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OSHA issues citations, proposed penalties in construction accident

by JIM BERGAMO / KVUE NEWS

Bio | Email | Follow: @JimB_KVUE

kvue.com

Posted on December 16, 2009 at 8:59 PM

Updated Wednesday, Dec 16 at 10:24 PM

It's been 6-months since the workers fell eleven stories to their deaths here at the 21 Rio Apartment Complex.

Wednesday night they were remembered by fellow workers as well as the Federal Occupational Safety and Health Administration (OSHA).

The candles on this cold Austin night were not to provide light in the darkness, but to continue to shine light on a dark moment.

"I am sad because just think about it three had to die people to make other people aware of what is going on," said Jaime Moreno, a construction worker.

June 10 at the 21 Rio construction site, three workers fell more than 100 feet to their deaths when the scaffolding they were on failed and broke apart.

"Just think about it, I am going to go to work and I am not going to come back to my house to my family, it makes me really, really angry and sad, sad at the same time because it is just not right," Moreno said.

The U.S. Department of Labor's Occupational Safety and Health Administration, or OSHA, issued citations and proposed penalties against the four construction companies working on the site.

"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 said in a statement released by the OSHA in Austin.

OSHA has cited Mast Climber Manufacturing with  eight serious violations -- including failing to provide scaffolding capable of supporting 4-times the maximum load.

Florida-based Capoera Construction was cited with three serious violations -- including failing to provide a competent person to inspect the scaffold prior to use.

Both Andres Construction Services and Greater Metroplex Interiors were each cited with four serious violations --including failing to provide adequate fall protection systems on scaffolds. 

While those at the vigil are encouraged by OSHA's findings, the altars adorned with construction boots, crosses, hardhats and flowers made it clear that no amount of fines or penalties will bring back those who lost their lives on that summer day.

"We want to make sure that their deaths are not in vain, that their deaths are not forgotten and that it leads the way for change in this industry and that we can really prevent these sort of things from happening in the future," said Emily Timm, the acting Director of the Workers Defense Project.

In all the four construction companies face nearly $160,000 in possible fines from OSHA.

We reached three of the companies, but none have responded to our request for an interview or statement.
 

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