‘Litany of Scaffolding Safety Hazards' Adds up to a $150,000 OSHA Fine

The Occupational Safety & Health Administration (OSHA) of the U.S. Department of Labor has cited New England Brickmaster Windows and Exteriors Inc., of Tewksbury, MA, for alleged willful and serious scaffolding safety violations at a job site in Winthrop, MA, and has proposed penalties totaling $150,800. The company and its predecessors have a long history of similar safety violations.

According to Brenda Gordon, OSHA area director for Boston and Southeastern Massachusetts, the alleged violations were discovered during an inspection of the job site on May 14, 1999. Calling the results of the inspection typical for the company, Gordon said compliance officers found "a litany of scaffolding safety hazards to which employees of this company seem to be regularly exposed. Unfortunately, this firm and its predecessor company have a long history of similar safety violations, all having to do with unsafe scaffolds."

Gordon noted that New England Brickmaster Windows and Exteriors Inc. has been inspected four times by OSHA. In addition, the company is the offspring of a now defunct company with significant OSHA inspection history. New England Brickmaster Inc., also of Tewksbury, was inspected by OSHA four times, with six serious and two repeat violations of the scaffold standards. That company was dissolved in March 1992 and its assets were sold in an involuntary auction. New England Brickmaster Windows and Exteriors Inc. immediately re-opened with the employees and management from New England Brickmaster Inc.

On May 14 at the Winthrop site, employees of the company were observed working at elevations of 13 and 20 feet above the ground while supported on a poorly constructed wood scaffold system. They were observed working without fall protection, and without safe access on a scaffold that appeared structurally unsound and in danger of collapse.

According to Gordon, the company is being charged with four alleged willfull violations, carrying total proposed penalties of $140,000, for: failing to ensure that a wooden scaffold system was erected in accordance with the design of a qualified person; failing to provide a safe means of access to each of the three working levels of a 20-foot high wood scaffold system; allowing employees to work at elevations up to 20 feet on scaffolding with damaged or weakened parts; and, failing to ensure that a guardrail system was installed along all open sides and ends of platforms on a wooden scaffold system.

Proposed penalties of $8,600 were issued for six alleged serious violations, including: employees potentially exposed to dropped tools or materials not protected by protective head gear; employees exposed to falling nails not protected with protective eye wear; the 2 in. x 6 in. boards used as scaffold planks were placed so their ends extended up to four feet beyond the end supports; a competent person did not inspect the scaffold as required; toeboards and screens were not provided to protect workers from falling materials; and employees were exposed to falls while standing unprotected on a second floor balcony railing.

A health inspection was also conducted, which revealed two alleged serious violations, carrying proposed penalties totaling $2,200, for failing to develop a written respirator program for employees and failing to assess employee exposure to respirable quartz and particulates and failing to develop and implement a written hazard communication program and failing to conduct hazard communication training.

Gordon urged Bay State employers and employees with questions regarding fall protection or any other OSHA workplace safety and health standards to contact the OSHA area offices in Braintree (617-565-6924), Methuen (617-565-8110) or Springfield (413-785-0123) for information and assistance.