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OSHA News Release
2005 - 04/08/2005 - OSHA Fines Three Contractors for Fall Hazards at Hampton, N.H., Jobsite

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Region 1 News Release: 05-537-BOS/BOS 2005-074
Friday, April 8, 2005
Contact: Ted Fitzgerald
Phone: (617) 565-2075


OSHA Fines Three Contractors for Fall Hazards at Hampton, N.H., Jobsite

CONCORD, N.H. -- Three contractors face a total of $67,600 in fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) for a variety of fall hazards found at the construction site of five four-story townhouses in Hampton, N.H.

Cited were New Generation Construction LLC of Peterborough, N.H.; D&F Builders LLC of Hooksett, N.H.; and Enrique Reynoso of Lynn, Mass. OSHA began its inspection Feb. 2, 2005, when an inspector observed fall hazards while driving past the Dustin Rd. jobsite.

"Workers at this site were exposed to falls of up to four stories from unguarded roofs, scaffolding, aerial lifts, open-sided floors and window openings," said Rosemarie Ohar, OSHA's New Hampshire area director. "This is particularly disturbing since falls are one of the four leading causes of death in construction work."

New Generation, a framing contractor, faces $49,000 in fines. The company was issued two willful citations for lack of fall protection for employees working from an aerial lift and exposing employees to falls from unprotected window openings and open-sided floors. OSHA also issued a repeat citation for no fall protection for employees working on scaffolding, and three serious citations for missing stair rails, missing stairway guardrails and an unsafe portable ladder.

D&F, which was installing siding, was fined $15,600. The firm received one willful citation for inadequate fall protection for employees working on scaffolding and five serious citations for unsecured and improperly erected scaffolding, no head protection for employees working beneath scaffolding, an inadequately guarded table saw and an unsafe ladder. Reynoso, a roofing subcontractor, was fined $3,000 for four serious citations for no fall protection for employees working on roofs, inadequately anchored fall protection, an unsafe ladder and failing to train employees in when and how to utilize fall protection.

Each company 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 Concord area office conducted the inspection. The office telephone number is (603) 225-1629.

OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. A serious violation is a condition where there is a substantial possibility that death or serious physical harm can result to an employee.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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U.S. Labor Department (DOL) releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request at (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.

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