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OPA News Release: [04/08/2002] Contact Name: Sue
Hensley
Fatal Scaffolding Accident Brings $159,350 in Fines for
Three New York Contractors
WASHINGTONImproperly erected scaffolding and failure to
train workers on the hazards of working with scaffolding which resulted in the
deaths of five workers and injuries to ten more on October 24, 2001, has
resulted in citations against three New York contractorsNesa, Inc,
Tri-State Scaffolding & Equipment Supplies, Inc., and New Millennium
Restoration & Contracting Corp.and $159,350 in penalties, according
to the U.S. Labor Departments Occupational Safety and Health
Administration.
Aggressive action is necessary against employers who willfully
disregard worker protections. This case resulted in the deaths of innocent
workers, said U.S. Secretary of Labor Elaine L. Chao. These
penalties should serve as notice to Nesa, Inc., Tri-State Scaffolding, and New
Millennium Restoration to take immediate corrective action to ensure that no
such tragedy occurs again under their supervision.
The scaffolding accident took place at 210 Park Avenue South in
Manhattan, at a building that was undergoing restoration. Nesa, Inc. was the
general contractor on the project; Tri-State Scaffolding was hired by Nesa,
Inc. to build the scaffolding; and New Millennium was hired by a DPA, a
subcontractor of Nesa, Inc., to perform the demolition and restoration work.
The scaffolding, approximately 160 feet high from bottom baseplate to the top,
collapsed at approximately 4:00 p.m. on October 24, killing five employees and
injuring ten more. Approximately 300 police and fire rescuers responded to the
collapse. Killed in the accident were Manuel Barrariso, 40; Ivan Pillacela, 30;
Efrain Gonzalez, 26; Donato Conde, 19; and Cesar F. Tenesaca, 25.
Employers should take this enforcement action as a clear
indication that OSHA remains committed to vigorous enforcement of construction
safety standards, said Assistant Secretary of Occupational Safety and
Health John L. Henshaw. The tragic deaths of these workers show us that
some workplaces still remain are dangerous and unsafe, including places where
Hispanic and other immigrant workers are employed. We are committed to assuring
that all workers are provided safety and health protections.
OSHA has proposed two alleged willful and four alleged serious citations
for Tri-State Scaffolding, with a proposed penalty of $146,600, for erection of
a scaffold that violated scaffold safety rules; for erecting a scaffold not
designed by a professional engineer; and other violations of scaffolding and
worker protection rules. Serious citations, with a proposed penalty of $9,750,
have been proposed for New Millennium Restoration, including failure to train
employees on various hazards, failure to require personal protective equipment,
and other violations of safety and health protections. Serious citations with a
proposed penalty of $3,000 have also been proposed against Nesa, Inc., for not
providing falling object protection and failure to brace scaffold frames.
OSHA defines a willful violation as one committed with an intentional
disregard of, or plain indifference to, the requirements of the Occupational
Safety and Health Act. A serious violation is one where there is a substantial
probability that death or serious harm could result and the employer knew, or
should have known, of the hazard. The employers have 15 working days to contest
OSHAs citations and proposed penalties.
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