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Region 1 News Release: 10-1537-BOS/BOS 2010-453
Nov. 9, 2010
Contact: Ted Fitzgerald
Phone: 617-565-2074
E-mail: fitzgerald.edmund@dol.gov

Dracut, Mass., contractor faces more than $32,000 in fines from US Labor
Department's OSHA for excavation hazards at Belmont, Mass., jobsite

ANDOVER, Mass. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Albanese D&S Inc. for alleged repeat and serious violations of safety standards following OSHA's inspection of a worksite located at Winn's Brook in Belmont, Mass. The Dracut, Mass., contractor faces a total of $32,400 in proposed fines for excavation hazards identified during OSHA's inspection.

OSHA found Albanese workers installing concrete culverts in an excavation deeper than 5 feet that lacked protection against a possible collapse of its sidewalls. The excavation also lacked a ladder or other safe means for the workers to enter and exit. OSHA had cited the company in 2009 for similar hazards at worksites in Lowell and Tewksbury, Mass. Due to the recurring nature of these hazards, OSHA issued Albanese two repeat citations, with $29,400 in proposed fines. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

"The walls of an excavation can collapse suddenly and without warning, burying workers beneath soil and debris before they have a chance to react or escape," said Jeffrey A. Erskine, OSHA's area director for Middlesex and Essex counties in Massachusetts. "The fact that no collapse occurred in no way minimizes the gravity of this hazard, nor does it relieve the company of its responsibility to ensure that excavations are effectively protected before workers enter them."

The company also was issued one serious citation with a proposed fine of $3,000 for not removing a defective ladder from service. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA standards require that excavations 5 feet or deeper be protected against collapse. Detailed information of excavation safety hazards and safeguards is available online at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Albanese D&S Inc. has 15 business days from receipt of its citations to comply, meet with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Andover Area Office, telephone 978-837-4460. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (6742).

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 http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. 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 http://www.dol.gov/compliance.


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