Text For Citation: 02 Item/Group: 001A Hazard:

29 CFR 1926.451(f)(7): Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration:; Such activities were not performed only by experienced and trained employees selected for such work by the competent person. The employer does not require scaffold systems to be erected and maintained by a competent person. This violation was most recently observed at the Worksite at 110 Brook St, Framingham, MA, where multiple employees working on scaffolding were not protected from fall hazards of approximately 16 feet to a lower level. To abate this violation, the employer must ensure that its employees performing work from scaffolds are protected from falls, and that no employee is allowed onto a scaffold that has not been erected by a competent person. Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from fall hazards. An abatement plan and periodic progress reports may also be required if the abatement period is more than 90 days. The employer routinely fails to ensure that scaffolding used on his job sites be built, altered, or moved by a trained employee and supervised by a competent person trained for such work, as observed by CSHO on September 11, 2024, as well as per prior OSHA inspections with 451(f)(7), or equivalent OSHA standards citations: -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(f)(7) which was contained in OSHA inspection number 1691549, as citation number 3, item number 3a, and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave., Hyde Park, MA 02136. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.452(k)(5) which was contained in OSHA inspection number 1557543, as citation number 1, item number 1, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 480 Appleton St., Arlington, MA 02474. -OSHA previously issued a citation alleging multiple Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(f)(6), and 29 CFR 1926.452(k)(5) which were contained in OSHA inspection number 1464728, as citation number 1, item number 1-a and citation 1, item number 1-b, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham St., Middleboro, MA 02346. -OSHA previously issued a citation alleging a Willful-Serious violation, as well as Repeat-Serious violations, and a Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1081403, Willful-Serious citation number 2, item number 1. Repeat-Serious violations in this inspection include citation 3 item 3 29 CFR 1926.451(b)(5)(i), citation 3 item 4 29 CFR 1926.451(e)(1), citation 3 item 5 29 CFR 1926.451(f)(3), citation 3 item 6 29 CFR 1926.452(k)(1), citation 3 item 7 29 CFR 1926.452(k)(5). A Serious violation as well, citation 1 item 2 29 CFR 1926.454(a). and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801. -OSHA previously issued a citation alleging a Repeat-Serious violation as well as Serious violations of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 2. Serious violations- citation 1, item 2-a 29 CFR 1926.451(b)(4), citation 1 item 2-b 29 CFR 1926.451(b)(5)(i), citation 1 item 3 29 CFR 1926.451(e)(1), citation 1 item 4 29 CFR 1926.451(f)(3)). and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 7, citations issued on 9/21/2011 to AS General Construction & Roofing, Inc. , with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.