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July 20, 2010
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Construction Injury News

 

Potentially Fatal Westwood, Mass., Construction Accident Results in OSHA Citations and $224,000 in Proposed Penalties for Employers

BOSTON -- Exposing employees to potentially fatal safety hazards at a Westwood, Mass., construction site has resulted in two Massachusetts employers and one Vermont employer being cited and fined a total of $224,000 by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA). OSHA has cited Jan Five, doing business as Alexandra Construction, and Epernay Design and Construction, Inc., both of Newton, Mass., as well as Northern Construction Dynamics of Hyde Park, Vt., for alleged willful violations of the Occupational Safety and Health Act after the agency investigated an Oct. 1, 2002, accident at the Westwood High School construction project. In the accident, a 55-foot steel column toppled over after it had been placed on its foundation as soon as the crane line holding it was released.

"Fortunately, no one was injured in this incident, which could have had tragic consequences," said U.S. Secretary of Labor Elaine L. Chao. "These companies knew the safety standards they should have been following, and they all are being cited for willful violations of the law." According to Brenda Gordon, OSHA's area director for southeastern Massachusetts, Alexandra Construction, as the general contractor on the site, is being cited for three willful violations, including: allowing steel erection to begin before foundation material was sufficiently strong, and before giving written notification to the steel erector; allowing steel erection to begin before giving written notification to the steel erector that anchor bolts had been repaired; and modifying anchor bolts in an unsafe manner without the approval of the engineer of record. This company is also being cited for one other-than-serious violation for failing to secure a compressed gas cylinder. The total proposed penalty for this contractor is $126,000.

Epernay Design and Construction is being cited for a willful violation, with a proposed penalty of $56,000, for modifying anchor bolts in an unsafe manner without the approval of the engineer of record. Epernay Design and Construction was in charge of preparing the foundation of the building prior to steel erection. Northern Construction Dynamics, the steel erection contractor, is being cited for one willful violation for beginning to erect steel before receiving written notification from the controlling contractor that foundation material had sufficient strength to support the steel. It is also cited for an other-than-serious violation for providing a discharged fire extinguisher for emergency use. The company's total proposed penalty is $42,000. A willful violation is defined by OSHA as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

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Get legal help for your injuries by hiring a lawyer in Kansas that you are sure will handle the case with respect to you and the legal profession. Hire a construction lawyer that has experience in your claim area.

 
Did You Know?    
 
 
Construction accident injuries may be covered by workers compensation.
Most are. The workers' compensation system is designed to provide benefits to injured workers no matter whether an injury is caused by the employers or employee's negligence. But there are some limits. Generally, injuries caused because an employee is intoxicated or using illegal drugs are not covered by workers' compensation.

 


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Latest news about construction cases in Kansas and nationwide:

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Safety Hazards Result in OSHA Citations for Albany Area Employer
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ALBANY, N.Y. -- Exposing employees to potential falls, cr...

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OSHA Cites Contractors Following Fatal Accident at Construction Site Agency Proposes Penalties Totaling $67,900 For Three Companies
HUNTSVILLE, Ala. -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited three building contractors following...
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Construction Terms

 


Today's Terms

Acetylene

Definition:
A colorless hydrocarbon gas, burning with a bright flame, used as a fuel in welding and soldering.

Bodily Injury Liability (BI

Definition:
A legal liability that may arise as a result of the injury or death to another person.

Acetone

Definition:
A water-white volatile, highly flammable solvent with ether-like odor; made by destructive distillation of hardwood, fermentation of butyl alcohol, and from petroleum sources; used extensively in making paint removers; dimethyl ketone; s

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Construction Hot Topics

 
Topics Related to Construction:

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Kansas Construction-Accident Attorney

 
If you live in the following cities and need a Construction-Accident attorney you should contact our Construction-Accident Attorney as soon as possible:

Derby
Dodge City
Emporia
Garden City
Hays
Hutchinson
Junction City
Kansas City
Lawrence
Leavenworth
Lenexa

Liberal
Manhattan
Newton
Olathe
Overland Park
Pittsburg
Prairie Village
Salina
Shawnee
Topeka
Wichita

 


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