METHUEN — The Occupational Safety and Health Administration slapped a highway construction company, Brox Industries of Dracut, with $14,700 in fines and three safety violations in connection with the death of a Londonderry, N.H., man.
Robert Augeri, a construction worker employed by Brox, was killed on his 31st birthday June 3 while working on an overnight highway paving project in the northbound lane of Interstate 495. He died when a Mack dump truck backed into him in the closed left travel lane near Merrimack Street (Exit 44).
OSHA is still investigating Lewis Maynard Trucking, the company that owned the dump truck, according to John Chavez, regional director for public affairs with the U.S. Department of Labor.
The truck was driven by Robert McCann, 25, of Methuen, a Lewis Maynard worker at the site. He and his passenger, Christina DeForte, 23, also of Methuen, were not hurt in the accident.
Chavez could not say if additional fines and penalties were anticipated. OSHA has six months from the accident to close its books on the case, he said.
Brox will have 15 days to contest the penalties or to ask for a conference to try to work out a settlement,
Victor Goulet, safety director for Brox Industries, said the company was notified yesterday about the findings and will ask OSHA for a conference to discuss the agency's findings and the results of the company's internal investigation.
"Our focus in these past months has been support to Rob's family," Goulet said, "and we needed to spend time addressing the concerns of our employees."
The fines would not be the issue, he said.
"The driving issue is protection of our employee and the public," he said.
OSHA considers the three violations "serious," according to the citation.
Brox was cited for: not developing safety programs about directing trucks in areas where workers were on foot; for not adequately training each employee how to avoid unsafe conditions; and for not illuminating the work areas sufficiently. The company has until December to correct the safety problems.
The accident was being investigated by OSHA and by the Massachusetts State Police.
The accident, which happened at 1:30 a.m., was the first fatal accident in a Massachusetts Highway Department construction zone in more than 10 years, according to Highway Department spokesman Adam Hurtubise.
The repaving project encompasses Lawrence and Methuen at a cost of $4.78 million, Hurtubise said. The work began May 12 and is expected to be completed in late September 2009, Hurtubise said.
Staff write Jim Patten contributed to this report.
