Department of Labor Logo OSHA News Release - Region 1


January 18, 2024

 

US Department of Labor investigation of construction worker’s fatal injuries finds Stoughton contractor failed to follow required safety procedures

LMA Services Company LLC faces $142K in penalties

 

BRAINTREE, MA – A federal investigation has found that a Stoughton general contractor could have prevented an employee from suffering fatal injuries in June 2023 if the employer had followed required safety regulations and trained workers on the safe operation of heavy equipment at a Brockton work site.  

The U.S. Department of Labor's Occupational Safety and Health Administration found LMA Services Company LLC exposed employees to struck-by and caught between hazards as they worked near a compact track loader doing excavation work for a new building at Brockton Hospital. 

OSHA investigators discovered the track loader's bucket was elevated and being used to load and unload crushed stone on uneven ground as an employee worked beneath. During the operation, the employee suffered fatal injuries after being struck by the loader and pinned between the ground and the bucket. Further, after OSHA served subpoenas for documents and for managers to testify, the employer delayed providing injury and illness records, which employers are required to provide within four hours of OSHA's request.  

OSHA issued LMA Services Company a willful citation for failing to adequately protect its employees. The citation noted that the employer could have protected its employees by training them to follow the manufacturer's safety warnings, being aware of hazards in the work area and establishing a site-specific safety plan. OSHA also issued the company a second other-than-serious citation for its failure to provide the requested OSHA logs within the required time period. The agency assessed $142,642 in proposed penalties. 

View the willful and other than serious citations.

"LMA Services Company's safety failures led to the loss of a worker's life, a tragedy that could have been prevented if proper procedures were followed," said OSHA Area Director James Mulligan in Braintree, Massachusetts. "Federal law requires employers to identify hazards that can cause harm and make corrections to ensure workers' safety and health."

The U.S. Bureau of Labor Statistics reports 484 fatalities caused by being struck by an object or equipment in the workplace in 2022. Approximately 75 percent of struck-by fatalities involve heavy equipment such as trucks or cranes.

Learn more about workplace safety and health

Based in Stoughton, LMA Services Company LLC is a general contractor specializing in earthwork.

LMA Services Company has contested its citations and penalties to the independent Occupational Safety and Health Review Commission.

 

Media Contacts: 

James C. Lally, 617-565-2074, lally.james.c@dol.gov
Ted Fitzgerald, 617-565-2075, fitzgerald.edmund@dol.gov

Release Number:  23-2620-BOS