Skip to content
SafetyRecord logoSafetyRecord
NER CONSTRUCTION MANAGEMENT INCORPORATED
$245,750
penalties
40
viol.
14
insp.

NER CONSTRUCTION MANAGEMENT INCORPORATED

39 BOYLSTON STREET, BOSTON, MA 02116NAICS 238140 Masonry Contractors

Inspections
14
Nov 1998 to Aug 2024 · 12 safety, 2 health
Violations
40
across 14 inspections
Penalties on record
$245,750
latest amounts in DOL records
By classification
Serious 29Willful 2Repeat 2Other 7

Having inspection records is common for businesses in regulated industries. Data and methodology

Inspection records

Aug 9, 2024Final Order RecordedFatalityFatality/Catastrophe (M) · Complete scope, Safety#347680183$60,0002 viol.

Inspection #347680183

Dates

Opened
Aug 9, 2024
Closing Conference Date
Aug 9, 2024
Contested
Feb 10, 2025
Final Order
Aug 21, 2026
Closed
No close date in inspection feed

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
74
Related Activity
1 accident

Violations and Penalties

Total Violations
2
Violation Types
1 serious, 1 other-than-serious
Initial Penalties
$32,262
Penalties on Record
$60,000
Site Address
219 Tremont Street, Boston, MA 02205
Industry
238140 Masonry Contractors

Fatality/Catastrophe Inspection: This inspection record is categorized as a fatality/catastrophe inspection in the DOL OSHA enforcement data.

OSHA's inspection feed still shows no close date for this record. However, the citation records tied to this inspection show contest activity beginning on Feb 10, 2025 and final orders recorded through Aug 21, 2026.

Incident Investigation Summaries

Incident investigation summaries linked to this inspection through OSHA's accident and injury enforcement data. These summaries describe the reported incident. The enforcement outcome for the linked inspection is in the inspection details above.

FatalityAug 9, 2024

Employee is killed in fall from scaffold

Event: Fall (From Elevation)

Violations

Violation list (2 of 2 shown)
CitationStandardTypeInstancesExposedInitialCurrentAbatementContestFinal Order
010011926.20
General Safety and Health Provisions
OSHA citation code: 19260020 B02
Other213$16,131$30,000Jul 28, 2026Feb 10, 2025Aug 21, 2026
010041926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 G01
Serious14$16,131$30,000Feb 10, 2025Aug 21, 2026
Aug 4, 2010Planned (H) · Complete scope, Safety#313802118$131,00011 viol.

Inspection #313802118

Dates

Opened
Aug 4, 2010
Closing Conference Date
Jan 25, 2011
Contested
Feb 9, 2011
Final Order
Nov 9, 2011
Closed
Sep 30, 2014

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
5
Related Activity
1 referral

Violations and Penalties

Total Violations
11
Violation Types
6 serious, 2 willful, 1 repeat, 2 other-than-serious
Initial Penalties
$235,500
Penalties on Record
$131,000
Site Address
20 Rowes Wharf, Boston, MA 02110
Industry
238140 Masonry Contractors

Planned Inspection: This inspection record is categorized as a planned inspection in the DOL OSHA enforcement data. Planned inspections are part of OSHA's scheduled enforcement activity rather than being opened directly from a complaint or reported incident at that worksite.

Violations

Violation list (5 of 11 shown)
CitationStandardTypeInstancesExposedInitialCurrentAbatementContestFinal Order
010011910.178
Powered Industrial Trucks
OSHA citation code: 19100178 L06
Serious11$2,500$1,000Sep 6, 2011Feb 9, 2011Nov 9, 2011
010021926.50
Medical Services and First Aid (Construction)
OSHA citation code: 19260050 G
Serious11$2,500$1,000Sep 6, 2011Feb 9, 2011Nov 9, 2011
010031926.100
Head Protection (Construction)
OSHA citation code: 19260100 A
Serious11$2,000$1,000Sep 6, 2011Feb 9, 2011Nov 9, 2011
010041926.102
Eye and Face Protection (Construction)
OSHA citation code: 19260102 A01
Serious21$2,500$1,000Sep 6, 2011Feb 9, 2011Nov 9, 2011
010051926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 B03
Serious11$7,000$3,000Sep 6, 2011Feb 9, 2011Nov 9, 2011

Showing the 5 violations listed first by citation identifier. This inspection has 11 total violations documented in the U.S. Department of Labor OSHA enforcement database. The complete violation list is available at enforcedata.dol.gov.

Jul 14, 2010Planned (H) · Partial scope, Safety#313800823$3,0002 viol.

Inspection #313800823

Dates

Opened
Jul 14, 2010
Closing Conference Date
Jul 19, 2010
Contested
Dec 8, 2010
Final Order
Nov 9, 2011
Closed
Dec 8, 2011

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
3

Violations and Penalties

Total Violations
2
Violation Types
2 serious
Initial Penalties
$8,600
Penalties on Record
$3,000
Site Address
14 Beacon Street, Boston, MA 02108
Industry
238140 Masonry Contractors

Planned Inspection: This inspection record is categorized as a planned inspection in the DOL OSHA enforcement data. Planned inspections are part of OSHA's scheduled enforcement activity rather than being opened directly from a complaint or reported incident at that worksite.

