State investigation finds 15 violations by Tuftonboro firm with truck in fatal crash
By
New Hampshire Union Leader
A white cross is surrounded by hockey sticks and flowers in memory of
* Dump truck in fatal that claimed life of driver's grandson had faulty brakes
* Officer witnessed dump truck crash that claimed driver's grandson, 6
-- A state labor investigation found 15 violations of wage, insurance and record-keeping laws at a
The scathing report concluded the company and its owner failed to have workers' compensation insurance, insisted without any legal basis its employees were only unpaid "helpers," failed to keep any records on their hours and wages paid and didn't even have on file
Labor Inspector
Middle Road Supply operates a gravel pit that produces loam for landscaping companies, state officials said.
"Both companies are controlled by the employer and business operations are often intertwined with one another, making it difficult to establish which company oversees specific work conducted by individuals," Becker wrote in her inspection report.
It is illegal for an employer to run a business without workers' compensation insurance.
Under state law, purposely failing to carry workers' compensation coverage is a felony punishable by 3.5 to 7 years in prison. Employers also can be fined up to
Sole-proprietors, partners and self-employed persons are not required to carry workers' compensation on themselves. There's also an exclusion for independent contractors, but Becker in the report said the firms could not claim that classification.
"As sad and unfortunate as this case is, I hope people doing business in
O'Blenes was listed as working for Middle Road Supply, having started work there just before the fatal accident.
According to the inspection report, O'Blenes worked in the pit and drove the dump truck to pick up and deliver loads.
He did not work for the construction business.
The other three listed employees,
Allard was listed as "pit support" on the Middle Road Supply business card, clearly demonstrating that he was an employee of the business, Becker concluded.
The other violations were two regarding workers compensation insurance, two on the posting of records, two on wage and hour reports and seven violations for the employment of workers who weren't properly documented.
Holmberg told labor officials there were no written or verbal contracts with anyone who did work for the companies.
"The employer has misrepresented the relationship between the employer and the persons providing services for the benefit of the employer," Becker added in her report.
In June, a state commercial vehicle examiner found the brakes on the dump truck involved in the fatal wreck were out of adjustment and had rusted.
A post-crash inspection report reveals that two out of six brakes on the truck were in such poor condition that it would have been declared unable to be legally driven had it been stopped by a trooper with the Motor Carrier Enforcement Unit.
Union Leader Correspondent
Business Public Safety Tuftonboro
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