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OSHA News Release
Region 1

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Region 1 News Release: 07-700-BOS/BOS 2007-134
May 17, 2007
Contact: Ted Fitzgerald
Phone: (617) 565-2074

Fall hazard at Boston construction site leads to $60,000 in U.S. Labor Department OSHA fines for Fall River, Mass., contractor

BRAINTREE, Mass. -- A Fall River, Mass., concrete contractor faces a total of $60,000 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) after two of its employees were exposed to potentially fatal falls at a construction site in Boston's Dorchester neighborhood.

D&M Concrete Floor Co. was cited for alleged willful and serious violations of safety standards following a March 1 OSHA inspection at a construction site located at 700 Morrissey Blvd. OSHA found two D&M employees working without fall protection on an unprotected section of concrete deck located 15 feet, 8 inches above the ground. OSHA standards require fall protection whenever employees work at heights of six feet or greater.

"One slip or misstep could have resulted in death or crippling injuries for these workers," said Robert Hooper, OSHA's acting area director for Boston and southeastern Massachusetts. "While it's fortunate they were not injured, safety cannot and should never be a matter of luck."

As a result, OSHA issued the company one willful citation, with a proposed fine of $56,000, for the lack of fall protection, and one serious citation, with a $4,000 proposed fine, for failing to train employees to recognize and avoid fall hazards.

OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

Detailed information on fall protection is available on OSHA's Web site at:

D&M Concrete Floor Co. has 15 business days from receipt of the citations to request and participate in an informal conference with OSHA's area director or to contest the citations before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Braintree Area Office, telephone (617) 565-6924.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit


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