Region 4 News Release:   USDOL: 01-63
Mon., April 9, 2001
Contact: Lawrence J. Falck
Phone: (813) 626-1177

OSHA FINES TWO FLORIDA CONTRACTORS MORE THAN $110,000 FOLLOWING FATAL PORT RICHEY ACCIDENT

The U.S. Labor Department's Occupational Safety and Health Administration has cited Brooksville Crane Service, Inc., and Chuck Evans, Inc., for willful and serious safety violations and proposed penalties totaling $110,250 after investigating a fatal accident at a residential construction site in Port Richey, Fla.

A worker, employed by framing contractor Chuck Evans, Inc., was killed on Oct. 9, 2000 when a beam being lifted by a crane shifted and struck him in the head.

Following an investigation of the accident, OSHA cited both Chuck Evans, Inc., and Brooksville Crane Service, Inc., the owner/operator of the crane used to lift and place structural parts during construction of the private residence.

Brooksville Crane Service received one willful citation with a $70,000 penalty for making structural changes to the crane without checking manufacturer's specifications or limitations or consulting a qualified engineer.

"This company created the hazard responsible for the accident through its indifference to worker safety," said Lawrence Falck, OSHA's Tampa area director. "Despite full knowledge of requirements to follow manufacturer's specifications, this employer increased the radius and weight capacity of the crane beyond the maximum recommended for safe handling."

Falck continued, "As a result of overloading the crane, its hydraulic system failed which allowed the load to shift and strike an employee. Had the company followed the manufacturer's specifications or contacted a qualified engineer to determine potential consequences, this accident could have been avoided."

Nine serious citations against Brooksville Crane resulted in additional penalties of $35,350. The serious violations included:

Falck said, "Just as Brooksville Crane's action created a hazardous situation, Chuck Evans, Inc.'s failure to act placed employees in harm's way."

The company was cited for two serious violations with a penalty of $4,900 for failing to provide protective helmets to workers in areas with overhead hazards and not removing the crane's synthetic web slings from service when they showed signs of such excessive cuts and abrasions that the red safety warning strand was visible.

OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the OSH Act and regulations.

A serious violation is one in which there is a substantial probability that death or serious physical harm could result and that the employer knew or should have known of the hazard.

Each of the cited companies has 15 working days to contest OSHA citations and proposed penalties before the independent Occupational Safety and Health Review Board. Brooksville Crane Service, located in Brooksville, Fla., employs four workers, one of whom was at the Port Richey worksite; Hudson, Fla.-based Chuck Evans, Inc., had all six of its workers on-site at the time of the accident.

Inspection of the worksite was conducted by OSHA's Tampa area office located at 5807 Breckenridge Parkway, Suite A, Tampa, Fla. 33610; telephone: (813) 626-1177.