OSHA Cites Contractor in Death of Worker Who Fell From Boston Theater Scaffold

A construction contractor could have prevented the death of a worker at the Cutler Majestic Theater in Boston by following required fall protection measures, a federal investigation has found.

Responding to a referral from Boston Police last August 9, Occupational Safety and Health Administration (OSHA) inspectors arrived at the theater where NER Construction Management Inc. had been doing masonry work on the building that is owned by Emerson College.

Inspectors learned the worker was removing netting from a pipe scaffold approximately 50 feet above ground when he fell. According to the investigation report, although the worker was wearing a safety harness, the employer failed to ensure that the harness was properly tied off and the employer did not conduct mandatory compliance inspections.

OSHA cited NER Construction Management of Wilmington, Massachusetts for seven violations including for for failing to ensure workers used safety harnesses as required; inspect the scaffold systems for defects before the day’s work shift began; and rig personal fall arrest systems to stop an employee from a free fall of more than six feet.

“This incident is a stark reminder of the devastating consequences when safety measures are disregarded,” said OSHA Acting Regional Administrator Jeffrey Erskine in Boston.

OSHA has proposed penalties against NER Construction Management totaling $115,221, an amount set by federal statute.

NER Construction Management offers new construction, building restoration, waterproofing and sealing, and masonry work in Boston and greater New England. The company has 15 business days to comply, request an informal conference with OSHA’s area director, or contest the findings before OSHA’s review commission.