Region 1 News Release: BOS 2001-170
Fri., Nov. 23, 2001
Contact: Ted Fitzgerald
Phone: (617) 565-2074
ELECTROCUTION DEATH LEADS TO $62,600 IN FINES AGAINST CONTRACTOR
BOSTON -- The electrocution death of a worker who came in contact with energized power lines at a Blackstone, Mass., sewer installation project has resulted in $62,600 in proposed fines against his employer.
The U.S. Labor Department's Occupational Safety and Health Administration has cited ODF Contractors, of Dorchester, Mass., for alleged willful and serious violations of the Occupational Safety and Health Act following the July 5 accident.
The worker was standing in the elevated bucket of an excavator attempting to tie together overhead wiring when the arm of the excavator contacted an energized power line, killing him instantly.
"The inspection found that the excavator was operating within 10 feet of energized lines, a clear violation of OSHA standards with which this employer was certainly familiar," said Ronald E. Morin, OSHA area director for Central Massachusetts. "As a result, we have issued a willful citation for failing to maintain a safe distance from the lines and proposed a fine of $56,000 for that hazard."
A willful violation is defined by OSHA as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
Three serious citations, totaling $6,600 in fines, were also issued. Two are for allegedly exposing employees to serious shock hazards by allowing the worker to use the excavator bucket without first deenergizing the power lines and for lack of ground fault protection for employees using a submersible pump to remove water from a trench. The third citation is for placing the excavator at the edge of an excavation, into which it could fall in the event of a collapse of the trench's walls. OSHA issues a serious citation when there is a substantial probability that death or serious physical harm could result from the cited condition, and the employer knew, or should have known, of the hazard.
ODF Contractors has 15 working days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission.
The inspection was conducted by OSHA's Springfield, Mass., area office.
Citations and Proposed Penalties to ODF Contractors
One alleged willful violation, with a proposed fine of $56,000, for:
- employees exposed to electrocution hazards due to an excavator being operated within ten feet of energized power lines.
Three alleged serious violations, with $6,600 in fines proposed, for:
failure to supply employment or a place of employment free from recognized hazards likely to cause death or serious physical harm in that employees were exposed to serious shock hazard from standing in the bucket of an excavator that was in contact with energized power lines;
- no grounding protection or GFI protection for employees using a submersible pump to remove water from a trench;
- an excavator was located at the edge of an excavation where there was a risk of its falling into the excavation in the event of a wall collapse.
|Total proposed penalties:
The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029.