Masonry Firm Faces OSHA Fines in Deadly Mass. Scaffolding Collapse

A masonry contractor faces $119,000 in fines for alleged safety violations that led to a scaffolding collapse at a downtown construction site that killed three last spring, according to federal officials.

The U.S. Occupational Safety and Health Administration said a climbing tower and scaffolding had no support and collapsed when Bostonian Masonry workers removed the final piece of bracing as they dismantled the structure.

“The bracing should not have been removed until an alternate method of stabilizing and supporting the tower was in place,” said Marthe Kent, OSHA’s New England regional administrator.

“Removing the brace and leaving the unit without support violated OSHA standards, industry standards and the scaffold manufacturer’s specifications.”

OSHA issued Walpole-based Bostonian Masonry a willful citation — one committed with intentional disregard or indifference to OSHA regulations — for the bracing’s removal. That citation carries a $70,000 fine, the maximum allowed by law. The agency also cited the company for seven other alleged violations classified as serious and carrying a total $49,000 in fines.

Bostonian Masonry has 15 days to either contest the citations before a review board or request a conference with an OSHA official.

A phone call seeking comment from Bostonian Masonry was not immediately returned.

The accident occurred at the construction site for Emerson College’s new dormitory and campus center. The scaffolding collapsed 13 stories onto a street, killing Bostonian Masonry foreman Robert Beane, 41, and laborer Romildo Silva, 27, as well as Dr. Michael Tsan Ty, 28, who was driving by the site when his car was crushed by falling debris.

Silva’s family sued Macomber Builders, the project’s general contractor, in mid-April. In July, Beane’s family sued Macomber as well as Fraco Products, Ltd., the company that built the scaffolding.