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OSHA News Release
2003 - 12/22/2003 - OSHA Cites Roads Corporation For Cave-In Hazards

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Region 1 OSHA-03-881-BOS/BOS 2003-328
Monday, December 22, 2003
Contact: Ted Fitzgerald
Phone: (617) 565-2074


OSHA Cites Roads Corporation For Cave-In Hazards

METHUEN, Mass. -- A Billerica, Mass., contractor with a long history of excavation safety violations faces a total of $108,500 in fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) for again exposing employees to potential cave-in hazards.

Roads Corporation, headquartered at 241 Treble Cove Rd., has been cited for alleged willful, repeat and serious violations of the Occupational Safety and Health (OSH) Act at a sewer and water pipe installation project in Billerica's River Pines neighborhood after an OSHA inspector observed a Roads Corp. employee working in an unprotected eight-foot-deep trench at 68 Bridle Rd.

"This company's repeated failure to provide safe working conditions for its workers is completely unacceptable," said OSHA Administrator John Henshaw. "The penalty of $108,500 shows we are serious about compliance and committed to enforcing safety and health standards. Fatalities from improperly shored trenches are all too common, and we will not rest until companies like this comply with proper safety and health regulations."

In this case, the lack of cave-in protection resulted in a willful citation and the maximum fine of $70,000. A willful violation is defined by OSHA as one committed with an intentional disregard of, or plain indifference to, the requirements of the OSH Act and regulations. This is the tenth time in nine years the Roads Corp. has been cited for failing to ensure cave-in protection for workers in excavations. The company was previously cited at worksites in Massachusetts, New Hampshire and Connecticut.

Two repeat citations, with a total of $35,000 in fines, were issued for storing excavated material less than two feet from the edge of the trench and for lack of head protection for the employee in the trench. A repeat citation is issued when an employer has previously been cited for a substantially similar hazard and that citation has become final. OSHA cited Roads Corp. in November 2002 for similar hazards at a Colchester, Conn., job site.

A serious citation, carrying a $3,500 fine, was issued for failing to provide a ladder or other means for a safe and swift exit from the trench. OSHA defines a serious violation as one in which there is a substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard.

Roads Corp. has 15 business days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director or to contest them before the independent Occupational Safety and Health Review Commission. OSHA's Methuen, Mass., area office conducted the inspection. Its telephone number is (617) 565-8110.

The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov.

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The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029.


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