OSHA Inspection: BROTHERS CONSTRUCTION SERVICES, INC.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $7,098 · Current $500 Reduced

General-duty citation text

29 CFR  1926.20(b)(2):The employer did not initiate and maintain programs which provided for frequent and regular inspections of the job site, materials and equipment to be made by a competent person(s).  Location: Worksite  On or about August 17, 2023, employees were exposed to multiple fall hazards, and eye and head injuries because the employer did not provide for frequent and regular inspections by a competent person.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $70,982 · Current $5,000 Reduced

General-duty citation text

29 CFR  1926.501(b)(13):Each employee(s) engaged in residential construction activities 6 feet (1.8 m) or more above lower levels is not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b).  The employer does not require the use of any form of fall protection during roofing work. This violation was most recently observed at the Worksite at 42-44 Lexington Ave., Hyde Park, MA 02136, where multiple employees were not protected from fall hazards of approximately 20 feet to the ground. To abate this violation, the employer must ensure that its employees performing roofing work are protected from falls, and that no employee is allowed onto a roof more than 6 feet high without adequate fall protection.  Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from fall hazards. (An abatement plan and periodic progress reports may also be required if the abatement period is more than 90 days).  The employer routinely fails to ensure that each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels be protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b), as observed by CSHOs on August 17, 2023, and for the multiple 501(b)(13) serious, repeat-serious, and willful violations of this standard by this employer:  -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1667997, inspection date 5/3/2023, citation number 1, item number 1 a to Brothers Construction & Roofing, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 326 Front St., Marion, MA 02738.   -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.501(b)(10) which was contained in OSHA inspection number 1593445, citation number 2, item number 1 and was affirmed as a final order on 6/29/2022 to Brothers Construction Services, Inc. dba Brothers Construction & Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 90 Eames St., Framingham, MA 01702.   -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1566993, citation number 2, item number 1, and was affirmed as a final order on 2/22/2022 to Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd., Needham, MA 02492.  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.501(b)(11) which was contained in OSHA inspection number 1464728, citation number 1, item number 4 and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham, MA 02346.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1415747, citation number 1, item number 1 and was affirmed as a final order on 2/27/2020 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 186 Garner St., Arlington, MA 02474.   -OSHA previously issued a citation alleging a Willful-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1081403, citation number 2, item number 2 and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1046935, citation number 2, item number 3 and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.   -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.501(b)(10) which was contained in OSHA inspection number 899051, citation number 1, item number 1 and was affirmed as a final order on 5/2/2013 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 91-95 Washington St., Holliston, MA 01746.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 315142026, citation number 1, item number 4 and was affirmed as a final order on 10/31/2011 to AS General Construction & Roofing, Incorporated, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.  OSHA also previously issued multiple fall protection and other citations to a second different company owned by the same owner as the company now being cited. The name of this previous company was A S General Construction, Inc. This company failed to pay penalties and failed to comply with the applicable standards, and so the Secretary of Labor had to obtain an enforcement order under Section 11(b) of the Act in 2016 - see First Circuit Case No. 16-1683.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $70,982 · Current $0 Reduced

