OSHA News Release - (Archived) Table of Contents|
OSHA News Release – Region 1
U.S. Department of Labor
Region 1 News Release: 04-2514-BOS /BOS 2004-294
Tuesday, December 21, 2004
Contact: Ted Fitzgerald
Phone: (617) 565-2074
CONCORD, N.H. -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited three contractors involved in the construction of a Manchester, N.H., baseball stadium for alleged health and safety violations.
Payton Construction Corp., of Boston, Mass., the project's general contractor, and Scire Construction Corp., of Woburn, Mass., an excavating subcontractor, were cited for failing to provide adequate safeguards for employees exposed to hazardous substances during excavation work on the site, the former Singer Park.
OSHA also cited Barnes Building & Management Group, Inc., a steel erection sub-contractor, for inadequate fall protection for employees installing steel decking.
According to Rosemarie Ohar, OSHA's New Hampshire area director, the soil at the site contains hazardous waste, including asbestos, perchloroethylene, coal tar and demolition debris from the anthrax-contaminated former Arms Textile Mill. Excavation and movement of the soil at the site potentially exposed workers to these substances.
"Payton and Scire were required under OSHA standards to develop a site-specific health and safety plan, train supervisors and workers and monitor them for exposure to these substances, but did not do so," said Ohar. "Employers must conduct pre-construction planning when work is to take place on a site such as this. Though the employers have since addressed the issue, these safeguards should have been in place before the soil was disturbed."
As a result, Payton was issued three serious citations and fined $5,200. Scire was fined $3,750 and issued four serious citations for these hazards and also for allowing employees to eat, drink and smoke in hazardous waste areas.
Separately, Barnes was fined $12,000 for one repeat citation for not providing fall protection for employees exposed to falls of up to 15 feet while installing steel decking and one serious citation for not securing the decking. Barnes had previously been cited by OSHA in Oct. 2003 and May 2002 for lack of fall protection at jobsites in Brockton, Mass. OSHA defines a serious violation as a condition where there is a substantial possibility that death or serious physical harm can result to an employee. A repeat citation is issued when an employer has previously been cited for a substantially similar hazard and that citation has become final.
Each company has 15 business days from receipt of its citations and penalties 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 inspection was conducted by OSHA's area office at 53 Pleasant St., Concord, telephone (603) 225-1629.
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 workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.
U.S. Labor Department releases are accessible on the Internet at http://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. Call (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.
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