Two years ago, 19 year old Tyler Walsh was struck and killed when a worker dropped a steel bracket from three stories. The worker yelled heads up and Tyler, who was likely not properly trained to work on a job site, looked up and his head met the steel bracket. According to the Manchester Union Leader report the metal lodged into his eye and penetrated his brain. He didn't stand a chance.

A subsequent OSHA investigation lead to three serious fines for an intitial total of $7200. The fines were reduced in an informal settlement to $4200.00. The contractor, Norton Construction Co LLC has worked out a payment plan with OSHA.

Does the fine make sense for the death of a boy?

When I teach fall protection we talk about the dangers of falls and of falling objects. I always remember this tragic accident and reference the tragedy in my trainings with the hope it will never happen to any of my contractor students, their workers or sub-contractors. The pain that this famlly has to live with is unimaginable. Someone lost a son, relative and friend.

Could this accident have been prevented?

I wonder how it would have turned out if Tyler was trained to cover his head when someone yells head up. I wonder if he was taught to not walk under areas where there are hazards above. Why wasn't the area below a controlled access zone? Would he be with us today if he was wearing a hard hat? Why did the man above cause the bracket to fall? 

Like most accidents this one was totally preventable. Tragedies like these are compelling OSHA to increase there scrutiny of the residential construction industry. Employers are required to train their workers before they are exposed to the job site hazards.

Momentum is gaining to increase penalties 

There was an article today in the Worcester Telegram written by Amanda Robarge that the penalties to employers are too low to dissuade them from doing what it takes to protect workers. In the article MassCOSH says too many employers are figuring the cost of OSHA fines as a cost of doing business and know that they can be negotiated down significantly. They go on to state " OSHA is understaffed, underfunded and pursues penalties that are too little, too late". And "too many employers determine it to be cheaper to violate OSHA regulations than comply with them".

Talking with safety professionals I sense that there is a movement in government safety circles that the existing fine structure is not enough of a deterrent. Today's MassCosh article supports the premise and recommends that OSHA carefully consider higher fines and penalties that will be a deterrent.

The OSHA public record on this tragedy from the OSHA website; the net result for the contractor is a 4200.00 fine to be paid in installments.

The fine for the death of this boy pales in comparison to his life. The public record above will be easily found when one searches for information on line about this company.