SalemNews.com, Salem, MA

Local News

March 5, 2008

Company fined for worker's fatal fall from Salem church roof

SALEM — A worker who was killed last summer in a fall from a church roof was not wearing proper safety equipment and was not adequately trained, a federal investigation has found.

The Occupational Safety and Health Administration announced yesterday that it has fined BC Construction of Lynn $22,400 and cited the company for numerous "serious" violations in connection with the death of its employee, Benedelso N. Ovalle, 21, of Lynn.

Ovalle died Aug. 31 after falling more than 20 feet from the roof of 292 Lafayette St., during a major renovation of the building. As part of a move to a new site, the First Baptist Church of Salem was replacing the roof and doing other repairs.

The worker fell after carrying a bundle of shingles to the roof, police said.

"It appears he turned around to adjust the ladder and, as he did, he toppled over," a police spokesman said at the time of the accident.

Following a six-month investigation, OSHA cited BC Construction for a number of violations, including a lack of "fall protection" equipment for its roofers, a defective ladder, inadequate roof training for workers and improper safety harnesses. Several workers were wearing rock climber's harnesses rather than the required full-body harnesses, the agency said.

The Salem News was unable to reach a spokesman for BC Construction of Lynn, which can either reach a settlement or appeal the findings.

Olympic Paint & Roofing of Peabody, the general contractor, was not cited by OSHA.

Ovalle was still conscious at 9 a.m. when police arrived at the accident scene, according to police. He was alert and complaining of stomach pain. He died before reaching a MedFlight helicopter, which had flown to the Palmer Cove Playground to transport him to a Boston hospital, police said.

Police said they were told Ovalle was not wearing a harness and that only three of the five workers on the roof had fall-protection equipment..

BC Construction was cited for "repeat" and "serious" violations in Ovalle's death.

"A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known," OSHA said in a general statement about its procedures. "A repeat citation is issued when an employer has previously been cited by OSHA for a similar hazard and that citation has become final."

BC Construction was cited for inadequate fall-protection equipment in a January 2007 accident at 200 Lynn St., Peabody, according to OSHA. The agency did not provide further details about that incident.

Fall off church roof

OSHA violations Fines

1. No fall protection anchor on roof $2,800

2. Improper rope grabs $2,800

3. Inadequate roof training $2,800

4. Ladder not 3 feet above roof $2,800

5. Defective ladder not inspected $2,800

6. No ladder training $2,800

Repeat violation Fine

1. Improper fall protection $5,600

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Company fined for worker's fatal fall from Salem church roof
by By Tom Dalton , , Wed Mar 05, 2008, 07:14 AM EST
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