US Dept of Labor

Occupational Safety & Health AdministrationWe Can Help

OSHA News Release - Table of Contents
Trade News Release Banner Image

Region 1 News Release: 10-218-BOS/BOS 2010-089
Mon., March 1, 2010
Contact: Ted Fitzgerald
Phone: 617-565-2074

US Labor Department's OSHA fines Danvers, Mass., construction contractor $136,000 for asbestos hazards at Beth Israel Hospital in Boston

BRAINTREE, Mass. - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $136,000 in fines against William A. Berry & Son Inc., a Danvers, Mass., construction contractor, for 19 alleged violations of workplace health and safety standards while removing asbestos-containing material at Beth Israel Hospital in Boston, Mass., last September.

"Asbestos is well recognized as a health hazard since inhalation of asbestos fibers may lead to lung cancer and other diseases," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. "OSHA standards are designed to minimize the risk of exposure and its potential impact on workers' health, but they are effective only so long as employers adhere to them."

OSHA's inspection found that Berry employees were removing laboratory ventilation hoods with asbestos-containing panels without proper respiratory protection and required safeguards to minimize exposure. Specifically, the contractor failed to conduct an initial asbestos exposure assessment and monitor the worksite daily for asbestos exposure, establish regulated work areas, provide protective clothing and a decontamination area, use HEPA vacuums to collect debris and clean workers' clothing, label containers of asbestos-containing materials, train employees in asbestos work, and ensure that the site was inspected and the work overseen by a competent person. Several respirator-related deficiencies also were identified.

As a result, OSHA has issued William A. Berry & Son one willful citation, with a $55,000 fine, for not establishing a regulated work area and 17 serious citations, with $80,000 in fines, for the remaining items. The employer also has been issued one other-than-serious citation, with a $1,000 fine, for not providing OSHA injury and illness logs in a timely manner.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for worker safety and health, while serious citations are issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Detailed information on asbestos hazards and safeguards is available at and

William A. Berry & Son Inc. has 15 business days from receipt of its citations and proposed penalties to comply, participate in an informal conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. The 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 these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit


U.S. Department of Labor releases are accessible on the Internet at The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department 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

OSHA News Release - Table of Contents

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.