Prosecutor Charges Small NJ Contractor Over 2017 Fatal Collapse

Abstract

The U.S. attorney in New York City brought the charges Aug. 3, the fifth anniversary of the accident, in the form of a court information, which unlike an indictment does not require review by a grand jury. On the Hackensack, N.J.-based company's website, OneKey states it is a builder, general contractor and construction manager that offers services under lump-sum, guaranteed maximum price and negotiated procurement. Federal prosecutors now charge OneKey and the individual they say controlled the company and its work at the jobsite, Finbar O'Neill, with ignoring a soil compaction plan prepared by an engineer. The blocks "Would cut into the one-to-one slope" required by the engineer, according to the U.S. attorney, and "Hold back the pile of dirt" to facilitate work on the different buildings in the development. After the retaining wall was constructed along one building location at the site, a project superintendent talked to O'Neill about extending it to another part of the site for the next building. The superintendent advised O'Neill that he should consult the engineer because "In sum and substance" it "Could kill someone," said the U.S. attorney. O'Neill responded, the U.S. attorney charged, "In sum and substance, that he didn't care." It isn't clear when the OSHA Review Commission will make a final determination about the safety penalties.