MEC&F Expert Engineers

Saturday, May 13, 2017

Summit Contracting Group, owned by Marc and Nicole Padgett, the contractor overseeing site of deadly Jacksonville accident has been hit with OSHA violations before


Jacksonville police said two construction workers were loading supplies into a third-story window from a wooden crate hoisted by this lift Thursday afternoon when the crate fell, pulling the workers down with it. It’s not clear if they were wearing harnesses. (Garrett Pelican/Florida Times-Union)





Marc and Nicole Padgett, Summit’s owners

One worker died and another was critically injured Thursday after a three-story fall at a construction site near Myrtle Avenue and West 16th Street, authorities said.


The accident occurred about 11:50 a.m. at the Mary Eaves apartment complex under construction in the 1200 block of West 16th Street. 


The project is constructed by The Vestcor Companies, Inc. along with their partners, Summit Contracting Group, the general contractor on the 16th Street construction project.

 
The men were working out of a wooden crate perched atop a hydraulic lift, loading doors into a third-story window, according to the Jacksonville Sheriff’s Office.

The pair fell when the crate they were using as a platform tipped over and came crashing to the ground, said Sgt. David Smith. It’s unclear if the workers were strapped into harnesses.

“It came loose from the lift and fell to the ground, taking them with it,” Smith said.

Paramedics pronounced one worker dead at the scene, Smith said. Another was taken to the hospital with life-threatening injuries.

The names of the victims were not immediately released because families have not yet been notified. Smith described them as being in their 40s and 30s.

The Occupational Safety and Health Administration is investigating the incident. Bud Underwood, assistant area director for OSHA, said two compliance officers were onsite for hours documenting what took place.

“They’re doing interviews and gathering folks up, trying to figure out what the hell went wrong,” Underwood said.

The fall comes the same week as OSHA’s National Safety Stand-Down to Prevent Falls in Construction. The initiative is marked by voluntary events for employers to educate and have dialogue with employees about workplace hazards, prevention methods and safety policies.

Workplace falls are a leading cause of death for construction employees, making up 350 of the 937 construction fatalities nationwide in 2015, according to data compiled by the Bureau of Labor Statistics. Florida has the second-highest fatality rate in the country for workplace accidents.

“This young man didn’t deserve what happened today,” Underwood said. “We need to do better.”

The Northeast Florida Safety Council, a nonprofit that offers occupational safety classes free of charge, had an open demonstration of fall protection devices and practices Thursday morning. Organizers said the turnout was underwhelming.

Roughly a dozen people took part. No one from Summit Contracting Group, the general contractor on the 16th Street construction project, was in attendance, according to the safety council.

“You’d think people would be lined up to attend, especially because it’s free,” said Bruce Press, the nonprofit’s member services representative.

Based on news coverage of the incident he had seen, Press expressed outrage at the death that he called “absolutely preventable.”

“There’s nothing about what they did that was remotely acceptable or correct,” he said. “If they had just used the right equipment, the right safety practices, this would not have happened.”

Marc and Nicole Padgett, Summit’s owners, offered condolences to the men’s loved ones when reached by phone but said none of the firm’s employees were involved. They said the men were hired by a subcontractor but did not say which one.

“Our hearts go out to the families,” Nicole Padgett said. 





Mary Eaves Apartments in Jacksonville, FL is a senior living community that will consist of 80 units in 1 building and will be 81,867 square feet.

The partners include Summit Contracting Group, Inc., Vestcor, PQH Group Design Inc., and several Subcontractors.






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Summit Contracting Group, the contractor overseeing site of deadly Jacksonville accident has been hit with OSHA violations before


by: Lorena Inclan, Action News Jax Updated: May 12, 2017 - 10:31 PM



JACKSONVILLE, Fla. - A man believed to be in his 40s is dead after a workplace accident at a construction site in Durkeeville on West 16th Street.

A 30-year-old man was also injured after falling on his back at the same site Thursday.

Charlie McCloud, who lives next door to the construction zone, said he was sitting on his porch when it happened.

“It was all quiet, next thing you know you hear -- I won't say a loud boom -- more like a popping sound,” McCloud said.

This police report shows one worker died at the scene and the other was transported to UF Health.

