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03/24/2011 11:26 AM

Companies fined for 21 Rio deaths escape with lowered penalties

By: Heidi Zhou-Castro

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Almost two years have passed since the scaffolding at the 21 Rio condo project in Austin's West Campus neighborhood collapsed.

Three workers, none older than the age of 30, fell to their deaths. The Occupational Safety and Health Administration cited four companies for violating safety laws in the incident.

To this day, none of the companies have paid their proposed penalties in full.

Public records show Florida-based Capoera Construction is one contractor that has yet to pay a penny. According to Steve Pastrana, an attorney representing the families of the fallen workers, Capoera's owners vanished.

"After this accident occurred, they pretty much disappeared," he said.

That's made it impossible for Pastrana to bring a suit against Capoera. It also made it impossible for OSHA to collect $36,000 in fines. A spokesperson for the agency said attempts to contact the business or representatives have failed and the case is now in debt collection.

There are also companies that OSHA could have tried to collect the full amount from, but chose not to.

Public records show the proposed penalty against Greater Metroplex Interiors, or GMI, started at $22,400. However, after a closed-door meeting with GMI's representatives, the area director of OSHA's Austin office lowered the fine to $16,800.

Similarly for Andres Construction, the original fine of $14,000 was lowered to $10,500.

OSHA could not immediately provide a person knowledgeable of the meetings to answer questions, but according to public records, so-called "informal settlements" are common.
Pastrana said he's concerned about the meetings' lack of transparency.

"It usually never, unfortunately, sees the light of day," he said.

Public records also show GMI was a repeat offender for failing to provide fall protection, the violation that contributed to the 21 Rio deaths.

The company got in trouble in January 2008 and again in February of that year. Then less than three months after the 21 Rio accident in June 2009, the company was cited a fourth time for the same violation.

A representative for GMI declined an interview.

Messages left for Andres Construction were unreturned as of press time.

Worker Filemon Salaz was supposed to be on the scaffolding that collapsed at 21 Rio, but he was sick the day of the accident.

"They don't care about our safety," he said. "They just care about finishing the job."

The fourth company to be cited by OSHA was American Mast Climbers. Records show the proposed penalty of $86,800 was not collected because the company has chosen to appeal.

Meanwhile, American Mast Climbers operates without restrictions.