OSHA Inspection: BROTHERS CONSTRUCTION SERVICES, INC.

Issued

Feb 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $7,282 · Current $500 Reduced

General-duty citation text

29 CFR 1926.502(d)(15): Anchorage points used for attachment of personal fall arrest equipment were not independent of any anchorage point being used to support or suspend platforms and capable of supporting at least 5,000 pounds (22.2 kN) per employee.   Location: Worksite at 90 Newbury St., Framingham, MA  On or about September 11, 2024, employees were exposed to fall hazards greater than 20 feet to the ground below when using a personal fall arrest system consisting of a Miller RA25-1 reusable roof anchor that was improperly installed, in that, only a total of six 16d nails (three nails per metal flap) were used to secure the ring to the ridge beam. According to the manufacturer, the minimum number of fasteners required to achieve the 5,000 pound anchor strength is a total of twelve 16d nails (six nails down the center of each metal flap).

Issued

Feb 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $72,826 · Current $8,800 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.  The employer does not require scaffold systems to be erected and maintained by a competent person. This violation was most recently observed at the Worksite at 110 Brook St, Framingham, MA, where multiple employees working on scaffolding were not protected from fall hazards of approximately 16 feet to a lower level. To abate this violation, the employer must ensure that its employees performing work from scaffolds are protected from falls, and that no employee is allowed onto a scaffold that has not been erected by a competent person.  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 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 September 11, 2024, as well as per prior OSHA inspections with 451(f)(7), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(f)(7) which was contained in OSHA inspection number 1691549, as citation number 3, item number 3a, and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave., Hyde Park, MA 02136.  -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 standards 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 include citation 3 item 3 29 CFR 1926.451(b)(5)(i), citation 3 item 4 29 CFR 1926.451(e)(1), citation 3 item 5 29 CFR 1926.451(f)(3), citation 3 item 6 29 CFR 1926.452(k)(1), citation 3 item 7 29 CFR 1926.452(k)(5). A Serious violation as well, citation 1 item 2 29 CFR 1926.454(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 29 CFR 1926.451(b)(4), citation 1 item 2-b 29 CFR 1926.451(b)(5)(i), citation 1 item 3 29 CFR 1926.451(e)(1), citation 1 item 4 29 CFR 1926.451(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 21, 2025