“I knew it was coming from this direction. Then I went to the store like an hour later, they had it all roped off and stuff,” McCloud said.

Sky Action News Jax captured exclusive aerial video of JSO at the construction site which is the future Mary Eaves Apartments location.

The employees involved in the accident were working for M & R Construction, who is a subcontractor to Building Materials and Construction Services.

According to the police report, the company overseeing the project, Summit Contracting Group, has been cited by OSHA in the past.

It’s most recent citation is from February of last year which found employees were exposed to fall hazards.

OSHA is now investigating Thursday afternoon’s incident.

Action News Jax tried calling M & R Construction but no one answered. A short time later, someone called reporter Lorena Inclan back and as soon as she introduced herself, the caller hung up.

Summit Contracting Group’s Chief Administrative Officer, Nicole Padgett, sent Action News Jax the following statement:

“Summit Contracting Group, Inc. sends its deepest condolences to the family that lost a loved one in the tragic accident yesterday, and our thoughts and prayers for a speedy recovery to the worker who was injured. The two workers were employed by M&R Construction, LLC, who is a subcontractor to Building Materials and Construction Services.

"OSHA is currently investigating the accident and Summit is providing OSHA with all requested information necessary for OSHA to complete its investigation. Summit has no further comment on this active OSHA investigation other than to reiterate our commitment to job site safety, including our commitment to fully cooperate with the OSHA investigation.”

Whirlpool Corp., Sauder Woodworking Co. and Salenbien Trucking and Excavating Inc. fined a combined $69,000 by OSHA for numerous safety violations








Two well-known northwest Ohio manufacturers and an excavating firm based in Michigan were fined a combined $69,000 for safety violations found at their work sites by federal inspectors this year.

Whirlpool Corp., which is based in Benton Harbor, Mich., was fined $19,918 after inspectors from the U.S. Occupational Safety and Health Administration found two “serious” category violations at the company’s washing machine plant in Clyde, Ohio. The violations involved employees injured while attempting to adjust a robot attached to a plastic injection molding machine.

Sauder Woodworking Co. of Archbold was fined $19,918 after inspectors found three “serious” violations. The citations said the area around a stainless steel roller where it meets a second rubber roller to coat wooden panels was not properly guarded and exposed employees to rotating parts, flying chips, and sparks. Also, a citation said the machine was not properly cut off from power prior to cleaning.

Salenbien Trucking and Excavating Inc., of Dundee, was fined $29,280 after inspectors found a “serious” category violation and a “repeat” violation at a company work site in Delta, Ohio. The repeat citation was for not protecting an employee from an excavation cave-in while installing a 24-inch sanitary sewer line in a 17-foot deep trench. Employees entering the trench were exposed to 7 feet of material collapsing above the trench box, OSHA said. The firm was cited for the same problem in 2016 at a site in North Baltimore, Ohio.

The companies can contest the fines and citations.

Hultgren Construction that was remodeling the Copper Lounge building in Sioux Falls, SD when it collapsed and killed Ethan McMahon will contest nearly $200,000 in fines and two dozen violations.





 Ethan McMahon, dead




SIOUX FALLS, SD:


Hultgren Construction that was remodeling the Copper Lounge building when it collapsed Dec. 2 will contest nearly $200,000 in fines and two dozen violations.

Aaron Hultgren, the president of Hultgren Construction, confirmed that his company will contest the violations issued in two batches by the Occupational Safety and Health Administration. Hultgren would not say why his company was contesting the fines.

Workers with the company were removing a load-bearing wall between the Copper Lounge and the old Skelly's Bar when the collapse occurred. The accident killed Ethan McMahon, a 24-year-old who worked for the company, and left Emily Fodness, an upstairs resident in the building, trapped in rubble for three hours.

OSHA issued two sets of violations last month, finding 21 serious violations and two willful violations leading to the accident and the death of McMahon. The Command Center, a temporary agency that supplied workers to the project, was also cited and fined.

Hultgren had until Friday to contest the first set of violations and until May 24 to contest the second set.

"Hultgren Construction is contesting both citations, including the proposed penalties," Hultgren said in an email.









Old male car driver killed in fiery head-on crash after he crossed over the median and slammed head on into a box truck on I-5 in Washington State






NEAR BURLINGTON, Wash. - A deadly crash shut down part of northbound Interstate 5, north of Burlington Friday evening.

