February 21, 2024
Massachusetts contractor, repeat violator, again exposes workers to potentially fatal falls, leading to $306K in OSHA penalties
Boston roofing site lacked adequate fall protection, scaffolding, ladders, safety training
BRAINTREE, MA – A Framingham roofing contractor with a history of fall-related safety violations again exposed its employees to potentially fatal falls, this time to falls of up to 20 feet at a residential worksite in Boston's Hyde Park neighborhood.
Brothers Construction Services Inc. – which also operates as Brothers Construction and Roofing and Brothers Roofing – faces $306,229 in penalties following a U.S. Department of Labor Occupational Safety and Health Administration inspection.
OSHA opened an inspection of Brothers Construction Services Inc. at the Lexington Avenue worksite on Aug. 17, 2023, in response to a complaint that workers on the roof of a residential property were not using fall protection. Inspectors observed multiple OSHA violations involving inadequate fall protection, scaffolds, ladders, training, safety inspections and personal protective equipment.
Specifically, Brothers Construction Services Inc. did not:
- Provide fall protection for employees exposed to a 20-foot fall hazard.
- Train employees about fall hazards.
- Ensure ladders were extended at least 3 feet above the upper landing surface for stability and employees did not carry loads while using ladders.
- Ensure a ladder jack scaffold that lacked fall protection was erected by a competent person and the ladders supporting the scaffold were properly angled and secured.
- Have a competent person conduct frequent and regular inspections of the jobsite to identify and correct hazards.
- Provide employees with hard hats and eye protection.
- Provide inspectors with OSHA 300 illness and injury logs within four business hours.
As a result of these conditions, OSHA cited Brothers Construction Services Inc. for eight willful, repeat, serious and other than serious violations, carrying a total of $306,229 in proposed penalties.
View the citations issued to Brothers Construction Services Inc.
"Falls remain the number one killer in construction work, year in and year out. Yet, this employer and too many others repeatedly fail to provide and ensure basic, commonsense and legally required safeguards for their employees," said OSHA area director James Mulligan in Braintree, Massachusetts.
"At this worksite, OSHA inspectors observed eight workers exposed to falls of up to 20 feet due to lack of fall protection, employee training, an improperly erected scaffold and failure to have a competent person inspect the jobsite to identify and correct hazards," added Mulligan. "Brothers Construction Services Inc.'s violations left its workers one slip, trip or misstep away from a potentially fatal incident."
Since 2011, OSHA has cited Brothers Construction Services Inc. and/or commonly owned Brothers Construction and Roofing, Brothers Roofing and AS General Construction & Roofing Inc. for similar hazards at worksites in Acton, Arlington, Dedham, Framingham, Holliston, Middleboro, Wareham and Woburn, Massachusetts, and Windham, New Hampshire.
Brothers Construction Services Inc. has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
OSHA's stop falls website offers safety information and video presentations in English and Spanish to teach workers about fall hazards and proper safety procedures.
Media Contacts:
Ted Fitzgerald, 617-565-2075, fitzgerald.edmund@dol.gov
James C. Lally, 617-565-2074, lally.james.c@dol.gov
Release Number: 24-280-BOS