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Region 1 USDL 04-314-BOS / BOS 2004-054
Wednesday, March 10, 2004
Contact: Ted Fitzgerald
Phone: (617) 565-2074


OSHA Cites N.H. Contractor for Safety Violationsat Beverly, Mass., Construction Site
Proposed Fines Total $78,500

BOSTON -- The failure of a Manchester, N.H., contractor to protect its employees from fall hazards at a Beverly, Mass., construction site has resulted in citations for serious, willful and repeat safety violations, including fines totaling $78,500, from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

"Our inspector found Stateline employees working in aerial boom lifts without any fall protection," said Richard Fazzio, OSHA's area director for northeastern Massachusetts "At least one other worker was seen working at the edge of a roof, also without fall protection."

Stateline Drywall is being cited following inspection of a construction site at Dodge St. in Beverly last fall. Fazzio stressed that the company has a history of previous violations with OSHA and therefore is well aware of its obligations under the law to provide its employees with a safe and healthful workplace.

The company was cited for an alleged "willful" violation, with a proposed penalty of $56,000, for allowing employees to work in aerial boom lifts without the use of protective body belts and lanyards. A willful violation is defined by OSHA as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

Stateline Drywall was also issued a citation for one alleged "repeat" violation, including a proposed penalty of $21,000, for exposing employees to fall hazards by allowing work on the edge of a roof without the use of fall protection. A repeat citation is issued when an employer has previously been cited for a substantially similar hazard and the citation has become final.

Finally, the company was cited for one alleged "serious" violation, carrying a penalty of $1,500, for allowing employees to use a power miter saw without appropriate guards. OSHA defines a serious violation as one in which there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard. The inspection was conducted by the OSHA's Methuen area office. The telephone number is (617) 565-8110.

Stateline Drywall has 15 business days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission.

The Labor Department's Occupational Safety and Health Administration conducted almost 40,000 inspections in fiscal year 2003, an increase of more than 2,000 inspections over FY 2002. OSHA is dedicated to saving lives, preventing injuries and illnesses, and protecting the health and safety of America's workers. For more information, visit www.osha.gov.

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U.S. Labor Department releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request at (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.


Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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