Workplace safety group says UPS failed to report Marlborough crash that killed driver

MARLBOROUGH, Mass. — A non-profit organization that advocates for workplace safety said UPS failed to report a crash that claimed the life of an employee.

Marc Gautreau, 51, died on October 3 after being hit by an SUV on Route 20 in Marlboro. According to Teamsters Local 25, of which Gautreau was a member, he was on the job and outside of his truck at the time of the crash.

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The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) released a statement Wednesday, claiming UPS didn't notify the Occupational Safety and Health Administration (OSHA) of Gautreau's death.

"Like all private sector employees, UPS is required to report employee fatalities to OSHA," read a statement from MassCOSH, a social services organization. "A MassCOSH investigation confirmed that UPS did not report Gautreau's fatal injuries sustained on the job to the proper authorities, a potential violation that could result in fines to UPS."

However, a UPS spokesperson disputed the claim.

"We are deeply saddened by the loss of Marc, and we are fully cooperating with OSHA's investigation of the incident," the spokesperson said in a statement to Boston 25 News. "UPS has complied with all applicable OSHA guidelines, and we have provided OSHA with the documentation that they have requested as part of their investigation. Allegations that UPS is not fully complying with OSHA guidelines are simply untrue."

The spokesperson highlighted OSHA Rule 1904.39(b)(3), which states, in part, "If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, inpatient hospitalization, amputation, or loss of an eye to OSHA. However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records."

A spokesperson for the U.S. Department of Labor confirmed OSHA's office in Andover opened an inspection with UPS on October 24 in response to the death of a UPS driver who was struck and killed while crossing a state road on October 3. According to the spokesperson, OSHA has six months to complete the investigation and doesn't normally comment on open inspections.

"Our thoughts and prayers are with the family of Marc, and we would like them to know we are here for them during this difficult time and have supportive services that they may find helpful," MassCOSH Executive Director Jodi Sugerman-Brozan said. "Failing to report what happened to Marc to OSHA is a clear violation and shows a real lack of respect for Marc and his loved ones. With transportation-related occupations fraught with danger, it is upsetting to see UPS fail to live up to their responsibilities to protect and respect their employees."

Gautreau's obituary stated he was a Pepperell resident who started his career with UPS in 2002 as a package sorter. He later moved on to become a supervisor and eventually would work in the field as a package carrier throughout Massachusetts.

"Working for UPS was a job he truly loved," Gautreau's obituary added. "He loved this job because it enabled him to interact with the customers. Marc was always wanting to be helpful to anyone in need, to be a friend to everyone he met and to always share a story and a smile with his customers along his route. He had a generous spirit and would give of himself in any way possible."

The Middlesex County District Attorney's office hasn't said if any charges will be filed against the driver who hit and killed Gautreau.