General-duty citation text

29 CFR  1926.503(a)(1): The employer does not have a program to ensure compliance with fall protection requirements, and does not designate any competent person to ensure that workers use appropriate fall protection. To abate this item the employer must initiate and maintain a program, including frequent and regular inspections by competent persons it designates, to ensure that workers use appropriate fall protection."  Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including the names and qualifications of the persons it is designating as competent and a description of their responsibilities.  For example, at the Worksite located at 42-44 Lexington Ave., Hyde Park, MA 02136, on or about August 17, 2023, employees were exposed to fall hazards of an estimated 20 feet, where the employer did not ensure that employees who were required to work from the roof at a height above six feet were trained in the hazards associated with falls and how to avoid them.   The employer did not provide a training program for each employee potentially exposed to fall hazards to enable each employee to recognize the hazards of falling and the procedures to be followed to minimize these hazards, as observed by CSHOs on August 17, 2023, as well as prior inspections of either this employer or another business owned by the same owner with 503(a)(1) citations, including each of the below examples:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.503(a)(1) which was contained in OSHA inspection number 1593445, citation number 1, item number 1 and was affirmed as a final order on 6/29/2022 to Brothers Construction Services, Inc. dba Brothers Construction & Roofing, Inc., with respect to a workplace located at 90 Eames St., Framingham, MA 01702. The owner of this business cited previously is the same owner of the company now being cited here.  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.503(a)(1) which was contained in OSHA inspection number 1566993, citation number 1, item number 2, and was affirmed as a final order on 2/22/2022 to Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd., Needham, MA 02492.  OSHA also previously issued multiple fall protection and other citations to a second different company owned by the same owner as the company now being cited. The name of this previous company was A S General Construction, Inc. This company failed to pay penalties and failed to comply with the applicable standards, and so the Secretary of Labor had to obtain an enforcement order under Section 11(b) of the Act in 2016 - see First Circuit Case No. 16-1683.

Issued

Feb 8, 2024

Penalty

Initial $70,982 · Current $5,000 Reduced

General-duty citation text

29 CFR  1926.1053(b)(1):Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed.  Location: Worksite  On or about August 17, 2023, employees were exposed to a fall hazard of an estimated 20 feet while using a ladder that did not extend at least 3 feet above the upper landing surface.  The employer routinely fails to ensure that portable ladders used for access to upper landing surfaces extend at least 3 feet (.9 m) above the upper landing surface being accessed, as observed by CSHOs on August 17, 2023, as well as per prior OSHA inspections with 1053(b)(1), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.1053(b)(6) which was contained in OSHA inspection number 1619534, citation number 1, item number 1 and was affirmed as a final order on 12/30/2022 to Brothers Construction & Roofing, Inc., the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 47 Conant Street, Acton, MA 01718.   -OSHA previously issued a citation alleging a Serious violation, under the company name of was previously cited for a serious violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 1566993, citation number 1, item number 3  and was affirmed as a final order on 2/22/2022 to Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd, Needham, MA 02492.  -OSHA previously issued a citation alleging Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.1053(b)(22) which was contained in OSHA inspection number 1415747, citation number 1, item number 2-b and was affirmed as a final order on 2/27/2020 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 186 Garner St., Arlington, MA 02474.   -OSHA previously issued three citation alleging Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.1053(b)(5)(i), 1926.1053(b)(6), and 1926.1053(b)(16) which were contained in OSHA inspection number 1081403, citation number 1, item numbers 5, 6, and 7, and was affirmed as a final order on 2/16/2016 to A S General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.  -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 4 and was affirmed as a final order on 6/5/2015 to A S General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.   -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 899051, citation number 1, item number 2 and was affirmed as a final order on 5/20/2013 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 91-95 Washington St., Holliston, MA 01746.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 5 and was affirmed as a final order on 10/31/2011 to AS General Construction & Roofing, Incorporated, the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1053(b)(22):Employees using ladders were carrying objects or loads that could cause the employee to lose balance and fall.  Location: Worksite  On or about about August 17, 2023, employees were exposed to fall hazards of an estimated 20 feet when carrying roofing materials and tools, while ascending and descending a ladder.  The employer fails to ensure that employees using ladders do not carry objects or loads that could cause the employee to lose balance and fall, as observed by CSHOs on August 17, 2023, as well as per prior OSHA inspections with 1053(b)(22), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.1053(b)(6) which was contained in OSHA inspection number 1619534, citation number 1, item number 1 and was affirmed as a final order on 12/30/2022 to Brothers Construction & Roofing, Inc., the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 47 Conant Street, Acton, MA 01718.   -OSHA previously issued a citation alleging a Serious violation, under the company name of was previously cited for a serious violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 1566993, citation number 1, item number 3  and was affirmed as a final order on 2/22/2022 to Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd, Needham, MA 02492.  -OSHA previously issued a citation alleging Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.1053(b)(22) which was contained in OSHA inspection number 1415747, citation number 1, item number 2-b and was affirmed as a final order on 2/27/2020 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 186 Garner St., Arlington, MA 02474.   -OSHA previously issued three citation alleging Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.1053(b)(5)(i), 1926.1053(b)(6), and 1926.1053(b)(16) which were contained in OSHA inspection number 1081403, citation number 1, item numbers 5, 6, and 7, and was affirmed as a final order on 2/16/2016 to A S General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 4 and was affirmed as a final order on 6/5/2015 to A S General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.   -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 899051, citation number 1, item number 2 and was affirmed as a final order on 5/20/2013 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 91-95 Washington St., Holliston, MA 01746.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 5 and was affirmed as a final order on 10/31/2011 to AS General Construction & Roofing, Incorporated, the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $14,195 · Current $1,000 Reduced

