OSHA Inspection: BOSTON WATERPROOFING & CONSTRUCTION CORP.

Issued

Apr 18, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury.  a) Jobsite located at 73 Mystic Avenue, Warwick, RI 02889: On or about December 2, 2023, the employer did not provide any safety training or instruction to employees on how to recognize and avoid hazards associated with working in a trench/excavation at the jobsite.                                                          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

Apr 18, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury.  a) Jobsite located at 73 Mystic Avenue, Warwick, RI 02889: On or about December 2, 2023, the employer did not provide any safety training or instruction to employees on how to recognize and avoid hazards associated with working in a trench/excavation at the jobsite.                                                        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

Apr 18, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury.  a) Jobsite located at 73 Mystic Avenue, Warwick, RI 02889: On or about December 2, 2023, the employer did not provide any safety training or instruction to employees on how to recognize and avoid hazards associated with working in a trench/excavation at the jobsite.                                                             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

Apr 18, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1926.50(e): Proper equipment for prompt transportation of injured person(s) to a physician or hospital or a communication system for contacting necessary ambulance service, was not provided.  a) Jobsite located at 73 Mystic Avenue, Warwick, RI 02889: On or about December 2, 2023, the employer did not provide proper equipment to transport an injured employee to a medical facility, nor did the employer ensure proper access to emergency medical services at the jobsite. The employer instructed employees to enter a trench/excavation and continue digging deeper, despite raised safety concerns and requests for cave-in protection. A trench/excavation caved-in on and injured and partially buried an employee, who requested the employer call 911 for help and bring him to the hospital. The employer objected and stated he and the other workers would dig the employee out and take him to a medical provider. No proper medical equipment was used to remove the injured employee from the trench/excavation, as he was carried to a personal vehicle and taken to an urgent care, where the employer left him.

Issued

Apr 18, 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) Jobsite located at 73 Mystic Drive, Warwick, RI 02889: On or about December 2, 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' deep. The employer instructed employees to dig then enter the trench/excavation to create concrete forms against the residential foundation. During the work, the trench/excavation at the jobsite partially collapsed and injured and partially buried an employee.

Issued

Apr 18, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.651(c)(2): A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (1.22m) or more in depth so as to require no more than 25 feet (7.62m) of lateral travel for employees.  a)  Jobsite located at 73 Mystic Drive, Warwick, RI 02889: On or about December 2, 2023, the employer did not provide proper safe means of egress for employees to get in and out of a trench/excavation that was greater than 4 feet in depth. Employees were required to enter a trench/excavation despite raised safety concerns, without access to a ladder or ramp. Employees were forced to climb in and out of the trench/excavation or rely on each other for access in and out of the trench/excavation.

Issued

Apr 18, 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) Jobsite located at 73 Mystic Drive, Warwick, RI 02889: On or about December 2, 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 into the trench/excavation and continue digging to a depth of 8'. During the work, the trench/excavation at the jobsite caved-in on and injured and partially buried an employee.

Issued

Apr 18, 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) Jobsite located at 73 Mystic Drive, Warwick, RI 02889: On or about December 2, 2023, the employer did not ensure that a competent person conducted an effective inspection of the trench/excavation at the jobsite.