Construction Super Fined for Leaving Site Unsupervised

DOB issued a violation notice to a building's construction super because he and his logbook weren't on site when unsafe excavation work was performed. This caused a section of the building's foundation wall to break off and rotate. Emergency repairs were required, utilities were shut off, and DOB issued a full vacate order for the building. The construction super claimed that he was away from the job that day but had designated another individual as the competent person for the job site. That person couldn't locate the site log at the time of inspection. The ALJ ruled against the construction super, finding that he failed to appoint a site superintendent to fill in while he was on vacation and failed to inspect the site, as required. The construction super was fined $25,000. He appealed and lost. 

Paolino: ECB App. No. 1800039 (4/11/18) [3-pg. doc.]