Merrimack Premium Outlets Contractors Face $173K in Fines

The general contractor for the Merrimack Premium Outlets and nine subcontractors are facing $173,500 in fines from the U.S. Department of Labor’s Occupational Safety and Health Administration for alleged violations of workplace safety standards that include exposure to significant falls and exposure to electric shock, among other things.

“Our inspection found workers exposed to a variety of common but avoidable hazards associated with construction work, notably falls and electric shocks,” said Rosemarie Ohar, OSHA’s New Hampshire area director, in a press release sent Monday afternoon. “Both of these hazards can kill or disable workers in seconds. For the safety of their employees, employers must adhere to required safeguards at all times on this and all job sites.”

The fines have been proposed on violations classified as “willful” and “serious” following an inspection initiated in January by OSHA's Concord area office.

The three largest proposed fines are attached to citations against the general contractor, Hardin Contstruction of Atlanta, Ga., roofing subcontractor, P&A Roofing and Sheet Metal Inc., of Orlando, Fla., and steel framing contractor F.L. Crane and Sons Inc., of Hutto, Texas.

Three New Hampshire contractors were also cited.

Palace Construction Inc., of Litchfield, received citations for two serious violations related to fall and ladder hazards. The company performed siding and trim work and could be fined $7,000.

Four Star Drywall LLC, of Manchester, was cited for two serious violations related to electrical and scaffold hazards. The company faces a possible fine of $5,940.

Paul Modzeleski, as Sentry Roofing, of Dunbarton, earned citations for two serious violations involving damaged safety lanyards and a lack of fall protection training. He could pay $6,000 in fines.

Hardin Construction, the general contractor, has been cited for five serious violations that involve “employees being exposed to falls of up to 20 feet, an underground power generator, unsecured and unmarked hole covers on the roof, a failure to supply fire extinguishers throughout the job site and lack of inspections to identify a by competent individuals with the knowledge to identify and authority to correct hazards.” The violations reflect $27,000 in fines, according to the press release.

P&A Roofing and Sheet Metal Inc. faces a possible $48,510 in fines for one willful and two serious violations involving employees exposed to falls of up to 20 feet, a lack of fall protection training and a failure to regularly dispose of flammable substances. 

And F.L. Crane and Sons Inc., could pay $59,500 in fines for one repeat and two serious violations involving employees exposed to falls of up to 32 feet from scaffolds, employees exposed to falls of 11 and 20 feet from other surfaces, and insufficient machine guarding.

“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,” according to the press release. “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.”

Also cited were:

• MasRam Mechanical LP of Houston, Texas – two serious violations related to fall hazards. Potential fine of $7,000.
• Universal Timber Structures of Auburndale, Fla. – one serious violation involving the unauthorized modification of a truck used to lift employees. Potential fine of $3,850.
• Professional Electrical Contractors of CT Inc. of Norwood, Mass. – one serious violation involving an ungrounded power generator. Potential fine of $4,500.
• J.M.D. Architectural Products Inc. of Tipp City, Ohio – citations for two serious violations involving misused electrical equipment and unlabeled chemical containers. Potential fine of $4,200.

The full citations can be viewed at the OSHA website.

According to the press release, each employer in has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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 Concord office at 603-225-1629.