Tuesday, August 23, 2016

Worker with Control Electrical Contracting Corp. sues the Port Authority for negligence after he was severely burned by electricity while installing a swith at the Teleport in Staten Island, NY






Juan Garcia as seen in the hospital after being shocked by electricity while working at the Teleport on Jan. 5, 2016 (Photo courtesy of Anthony Mascolo)
Frank Donnelly | fdonnelly@siadvance.com

  Frank Donnelly | fdonnelly@siadvance.com
   updated August 20, 2016 at 1:08 PM


STATEN ISLAND, N.Y. -- Severely burned when he was shocked by electricity while installing a switch at the Teleport in Bloomfield earlier this year, a New Dorp man is creating a few sparks of his own.

Juan Garcia has sued the Port Authority and others for negligence over the Jan. 5 incident.

Garcia, 31, an employee of Control Electrical Contracting Corp. in Stapleton, alleges the defendants created an unsafe work place by allowing charged wires to be present in the area where he was working.

The wires should not have been charged contends Garcia's civil complaint, which also alleges he was not provided "suitable and proper equipment."

Anthony Mascolo, Garcia's lawyer, said his client's company was helping perform renovations in a building at 2 Teleport Drive.

After the incident, a Port Authority spokesman told the Advance Garcia was burned by a junction box.

Mascolo said Garcia has undergone several operations for skin grafts and may need more surgery.

Garcia is heavily scarred on the side of his face, upper torso and arms, said the lawyer.

"Functionally, he's not anywhere near 100 percent," said Mascolo, a partner in the Great Kills firm of Bosco and Mascolo. "He wants to return to work, but he can't. It's been a slow process."

The lawyer said his client may never be able to work again in the same capacity.

While initially in the hospital, Garcia was completely bandaged around his arms, head, chest and face, said Mascolo. He couldn't speak then and communicated by nodding his head.

The suit, filed in state Supreme Court, St. George, seeks unspecified monetary damages.

Besides the Port Authority, it names the Corporate Commons of Staten Island and the Nicotra Group as defendants.

Garcia's civil complaint identifies all the defendants as owners and operators of the premises. It also alleges the Nicotra Group was the general contractor.

Control Electrical is not a named defendant, but was cited on June 29 by the federal Occupational Safety and Health Administration for three serious violations of workplace safety standards.

OSHA, which investigated the incident, has proposed $14,700 in penalties.

Control Electrical is contesting the violations and penalties, said an OSHA spokesman.

A Control Electrical official could not immediately be reached for comment.

The OSHA violations report said Garcia was shocked while installing a relocated fusible switch on an energized duct.

The switch was incorrectly wired, the report said.

The violations also allege Control Electrical exposed Garcia to electrical shock and flash hazards by permitting him to work on an energized power circuit "when it was not de-energized, grounded or effectively guarded by insulation or other means."

The company also failed to provide Garcia with protective equipment for his eyes, face, head and extremities, OSHA maintains.

A Port Authority spokesman said the agency is aware of the lawsuit but doesn't comment on pending litigation.

A Nicotra Group spokeswoman said the company does not discuss matters that are before the court.


Electrical Energy Awareness

Severe electrical burns sustained by this young electrician is an example of "lots of electrical energy and force" expelled to an unsuspecting qualified electrician. Short circuit fault current turns to disaster if not properly limited when an unfortunate act is made. This was a business park area and the "junction box" was not described. 


Was it a feeder pillar or a simple weatherproof box on a tree for lighting lighting use? Although it does not really matter, outdoor electrical posts, pillars and boxes can all have high fault levels and damaging short circuit energy. HRC back-up fuses can limit fault current levels and possibly a life-long injury.

The correct design and application of outdoor electrical equipment is an important factor in parks and grassy areas used by the general public. Always limit such energy when mishaps occur.


The 8 Troubleshooting Steps a Certified Electrician Does Every Time

1. Read and understand every word on the arc flash label.
2. Ensure you have the correct level of PPE, based on the label's information or NFPA 70E Tables.
  
3. Think about where the upstream protective device is and how far away it might be. The farther away, the longer it will take to clear.
4. Note what the end load is and if it is a motor. Motors can increase the incident energy.
5. Choose the appropriate Class of insulated gloves and do a field inspection of the insulated gloves, glove protectors, and your arc-rated PPE for any damage.
6. Visually inspect the insulated tools for wear or damage.
7. Visually and physically inspect your testing instruments for damage and proper function (a known live circuit, then a known dead circuit, then live once more).
8. Last, establish the protective boundaries and don the PPE.