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Region 1 News Release: 12-1377-BOS/BOS 2012-140
August 6, 2012
Contact: Ted Fitzgerald     Andre Bowser
Phone: 617-565-2075     617-565-2074
Email: fitzgerald.edmund@dol.gov     bowser.andre.j@dol.gov

US Labor Department's OSHA cites 10 contractors from 6 states for fall,
electrical, other safety hazards during construction of New Hampshire mall
More than $173,000 in fines proposed against Merrimack Premium Outlets contractors

CONCORD, N.H. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited the general contractor for the construction of the Merrimack Premium Outlets shopping mall in Merrimack and nine subcontractors for alleged violations of workplace safety standards. The contractors face a total of $173,500 in proposed fines following a programmed inspection by OSHA's Concord Area Office that was initiated in January.

"Our inspection found workers exposed to a variety of common but avoidable hazards associated with construction work, notably falls and electric shocks," said Rosemarie Ohar, OSHA's New Hampshire area director. "Both of these hazards can kill or disable workers in seconds. For the safety of their employees, employers must adhere to required safeguards at all times on this and all job sites."

General contractor Hardin Construction of Atlanta, Ga., has been issued citations with $27,000 in fines for five serious violations involving employees exposed to falls of up to 20 feet, an ungrounded power generator, unsecured and unmarked hole covers on the roof, a failure to supply fire extinguishers throughout the job site, and a lack of inspections by competent individuals with the knowledge to identify and authority to correct hazards.

Roofing subcontractor P&A Roofing and Sheet Metal Inc. of Orlando, Fla., has been issued citations with $48,510 in fines for one willful and two serious violations involving employees exposed to falls of up to 20 feet, a lack of fall protection training and a failure to regularly dispose of flammable substances.

Steel framing contractor F.L. Crane and Sons Inc. of Hutto, Texas, has been issued citations with $59,500 in fines for one repeat and two serious violations involving employees exposed to falls of up to 32 feet from scaffolds, employees exposed to falls of 11 and 20 feet from other surfaces, and insufficient machine guarding.

Also cited were Palace Construction Inc. of Litchfield, N.H., which performed siding and trim work (citations for two serious violations related to fall and ladder hazards - $7,000); MasRam Mechanical LP of Houston, Texas, which set HVAC units (citations for two serious violations related to fall hazards - $7,000); carpentry subcontractor Universal Timber Structures of Auburndale, Fla. (a citation for one serious violation involving the unauthorized modification of a truck used to lift employees - $3,850); drywall contractor Four Star Drywall LLC of Manchester, N.H. (citations for two serious violations related to electrical and scaffold hazards - $5,940); electrical subcontractor Professional Electrical Contractors of CT Inc. of Norwood, Mass. (a citation for one serious violation involving an ungrounded power generator - $4,500); roofing contractor Paul Modzeleski doing business as Sentry Roofing of Dunbarton, N.H. (citations for two serious violations involving damaged safety lanyards and a lack of fall protection training - $6,000); and glazing contractor J.M.D. Architectural Products Inc. of Tipp City, Ohio (citations for two serious violations involving misused electrical equipment and unlabeled chemical containers - $4,200).

A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. A serious violation occurs 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.

The full citations can be viewed at http://www.osha.gov/ooc/citations/Merrimack-Outlets-0711-2012.pdf*.

In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

Each employer in this case has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Concord office at 603-225-1629.

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 ensure 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 news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.


* Accessibility Assistance Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.


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