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12/16/2009 04:34 PM

Construction companies cited for violations in 3 deaths

By: News 8 Austin Staff

Four construction companies face citations for safety violations in the June construction accident that left three dead.

OSHA Proposals

To view OSHA's news release, click the link.
On June 10, Wilson Joel Irias Cerritos, Raudel Ramirez Camacho and Jesus Angel Lopez Perez fell 11 stories after the scaffolding broke at a construction site, located on Rio Grande and 21st streets.

The U.S. Department of Labor's Occupational Safety and Health Administration is proposing the penalties, which total $159,600.

"If scaffolding parts had been inspected and replaced or repaired as needed, it is possible that this tragic accident and loss of life could have been avoided," Eric Harbin, OSHA's area director in Austin, said in a statement.

According to OSHA, general contractor Andres Construction Services LLC and three other companies face multiple citations, ranging from failing to provide adequate training to failing to inspect and maintain scaffolds.

Margate, Fla.-based Capoera Construction LLC was cited with three serious violations, including failing to develop and implement a safety and health program, and failing to provide a competent person to inspect the scaffold prior to use,according to OSHA. Those penalties total $36,400.

OSHA Violations

• A "willful violation" is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health. • A "serious violation" is one that could cause death or physical harm that can result from a hazard an employer knew or should have known exists and a repeat violation is issued when an employer previously was cited for the same or similar hazard within the last three years. SOURCE: OSHA
OSHA cited the owner and installer of the scaffolding system, Mast Climber Manufacturing Inc., doing business as American Mast Climbers, with eight serious violations, including "willful citation for not having scaffolds designed by a qualified person and constructing and loading the scaffold in accordance with that design," according to OSHA. Those proposed penalties total $86,800.

Andres Construction, the general contractor, and Greater Metroplex Interiors Inc., the prime contractor for the building exterior, were each cited with "four serious violations for failing to have scaffolding and its components inspected by a competent person, failing to provide adequate fall protection systems on scaffolds, and failing to train employees on the use of scaffolding systems."

Proposed penalties for Andres Construction Services total $14,000 and proposed penalties for Greater Metroplex Interiors total $22,400, according to OSHA.

The companies have a right to contest the citations.

A representative with the Workers Defense Project called the citations significant, saying they send the message that safety is everyone's responsibility.

A vigil is being held for the workers Wednesday night at the site of the accident, at 2101 Rio Grande in Austin, at 7 p.m.