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|  Kingston OH Tree Death $12500 Fine | Buzzell Tree Service
East Kingston tree company agrees to pay $12,500 fine in worker's death - EagleTribune.com, North Andover, MA Quote:
East Kingston tree company agrees to pay $12,500 fine in worker's death
By James A. Kimble
Staff writer
KINGSTON, N.H. — An East Kingston tree removal company has agreed to pay $12,500 in federal fines for workplace hazards that led to one of its workers being killed on the job.
The U.S. Labor Department agreed to a settlement with Buzzell Tree Service that would downgrade two of its nine workplace violations, spokesman John Chavez said.
Labor officials initially fined the business $19,250 after an 82-foot pine tree fell on Jon LaVigueur, 22, of Kingston, killing him almost immediately. The workplace accident happened Aug. 7, outside a home on 15th Street in Kingston.
LaVigueur and three other men were pulling a rope tied to the tree while another worker used a chain saw to cut into the trunk, witnesses said. The tree fell forward, striking LaVigueur in the back and killing him, a day short of his 23rd birthday.
Chavez said the business is being allowed to pay the fine in installments. The Labor Department will keep its case open until the fine is fully paid, he said.
Federal officials cited the business for a lack of employee training and safety equipment, and said the business should have known about the potential hazards on its work site.
A criminal investigation into LaVigueur's death is still underway by the Rockingham County attorney's office and Kingston police.
| More about the incident from Feb 2008 KINGSTON: OSHA fines tree removal company after worker's death - EagleTribune.com, North Andover, MA Quote:
KINGSTON — Federal safety regulators have fined an East Kingston tree removal company $19,250, six months after a 22-year-old employee was killed by a falling tree.
The U.S. Department of Labor said Maurice Buzzell, doing business as Buzzell Tree Service, committed seven serious violations that likely played a factor in the death of Jon LaVigueur, 22, of Kingston.
Two other lesser violations cited the company for workplace safety hazards.
Workers were cutting an 82-foot pine tree Aug. 7 outside a home on 15th Street in Kingston when LaVigueur was killed.
One worker used a chain saw to cut into the trunk while LaVigueur and three others began pulling the rope tied to the tree, according to witnesses.
The tree fell toward the men, striking a fleeing LaVigueur in the back. He was a day short of his 23rd birthday.
The two most costly fines, at $7,000 each, were handed down after federal investigators concluded the crew was not wearing safety helmets and that the workers were positioned so the tree was being pulled toward them.
Safety regulators said Buzzell knew or should have known of the hazards at his work site. Federal citations said he operated the work site with either intentional disregard or indifference to employee safety. The citations addressed work practices and a lack of training and protective equipment for the workers.
Investigators from the Occupational Safety and Health Administration claims Buzzell failed to:
n Assess the work area to see if there were hazards that would require workers to wear protective equipment.
n Make sure each employee wore foot protection such as heavy-duty logging boots.
n Provide first-aid kits at work sites where trees were being cut.
n Start chain saws on the ground.
n Make sure brakes were engaged on the chain saw when it was started.
Buzzell, of East Kingston, did not return a phone call seeking comment.
A criminal investigation is being conducted.
Yesterday, Rockingham County Attorney James Reams said he could not comment on an open investigation. In August, Kingston police said they began investigating the matter with the help of county prosecutors and state police.
OSHA officials served the citations to Buzzell personally on Feb. 11. As of yesterday, he had not responded to any of the complaints.
Ted Fitzgerald, an OSHA spokesman, said yesterday that Buzzell had 15 business days to notify federal authorities if he will contest the findings or try to settle the case.
If he contests the charges, an independent OSHA review commission would hold a hearing on the matter, Fitzgerald said.
| And the original from Aug 2007 when it happened Kingston worker killed by falling tree - EagleTribune.com, North Andover, MA Quote:
Kingston worker killed by falling tree
By Meghan Carey , Staff writer
Eagle-Tribune
KINGSTON - A Circuit Drive resident working for a local tree service was killed yesterday when he was struck by a falling pine tree.
Jon LaVigueur was cutting an 82-foot tree on 15th Street for Buzzell Tree Service of East Kingston when the pine fell on him about 12:40 p.m., police said.
Today would have been his 23rd birthday.
Paula Campbell, who owns the home at 1 15th St. where LaVigueur and four other employees were working, said the men had tied a rope to the top of the tree. After one worker used a chain saw to make a cut in the trunk, the other men began pulling the rope.
When the tree started to fall, they ran.
"He should have gone right or left," Campbell said, "but he tried to outrun the tree."
LaVigueur was slowed when his feet became entangled in weeds and bushes, causing the top of the tree to hit him in the back, she said.
Police Chief Donald Briggs said officers responded to multiple 911 calls. Medical personnel tried to help LaVigueur, but it was too late.
Neighbor Joe Mailhot of 2 15th St. witnessed the accident. He said the impact caused LaVigueur to be thrown.
"Another 2 feet and it would have missed him," Mailhot said.
Campbell said the workers were shaken. They kept screaming "Help," she said.
"There's been a lot of tears here today," Campbell said.
Briggs said LaVigueur, a graduate of Sanborn Regional High School, was a polite, respectful man with many friends. He lived with his father at 9 Circuit Drive. No one at the home or Buzzell Tree Service answered the doors last night.
"It was a tragic event that has affected many of the young people in Kingston who were friendly with the victim," Briggs said.
LaVigueur had worked for the company for just a short time, according to Briggs. Buzzell was to cut 16 or 17 trees for the Campbells.
This was the first tree cut down at the home yesterday, Briggs said. Numerous other pines were cut down last week and parts of tree trunks were still strewn around the yard.
Briggs said the incident is being investigated by state police, the Rockingham County attorney, the medical examiner and the Occupational Safety and Health Administration.
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9th June 2008, 09:18 AM
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