Abate by

Apr 9, 2025

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.  The employer does not require the use of any form of fall protection while working from ladder jack scaffold systems. This violation was most recently observed at the Worksite at 110 Brook St, Framingham, MA, where multiple employees were not protected from fall hazards of approximately 16 feet to the ground. To abate this violation, the employer must ensure that its employees performing work from scaffolds are protected from falls, and that no employee is allowed onto a scaffold more than 10 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 on a scaffold be protected from falls more than 10 feet to a lower level, as observed by CSHO on September 11, 2024, as well as per prior OSHA inspections with 29 CFR 1926.451(g)(1), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.451(g)(1) which was contained in OSHA inspection number 1691549, as citation number 3, item number 3b, and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave., Hyde Park, MA 02136.  -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 29 CFR 1926.451(b)(5)(i), citation 3 item 4 29 CFR 1926.451(e)(1), citation 3 item 5 29 CFR 1926.451(f)(3), citation 3 item 6 29 CFR 1926.452(k)(1), citation 3 item 7 29 CFR 1926.452(k)(5). A Serious violation as well, citation 1 item 2 29 CFR 1926.454(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 29 CFR 1926.451(b)(4), citation 1 item 2-b 451(b)(5)(i), citation 1 item 3 451(e)(1), citation 1 item 4 29 CFR 1926.451(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 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.452(k)(2): All ladders used to support ladder jack scaffolds shall meet the requirements of subpart X of this part -- Stairways and Ladders, except that job-made ladders shall not be used to support ladder jack scaffolds.  The employer does not require ladders used to support ladder jack scaffolds to be erected at the correct angle or one-quarter the working length of the ladder.  This violation was most recently observed at the Worksite at 110 Brook St, Framingham, MA, where multiple employees were not protected from fall hazards of approximately 16 feet to the ground while working from an improperly erected scaffold. To abate this violation, the employer must ensure that its scaffolds are properly erected and employees are protected from falls.  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 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 September 11, 2024, as well as per prior OSHA inspections with 29 CFR 1926.452(k)(2), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.452(k)(2) which was contained in OSHA inspection number 1691549, as citation number 3, item number 3c, and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave., Hyde Park, MA 02136.  -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 29 CFR 1926.451(b)(5)(i), citation 3 item 4 29 CFR 1926.451(e)(1), citation 3 item 5 29 CFR 1926.451(f)(3), citation 3 item 6 29 CFR 1926.452(k)(1), citation 3 item 7 29 CFR 1926.452(k)(5). A Serious violation as well, citation 1 item 2 29 CFR 1926.454(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 29 CFR 1926.451(b)(4), citation 1 item 2-b 29 CFR 1926.451(b)(5)(i), citation 1 item 3 29 CFR 1926.451(e)(1), citation 1 item 4 29 CFR 1926.451(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 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.452(k)(5): Scaffold platforms shall not be bridged one to another.  The employer does not ensure that ladder jack scaffold platforms are not bridged one to another.  This violation was most recently observed at the Worksite at 110 Brook St, Framingham, MA, where multiple employees were not protected from fall hazards of approximately 16 feet to the ground while working from an improperly erected scaffold. To abate this violation, the employer must ensure that its scaffolds are properly erected and employees are protected from falls.  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 collapse and 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 scaffold platforms are not bridged onto each other, as observed by CSHO on August 17, 2023, as well as per prior OSHA inspections with 29 CFR 1926.452(k)(5), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Repeat-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 1691549, as citation number 3, item number 3e, and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave., Hyde Park, MA 02136.  -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 29 CFR 1926.451(b)(5)(i), citation 3 item 4 29 CFR 1926.451(e)(1), citation 3 item 5 29 CFR 1926.451(f)(3), citation 3 item 6 29 CFR 1926.452(k)(1), citation 3 item 7 29 CFR 1926.452(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 29 CFR 1926.451(b)(4), citation 1 item 2-b 29 CFR 1926.451(b)(5)(i), citation 1 item 3 29 CFR 1926.451(e)(1), citation 1 item 4 29 CFR 1926.451(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 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(a)(1): 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 in order to minimize these hazards.  The employer does not require that employees working at heights over 6 feet have fall protection training. This violation was most recently documented at the worksite at 90 Newbury St., Framingham, MA, where multiple employees were working on a roof approximately 20 feet above ground level and they had not received fall protection training. To abate this violation the employer must ensure that its employees performing roofing work have adequate training in how to properly recognize the hazards of falling and the procedures to be followed in order to minimize those hazards to protect them from falls and that no employee is allowed onto a roof more than 6 feet high without adequate fall protection training.  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.  The employer routinely fails to 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 September 11, 2024, 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 Willful-Serious violation of this occupational safety and health standard, 29 CFR 1926.503(a)(1) which was contained in OSHA inspection number 1691549, citation number 2, item number 2 and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc. dba Brothers Construction & Roofing, Inc., having the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave, Hyde Park, MA.   -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., having the same owner as Brothers Construction Services, Inc.,, with respect to a workplace located at 90 Eames St., Framingham, MA 01702.   -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., having the same owner as 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 Mr. Santos. 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 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $72,826 · Current $0 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 were 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 90 Newbury St, Framingham, MA, 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 is protected by guardrail systems, safety net system, or personal fall arrest system, and employee(s) are not provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b), as observed by CSHOs on December 6, 2024, 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 Willful-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1691549, inspection date 8/17/2023, citation number 2, item number 1 a to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave, Hyde Park, MA 02136.  -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., having the same owner as 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, having the same owner as 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, having the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham St, Middleboro, 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, having the same owner as 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., having the same owner as 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., having the same owner as 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., having the same owner as 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, having the same owner as 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 Mr. Santos. 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 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $72,826 · Current $0 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.  The employer does not require ladders to extend at least 3 feet above the upper landing surface, exposing employees to falls. This violation was most recently observed at the Worksite at 90 Newbury St, Framingham, MA, 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 are trained in proper ladder set-up.  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 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 September 11, 2024, as well as per prior OSHA inspections with 1053(b)(1), or equivalent OSHA standards citations:  -OSHA previously issued a citation alleging a Willful-Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 1691549, as citation number 2, item number 3a, and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave., Hyde Park, MA 02136.  -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 of this occupational safety and health standard or its equivalent 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, or its equivalent standards 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, or its equivalent standards 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, or its equivalent standards 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 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $14,564 · 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 at 90 Newbury St., Framingham, MA  On or about September 11, 2024, employees were exposed to falls, scaffold collapse, eye and head injuries where the employer did not provide for frequent and regular inspections by a competent person.  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 1691549, citation number 1, item number 1, and was affirmed as a final order on 3/06/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave, Hyde Park, MA 02136

Issued

Feb 21, 2025

Abate by

Apr 9, 2025

Penalty

Initial $36,410 · Current $1,000 Reduced

General-duty citation text

29 CFR  1926.102(a)(1): The employer did not ensure employees used eye and face protection equipment when machines or operations presented potential eye or face injury from physical, chemical, or radiation agents.   Location: Worksite at 90 Newbury St., Framingham, MA  On September 11, 2024, employees were exposed to struck by hazards when not wearing eye protection while using pneumatic nail guns.  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 1691549, citation number 3, item number 2, and was affirmed as a final order on 3/06/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave, Hyde Park, MA 02136  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 9/11/2023 to Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd., Needham, MA 02492