I-Team: Companies fined by OSHA after worker deaths often have penalties reduced
BOSTON - Peter Monsini was known as Brockton Pete. On March 26, 2022, he was operating heavy demolition equipment at the Government Center Parking Garage when the floor beneath him collapsed, sending him plummeting eight stories to his death.
Alicia Anacleto, Peter's girlfriend, choking back tears told the I-Team, "I don't think he realized how many people loved him." She understands he had a dangerous job, but says despite its risks, Peter should have come home. "It's not right. Dads and moms they go to work thinking they are going to come home to their kids, and they don't," she added.
Peter, a single father, is one of 51 Massachusetts workers who lost their lives on the job in 2022. Thirty-nine of the fatalities resulted from traumatic injuries, and nearly a quarter occurred in the construction industry.
Al Vega of MassCOSH (Massachusetts Coalition for Occupational Safety and Health) emphasized the employer's responsibility for worker safety. He pointed out that some employers cut corners, leading to higher injury rates. OSHA (Occupational Safety and Health Administration), the federal agency tasked with ensuring worker safety, launched an investigation into Monsini's case.
OSHA fined JDC Demolition, the company Monsini worked for, almost $1.2 million for what it deemed "egregious-willful violations."
The agency found that JDC failed to adequately train workers and ignored safety concerns raised by others. JDC contested the violations, and a trial is now set before an administrative law judge in April.
An April report by MassCOSH shows that the average fine imposed by OSHA on employers involved in workplace fatalities in 2022 was approximately $38,000. However, the final penalty paid by the companies was less than $22,000, reflecting a more than 40% reduction.
Vega expressed concerns about the effectiveness of fines as deterrents, stating, "Those fines are so low they are never going to serve as a deterrent to actually change the way in which they do their work with their workers." The investigation revealed that OSHA not only reduces fines on appealed citations but in some cases also wipes them out altogether, allowing companies to avoid paying any penalties.
OSHA tells the I-Team settlements are made on a case-by-case basis taking into account circumstances, safety issues, and the correction.
In some cases, that means companies cited for serious violations could have them deleted and end up paying nothing.
"That's the worst," Vega said. "A company is supposedly responsible for something but can somehow convince a federal agency 'we've done absolutely nothing wrong.'"
In 2014 and in 2016, OSHA fined JDC Demolition thousands of dollars for unsafe working conditions. In both cases, after the company contested the citations, OSHA deleted the violations and the fines.
In a statement a spokesperson for JDC Demolition said, "Since its founding in 2012, JDC Demolition has never been found by OSHA to have violated any OSHA standards despite having performed some of the most complicated demolition and dismantling projects in the region. We have contested the 2022 citations and are confident that when all of the facts are fully developed, we will establish the work was performed consistent with OSHA's standards."
Alicia Anacleto says she misses Pete every day and believes his death was entirely preventable. "If they (companies) paid for what they are fined, employers would think twice. Employers are just getting away with stuff, and that's why these things happen. The only mistake he made that day was to go to work. Oh my god I miss him so much - we all do."
Peter's family has filed a lawsuit. Meantime, MassCOSH is lobbying congress to increase the penalties for employers who violate OSHA safety standards. The coalition also says the agency is understaffed and needs more inspectors and funding.