Newark Roofing Co. Pleads Guilty After Worker Dies In Fair Lawn

NEWARK, NJ — A general contracting company based in Newark admitted violating Occupational Safety and Health Administration (OSHA) standards, leading to the death of an employee, federal prosecutors announced Thursday.

According to the U.S Attorney’s Office, Trustworthy LLC, d/b/a “Trustworthy Roofing and Siding,” (Trustworthy) via its owner, Derico Ferreira, pleaded guilty in Newark federal court to willfully violating OSHA standards.

Prosecutors said the company failed to provide fall protection to employees engaged in the construction of a residential home, which caused the death of an employee.

The U.S Attorney’s Office released the following allegations involving the case:

“On Oct. 15, 2016, Ferreira and four employees began installation of a new roof on a two-story residential home located in Fair Lawn. Trustworthy did not use or provide to its employees any personal fall protection equipment, such as safety harnesses, lanyards, tie-off ropes, guard rails, safety nets, or other feasible means of fall protection, while they were working on the roof. During the installation of an ice and water shield, one of Trustworthy’s employees (Employee 1), fell off the left corner of the roof. Employee 1 was not wearing any fall protection gear at the time. Ferreira had the required equipment in his truck, and could have also installed a guard rail system around the perimeter of the roof from a ladder, prior to the start of roofing work, but failed to do so.”

Trustworthy LLC was previously cited by OSHA during an inspection in 2014 for failing to provide fall protection to its employees, prosecutors said.

According to prosecutors, if the court accepts the terms of the plea agreement, Trustworthy will be sentenced to five years of probation and must pay $305,275 in restitution to the family of the deceased employee.

The plea agreement also includes conditions that Trustworthy must follow, such as providing training procedures to all its employees, and requiring workers to follow enhanced safety provisions for future construction jobs, prosecutors said.

Sentencing is scheduled for Sept. 15.

According to OSHA’s Parsippany area office, falls are the leading cause of construction fatalities.

Since last year, two Essex County workers died as a result of falls. In September 2020 in Fairfield, a 55-year-old worker died from a 20-foot fall when the lift he was working from tipped over during demolition operations. While inspecting an exhaust system in January of this year, a 44-year-old worker fell approximately 20 feet at a Newark work site, OSHA said.

Additionally, in January and just last month, two workers in Livingston suffered severe injuries after falling from roofs, according to OSHA spokespeople.

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