ALJ Decision and Order in JLJ IV Enterprises, Inc., OSHRC Docket No. 22-0970, Directed for Review.

JLJ is a construction company that contracts with NYC to upgrade NYC’s infrastructures, e.g., replacement of water mains, sidewalks, curbs, catch basins, etc., for pedestrian safety improvements. (See Jt. Stip. Facts ¶4; Tr. 370:24-371:2.) Relevant here, JLJ contracted with NYC to address a realignment of a sidewalk and curb to bring the curb out, also known as a “bump out,” on the northwest corner of West 34th Street and 8th Avenue in Manhattan. (Id. at ¶5; Tr. 371:25-372:4.) During this work, JLJ was responsible for rebuilding the walls and roof of a Con Ed manhole located at 33rd Street and 8th Avenue (the “worksite”) pursuant to a separate agreement between JLJ and Con Ed.