OSHA Judge Rules Massachusetts Companies Operated as Single Employer Where Workers Fell

An administrative law judge with the OSHA Review Commission ruled two companies were operating as a single employer at a Whenham, Massachusetts, worksite

OSHA has announced that an administrative law judge with the agency’s review commission has ruled that A.C. Castle Construction Co. Inc. and Daryl Provencher, aka Provencher Home Improvements, were operating as a single employer at a worksite in Wenham, Massachusetts, when three employees were injured in October 2014.

According to the report, the employees were performing roofing work in a ladder jack scaffold when the plank they were standing on snapped, causing them to fall 20 feet to the ground. An investigation determined the wooden plank was not graded for scaffold use. Other hazards included deficiencies in scaffold components and lack of fall protection for the employees.

OSHA initially cited the companies as a single employer due to operations such as common worksites and common management and supervision.

"The judge's decision, now a final order of the commission, upholds OSHA's findings that A.C. Castle exercised a degree of control and oversight over Provencher's operations sufficient to render the two a single employer under the Occupational Safety and Health Act, making them responsible as one entity for their employees' safety," said Michael Felsen, regional solicitor of labor for New England.

Download Center

HTML - No Current Item Deck
  • Safety Management Software - Free Demo

    IndustrySafe Safety Software’s comprehensive suite of modules help organizations to record and manage incidents, inspections, hazards, behavior based safety observations, and much more. Improve safety with an easy to use tool for tracking, notifying and reporting on key safety data.

  • Create Flexible Safety Dashboards

    IndustrySafe’s Dashboard Module allows organizations allows you to easily create and view safety KPIs to help you make informed business decisions. Our best of breed default indicators can also save you valuable time and effort in monitoring safety metrics.

  • Schedule and Record Observations

    IndustrySafe's Observations module allows managers, supervisors, and employees to conduct observations on employees involved in safety critical behavior. IndustrySafe’s pre-built BBS checklists may be used as is, or can be customized to better suit the needs of your organization.

  • Why Is Near Miss Reporting Important?

    A near miss is an accident that's waiting to happen. Learn how to investigate these close calls and prevent more serious incidents from occurring in the future.

  • Get the Ultimate Guide to Safety Training

    When it comes to safety training, no matter the industry, there are always questions regarding requirements and certifications. We’ve put together a guide on key safety training topics, requirements for certifications, and answers to common FAQs.

  • Industry Safe
comments powered by Disqus

OH&S Digital Edition

  • OHS Magazine Digital Edition - May 2019

    May 2019

    Featuring:

    • RESPIRATORY PROTECTION
      Why Pick a PAPR? 
    • FIRE SAFETY TRAINING
      Fire Safety: Plan, Prevent, Train, Recover
    • PROTECTIVE APPAREL
      The Truth About Heat Stress and FRC
    • AIHCE EXP 2019 PREVIEW
      Underestimated No More
    View This Issue