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Region 1 News Release: 08-28-BOS/ BOS 2008-017
Thurs., Jan. 17, 2008
Contact: Ted Fitzgerald
Phone: 617-565-2074


U.S. Labor Department's OSHA proposes nearly $200,000 in fines to Massachusetts and New York contractors at Boston's Commonwealth Pier

BRAINTREE, Mass. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed a combined total of $199,100 in fines against two contractors for exposing employees to falls, possible drowning and other hazards at a worksite located at Commonwealth Pier in Boston.

OSHA opened its inspections on July 11, 2007, in response to a complaint against Barletta Heavy Division Inc. of Canton, Mass., and Erie Interstate Contractors Inc. of Lancaster, N.Y. The contractors were removing lead paint from structural steel supports for piers surrounding the Boston World Trade Center.

OSHA found that employees of both contractors were exposed to falls and possible drowning in Boston Harbor. Violations included the lack of a safe walkway between the pier and barge on which the employees worked; lack of personal flotation devices for employees; inadequately protected scaffolding; trip and fall hazards from ill-kept barges and work platforms; lack of adequate lifelines; and lack of training for employees to recognize and avoid hazards connected with work over or near water. Furthermore, employees of both contractors lacked protective headgear.

Erie Interstate employees also faced overexposure to, and inadequate control of, lead and other hazardous substances generated during paint removal operations. Additional dangers involved insufficient and incomplete lead monitoring; lack of training and eye protection; poor hazard communication; electric shock hazards; and inadequate respiratory protection.

"A fall into water carries dual dangers impact and drowning which must be addressed through proper fall protection and effective worker training," said Brenda Gordon, OSHA's area director in Braintree. "Similarly, effective safeguards against lead are necessary since long-term overexposure can damage the kidneys, blood-forming organs and nervous system."

Barletta was cited for two willful and six serious violations of safety and health standards carrying a total of $110,000 in proposed fines. Erie Interstate was cited for one willful and 24 serious violations, totaling $89,100 in proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

Each company has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. The latest inspection was conducted by OSHA's Braintree Area Office (telephone 617-565-6924).

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 assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.


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U.S. Department of Labor 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. Call (202) 693-7765 or TTY (202) 693-7755. DOL 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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