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Ohsa Proposes Fine: Why Osha Proposes to Fine Contractor $1.2m in a Fatal Accident in a Downtown Garage
OHSA has revealed the fining storyline.
According to the US Department of Labor’s Occupational Safety and Health Administration, a Brockton demolition business placed Peter Monsini on to a partially destroyed level at the Government Center Garage in March. It violated weight limitations that may have spared his life.
JDC Demolition Co. was fined $1.2 million, one of the most considerable fines in recent years in Massachusetts, for establishing hazardous working conditions and not fully educating its personnel at the demolition site.
OSHA regional administrator Galen Blanton said JDC Demolition Company Inc. understood the heavy equipment on the partially demolished floors was beyond the weight limitations but yet permitted a worker oblivious of the dangers to perform demolition operations. This blatant disregard for safety lost a man his life and exposed others to severe hazards.
John Moriarty & Associates of Winchester, the project’s general contractor, was fined $58,008. General contractors utilize subcontractors like JDC to conduct specialized tasks.
Government Center Garage collapse shows real estate’s tightrope walk A dedicated father and ‘wonderful buddy’ murdered in Boston garage disaster. The fine is one of the biggest the federal work-safety department has proposed in Boston recently. OSHA suggested fining Atlantic Coast Utilities $1.35 million after two workers died in downtown Boston, and it proposed fining Atlantic Drain Service Co. $1.5 million after two workers died on the job.
It’s more than the agency’s standard penalties, even for deadly incidents. Last year, OSHA suggested a $17,610 liability for Massachusetts employers of workers who died on the job, with an average final fine of $11,298. Employers have 15 days to pay or dispute OSHA penalties.
OSHA concluded that Monsini started at JDC Demolition on March 26. Monsini was driving an 11,000-pound excavator on the garage’s ninth story when it collapsed. On-scene death.
OSHA’s investigation showed that another heavy equipment operator had voiced concerns about the eighth and upper floors that morning. OSHA noted that Monsini had no safety briefing or training on the demolition plan before operating the excavator.
Attorney Paul E. Mitchell claimed the OSHA violations backed the family’s inquiry and wrongful death case.
Mitchell: “We’ll financially punish the defendants.”
Moriarty and The HYM Investment Group, a Bulfinch Crossing developer, sued in July. Bulfinch Crossing is being developed atop the Government Center Garage and surrounding acreage. Another Bulfinch Crossing developer, National Real Estate, sued Moriarty and JDC for breach of contract, negligence, and contractual and common law indemnification. In August, the wrongful-death case was modified to include National Real Estate Advisors and GZA GeoEnvironmental.
Since its establishment, JDC has demolished the Salem Harbor Power Station, the historic Filene’s department store in downtown Boston, and Duxbury’s middle and high schools. JDC has never been cited by OSHA before, a business spokeswoman said.
JDC Demolition is “deeply devastated” by the loss of a team member, spokesman Lizzy Guyton said. JDC Demolition’s safety record is stellar. They’ve cooperated with OSHA’s inquiry, are evaluating citations, and will dispute them as needed.
Moriarty said the citations don’t represent safety practices it followed throughout the garage demolition.
“While the circumstances of March 26 are unfortunate, our workplace has routinely surpassed local legislation and OSHA guidelines,” the contractor added.
Moriarty’s Florida subsidiary was forced to pay $157 million as part of a $1 billion lawsuit settlement after the May 2021 collapse of a South Florida apartment complex, where 98 people perished.
After the catastrophic garage collapse, demolition work resumed in July. It’s part of the multibillion-dollar Bulfinch Crossing mixed-use project, which will develop four towers and demolish the Merrimac Street garage. A luxury residential tower is open, while a high-rise business tower will house State Street Corp. and InterSystems Corp.
A 12-story lab building will replace the wrecked parking atop Haymarket MBTA station. Engineers detected a deteriorating support column in tunnels beneath Haymarket T while investigating Monsini’s murder this summer, triggering a chaotic stoppage of the Orange and Green Lines.
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