Welding company at center of fatal Back Bay fire hit with workplace safety fines

Mike Beaudet

Producer Kevin Rothstein

DEDHAM (MyFoxBoston.com) -- The federal agency overseeing workplace safety has slapped the company that allegedly sparked this year's deadly Back Bay fire with $58,000 in fines for workplace safety violations.

The Occupational Safety and Health Administration cited D&J Ironworks of Malden and owners Giuseppe Falcone and Daniele Falcone with 10 "serious" violations, meaning OSHA believes the company knew or should have known that serious injury or death could have resulted.

Boston fire officials say welders working on a piece of railing next door to 298 Beacon St. sparked the fire that, on a wind-whipped day in March, quickly engulfed the brownstone, killing Boston Fire Lt. Edward Walsh and Firefighter Michael Kennedy. Authorities have already said the welders didn't have a permit for the welding work.

The OSHA violations include not moving the railing, which was being installed on a stairway, to a safe location for welding, not using a fire watch to monitor for flames during windy conditions, and a lack of fire safety training for employees.

The Suffolk County District Attorney is still deciding whether anyone will be charged with a crime in connection with this case, a spokesman for the DA said today. Several civil lawsuits are already under way.

Kathy Crosby-Bell, the mother of Firefighter Kennedy, released a statement saying,  This is only one piece of the ongoing investigation and I look forward to the results of the complete investigation from the District Attorney's office. Ultimately, I hope this reminds all Bostonians of the critical need to ensure the safety of our firefighters who put their lives on the line for each one of us every day."

Richard Bardi, the attorney representing the owners of D&J Ironworks also spoke, saying the fire was a tragic accident but not a criminal matter.

As for the OSHA fines, the attorney, Bardi said, "We expect to meet with OSHA representatives and address its findings, which are without support both legally and factually."

Cox Media Group