OSHA Inspection: BROTHERS CONSTRUCTION SERVICES, INC.

Issued

Feb 18, 2025

Abate by

Apr 8, 2025

Penalty

Initial $72,826 · 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, and employee(s) were not 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 110 Brook 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 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 18, 2025

Abate by

Apr 8, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(a)(1): The employer does not have a training program to ensure that each employee potentially exposed to fall hazards is able to recognize the hazards of falling and the procedures to be followed in order to minimize those 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 110 Brook 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.  For example, at the Worksite located at 110 Brook St, Framingham, MA 01701, on or about December 6, 2024, 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 December 6, 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 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 18, 2025

Penalty

Initial $26,011 · Current $3,000 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 110 Brook St, Framingham, MA  On or about December 6, 2024, 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.  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 1691549, citation number 3, item number 1, and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of 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 1926.100(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.

Issued

Feb 18, 2025

Penalty

Initial $26,011 · Current $3,000 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 objects while using a nail gun.  Location: Roof 110 Brook St, Framingham, MA  On December 6, 2024, employees were exposed to struck by hazards 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

Issued

Feb 18, 2025

Penalty

Initial $10,404 · Current $700 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: Jobsite 110 Brook St, Framingham, MA  On December 6, 2024, an employee was exposed to falls from heights up to 20 feet to the ground while accessing an upper landing surface where an extension ladder was used to access the roof where the ladder side rails did not extend at least 3 feet above the edge of the roof.  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 1566993, citation number 1, item number 3, 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