Contractor Faces OSHA Penalties After Worker Falls from Boston Theater Scaffold

The tragic death of a construction worker at Boston’s Cutler Majestic Theater could have been avoided, according to an investigation by OSHA. The worker fell approximately 50 feet while removing netting from a pipe scaffold last August. Although the worker wore a safety harness, OSHA found that NER Construction Management failed to ensure the harness was properly tied off and did not conduct required daily safety inspections.

OSHA issued seven citations against the Wilmington, Massachusetts-based contractor, citing violations that included inadequate use of fall protection equipment, failure to inspect scaffold systems, and improper rigging of fall arrest systems. The agency has proposed fines totaling $115,221.

This incident highlights the critical importance of compliance with federal fall protection standards, particularly in high-risk environments like scaffolding work. NER Construction Management, which provides masonry and restoration services across New England, has 15 business days to comply with OSHA’s findings, request a conference, or contest the citations.

‘This tragedy underscores the severe consequences of neglecting workplace safety,’ stated OSHA Acting Regional Administrator Jeffrey Erskine, emphasizing the need for stricter adherence to safety protocols to prevent future incidents.