Fight between state and builder intensifies

A Salisbury business owner’s spat with the state Occupational Safety and Health agency has escalated after he refused inspectors access to his job site and they returned this week with a warrant.

Dan Burt, owner of D.W. Burt Construction, is building a four-story structure on 11th Street in Ocean City. Burt said inspectors from MOSH spent two days on his construction site roughly three weeks ago, and when they came back for a third visit, he did not let them onto the property.

“In the 11 hours they were on site, all they did was nitpick,” he said. “I didn’t let them back on site because they’d had plenty of time to get what they needed.”

The inspectors, Burt said, had returned to speak with employees. Burt turned them away, and they returned Tuesday morning with an administrative warrant. Burt said his employees were not interested in speaking with the inspectors.

Burt said inspectors made him lower temporary guard rails by 2 inches and they deemed pipe holes that are 2 inches in diameter to be a “tripping” hazard.

“The rails are there for safety and, in our opinion, whether they’re 2 inches too high or too low, so long as they’re there, no one will fall,” he said. “And a foot can’t fall through a 2-inch hole.”

Burt has been in business for 37 years, and while he has received fines from MOSH before, he said this time around the inspection was more “dramatic.”

“They’re far-reaching,” he said. “In my opinion, I think (the inspectors) are trying to build revenue for the state and justify their jobs.”

Burt said the next step would likely be to schedule a closing hearing where MOSH will issue any penalties and fines.

In response to past accusations that the state is nitpicking to increase revenue from fines, Michael Raia, a spokesperson for MOSH, said the agency has hired additional inspectors to step up inspections to protect worker safety. The same goes for D.W. Burt Construction, he said.

“MOSH’s most important priority is that every worker who goes to a job in the morning comes home at night,” Raia said. “These investigations help ensure our work places are the safest in the country.”

Raia said there was much more to the D.W. Burt Construction inspection than high guard rails.

He said inspectors observed employees working 50 feet in the air with no fall protection. Also, when the inspectors returned with a warrant, Raia said the site was shut down and the employees had been moved.

Raia said inspectors had to file for a warrant because they needed to inspect a crane. Fall protection and crane inspection are two very high priorities for MOSH, he said.

“We want to conduct these investigations as quickly as possible to ensure people are going to work in an environment that adheres to all safety regulations,” Raia said.

Delegate Mike McDermott, R-38B-Worcester, said his office contacted MOSH roughly six months ago in response to several complaints from local business owners regarding “nitpicking.” Since then, he has not received any more complaints.

“They seem to have backed off,” McDermott said. “The proof is going to be in the long run, to see what these businesses will have to deal with.”

Source: Sarah Lake, DelmarvaNow.com