Fallout from Fatal New York City Crane Collapse

The Occupational Safety & Health Administration (OSHA) has decided to fine three contractors a total of $313,500 for their part in a March midtown Manhattan tower crane collapse that resulted in seven deaths. The collapse affected a two-block long section of the Turtle Bay neighborhood, and in addition to the deaths also resulted in two dozen injuries. According to Edwin G. Foulke Jr., the assistant secretary of labor for OSHA, “This case illustrates in stark terms that failure to follow required procedures can have wide-ranging and catastrophic consequences.”

Building construction accidents and specifically crane related accidents have been such a serious issue for New York City that the Commissioner of the Buildings Department, Patricia J. Lancaster, resigned in April. At the time of her resignation, there had already been 13 deaths at construction sites across the city compared to 12 deaths during all of the previous year. The Commissioner’s resignation came after she admitted that the department had mistakenly issued permits for the East Side building where the aforementioned crane collapse occurred.

The following firms were cited by OSHA:

Rapetti Rigging Services Inc.

• The crane's erector
• Cited for three willful citations (the most serious kind of citation issued by OSHA) with penalties totaling $210,000 and five serious citations with $10,000 in proposed fines for a total of $220,000
• The willful citations were received for allegedly failing, among other things, to comply with the crane manufacturer's specifications and limitations when erecting and raising the tower crane, to protect synthetic rigging slings from damage, to inspect the slings for damage or defects before use, and to remove a defective sling from service.
• The serious citations were for fall hazards, as the employees working on and around the crane lacked proper fall protection.
• The company has stated that they will fight the OSHA citations

Reliance Construction Group

• The project's general contractor
• 11 citations totaling $19,500 in proposed penalties
• The citations allege failure to train employees in jobsite hazards, unsafe work area debris, fire hazards, fall hazards, and hazards created by the eccentric loading of concrete shoring and formwork.

Joy Contractors Inc.

• The project's concrete and superstructure contractor
• Issued one repeat and 14 serious citations worth $74,000
• The repeat citation alleges the lack of fall protection for employees working 180 feet above the ground.
• The serious citations allege failure to train employees in jobsite hazards, unsafe work area debris, fire hazards, fall hazards, unsafe material storage, and hazards created by the eccentric loading of concrete shoring and formwork.

There is no excuse for willful violations of building codes and laws. Companies that do not put the safety of their workers first deserve to be held accountable for their negligence. If you have a New York workers’ compensation claim that you’d like help with, please contact the law offices of Markhoff & Mittman. Our attorneys can help you receive the assistance that you need.

Markhoff & Mittman, P.C.

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