NewburyportNews.com, Newburyport, MA

Local News

April 14, 2010

OSHA seeks fines in Kent St. building accident

NEWBURYPORT — Federal inspectors are proposing to fine a local contractor more than $11,000 in the wake of a December construction accident that badly injured two men — including the contractor himself.

The Occupational Safety and Health Administration found six violations, all of them classified as "serious," at the 25-27 Kent St. job site where two men fell when their scaffolding collapsed.

OSHA is proposing a total of $11,400 in fines against G.H. Boucher Building Contractor Inc. of Newburyport.

Company principal Gerard Boucher, 48, of 3 Broad St., was seriously injured in the Dec. 22 accident, along with co-worker Geraldo Hernandez of Haverhill.

After an inspection, OSHA found the scaffolding was inadequate, that employees were not protected from fall hazards and were not properly trained to work on a scaffold.

OSHA also alleged that the job site was not equipped with protective systems to prevent falls, that a damaged ladder was being used and that the ladder was also unsecured.

Four of the violations carry fines of $2,100 each; the other two are $1,500 each.

Boucher, the more seriously injured of the two men, is undergoing rehabilitation and was unable to respond to requests for comment, according to a family member who asked not to be further identified.

The company has filed notice that it is contesting the fines, said OSHA spokesman Ted Fitzgerald. He said the agency would attempt to settle the matter. If the parties are unable to reach a settlement, the case could go the federal Occupation Safety and Health Review Commission, Fitzgerald said.

Boucher and Hernandez were reportedly installing fascia board trim along the roof of the two-story house when the end of the scaffolding on which they were working gave way just before 1 p.m., throwing the men onto the concrete sidewalk below.

Both suffered head and back injuries from the fall and were airlifted separately to Boston hospitals, Boucher to Massachusetts General Hospital and Harnandez to Beth Israel Deaconess Medical Center.

Hernandez, 32, of 112 Cedar St., Haverhill, was discharged from the hospital in early January.

Boucher is an active builder in the area, often purchasing properties to renovate them. The owner of the Kent Street property is Kentson 29 Realty Trust, which listed Thomas J. Williamson of Middleton as trustee.

The property changed hands in early November and was undergoing extensive restoration and renovation when the accident occurred.

Work was resumed after several weeks of inactivity.

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