OSHA Inspection: BOSTON WATERPROOFING & CONSTRUCTION CORP.

Issued

Mar 7, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  (a) Location - Jobsite at 6 Twin Circle Drive, Arlington MA   On or about 09/10/2023, the employer did not provide any safety training or instruction to employees on how to recognize and avoid hazards associated with working in the trench/excavation at the jobsite. For example, employees were not trained on core aspects of trench/excavation safety such as hazard recognition, benching and set back of spoils pile.  The employer instructed employees to enter the trench/excavation without any safety training even after an employee complained to the employer that the trench was unsafe. The trench/excavation later caved-in on an employee, trapping, and seriously injuring the employee.  Since there were at least three employees who were not trained as required regarding the work being performed at this worksite, the employer is being cited for each of the three documented instances in accordance with OSHA's instance-by-instance policy, which is set forth here: https://www.osha.gov/memos/2023-01-26/application-of-instance-by-instance-penalty-adjustments. The justification for citing instance-by-instance here is provided by the facts set forth in the violation worksheet.

Issued

Mar 7, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1926.21(b)(2):The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  (a) Location - Jobsite at 6 Twin Circle Drive, Arlington MA   On or about 09/10/2023, the employer did not provide any safety training or instruction to employees on how to recognize and avoid hazards associated with working in the trench/excavation at the jobsite. For example, employees were not trained on core aspects of trench/excavation safety such as hazard recognition, benching and set back of spoils pile.  The employer instructed employees to enter the trench/excavation without any safety training even after an employee complained to the employer that the trench was unsafe. The trench/excavation later caved-in on an employee, trapping, and seriously injuring the employee.  Since there were at least three employees who were not trained as required regarding the work being performed at this worksite, the employer is being cited for each of the three documented instances in accordance with OSHA's instance-by-instance policy, which is set forth here: https://www.osha.gov/memos/2023-01-26/application-of-instance-by-instance-penalty-adjustments. The justification for citing instance-by-instance here is provided by the facts set forth in the violation worksheet.

Issued

Mar 7, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.   (a) Location - Jobsite at 6 Twin Circle Drive, Arlington MA   On or about 09/10/2023, the employer did not provide any safety training or instruction to employees on how to recognize and avoid hazards associated with working in the trench/excavation at the jobsite. For example, employees were not trained on core aspects of trench/excavation safety such as hazard recognition, benching and set back of spoils pile.  The employer instructed employees to enter the trench/excavation without any safety training even after an employee complained to the employer that the trench was unsafe. The trench/excavation later caved-in on an employee, trapping, and seriously injuring the employee.  Since there were at least three employees who were not trained as required regarding the work being performed at this worksite, the employer is being cited for each of the three documented instances in accordance with OSHA's instance-by-instance policy, which is set forth here: https://www.osha.gov/memos/2023-01-26/application-of-instance-by-instance-penalty-adjustments. The justification for citing instance-by-instance here is provided by the facts set forth in the violation worksheet.

Issued

Mar 7, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1926.50(f)(2)(i): When working remotely, the employer did not ensure that the communication system is effective in contacting the emergency-medical services.  (a) Location - Jobsite at 6 Twin Circle Drive, Arlington MA  On or about 09/10/2023, the employer did not ensure proper access to emergency medical services at the jobsite. The employer instructed employees to enter a trench/excavation at the jobsite despite an employee raised safety concerns about the trench/excavation. After the work started, the employer left employees alone at the jobsite and did not provide a means for the employees, who spoke minimal English, to communicate with emergency medical services. When the trench/excavation caved-in on and injured and partially buried an employee, the employee called the employer to ask for help, but the employer did not contact emergency medical services or return with urgency to the jobsite to help. The employee later attempted to call 911 for help, but the employer arrived at the jobsite soon after and took the phone away from the employee and his coworkers before they could request emergency medical services. The employer then physically struck the trapped employee with objects while the employee was still in the trench/excavation to stop the employee from alerting anyone to the cave-in and need for rescue and medical attention.

Issued

Mar 7, 2024

Penalty

Initial $161,323 · Current $161,323

General-duty citation text

29 CFR  1926.652(a)(1):Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c).  (a) Location - Jobsite at 6 Twin Circle Drive, Arlington MA  On or about 09/10/2023, employees were not protected from cave-ins while working in a trench/excavation at depths of 5 feet to as much as approximately 8 feet deep. The employer instructed employees to enter a trench/excavation at the jobsite despite an employee's complaint to the employer that the trench looked unsafe. During the work, the trench/excavation at the jobsite caved-in on and injured and partially buried an employee. The employer did not attempt to rescue the employee and prevented the employee from seeking medical attention by taking away the employee's phone and physically hitting him with objects while the employee was still trapped in the trench/excavation.

Issued

Mar 7, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.651(j)(2): Employees were not protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations, or by a combination of both if necessary.  (a) Location  - Jobsite at 6 Twin Circle Drive, Arlington MA  On or about 09/10/2023, employees were working in a trench/excavation with the spoil pile (pile of excavated materials) placed within two feet of the edge of the excavation. The employer did not use a sufficient retaining device to prevent materials from falling or rolling into the excavation. The employer instructed employees to enter a trench/excavation at the jobsite despite an employee's complaint to the employer that the trench looked unsafe. During the work, the trench/excavation at the jobsite caved-in on and injured and partially buried an employee. The employer did not attempt to rescue the employee and prevented the employee from seeking medical attention by taking away the employee's phone and physically hitting him with objects while the employee was still trapped.

Issued

Mar 7, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.651(k)(1):Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.   (a) Location -Jobsite at 6 Twin Circle Drive, Arlington MA  On or about 09/10/2023, the employer did not ensure that a competent person conducted an effective inspection of the trench/excavation at the jobsite. After arriving at the jobsite, the employer did not have a competent person inspect the trench/excavation before employees entered the trench/excavation. The employer instructed employees to enter the trench/excavation at the jobsite despite an employee's complaint to the employer that the trench looked unsafe. Employees were exposed cave-in hazards while they worked in the trench/excavation. During the work, the trench/excavation at the jobsite caved-in on and injured and partially buried an employee. The employer did not attempt to rescue the employee and prevented the employee from seeking medical attention by taking away the employee's phone and physically hitting him with objects while the employee was still trapped.