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OSHA News Release
2004 - 04/29/2004 - OSHA Cites Inadequate Structural Support at Tropicana Garage After Fatal Collapse

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Region 2 News Release:     USDL 04-770-NEW
Thursday, April 29, 2004
Contact: Kate Dugan
Office: (215) 861-5101


OSHA Cites Inadequate Structural Support at Tropicana Garage After Fatal Collapse
Contractors Fined More Than $119,000

MARLTON, N.J. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today issued citations to four contractors building the ten-story parking garage at the Tropicana Casino and Resort in Atlantic City, N.J., following an investigation of the Oct. 30, 2003 garage collapse that killed four workers and injured 21.

Fabi Construction Inc., Egg Harbor Township, N.J.; Keating Building Corporation, Philadelphia, Pa.; Mitchell Bar Placement Inc., Sewell, N.J. and Site Blauvelt Engineers, Mt. Laurel, N.J. were fined a total of $119,500.

OSHA's investigation identified one alleged willful and eight serious violations of safety standards. The willful citation, with the maximum penalty of $70,000, was issued to concrete contractor Fabi Construction for failure to erect, support and maintain formwork capable of supporting, without failure, all possible vertical and lateral loads. Other violations cited include incorrect installation of reinforcing steel and shoring deficiencies.

OSHA issues a willful citation when an employer has shown an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The investigation was conducted by OSHA's Marlton office. The companies have 15 working days to contest the OSHA citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

The Labor Department's Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and promoting the health and safety of America's workers. In fiscal year 2002, the most recent year for which data have been published, there was a 6.6 percent decline in work-related fatalities in the U.S. For more information visit www.osha.gov.


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Violation Summary Attached

Tropicana Parking Garage Investigation
Violation Summary

  Violation Description Penalty
Fabi Construction Willful Formwork not erected, supported, braced and maintained so that it would be capable of supporting without failure all vertical and lateral loads that may reasonably be anticipated to be applied to the formwork. $70,000
Fabi Construction Serious Reinforcing Steel was not properly installed to allow floors to be secured to columns and sheer wall. $7,000
Fabi Construction Serious Shoring plans were not available $7,000
Fabi Construction Serious No inspections of shoring and re-shoring prior to and during concrete pour. $7,000
Fabi Construction Serious Shore heads not in firm contact with foundations and forms. $5,000
Fabi Construction Serious Proper test not performed to determine if concrete gained sufficient strength. $2,500
Keating Building Construction Serious Formwork not erected, supported, braced and maintained so that it would be capable of supporting without failure all vertical and lateral loads that may reasonably be anticipated to be applied to the formwork. $7,000
Mitchell Bar Placement Serious Reinforcing steel and welded wire mesh not properly installed to allow floors to be secured to columns and sheer wall $7,000
Site Blauvelt Engineers Serious Inspectors did not ensure that reinforcing steel was installed properly $7,000


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