Construction Injury News

OSHA Fines Wilmington Mass. Contractor $60,000 for Silica Hazards at St. John's Prep School Worksite

A Wilmington, Mass., contractor's failure to safeguard workers against potentially deadly silica hazards during brick repointing work at St. John's Preparatory School, Danvers, Mass., has resulted in $60,000 in proposed fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

"Strong enforcement is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said Marthe Kent, OSHA's regional administrator in Boston. "The significant penalty of $60,000 proposed in this case demonstrates our commitment to protecting the health and safety of America's workers."

On Aug. 17, 2004, employees of NER Construction Management, Inc. were repointing Xavier Hall, a grinding operation that produced and engulfed them in clouds of silica-containing brick dust. OSHA standards require that effective engineering controls, such as wet cutting saws, vacuum grinders or other types of local exhaust ventilation first be used to reduce dust levels below permissible exposure limits. No controls were in place or in use at the time.

Though the exposed employees wore respirators, those devices alone were insufficient protection. The silica hazard was aggravated by the company's failure to medically evaluate all workers to determine if they could safely use respirators and by its failure to perform fit-testing to ensure that the respirators had a proper seal. Silica is a human lung carcinogen. Prolonged inhalation can lead to silicosis, a disabling and potentially fatal scarring of the lungs that reduces their ability to take in oxygen.

As a result of prior OSHA inspections, NER knew what safeguards were required, yet did not use them. Thus, OSHA has issued one willful citation to the company, with $55,000 in proposed penalties, for the lack of engineering controls and resulting silica overexposures and for not medically evaluating workers for their fitness to wear respirators. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

NER faces an additional $5,000 fine for a serious citation for not performing respirator fit testing. A serious violation is one where there is a substantial possibility that death or serious physical harm can result to an employee.

Within 15 business days from receipt of its citations, NER must comply with them or request and participate in an informal conference with the OSHA area director, or contest them before the Occupational Safety and Health Review Commission. OSHA's Methuen area office conducted the inspection. Its telephone number is (617) 565-8110.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.

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	Did You Know?
	It isn't necessary for someone to witness your construction accident in order to sue and recover money damages. If your version of the construction accident, at the site, in the hospital and in testimony you have given to you lawyer do not conflict and no one has directly contradicted your account, you may still be able to sue and recover money damages for your injuries even though there were no witnesses.