The State Patrol said the crash happened around 5:20 p.m. near the Bow Hill Road exit.

Witnesses told them a car headed southbound crossed over the median and slammed head on into a box truck that was headed northbound.

The car and truck were also on fire, but it's unclear when the fire started and what caused the driver to cross the median. The driver of the car, an 86-year-old man, died at the scene. 


The crash blocked all lanes of northbound I-5 for more than an hour. Troopers eventually opened the right, northbound lane to traffic around 6:30 p.m. Both lanes were back open around 8:00 p.m.

Criminal charges filed against Thomas Aaron Blythe owner of Five Star Plastering, Inc. for violating scaffolding laws near high voltage power lines that killed one employee, Daniel Pohl, 23, and injured another at Mission Viejo High School.












Nearly three years after a worker was electrocuted while erecting scaffolding on a football field at Mission Viejo High School, a company and three of its supervisors have been charged with violating safety laws.

Daniel Pohl, 23, of Apple Valley was erecting scaffolding for a banner supporting the school’s football team on July 17, 2014 when he came into contact with high-voltage power lines and was killed instantly. Another worker, who rushed to Pohl’s aid, sustained serious, permanent injuries from the power line, authorities said.

Freshman players and parents at a nearby baseball game saw the accident.

Pohl and the other man were working for Five Star Plastering, owned by Thomas Aaron Blythe, 46, of Rancho Santa Margarita, who also served as the vice president of Mission Viejo High’s booster club, authorities said.

On Thursday, the Orange Orange County District Attorney’s Office announced criminal charges filed against Blythe, his company and two of his employees: John Lawrence Alberts, 57, of Apple Valley, and Timothy Scott Gordon, 52, of Lake Elsinore.

Prosecutors said the power lines were approximately two feet above the scaffolding, a safety violation under the California Division of Occupational Safety and Health, which requires a minimum clearance of six feet.

Prosecutors said Alberts, the foreman, failed to properly check the clearance between the power lines and scaffolding, while Gordon, the safety coordinator, failed to inspect the job site for hazards.

Blythe ordered the job and was on site when it was started, prosecutors said.

The three men each pleaded not guilty to two felony counts of willful violation causing injury or death. If convicted, each face up to three years in prison, while Five Star Plastering faces $1.5 million in fines.

Cal-OSHA investigated the case and fined the defendants $164,000 for safety violations.

Authorities said Pohl and the other worker were untrained with less than three weeks of experience when they were assigned the job.

Pohl was a new father who was excited to have a job to help support his family, his father told the Register after the accident.



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By Salvador Hernandez and Sean Emery Orange County Register
July 18, 2014 at 7:35 am


MISSION VIEJO, CA:


 State safety officials are investigating the electrocution of a construction worker in Mission Viejo High, but school district officials said Friday they don’t know who hired the company to hang a banner on school grounds.

The 23-year-old worker was atop of a 25- to 35-foot scaffold when he was electrocuted by overhead wires Thursday afternoon. A co-worker who climbed up to help him was also shocked by the wires and was injured.

The three-man crew was working to hang a banner for a school event on the school’s field, but a spokeswoman for the Saddleback Valley Unified School District said the company was not hired nor authorized by the school district, though they were working on school grounds.

“At this time, we’re still investigating that,” said Tammy Blakely, spokeswoman for the Saddleback Valley Unified School District.

Investigators from the state’s Occupational Safety and Health department, known as Cal/OSHA, are looking into the incident, said Kathleen Hennessy, spokeswoman for the agency.

Cal/OSHA officials will be looking into what safety measures the company had in place, including what plans the company has for when crews work near electrical wires, Hennessy said.

School district officials are also looking into who hired the company, Five Star Plastering, to hang the banner.

Coroner officials identified the worker as 23-year-old Daniel Pohl, a resident of Apple Valley.

Pohl was at the top of the scaffolding when he somehow came into contact with electrical wires, said Capt. Steve Concialdi of the Orange County Fire Authority.

“It was very close to the electrical wires,” Concialdi said of the scaffolding.

Freshman players and parents at a baseball game at the time also witnessed the accident, Concialdi said.