General-duty citation text

29 CFR  1926.100(a):Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets.  Location: Worksite  On or about August 17, 2023, employees were exposed to head injuries while working unprotected on the ground below the roof, where the employer failed to provide them with hardhats, and while other employees were performing roofing activities at a height of an estimated 20 feet above.  The employer routinely fails to protect employees with hardhats while they are working in areas where there is a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns, as observed by CSHO on August 17, 2023, as well as per prior OSHA inspections with 100(a) OSHA standard citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.100(a) which was contained in OSHA inspection number 1464728, citation number 1, item number 1, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of Brothers Construction Services, Inc. with respect to a workplace located at 62 Wareham St., Middleboro, MA 02346.   -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.100(a) which was contained in OSHA inspection number 1081403, citation number 3, item number 1, and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.100(a) which was contained in OSHA inspection number 1046935, citation number 1, item number 1-a, and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $35,488 · Current $1,000 Reduced

General-duty citation text

29 CFR  1926.102(a)(1):The employer did not ensure that each affected employee used appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:  Location:  Worksite  On or about August 17, 2023, unprotected employees were permitted by employer to operate pneumatic nail guns, as well as a circular saw, without wearing impact resistant eye protection. The employer failed to provide eye protection to employees, and no eye protection was available to employees on site.  The employer routinely fails to protect each affected employees with appropriate eye or face protection when exposed to eye or face hazards from flying particles, as observed by CSHO on August 17, 2023 as well as per prior OSHA inspections with 102(a) OSHA standard citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.102(a)(1) which was contained in OSHA inspection number 1566993, citation number 1, item number 1, and was affirmed as a final order on 2/22/2022 to Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd., Needham, MA 02492  -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.102(a)(1) which was contained in OSHA inspection number 1081403, citation number 3, item number 2, and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.102(a)(1) which was contained in OSHA inspection number 1046935, citation number 1, item number 1-b, and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $35,488 · Current $1,000 Reduced

