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DOL Logo OSHA News Release – Region 1

U.S. Department of Labor

Region 1 News Release: 05-176-BOS/BOS 2005-032
Wednesday, February 23, 2005
Contact: John M. Chavez
Phone: (617) 565-2075

OSHA Fines Wilmington, Mass., Contractor $60,000 for Silica Hazards
at St. John's Prep School Worksite

METHUEN, Mass. -- A Wilmington, Mass., contractor's failure to safeguard workers against potentially deadly silica hazards during brick repointing work at St. John's Preparatory School, Danvers, Mass., has resulted in $60,000 in proposed fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

"Strong enforcement is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said Marthe Kent, OSHA's regional administrator in Boston. "The significant penalty of $60,000 proposed in this case demonstrates our commitment to protecting the health and safety of America's workers."

On Aug. 17, 2004, employees of NER Construction Management, Inc. were repointing Xavier Hall, a grinding operation that produced and engulfed them in clouds of silica-containing brick dust. OSHA standards require that effective engineering controls, such as wet cutting saws, vacuum grinders or other types of local exhaust ventilation first be used to reduce dust levels below permissible exposure limits. No controls were in place or in use at the time.

Though the exposed employees wore respirators, those devices alone were insufficient protection. The silica hazard was aggravated by the company's failure to medically evaluate all workers to determine if they could safely use respirators and by its failure to perform fit-testing to ensure that the respirators had a proper seal. Silica is a human lung carcinogen. Prolonged inhalation can lead to silicosis, a disabling and potentially fatal scarring of the lungs that reduces their ability to take in oxygen.

As a result of prior OSHA inspections, NER knew what safeguards were required, yet did not use them. Thus, OSHA has issued one willful citation to the company, with $55,000 in proposed penalties, for the lack of engineering controls and resulting silica overexposures and for not medically evaluating workers for their fitness to wear respirators. 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.

NER faces an additional $5,000 fine for a serious citation for not performing respirator fit testing. A serious violation is one where there is a substantial possibility that death or serious physical harm can result to an employee.

Within 15 business days from receipt of its citations, NER must comply with them or request and participate in an informal conference with the OSHA area director, or contest them before the Occupational Safety and Health Review Commission. OSHA's Methuen area office conducted the inspection. Its telephone number is (617) 565-8110.

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 (DOL) 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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