ROCHESTER, N.Y. (WROC) — A Rochester roofing company must now pay over $16,000 in penalties after an employee's 40-foot fall. According to the Department of Labor, Elmer W. Davis violated OSHA regulations after an employee fell four stories in Newark. The employee stood near the edge of a roof as trying to guide a crane's operation. OSHA said the employer failed to protect the employee, alleging the company allowed its employees to use an unsafe ladder. It was further alleged that the workers performing roofing work did not use necessary fall protection. The judge ruled the company had knowledge of the violation and failed to implement it into its safety program. The judge also rejected the company's defense that unpreventable employee misconduct should be automatically credited based on a prior case. News 8 has reached out to Elmer W. Davis Inc. for a statement on this decision and will update this story when a representative responds.