OSHA finds Boston window cleaning company responsible for death of employee who fell 29 stories

Sky Safety Inc. said it was not responsible for the death of the employee in a statement to Boston.com.

Federal officials found a local window cleaning company is responsible for an employee’s fatal 29-story fall from a building in downtown Boston in October after failing to inspect equipment for damage, they announced Thursday.

The Occupational Safety and Health Administration (OSHA) issued Boston-based company Sky Safety Inc. citations totaling $447,087 for repeated, willful, and serious violations of safety standards, the U.S. Department of Labor said in a press release.

The employee, Nicholas Marks of Weymouth, died Oct. 23 of last year while cleaning windows of a high-rise office tower at 100 Summer St. Marks was trying to climb into the bosun’s chair, a suspended seat used to perform work while hanging from ropes, when an anchor line snapped, causing him to fall. A lifeline also snapped while Marks was falling, according to the OSHA investigation.

Investigators found that Sky Safety “willfully exposed” employees to fall hazard by not ensuring fall protection systems were in working condition at the 100 Summer St. work site, according to Thursday’s press release.

“Specifically, OSHA investigators learned the company had not inspected the rope and equipment for damage and other deterioration adequately and did not remove defective components from service before each work shift and replace them,” officials said.

The federal agency also found Sky Safety failed to properly train employees on how to inspect equipment for wear; used rope descent systems, lifelines, and lanyards that were not protected from damage like cuts and erosion; and did not use the only certified building anchorage for the rope descent system, according to the release.

“To ensure the safety of employees who work at heights, employers like Sky Safety Inc. must make it their responsibility to provide comprehensive training on inspecting rope descent systems and fall protection equipment and components before each use an absolute priority,” said OSHA regional administrator Galen Blanton. “The U.S. Department of Labor will continue to hold employers accountable when they fail to take the necessary steps to protect their workers.”

Predecessor company was cited for similar safety violations in the past

According to documents from OSHA, employees were cleaning windows while their equipment was tied to guardrails on a roof deck instead of approved anchorages on Oct. 23. Further, the company did not ensure that the rope descent system was inspected at the start of each work shift and that damaged equipment was removed from service and replaced, the agency said.

OSHA previously cited Hi-Rise Inc, Sky Safety’s predecessor company, for violating similar safety standards in 2019 and 2013. Past citations against Hi-Rise included claims of employees not being properly trained about inspection of rope systems and not replacing damaged equipment.

In 2013, OSHA found in its investigation that hazards caused by Hi-Rise “were causing or likely to cause death or serious physical harm to employees… employees were exposed to fall hazards while utilizing frayed ropes.”

SkySafety says rope was severed by hidden piece of metal

In response to the OSHA ruling, SkySafety said in a statement to Boston.com that the company has been “devastated” by the loss of Marks and that he was an “expert in washing windows safely” after being in the industry for over 20 years.

“He was fully trained in safety protocols and was the employee that all other employees looked to if they had any safety concerns or questions,” SkySafety said. “He, along with the rest of our team, are provided with any and all safety equipment needed to perform their jobs safely.”

The company also said it spent $18,878 two weeks before the accident to ensure the team had new safety equipment.

“Nick Marks DID NOT fall because of faulty equipment, inappropriate tie-off points, not from a lack of training,” the statement continued. “Nick Marks fell because his rope was severed by a hidden piece of metal lurking underneath a rubber covering.”

“Nick Marks has washed the windows of 100 Summer Street without incident for years,” the statement said. “In between Sky Safety’s last cleaning and the accident, the owner of 100 Summer Street modified the top of the building and created this hidden hazard. SkySafety had no idea that this hazard was beneath the rubber covering.”

The OSHA report did not mention metal underneath the rope which could’ve possibly severed the rope.

The company has 15 business days from when it received the citations to comply or contest the findings, according to OSHA.

“We have every expectation that SkySafety and OSHA will reach an amicable resolution that reflects the actual facts of the incident — namely that SkySafety did not cause this terrible accident,” SkySafety said.