Violations

Violation list (2 of 2 shown)
CitationStandardTypeInstancesExposedInitialCurrentAbatementContestFinal Order
010011926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 E09 IV
Serious12$1,600$600Nov 22, 2010Dec 8, 2010Nov 9, 2011
010021926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 G02
Serious12$7,000$2,400Jan 3, 2011Dec 8, 2010Nov 9, 2011
May 26, 2009Complaint (B) · Complete scope, Safety#312105539$00 viol.

Inspection #312105539

Dates

Opened
May 26, 2009
Closing Conference Date
May 26, 2009
Closed
Aug 14, 2009

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
9
Related Activity
1 complaint

Violations and Penalties

Total Violations
0
Initial Penalties
$0
Penalties on Record
$0
Site Address
1 Center Plaza, Boston, MA 02108
Industry
238140 Masonry Contractors

Complaint Inspection: This inspection record is categorized as a complaint inspection in the DOL OSHA enforcement data. OSHA can open complaint-driven inspections after receiving safety or health complaints from workers or their representatives.

Sep 20, 2007Referral (C) · Partial scope, Safety#310675053$00 viol.

Inspection #310675053

Dates

Opened
Sep 20, 2007
Closing Conference Date
Sep 28, 2007
Closed
Sep 28, 2007

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
14
Related Activity
1 referral

Violations and Penalties

Total Violations
0
Initial Penalties
$0
Penalties on Record
$0
Site Address
104 Franklin Hill Avenue, Boston, MA 02124
Industry
238140 Masonry Contractors

Referral Inspection: This inspection record is categorized as a referral inspection in the DOL OSHA enforcement data. Referral inspections can result from another agency, another OSHA activity, or another source referring a potential hazard to OSHA.

Jul 26, 2006Referral (C) · Partial scope, Safety#309569234$7,5002 viol.

Inspection #309569234

Dates

Opened
Jul 26, 2006
Closing Conference Date
Jul 26, 2006
Closed
Feb 16, 2007

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
3
Related Activity
1 referral

Violations and Penalties

Total Violations
2
Violation Types
2 serious
Initial Penalties
$0
Penalties on Record
$7,500
Site Address
39 Boylston Street, Boston, MA 02116
Industry
238140 Masonry Contractors

Referral Inspection: This inspection record is categorized as a referral inspection in the DOL OSHA enforcement data. Referral inspections can result from another agency, another OSHA activity, or another source referring a potential hazard to OSHA.

Violations

Violation list (2 of 2 shown)
CitationStandardTypeInstancesExposedInitialCurrentAbatementContestFinal Order
01004A1926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 E09 IV
Serious11$0$7,500Feb 28, 2007--
01004B1926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 F07
Serious11$0$0Feb 28, 2007--
Jun 20, 2005Referral (C) · Partial scope, Safety#308108075$28,0005 viol.

Inspection #308108075

Dates

Opened
Jun 20, 2005
Closing Conference Date
Jun 20, 2005
Closed
Mar 15, 2006

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
5
Related Activity
1 referral

Violations and Penalties

Total Violations
5
Violation Types
3 serious, 1 repeat, 1 other-than-serious
Initial Penalties
$30,500
Penalties on Record
$28,000
Site Address
Tremont Street, Boston, MA 02118
Industry
238140 Masonry Contractors

Referral Inspection: This inspection record is categorized as a referral inspection in the DOL OSHA enforcement data. Referral inspections can result from another agency, another OSHA activity, or another source referring a potential hazard to OSHA.

Violations

Violation list (5 of 5 shown)
CitationStandardTypeInstancesExposedInitialCurrentAbatementContestFinal Order
010011926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 B03
Serious13$2,500$2,500Nov 9, 2005--
010021926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 G04 I
Serious22$5,000$2,500Nov 9, 2005--
010031926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 G04 V
Other15$0$0Nov 9, 2005--
020011926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 B01
Repeat15$18,000$18,000Nov 9, 2005--
020021926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 E01
Serious12$5,000$5,000Nov 9, 2005--
Jun 25, 2004Referral (C) · Partial scope, Safety#306814096$00 viol.

Inspection #306814096

Dates

Opened
Jun 25, 2004
Closing Conference Date
Jun 25, 2004
Closed
Nov 8, 2004

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
4
Related Activity
1 referral

Violations and Penalties

Total Violations
0
Initial Penalties
$0
Penalties on Record
$0
Site Address
Suffolk County Courthouse, Boston, MA 02119
Industry
238140 Masonry Contractors

Referral Inspection: This inspection record is categorized as a referral inspection in the DOL OSHA enforcement data. Referral inspections can result from another agency, another OSHA activity, or another source referring a potential hazard to OSHA.

