Feb. 22, 2016 BOS 2016-022

BRAINTREE, Mass. - Kevin Miranda's death could have been prevented if his employer, Skyline Contracting and Roofing Corp. of Taunton, had followed industry and federal safety standards, an inspection by the U.S. Department of Labor's Occupational Safety and Health Administration has found.

Miranda was operating an aerial lift* near Taunton's Morton Hospital on Aug. 18, 2015. The lift's boom was extended to a height of 45 feet when the lift tipped over. When it did, the operator's basket hit the ground; the force ejected and threw him 16 feet. Miranda subsequently died from his injuries.

OSHA inspectors found the lift was positioned on ground that was not level, a condition that conflicted with both industry safety standards and the lift's operator manual. In addition, Miranda's fall protection lanyard was not attached to the basket or boom. They determined his employer had not trained him to recognize this hazard, as required by OSHA standards.

"This incident and the needless death that resulted were preventable. Kevin Miranda's employer was well aware of the necessary safety requirements, yet disregarded them," said Kenneth Shedden, OSHA's area director for Boston and southeastern Massachusetts. "Safety standards exist for a good reason: to prevent incidents such as this, and the deaths and injuries that can result. Employers must know and adhere to all applicable standards. The lives and well-being of their employees depend on it."

OSHA cited Skyline Contracting and Roofing Corp. on Feb. 12, 2016, for two willful violations and one serious violation. Proposed fines total $102,900. The company 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.

The citations can be viewed here*.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, 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 Braintree office at 603-225-1629.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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Media Contact:

Ted Fitzgerald, 617-565-2075 fitzgerald.edmund@dol.gov

Release Number: 16-334-BOS

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department's Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

*Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.