PGHIMC - Pittsburgh Independent Media Center

Two Constructions Death in less than 1 year; $53,00 fine levied
by Donna Puleio Spadaro, MD Friday, Feb. 28, 2003 at 5:06 PM
dspadaro@usachoice.net (email address validated) 8144325450 1339 Liberty St Franklin PA 16323

Editorial: Two fatal falls occurred in less than 1 year at the Allegheny Energy Supply construction project. Perhaps if a more thorough investigation and a more significant fine had been issued by OSHA after the first death, instead of the inconsequential $7200 that was, maybe increased attention and diligence to safety issues may have averted the second death.

The article “Firm to pay $53,000 in construction death”, Post-Gazette 2/27/03, raises several questions concerning the OSHA investigation of fatalities. I have developed a personal interest in this topic ever since my brother, Gary Puleio, fell to his death from a concrete tower at Meadville Redi-Mix on 8/15/01. In his case, OSHA accepted the egregious, implausible claim that my brother just “wandered up there on his own, unassigned”. After admitting NO WRONGDOING, Redi-Mix paid an inconsequential fine of $6000 for a repeat offense.

This article states that 2 deaths occurred in less than a year at the Allegheny Energy Supply construction project. Although Hamon Custodis, the contractor, “agreed” to pay $53, 000 for the second death, a fine of only $ 7200 had been issued after the first death.

What was the company cited for after the first death? Did the company “negotiate” with OSHA after the first death to get the citations and fines reduced? Did the company accept any “wrongdoing” after the first death? Was there a history of “repeat offenses” with this company?

OSHA fines are not issued as punishments and no amount of money can ever compensate for the loss of life. However the issuance of trivial fines and citations that understate the problem, results in neither accountability nor acknowledgement by the offending company and no increased attention and diligence to safety issues that could avert further tragedies.

Although corporations may “negotiate” with OSHA to have citations reclassified and fines reduced, injured workers and the families of those killed on the job have no such access, despite the fact it is their tax dollars which fund OSHA. If OSHA investigations are to have any validity this imbalance must be corrected.

Donna Puleio Spadaro, MD
Franklin, PA 16323
Work 814-437-7891

ARTICLE FROM POST GAZETTE 2/27/03 FOLLOWS BELOW:

Firm to pay $53,000 in construction deathFine levied in fatal fall at Springdale siteThursday, February 27, 2003By Jim McKay, Post-Gazette Staff WriterA New Jersey contractor has agreed to pay a $53,000 fine for safety violations related to the death in August of a construction worker who fell 100 feet from a chimney at a power plant construction project in Springdale Borough. Hamon Custodis of Somerville, N.J., also agreed to upgrade its safety program on future jobs as part of its settlement with the U.S. Occupational Safety and Health Administration. Ronald Bush, 46, of Grayson, Ky., died after falling inside a silo at the Allegheny Energy Supply electric generating facility. He was installing metal grating on a 400-foot-high landing when he fell to a second landing 100 feet below. It was the second fatal fall at the site in less than a year. Chris Beabout, a 36-year-old carpenter from Washington, Pa., died in November 2001 while working on a platform inside the same silo. OSHA fined Hamon Custodis $7,200 for that accident, in which Beabout apparently stepped back and fell 290 feet. Bush's accident occurred when he and another worker were moving a 20-foot-long, 150-pound sheet of decking and he stepped on a triangular shaped plywood cover that had been placed over a hole. OSHA said the cover was not secured and dislodged, apparently causing the fall. The government cited the company for a raft of violations including failure to properly mark and secure the hole covers and failure to provide employees with fall protection and training. Robert Szymanski, the area OSHA director in Pittsburgh, called the fine "fairly substantial" and said the company agreed to significant safety changes that include providing workers with fall-protection equipment when working 6 feet or higher above ground. Hamon Custodis agreed as part of the settlement to provide a full-time safety officer for any future projects involving the erection or construction of new concrete chimneys. It also promised to do regular training and safety audits. Hamon Custodis Chief Executive Officer Jonathan Lagarenne, who described the accident as "shocking" when it occurred, said the OSHA settlement "focuses on safety enhancements," some of which have already been implemented. The chimney where the two men fell is part of a 540-megawatt power plant that will use three generators, two powered by natural gas and a third powered by steam byproducts. Most of the construction has been completed,,and the plant could be operating by summer, Allegheny Energy spokeswoman Janice Lantz said. Jim McKay can be reached at jmckay@post-gazette.com or 412-263-1322.

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