U.S. Department of Labor Occupational Safety & Health Administration (OSHA)

Massachusetts Bay Electrical Corp. cited for safety violations in connection with 2 worker fatalities on Cape Cod, Massachusetts

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Employer failed to ensure proper crane operation and employee training

BRAINTREE, Mass. -- The deaths of two workers in a crane tip-over April 12, 2014, in Bourne could have been prevented if their employer, Massachusetts Bay Electrical Corp., had set up and operated the crane according to the manufacturer's instructions and trained employees in its proper operation, an inspection by the U.S. Department of Labor's Occupational Safety and Health Administration found.

The employees were working from a raised personnel platform attached to an Elliott 40142 truck-mounted crane. They were working on power lines on the mainland side of the Cape Cod Canal, when the crane overturned and fell more than 150 feet to the ground.

'These deaths were preventable,' said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. 'The employer did not refer to or use readily available and necessary information that would have allowed this work to be conducted safely. This lapse placed two workers in harm's way and needlessly cost them their lives.'

OSHA found that company employees were not properly trained or evaluated on the Elliott 40142 truck-mounted crane prior to use. Supervisors at the job site did not follow procedures for setting up and operating the crane in accordance with the crane's safety manual, even though the manual was in the crane and at the job site. They also did not conduct proper prelift planning and other required tests to ensure that the lift could be done safely.

These conditions resulted in OSHA citing Massachusetts Bay Electrical Corp. for two willful violations of workplace safety standards. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

OSHA also cited the company for four serious violations, including not using load charts to determine the crane's minimum boom angle, not using an aerial lift, allowing the crane to operate at greater than 50 percent of the rated capacity for its configuration and for failing to conduct a trial lift of the personnel platform prior to use. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Massachusetts Bay Electrical Corp., which faces $168,000 in fines, has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.

The citations can be viewed here*.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742), or the agency's Braintree office at 617-565-6924.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/.

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