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Hingham firm charged with health violations

Posted October 8, 2009 03:02 PM

p class="byline">By Brian Benson, Globe correspondent

The Occupational Safety and Health Administration cited a Hingham company for 11 alleged violations of workplace health standards, mostly related to employees' exposure to silica dust.

Sealcoating, Inc. could face fines of up to $38,100 stemming from a July inspection of bridge work that the company performed on Interstate 93 in Medford.

OSHA inspectors found that jack-hammer operataors were exposed to excessive amounts of silica, said Ted Fitzgerald, an OSHA spokesman.

“When you go above permitted exposure levels, the employer has to develop and implement controls to reduce those levels,” Fitzgerald said, noting those could include limiting employees’ exposure time or using respirators.

The construction occurred on a bridge at the Exit 32 interchange, where I-93 intersects with Route 60, said Adam Hurtubise, a MassHighway spokesman.

The work was part of a $14 million state-funded project that began last spring and is expected to last through November 2010. The project involves roadway resurfacing and milling, guardrail upgrades, and bridge deck repairs on a stretch of I-93 from Temple Street in Somerville to the Medford/Stoneham town line, Hurtubise said.

Four of the citations were for repeat offenses after OSHA inspectors observed conditions at the Medford job site similar to those at a Sealcoating project in Springfield in April. These included the lack of a site-specific respiratory protection program, employees wearing respirators without obtaining medical clearance, and ineffective programs to protect hearing and communicate hazards, Fitzgerald said.

Sealcoating Inc. has 15 business days after receiving its citations to comply, meet with OSHA, or challenge the finding before the Occupational Safety and Health Review Commission.

Alex Duncan, the company's operations manager, said it is too early to discuss specifics of the citations or what safety measures the company may implement at future worksites.

“Right now we’re working with OSHA to investigate the situation and resolve any of the violations if they stand,” Duncan said. “We’re very concerned with the safety of our guys and think we have a good safety record.”

The company employs about 100 workers during the construction season, he said.

The inspection at the Medford site was part of an OSHA effort to target nighttime construction work sites. “The message we want to send is don’t assume that OSHA will not conduct an inspection at night,” Fitzgerald said.

Crystalline silica – commonly found in soil, sand, granite, and other minerals – can be inhaled when workers chip, cut, drill, or grind objects that contain the substance. Breathing its dust can cause silicosis, a potentially fatal lung condition, according to a press release from OSHA.

In a separate inspection at the Medford site, Sealcoating was cited for several safety violations, including employee exposure to oncoming traffic and the lack of toilet facilities, resulting in an additional $4,200 of proposed fines, Fitzgerald said.

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