A construction worker's fatal fall at the Cutler Majestic Theater in Boston in August 2024 could have been prevented, according to a U.S. Department of Labor investigation. The Wilmington-based contractor, NER Construction Management Inc., failed to follow required fall protection measures.

The Occupational Safety and Health Administration (OSHA) launched an investigation following a referral from Boston Police. Inspectors discovered that the worker fell approximately 50 feet while removing netting from a pipe scaffold. Although the worker wore a safety harness, it was not properly secured, and necessary compliance inspections were not conducted by the employer.

NER Construction Management was cited for six serious violations and one other-than-serious violation. These included failures to ensure proper use of safety harnesses, designate competent inspectors for job site materials and equipment, inspect scaffolding systems before work shifts, ensure experienced employees handled scaffold alterations under supervision, install horizontal lifelines to prevent falls, and rig personal fall arrest systems correctly.

“This incident is a stark reminder of the devastating consequences when safety measures are disregarded,” said OSHA Acting Regional Administrator Jeffrey Erskine in Boston. “Employers have a responsibility to implement and enforce fall protection standards. Doing so can protect their workers from harm and prevent the grief and loss that accompany these entirely preventable tragedies.”

OSHA proposed penalties totaling $115,221 against NER Construction Management as determined by federal statute.

Founded in 1983, NER Construction Management provides services such as new construction, building restoration, waterproofing and sealing, and masonry work across Boston and New England.

The company has 15 business days from receiving its citations to comply with them or contest them before the Occupational Safety and Health Review Commission.