Jun 25, 2004Programmed Related (I) · Partial scope, Health#306814088$00 viol.

Inspection #306814088

Dates

Opened
Jun 25, 2004
Closing Conference Date
Jun 25, 2004
Closed
Jun 25, 2004

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
32
Related Activity
1 referral

Violations and Penalties

Total Violations
0
Initial Penalties
$0
Penalties on Record
$0
Site Address
Jfk Federal Building, Boston, MA 02122
Industry
238140 Masonry Contractors

Programmed Related Inspection: This inspection record is categorized as a programmed related inspection in the DOL OSHA enforcement data. The public DOL category label is preserved here without adding extra interpretation beyond the government label.

Jun 8, 2000Complaint (B) · Partial scope, Safety#302921812$2,7502 viol.

Inspection #302921812

Dates

Opened
Jun 8, 2000
Closing Conference Date
Jun 8, 2000
Contested
Sep 18, 2000
Final Order
May 7, 2001
Closed
May 9, 2001

Inspection

Advance Notice
No
Owner Type
Private
Union Status
Yes
Number of Employees
8
Related Activity
1 complaint

Violations and Penalties

Total Violations
2
Violation Types
2 serious
Initial Penalties
$5,500
Penalties on Record
$2,750
Site Address
265 Franklin Street, Boston, MA 02111
Industry
238140 Masonry Contractors

Complaint Inspection: This inspection record is categorized as a complaint inspection in the DOL OSHA enforcement data. OSHA can open complaint-driven inspections after receiving safety or health complaints from workers or their representatives.

Violations

Violation list (2 of 2 shown)
CitationStandardTypeInstancesExposedInitialCurrentAbatementContestFinal Order
010011926.451
Scaffolding - General Requirements
OSHA citation code: 19260451 G01 II
Serious12$3,500$1,375Aug 29, 2000Sep 18, 2000May 7, 2001
010021926.501
Fall Protection - Duty to Have Fall Protection
OSHA citation code: 19260501 B04 II
Serious84$2,000$1,375Aug 29, 2000Sep 18, 2000May 7, 2001
Inspections 1 to 10 of 14, newest first

Penalty amounts may differ from final amounts after settlement or judicial review. How to read these records

About these records

A company page groups inspections with the same normalized employer name, city and state; it is not a legal-entity identifier (how pages are grouped).

This page displays public OSHA enforcement data. Status text follows the DOL inspection record first and may include citation-level context when the inspection feed and citation records are out of sync. Penalty amounts shown reflect the latest penalty amounts on record in the DOL database and may differ from initial assessments or final amounts. This is not an official OSHA resource.

OSHA's public enforcement data does not publish a "guilty" or "not guilty" field for inspections. The closest outcome fields available are the citation counts, penalty amounts, contest dates, final-order dates, and the inspection close date shown on this page. How to interpret these status fields. How initial and current penalties are recorded.

OSHA may publish multiple citation rows in the same inspection with the same standard and penalty fields. Separate rows can still differ in OSHA metadata such as citation identifier, recorded instance count, exposed workers, or gravity value. Contest and Final Order columns show citation-level dates from OSHA's enforcement record. A dash means OSHA's record does not currently show that activity for the citation.

Source: U.S. Department of Labor OSHA incident investigation data (`osha_accident` + `osha_accident_injury`). Linked via `rel_insp_nr` to the inspection activity number (exact government key). Injury, body part, source and event values are OSHA's own codes. OSHA states that these fields are not coded according to the requirements under the Occupational Injury and Illness Classification System (OIICS). Only the values present in the OSHA record are listed; an incident with no value that resolves in OSHA's code table shows "Injury details not recorded". Where a record covers several people, each field lists every value recorded across them.

Understanding These Penalties

The maximum penalty for a serious violation in 2025 is $16,550 per violation. For willful violations, the range is $11,823 to $165,514. The current penalty column shows the latest amount on record in OSHA's database for each citation. When the current penalty differs from the initial penalty, OSHA's records show that the amount changed during the enforcement process, but this page does not determine the specific reason for each change. Penalty amounts are set by OSHA and adjusted annually for inflation.

Standards cited

1926.451Scaffolding - General Requirements19 citations · $199,875
1910.134Respiratory Protection8 citations · $5,500
1926.55Gases, Vapors, Fumes, Dusts, and Mists2 citations · $2,000

Chemical exposure sampling

Samples
9
Substances
4
Inspections
1

Industry comparison

Violations per inspection
This employer2.9
Industry average2.1
Penalties per inspection
This employer$17,554
Industry average$2,540

Specialty Trade Contractors, 559,382 employers with OSHA inspections. Arithmetic from DOL records.

BLS 2024 survey: masonry contractors reported 1.9 injuries and illnesses per 100 full-time workers (total recordable cases, national, private industry; relative standard error 15.2%; NAICS 23814 level). This is an industry-wide average from a federal survey, not a measurement of this establishment. Source

Other inspected employers in BOSTON, MA

All employers in BOSTON →