The employer of a demolition worker killed at the Gap Inc. distribution center in Fishkill has been fined by the Occupational Safety and Health Administration for violating regulations on the removal of steel construction.
Environmental Remediation Services Inc. of East Syracuse was cited for one "serious" violation and fined $8,149 in connection with the death of James Parisella, according to a report obtained by the Poughkeepsie Journal.
ERSI is contesting the finding. Emails and a phone message seeking comment were not returned by company officials by deadline.
Parisella, 58, of Fort Pierce, Florida — and formerly of Millbrook — died when a 100-foot section of steel pierced the cab of his excavator on Dec. 10. He was helping take down a building at the Gap site that had been destroyed by fire on Aug. 29.
The June 8 OSHA report gives the following account of the actions leading up to Parisella's death:
On Dec. 9, the day before the accident, four workers were performing demolition activities that included torch burning, ground spotting and heavy equipment operations on and near structural steel members, structural columns and a type of roof truss known as an open web steel joist.
The demolition "progressed in a manner that caused overstressing of columns, thereby exposing workers and support crew to a potential, unplanned structural collapse."
Specifically, hinge cuts made at the base of the columns caused them to be overstressed.
Once a column was cut on three sides, the last remaining side was subjected to loads that were nearly three times the limit for the grade of steel.
OSHA defines a serious violation as a workplace hazard that could cause an accident or illness that would most likely result in death or serious physical harm, except when the employer did not know or could not have known of the violation.
An aerial photo of the fire-ridden Gap distribution center in Fishkil is seen in this Sept. 22 photo. (Photo: Patrick Oehler/Poughkeepsie Jour)
Disputes of OSHA findings are assigned to an administrative law judge within the agency's review commission.
Typically, Department of Labor attorneys and the employer’s representatives will try to reach a settlement. If that effort fails, then the case can be argued before the judge.
Though he lived in Florida, Parisella hailed from Millbrook, where he attended St. Joseph School. His grandfather owned Parisella’s Flowers, which operated out of Millbrook and on Raymond Avenue in Poughkeepsie.
ERSI is also facing a $20 million wrongful death lawsuit filed in May by Parisella's widow, Jaye Melanson.
Gap and the general contractor on the demolition job, Clayco Inc. of Chicago, are also named as defendants. The case is pending in federal district court in White Plains.
Authorities determined the fire was set intentionally. No arrests have been announced. State police and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives are continuing to investigate.
In October, Gap and ATF offered $7,500 each in reward money for information leading to the arrest and conviction of the person or people responsible.
Providing tips
Anyone with information about the fire should contact ATF at 1-888-ATF-FIRE (888-283-3473), email ATFTips@atf.gov, or contact ATF through its website at www.atf.gov/contact/atf-tips. Tips may also be submitted to ATF through the ReportIt app, available on both Google Play and the Apple App Store, or by visiting www.reportit.com. All tips will be kept confidential.
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FISHKILL, NY - The widow of a demolition worker who died while taking down a portion of Gap Inc.'s distribution center in Fishkill is seeking $20 million in damages in a wrongful death lawsuit.
James Parisella, 58, of Fort Pierce, Florida, was killed when a 100-foot-long section of steel pierced the cab of his excavator on Dec. 10. He is survived by his wife, Jaye Melanson, as well as three children from a previous marriage and five grandchildren.
Though he lived in Florida, Parisella hailed from Millbrook, where he attended St. Joseph School with his four siblings. His grandfather owned Parisella’s Flowers, which operated out of Millbrook and on Raymond Avenue in Poughkeepsie.
Parisella had been employed by Environmental Remediation Services Inc. of Syracuse, which was subcontracted by Clayco Contractors of Chicago to conduct demolition and rebuild work at the Gap site.
Building 100, a 1.3 million-square-foot facility, was destroyed in an Aug. 29 fire that authorities say was set intentionally.
ERSI, Clayco and Gap are all listed as defendants in the lawsuit, which was filed May 4 in federal district court in White Plains.
"It’s our allegation that the connection of the roof and the wall was not proper," said Gerald McCarthy, a partner with McCarthy & Kelly, LLP, in New York City.
McCarthy acknowledged the building had been ravaged by the fire, but suggested unsafe conditions existed prior to the blaze.
