Rules + Regs

Company charged with allegedly operating a fraudulent construction safety school

Valor Security and Investigations, New York, and six of its executives were charged Feb. 28 in New York with allegedly operating a fraudulent safety school, according to ABC News.

The indictment states Valor Security and Investigations claimed to have trained 20,000 construction workers between December 2019 and April 2023, saying the workers were fully trained in “safety training, safety inspections, safety plans and security services” after 40 hours of instruction. However, Alvin Bragg, a Manhattan district attorney, says the company allegedly issued “thousands and thousands of safety certificates and cards without providing any training at all” and charged between $300 and $600 for a bogus site-safety training card.

Construction workers have been required by law to receive safety training since 2017.

According to the indictment, Valor Security and Investigations; its president, Alexander Shaporov; and five other employees are charged with enterprise corruption.

One New York City worker, Ivan Frias, died in 2022 after falling from the 15th floor of a job site on the Upper West Side. According to the indictment, Valor Security and Investigations allegedly falsely certified Frias had completed 10 hours of safety training, including eight hours of fall-protection training.

New York City Buildings Commissioner Jimmy Oddo says any construction worker who received a card from Valor Security and Investigations should seek retraining.

NRCA’s classes, webinars and products offer information to ensure you properly train your employees and can keep them safe on job sites. Visit shop.nrca.net for more information.

Roofing contractor faces $306,229 in penalties for fall hazards

A roofing contractor with a history of fall-related safety violations again exposed its employees to potentially fatal falls of up to 20 feet at a residential worksite in Boston.

Brothers Construction Services Inc., Framingham, Mass., which also operates as Brothers Construction and Roofing and Brothers Roofing, faces $306,229 in penalties following an Occupational Safety and Health Administration inspection. The company is not an NRCA member.

OSHA opened an inspection of Brothers Construction Services in August 2023 in response to a complaint that workers on the roof of a residential property were not using fall protection. Inspectors observed multiple OSHA violations: Brothers Construction Services did not provide fall protection for employees exposed to a 20-foot fall hazard; train employees about fall hazards; have a competent person conduct frequent and regular inspections of the job site to identify and correct hazards; and provide employees with hard hats and eye protection, among other violations.

As a result, OSHA cited Brothers Construction Services for eight willful, repeat, serious and other than serious violations, totaling $306,229 in proposed penalties. The company and/or commonly owned companies have been cited for similar hazards since 2011.

DOL’s independent contractor final rule takes effect

The Department of Labor’s independent contractor final rule went into effect in March.

The new “totality-of-the-circumstances” framework uses six nonexhaustive factors to determine workers’ independent contractor status, including the nature and degree of control over the work, extent to which the work performed is an integral part of the employer’s business and permanence of the arrangement.

Acting Secretary of Labor Julie Su says the rule will protect full-time workers who are misclassified and who often work alongside properly classified employees.

Several business groups, including the Coalition for Workforce Innovation, Associated Builders and Contractors of Northeast Texas, and Associated Builders and Contractors Inc., have been challenging the new standard since DOL began looking for ways to implement it beginning in 2021. Their requests moved through the courts, but a Texas district court judge did not address the final request for an enjoinment before the final rule took effect.

Additionally, the Society of Human Resource Management says the “ongoing shifts in regulatory guidance impose compliance burdens and legal uncertainties” for human resources professionals. The association also has announced its support for a resolution under the Congressional Review Act that would repeal the new independent contractor rule and called for a return to the 2021 rule.

“We believe the current rule fosters ambiguity, deterring businesses from extending essential training to independent workers,” says Emily M. Dickens, SHRM’s chief of staff and head of public affairs. “The 2021 rule struck a balanced approach, promoting business flexibility while curbing misclassification risks.”