planned four-story, 408,000-square-foot mixed-use commercial building featuring retail spaces, offices, and a 39-room hotel across an 18-acre site.

Unstable 75-Foot Embankment Lacked Protective Support

OSHA inspectors discovered an excavation that featured a steep, unstable dirt embankment standing nearly 75 feet high. Agency officials determined that the soil face had not been adequately sloped or shored to prevent a catastrophic collapse onto laborers below.

In total, OSHA issued 23 serious citations and five willful citations across the project’s general contractor and five subcontractors. The agency cited employers for exposing workers to cave-in, struck-by, and chemical hazards, as well as neglecting to shield workers from loose soil and rock rolling down the excavation face. Officials also found that employers failed to ensure a competent person conducted required daily site inspections.

Understanding Willful and Serious Safety Violations

Federal safety standards distinguish between degrees of employer knowledge and hazard severity. A serious violation occurs when a workplace hazard carries a high probability of causing death or serious physical harm. Subcontractors Century Max Industries Corp., DelValle Contractor, and Prime Structure Inc. received serious citations for exposing workers to cave-in and struck-by dangers. DelValle, alongside Parkstone Inc. and Obstacle Systems Inc., also received serious citations for fall hazards and chemical risks.

A willful violation is the agency’s most severe category, indicating an intentional disregard for workplace safety rules or plain indifference to worker wellbeing. OSHA issued willful citations against general contractor Advanced Plan and Build LLC, The Paving Masters LLC, and Parkstone Inc. and Obstacle Systems Inc. (operating as Drip Drop Waterproofing Inc.). Furthermore, Advanced Plan and Build and The Paving Masters were cited for willfully failing to ensure that an excavation between 21 and 75 feet deep was designed by a registered professional engineer.

Deadlines and What the Citations Mean for Employers and Workers

Proposed penalties range from $19,151 for DelValle Contractor up to $198,615 for Parkstone Inc. and Obstacle Systems Inc. The Paving Masters LLC faces $188,684 in proposed fines, while Advanced Plan and Build LLC faces $175,444. Subcontractors Century Max Industries Corp. and Prime Structure Inc. face proposed penalties of $46,340 and $19,860, respectively.

For laborers on excavation sites, unreinforced trenches and missing protective systems create severe risks of crushing injuries and suffocation. Under federal rules, each employer has 15 business days from receiving the citations and penalties to respond. The companies may pay the penalties and correct the hazards, request an informal conference with an OSHA area director, or formally challenge the citations before the independent Occupational Safety and Health Review Commission. OSHA noted that final penalty amounts and violation classifications may change during subsequent proceedings.

When construction businesses face severe administrative penalties or when laborers must deal with hazardous job sites, consulting a workplace safety attorney can help clarify regulatory defense strategies, safety compliance duties, and legal rights.

This article is general information based on OSHA and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 16, 2026.