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News Details

Deb Cram

Islington St. project faces $180K in OSHA fines

  • Wed 02nd November 2011
  • Portsmouth, NH

An out-of-state contractor faces $180,000 in fines from federal officials for alleged work-place safety violations at a major downtown development site.

The U.S. Department of Labor's Occupational Safety and Health Administration announced Tuesday it has cited Twin Pines Construction Inc./Teles Construction Inc. for alleged repeat, serious and other-than-serious violations of work-place safety standards following an inspection of the work site at 51 Islington St.

The Everett, Mass., framing contractor faces $180,100 in proposed fines, chiefly for fall, scaffolding and electrical hazards. The inspection began after an OSHA official observed an employee working without fall protection at the fifth-floor level of the construction site.

The project — a five-story, mixed-use development with condominiums and retail space — is nearly complete.

Developer Steve Kelm was unavailable for comment on Tuesday.

According to OSHA, the inspection found a lack of fall protection for employees working on scaffolding and work surfaces at heights of up to 57 feet. An additional fall hazard stemmed from the use of a 6-foot ladder to access a 10-foot-high surface. Employees were also at risk of electric shocks and burns from using ungrounded electrical extension cords, according to allegations from OSHA.

Between 2008 and 2010, Twin Pines/Teles was cited for similar hazards at work sites in Scarborough, Maine; Newbury and Salisbury, Mass.; and North Kingstown and South Kingstown, R.I. As a result of this history, OSHA officials issued citations for four repeat violations with $130,500 in proposed penalties.

"The sizable fines proposed here reflect both the gravity of these hazards and this employer's significant and continuing history of safety violations," said Rosemarie Ohar, OSHA's New Hampshire area director. "Each time it allows these hazards to recur, it exposes employees to the risk of death or disabling injuries."

Additionally, eight serious violations with $46,300 in fines involved improperly erected scaffolding; no inspection by a competent person with the knowledge and authority to identify and correct scaffolding hazards; uncovered floor holes; failure to keep the fifth-floor work area, as well as areas around the top and bottom of ladders, free of construction debris; and lack of eye protection for employees using nail guns.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Three "other-than-serious" violations with $3,300 in fines were cited for not providing injury and illness logs to OSHA in a timely manner. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The contractor has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.