Region 1 News Release: 13-1931-BOS/BOS 2013-164
Sept. 25, 2013
Contact: Ted Fitzgerald Andre Bowser
Phone: 617-565-2075 617-565-2074
Email: fitzgerald.edmund@dol.gov bowser.andre.j@dol.gov

US Labor Department's OSHA cites Medford, Mass., contractor for cave-in
hazards at Chelsea sewer installation site
Tufts Inc. faces $34,400 in penalties

ANDOVER, Mass. – Potentially fatal cave-in hazards at a Chelsea work site have resulted in $34,400 in proposed fines for Tufts Inc., a Medford contractor. Responding to a complaint on July 2, OSHA inspectors from the Andover Area Office observed workers installing a sewer pipe in an unprotected 7-foot-deep excavation at 30 High St.

OSHA found that workers in the excavation not only lacked protection against a potential wall collapse, they were also without a ladder or other safe means of entry or egress. Additionally, water had begun to accumulate and potentially undermine the bottom of the excavation, while asphalt at the top of the excavation was not supported to keep from falling on the workers.

"These workers could have been crushed and buried in seconds without a chance to react or escape," said Jeffrey Erskine, OSHA's area director for Essex and Middlesex counties in Massachusetts. "Of special concern is that this employer knew of these hazards, but did not correct them before workers entered the excavation."

As a result of these conditions, OSHA issued the company one willful citation carrying a $28,000 fine for the unprotected excavation, and three serious citations carrying $6,400 in fines for the remaining hazards. A willful violation is one committed with intentional disregard for the law's requirements, or with plain indifference to worker safety and health. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA standards require that excavations five feet or deeper be protected against collapse. Means of protection can include shoring the excavation's side walls, sloping the soil at a shallow angle or use of a protective trench box. For more information about excavation safeguards, visit http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Tufts Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Andover office at 978-837-4460.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 292-693-7828 or TTY 292-693-7755.