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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
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Region 1 News Release:   BOS 2000-118
Wednesday, August 23, 2000
Contact: Ted Fitzgerald
PHONE: (617) 565-2074

OSHA CITES THREE COMPANIES FOR ALLEGED SERIOUS SAFETY VIOLATIONS FOLLOWING VEHICULAR DEATH OF CENTRAL ARTERY PROJECT WORKER

The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has completed an inspection prompted by the vehicular death of a Central Artery Project worker and has cited three companies - CRC Company, Inc.; Cashman, Perini, Kiewit, Atkinson, JV; and Bechtel, Parsons, Brinkerhoff, JV -- for alleged Serious violations of the Occupational Safety and Health Act and proposed total penalties of $63,000 against those employers.

On June 6, 2000, Frank Shea, Jr., an employee of CRC Company, Inc., a subcontractor on the Interstate 90 Fort Point Channel Crossing, was killed on Dorchester Avenue when a tractor trailer truck pinned him against a Jersey barrier.

According to Brenda J. Gordon, OSHA area director for Boston and Southeastern Massachusetts, the alleged violations concern inadequate safeguards for the deceased and other employees who were exposed to being struck by vehicular traffic while walking and working throughout the jobsite and accessing their work zones on or adjacent to Dorchester Avenue.

"The inspection found that employees were often required to traverse Dorchester Avenue in the course of their duties, and were thus exposed to vehicular traffic, due to the employers' failure to adhere to established traffic management plans, specifications, manuals and Highway Department requirements," she said. "Feasible and accepted methods of correcting the exposure hazard would include complying with the established traffic management plan and having any necessary deviations approved in writing by the project's construction manager before they are implemented."

Other corrective measures could include installing and maintaining temporary barriers at certain locations, altering lane widths, maintaining road markings so they are visible, and altering existing access or providing safe access in some locations to prevent employees from being diverted into traffic while coming or going to their work zones.

Gordon noted that the inspection also found that CRC and Cashman, Perini, Kiewit, Atkinson employees were also exposed to hazards stemming from lack of employee training in working around or next to vehicular traffic, lack of flagmen where signs, signals or barricades did not provide adequate protection, and the failure to ensure employees wore reflectorized or high-visibility protective gear when exposed to vehicular traffic.

Specifically, the citations and proposed penalties encompass the following:

  • CRC Company, Inc., of Quincy, Mass., the contractor which employed the deceased, and Cashman, Perini, Kiewit, Atkinson, JV, of Boston, Mass., the project's general contractor, each face $28,000 in fines for four alleged Serious violations apiece, for:

  • - failure to provide a place of employment free from recognized hazards likely to cause death or serious harm in that employees were exposed to being struck by vehicular traffic while walking through the jobsite, working and accessing their work zones;

    -failure to train employees in how to work around and next to traffic in a way that minimizes their vulnerability and exposure and failure to properly train employees assigned to direct traffic;

    - employees exposed to traffic while walking and working on or adjacent to Dorchester Ave. without a flagman or police detail when operations were such that signs, signals or barricades did not provide the necessary protection;

    - employees exposed to vehicular traffic while wearing faded and non-reflectorized protective clothing while accessing work zones and working adjacent to the roadway.

  • Bechtel, Parsons, Brinkerhoff, JV, of Boston, Mass., the project's construction manager, faces $7,000 in penalties for one alleged Serious violation, for:

  • - failure to provide a place of employment free from recognized hazards likely to cause death or serious harm in that employees were exposed to being struck by vehicular traffic while walking through the jobsite, working and accessing their work zones.

Gordon urged Eastern Massachusetts employers and employees with questions regarding workplace safety and health standards to contact the OSHA area offices in Braintree or Methuen and added that OSHA's toll-free, nationwide hotline -- 1-800-321-OSHA (1-800-321-6742) -- may be used to report workplace accidents or fatalities or situations posing imminent danger to workers, especially if they occur outside of normal business hours.

A serious violation is defined by OSHA as one in which there is a substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard.

OSHA is empowered by the Occupational Safety and Health Act of 1970 to issue standards and rules requiring employers to provide their employees with safe and healthful workplaces and jobsites, and to assure through workplace inspections that those standards are followed.

Each company has 15 working days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission.

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The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029.


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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