General-duty citation text

29 CFR  1926.451(f)(7):Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration:; Such activities were not performed only by experienced and trained employees selected for such work by the competent person.  Location: Worksite  On or about August 17, 2023, employees were exposed to fall hazards of an estimated 17 feet while standing on and working from a ladder jack scaffold that was built by untrained employees. No competent person qualified in scaffolds was on site.  The employer routinely fails to ensure that scaffolding used on his job sites be built, altered, or moved by a trained employee and supervised by a competent person trained for such work, as observed by CSHO on August 17, 2023, as well as per prior OSHA inspections with 451(f)(7), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.452(k)(5) which was contained in OSHA inspection number 1557543, as citation number 1, item number 1, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 480 Appleton St., Arlington, MA 02474.  -OSHA previously issued a citation alleging multiple Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(f)(6), and 29 CFR 1926.452(k)(5) which were contained in OSHA inspection number 1464728, as citation number 1, item number 1-a and citation 1, item number 1-b, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham St., Middleboro, MA 02346.  -OSHA previously issued a citation alleging a Willful-Serious violation, as well as Repeat-Serious violations, and a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1081403, Willful-Serious citation number 2, item number 1. Repeat-Serious violations in this inspection citation 3 item 3 451(b)(5)(i), citation 3 item 4 451(e)(1), citation 3 item 5 451(f)(3), citation 3 item 6 452(k)(1), citation 3 item 7 452(k)(5). A Serious violation as well, citation 1 item 2 454(a). and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Repeat-Serious violation as well as Serious violations of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 2. Serious violations- citation 1, item 2-a 451(b)(4), citation 1 item 2-b 451(b)(5)(i), citation 1 item 3 451(e)(1), citation 1 item 4 451(f)(3)). and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 7, citations issued on 9/21/2011 to AS General Construction & Roofing, Inc. , with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.451(g)(1):Employees on scaffolds more than 10 feet (3.1 m) above a lower level were not protected from falling to that lower level by fall protection established in paragraphs (g)(1)(i)-(vii) of this section.  Location: Worksite  On or about August 17, 2023, employees were exposed to fall hazards of an estimated 17 feet while working unprotected without any fall protection on the ladder jack scaffold on site.  The employer routinely fails to ensure that each employee on a scaffold be protected from falls more than 10 feet above a lower level, as observed by CSHO on August 17, 2023, as well as per prior OSHA inspections with 451(g)(1), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.452(k)(5) which was contained in OSHA inspection number 1557543, as citation number 1, item number 1, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 480 Appleton St., Arlington, MA 02474.  -OSHA previously issued a citation alleging multiple Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(f)(6), and 29 CFR 1926.452(k)(5) which were contained in OSHA inspection number 1464728, as citation number 1, item number 1-a and citation 1, item number 1-b, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham St., Middleboro, MA 02346.  -OSHA previously issued a citation alleging a Willful-Serious violation, as well as Repeat-Serious violations, and a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1081403, Willful-Serious citation number 2, item number 1. Repeat-Serious violations in this inspection citation 3 item 3 451(b)(5)(i), citation 3 item 4 451(e)(1), citation 3 item 5 451(f)(3), citation 3 item 6 452(k)(1), citation 3 item 7 452(k)(5). A Serious violation as well, citation 1 item 2 454(a). and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Repeat-Serious violation as well as Serious violations of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 2. Serious violations- citation 1, item 2-a 451(b)(4), citation 1 item 2-b 451(b)(5)(i), citation 1 item 3 451(e)(1), citation 1 item 4 451(f)(3)). and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 7, citations issued on 9/21/2011 to AS General Construction & Roofing, Inc. , with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.452(k)(2): Ladders used to support the ladder jack scaffolding did not meet the requirements of Sub-part X.   Location: Worksite  On or about August 17, 2023 employees were exposed to fall hazards of an estimated 17 feet where the angle of the ladders for the ladder jack scaffold on site exceeded the required 4:1 ratio, and cords were wrapped around and through the ladder rungs.  The employer routinely fails to ensure that scaffolding used on his job sites be built, altered, or moved by a trained employee and supervised by a competent person trained for such work, as observed by CSHO on August 17, 2023, as well as per prior OSHA inspections with 451(f)(7), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.452(k)(5) which was contained in OSHA inspection number 1557543, as citation number 1, item number 1, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 480 Appleton St., Arlington, MA 02474.  -OSHA previously issued a citation alleging multiple Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(f)(6), and 29 CFR 1926.452(k)(5) which were contained in OSHA inspection number 1464728, as citation number 1, item number 1-a and citation 1, item number 1-b, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham St., Middleboro, MA 02346.  -OSHA previously issued a citation alleging a Willful-Serious violation, as well as Repeat-Serious violations, and a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1081403, Willful-Serious citation number 2, item number 1. Repeat-Serious violations in this inspection citation 3 item 3 451(b)(5)(i), citation 3 item 4 451(e)(1), citation 3 item 5 451(f)(3), citation 3 item 6 452(k)(1), citation 3 item 7 452(k)(5). A Serious violation as well, citation 1 item 2 454(a). and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Repeat-Serious violation as well as Serious violations of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 2. Serious violations- citation 1, item 2-a 451(b)(4), citation 1 item 2-b 451(b)(5)(i), citation 1 item 3 451(e)(1), citation 1 item 4 451(f)(3)). and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 7, citations issued on 9/21/2011 to AS General Construction & Roofing, Inc. , with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.452(k)(4) Ladders used to support ladder jacks were not placed, fastened, or equipped with devices to prevent slipping:  On or about August 17, 2023, employees were exposed to a fall hazard of an estimated 17 feet, where support jacks for the ladder jack scaffold were not properly secured.  The employer failed to ensure that ladders used to support the ladder jacks were secured, as observed by CSHO on August 17, 2023, as well as per prior OSHA inspections with 452(k)(4), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.452(k)(5) which was contained in OSHA inspection number 1557543, as citation number 1, item number 1, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 480 Appleton St., Arlington, MA 02474.  -OSHA previously issued a citation alleging multiple Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(f)(6), and 29 CFR 1926.452(k)(5) which were contained in OSHA inspection number 1464728, as citation number 1, item number 1-a and citation 1, item number 1-b, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham St., Middleboro, MA 02346.  -OSHA previously issued a citation alleging a Willful-Serious violation, as well as Repeat-Serious violations, and a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1081403, Willful-Serious citation number 2, item number 1. Repeat-Serious violations in this inspection citation 3 item 3 451(b)(5)(i), citation 3 item 4 451(e)(1), citation 3 item 5 451(f)(3), citation 3 item 6 452(k)(1), citation 3 item 7 452(k)(5). A Serious violation as well, citation 1 item 2 454(a). and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Repeat-Serious violation as well as Serious violations of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 2. Serious violations- citation 1, item 2-a 451(b)(4), citation 1 item 2-b 451(b)(5)(i), citation 1 item 3 451(e)(1), citation 1 item 4 451(f)(3)). and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 7, citations issued on 9/21/2011 to AS General Construction & Roofing, Inc. , with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.452(k)(5): Scaffold platforms were bridged on to another.  Location: Worksite  On or about August 17, 2023, employees were exposed to fall hazards of an estimated 17 feet where the scaffold platforms for the ladder jack scaffold were bridged onto each other.  The employer routinely fails to ensure that scaffold platforms are not bridged onto each other, as observed by CSHO on August 17, 2023, as well as per prior OSHA inspections with 452(k)(5), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.452(k)(5) which was contained in OSHA inspection number 1557543, as citation number 1, item number 1, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 480 Appleton St., Arlington, MA 02474.  -OSHA previously issued a citation alleging multiple Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(f)(6), and 29 CFR 1926.452(k)(5) which were contained in OSHA inspection number 1464728, as citation number 1, item number 1-a and citation 1, item number 1-b, and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham St., Middleboro, MA 02346.  -OSHA previously issued a citation alleging a Willful-Serious violation, as well as Repeat-Serious violations, and a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1081403, Willful-Serious citation number 2, item number 1. Repeat-Serious violations in this inspection citation 3 item 3 451(b)(5)(i), citation 3 item 4 451(e)(1), citation 3 item 5 451(f)(3), citation 3 item 6 452(k)(1), citation 3 item 7 452(k)(5). A Serious violation as well, citation 1 item 2 454(a). and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801.   -OSHA previously issued a citation alleging a Repeat-Serious violation as well as Serious violations of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 2. Serious violations- citation 1, item 2-a 451(b)(4), citation 1 item 2-b 451(b)(5)(i), citation 1 item 3 451(e)(1), citation 1 item 4 451(f)(3)). and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087.   -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 7, citations issued on 9/21/2011 to AS General Construction & Roofing, Inc. , with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.

Issued

Feb 8, 2024

Abate by

Feb 16, 2024

Penalty

Initial $1,014 · Current $0 Reduced

General-duty citation text

29 CFR  1904.40(a):The employer did not provide an authorized government representative the records within the four business hours.  On or about August 17, 2023, the employer failed to provide copies of the injury and illness records to an authorized representative. The OSHA Logs were requested at 12:30pm and the employer did not provide them within the four business hours. To this date, these records have not been provided to the compliance officer.