"The fire destroys some things, but it doesn’t destroy others," he said. "What was left is what we can see from the piece that unfortunately went into the cab of the excavator. And it appears that that (piece) was not properly secured to the building."
Gap spokeswoman Debbie Felix said the company does not comment on pending litigation. Clayco and ERSI did not return emails and phone messages seeking comment.
"We need to find out more information from Clayco and from Gap as to engineer drawings and analysis they did before and after the fire," McCarthy said.
As a result of the workplace fatality, ERSI is under investigation by the Occupational Safety and Health Administration. That investigation has not concluded, spokesman James Lally said.
Parisella's excavator was applying pressure to a column in order to bring down a section of the building when the 100-foot-long, 6-by-6-inch piece of steel angle came down, according to OSHA records.
A fire company fights flames coming out of the Gap distribution center in Fishkill. (Photo: Patrick Oehler/Poughkeepsie Journal)
State police and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives are continuing to investigate the arson. An ATF spokesman said the agency had no new information.
In October, Gap and ATF offered $7,500 each in reward money for information leading to the arrest and conviction of the person or people responsible.
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James (Jim) Parisella
Obituary
"No words can express how much Jimmy will be missed. He was..."
- Pam Land
Born on January 1, 1958 to Louis and Lois R. Parisella who are both deceased. Jim died suddenly in an accident at work on Saturday, December 9th, 2016, in Fishkill, New York. Jim is survived by his wife, Captain Jaye Melanson. Jaye and Jim resided in Ft. Pierce, Florida. Jim is also survived by his three children, Jamie Loretta (Chris) Conway, Stephanie (Daniel) Rodriguez and Joseph Parisella, and five grandchildren, Nate Conway, twins Luke and Bennie Conway, and Domenick and Gabriel Rodriguez.
Jim was the treasured brother of his sisters Laura Parisella Scott of Schenectady and Annie Parisella of Eugene Oregon, twin brother John Parisella of Schenectady, and younger brother, Michael Parisella of Phoenix Arizona. Jim is also survived by his former wife and the mother of all of his children, Donna Diskin of Canastota, New York. Jim was immensely proud of his children, and he loved his five grandchildren deeply, and he spent as much time as he could being Papa Jim. Jim grew up in Millbrook New York, attending the St. Joseph's School through the eighth grade. In 1972 his family relocated to Niskayuna New York. Jim graduated from Niskayuna High School in 1976.
Jim was a natural athlete as a young man, and as a child he played organized sports morning, noon and night all through the year. He loved baseball, swimming, hockey, basketball, football and fishing. Later, while Jim was a student at Niskayuna, Jim played on the football team and he ran on the outdoor track team. As an adult Jim's passion became Golf. Jim also sailed in the Caribbean extensively with his very accomplished wife and life-partner Captain Jaye. Jim was a very hard-working man. As a young man out of high school he and one of his best friends, Edward (Ned) Scott, moved to Oklahoma to work in the oil fields. Later Jim became a demolition professional and worked in this field until his death. He work on and was present at many well-publicized demolition 'events', including the demolition of several famous football stadiums including the Three Rivers Stadium and the Seattle King Dome, as well as 'The Sands' Hotel and Casino in Las Vegas.
Jim was well-loved among other professionals in the demolition industry and he was proud of his accomplishments in the industry. Jim's son Joe worked along side his Dad and was his best fishing buddy! Jim was sweet, funny, fearless, passionate and generous to a fault. His warmth and wit touched your soul. Jim was a 'friend-for-life' kinda guy. Jim had many amazing adventures with his friends. His life was charmed, to say the least. He truly had nine lives: all nine of which he lived to the utmost. His family and close friends all share stories which will continue to be well told in his memory. His beloved friend Pat Mion will have more stories than you have time. And every single one of them is hilarious.
They were a team from day one when they met in high school. With Jim at his side, his brother from another mother Ned Scott, and he caused sound waves across the country through the years. Jimmy, you have left a void that will remain forever. You left us far too soon, and filled with terrible grief, but before you left you gifted those around you with enough true love, camaraderie and laughter to get us all through this terrible loss. Farewell to you dear sweet brother, we wish you smooth roads and fair seas until we meet again.
Published in The Daily Gazette Co. on Dec. 15, 2016