New Hampshire Roofing Contractor Lied to Beat OSHA Penalties, Judge Says

A New Hampshire contractor has been accused of lying and being evasive in an attempt to avoid responsibility for safety hazards for roofers at his worksite.

A federal administrative law judge has determined that Barry Billcliff, doing business as Merrimack Valley Roofing and other alleged business names, willfully exposed his employees to fall safety hazards. The judge held Billcliff personally liable for more than $160,000 in penalties and $3,215 in attorneys’ fees.

The judge’s action follows an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and citations for six safety violations by Billcliff at a Devens, Massachusetts worksite.

Billcliff contested the findings before the independent Occupational Safety and Health Review Commission. During hearings in April and June 2023, the Sandown-based employer contended that he was not an employer under the OSHA statute and should not be held individually liable for the violations.

However, Administrative Law Judge Dennis L. Phillips found Billcliff was not credible in his testimony. In a 119-page decision, Phillips determined Billcliff unsuccessfully tried to evade accountability by using aliases and doing business under multiple alleged corporate names, had no evidence of a valid, registered corporation or limited liability company relevant to the job site, and was personally liable for the OSHA penalties.

He found Billcliff repeatedly lied during the inspection, litigation and at trial, and was evasive about the bank account used for payments for roofing work.

The judge found Billcliff was a controlling employer under OSHA’s multi-employer policy and, as such, was required to take reasonable measures to protect workers at the job site, including subcontractor employees, which Billcliff did not do.

The OSHA penalties Billcliff was ordered to pay are greater than OSHA originally proposed in light of what the judge said was his dishonest conduct.

“When employers refuse to comply with the law, place workers’ lives at risk and then lie in an attempt to avoid being held responsible, the U.S. Department of Labor will hold them accountable, including by going to trial,” said Regional Solicitor of Labor Maia Fisher in Boston. Fisher added that if a cited employer continues deceptive conduct in litigation, the department will seek sanctions and ask the judge to order a greater penalty than OSHA initially recommended.

Billcliff can appeal. In the absence of an appeal, the review commission’s order will be final on Dec. 13, 2023.

Source: OSHA

Topics Legislation Workers' Compensation Contractors New Hampshire