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Gary Moccia said that the state previously regulated such platforms and required a specific permit for them. But he said that the agency responsible was dismantled and that no other agency has stepped into the breach. The US Department of Labor's Occupational Safety and Health Administration usually does not inspect unless there is an accident, he said[...]

Macomber Builders, the South Boston firm in charge of the project, has paid or agreed to pay $14,012 in fines for four serious safety violations and four less serious ones since April 2001, according to the OSHA website. The fines against Macomber were for violating rules governing scaffolding and protecting workers from falls and excavation, among others, according to the OSHA website. OSHA initially sought much higher fines for more violations, but after customary settlement talks the fines were lowered.

In addition, a joint venture formed to build a hospital in Vermont in which Macomber was a managing partner also paid $3,000 in fines for two serious violations and three less serious ones, according to the website.

OSHA spokesman John Chavez defined a ''serious" problem as a violation in which there is ''a substantial probability that death or serious physical harm could result and the employer knew or should have known of the hazard."