An off-duty sergeant with the Orange County Sheriff’s Department, as well as coaches and other witnesses ran to help the man, said Lt. Jeff Hallock of the Orange County Sheriff’s Department.

One of the workers climbed to help Pohl. When he stood up he touched the wires with his neck, Concialdi said.

The off-duty sergeant had also climbed on the scaffold, but jumped down when he saw the second worker injured, Hallock said.

The shock threw him about 30 feet onto the ground, officials said. He suffered burns on his neck and hands.

That second worker was choking when the sergeant moved him to his side to help him breathe, Hallock said.

Both men were taken to Mission Hospital in Mission Viejo, where Pohl was pronounced dead.

The second worker, who has not been identified, was in serious condition.

Officials with the company, Five Star Plastering, did not return calls seeking comment.

James Pohl, Daniel Pohl’s father, said he had recently started working for the company, with a focus on putting up scaffolding. Pohl had a background in construction, having previously worked setting up solar panels. James Pohl said his son had also helped him with projects in Oregon after James was injured in a motorcycle accident.

Pohl was having a good time in his new position, his father said, and was glad to be able to provide for his wife Britney and his newborn son Levi.

“He was so excited about being able to take care of his family,” James Pohl said. “He just wanted a good job and the chance to prove himself.”

Pohl “never slowed down,” his father said, enjoying outdoor activies such as rock climbing in his time off.

“He was the bubbliest, most crowd-pleasing kid. Everybody loved him,” James Pohl said. “He was my best friend and my son.”


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CA Company And 3 Supervisors Arraigned For Violating Scaffolding Laws Near High Voltage Power Lines That Killed 1 Employee And Injured Another

  • 05/12/17


NewPort Beach, CA (WorkersCompensation.com) - A company and three of its supervisors were arraigned on May 9, 2017, for violating scaffolding laws near high voltage power lines that killed one employee and injured another at Mission Viejo High School.
Defendant
Charges
Maximum Sentence
Court Date
  • Five Star Plastering, Inc.

  • John Lawrence Alberts, 57, Apple Valley

  • Thomas Aaron Blythe, 46, Rancho Santa Margarita

  • Timothy Scott Gordon, 52, Lake Elsinore
Charged on April 7, 2017, with one felony count each of:

  • Willful violation causing death
  • Willful violation causing injury
Alberts, Blythe and Gordon:
  • Three years in state prison and up to $250,000 in fines per defendant

Five Star Plastering, Inc.
  • $1.5 million fine
Pre-trial hearing

July 25, 2017, 8:30 a.m.

Department H-7, Harbor Justice Center, Newport Beach
Circumstances of the Case
  • At the time of the crime, Blythe was the president and owner of Five Star Plastering, Inc. (Five Star), and the vice president of the Mission Viejo High School (MVHS) booster club. Alberts was the crew supervisor, and Gordon was the company's safety coordinator.
  • In July 2014, 23-year-olds Daniel Pohl and John Doe were working for Five Star to erect scaffolding on a football field at MVHS that would eventually display a banner supporting the school's football team.
  • Pohl and John Doe were untrained employees with less than three weeks of experience when they were assigned the job.
  • Blythe is accused of ordering the job be done and being on site when it was started.
  • Gordon is accused of failing to inspect the job site for safety hazards prior to or during the scaffolding process.
  • Alberts is accused of being the foreman at the MVHS site and improperly checking the clearance between the scaffolding and high-voltage power lines, which is required by the Occupational Safety and Health Administration (OSHA) to be six feet at minimum.
  • During construction on July 17, 2014, Pohl came in contact with power lines that were approximately two feet above the scaffolding and was instantly killed by high voltage electrocution.
  • John Doe came to Pohl's aid and sustained serious and permanent injuries from the same power line.
  • Emergency responders pronounced Pohl dead at the scene and took John Doe to a local hospital.
  • The defendants were subsequently fined $164,000 by OSHA, and all are accused of willfully violating OSHA provisions for preventing accidents due to proximity to overhead lines.
The California Division of Occupational Safety and Health (CalOSHA) investigated this case.
Prosecutor: Deputy District Attorney Kelly Ernby, Consumer and Environmental Protection Unit