A federal investigation by the Occupational Safety and Health Administration (OSHA) determined that the death of a worker at Boston's Cutler Majestic Theater on August 9, 2024, could have been prevented if proper fall protection measures were in place.

The worker, employed by NER Construction Management Inc., fell approximately 50 feet while removing netting from a pipe scaffold. Although the worker wore a safety harness, OSHA found that the harness was not properly secured, and the company failed to conduct necessary safety inspections of the scaffold system.

OSHA cited NER Construction for seven safety violations, including failure to:

  • Ensure proper use of safety harnesses.
  • Conduct regular inspections of scaffolding systems.

The agency has proposed penalties totaling $115,221. NER Construction has 15 business days to comply, contest the findings, or request a conference with OSHA to discuss the violations.

Jeffrey Erskine, OSHA's Acting Regional Administrator, emphasized the tragedy as a stark reminder of the importance of adhering to workplace safety protocols, especially in high-risk environments like construction. The incident highlights the critical need for employers to prioritize worker safety and comply with federal safety standards to prevent similar tragedies.