MEC&F Expert Engineers : Cal/OSHA investigates the death of a construction worker employed by Swinerton at downtown San Jose’s Silvery Towers site

Saturday, August 18, 2018

Cal/OSHA investigates the death of a construction worker employed by Swinerton at downtown San Jose’s Silvery Towers site









SAN JOSE, CA — 


The death of a construction company employee at downtown San Jose’s Silvery Towers site Thursday has triggered a state worker-safety probe into the development, which was already marred by allegations of underpayment of workers and project delays.

The investigation by Cal OSHA began after the discovery that a person had fallen at the Silvery Towers site, where two residential towers are being built at 188 W. St. James Street near North San Pedro Street.

The deceased individual, whose identity wasn’t immediately released, was on the payroll of Swinerton, a consultant on the construction project, which is being developed by China-based Full Power Properties, whose local offices are in Foster City.

“At approximately 6:00 am (Thursday) morning a fall occurred at a new residential tower construction project currently underway in San Jose’s downtown district,” according to Swinerton. “The incident resulted in the death of a Swinerton employee who had previously been a part of the team assisting the owner with consulting services.”

Swinerton notified the state’s Division of Occupational Safety and Health, or Cal OSHA, about the incident.

“Cal OSHA was notified at 10 a.m. of the fatality at Silvery Towers,” said Luke Brown, a spokesman for the state agency. “Cal OSHA is now investigating the incident.”

The state agency typically requires four to six months to complete such investigations.

Medical crews attempted to revive the victim, but were not successful, according to Swinerton.

“Safety is our number one priority; when something like this happens, we want to know why,” Swinerton stated.

Full Power and Swinerton are working with the project’s contractor, Foster City-based FPC Builders, and state investigators to help determine a cause.

“Initial findings indicate this death was not related to construction activities,” Swinerton said. “We are actively working with Cal OSHA and local authorities investigating the incident and cooperating fully to meet their requests for information.”

The Santa Clara County Coroner’s Office confirmed it was reviewing the situation, but said no information was being released as of late Thursday regarding the death.

The Silvery Towers construction site was closed Thursday and was scheduled to reopen on Monday, Aug. 20.

The development had previously landed in controversy over investigations related to wages and working conditions for construction workers on the site.

Questionable wage and labor practices at Silvery Towers first surfaced in 2017 when more than a dozen immigrant workers, who authorities said were being held in captivity in a Hayward warehouse, were freed by federal Immigration and Customs Enforcement agents.

Federal prosecutors and Hayward police claimed that Job Torres Hernandez forced his workers at Silvery Towers and other construction projects around the Bay Area to work without pay. Hernandez was indicted on charges of harboring illegal immigrants for commercial advantage or private financial gain.

On July 18, the U.S. Labor Department announced that after its investigation into the pay violations, 22 workers were paid $250,000 by Foster City-based Full Power Properties, the Chinese developer of the 650-unit Silvery Towers project. The department said that when not on the job, those workers had “lived in captivity in squalid conditions in a warehouse” controlled by Job Torres, an unlicensed subcontractor doing business as Nobilis Construction.


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Fatal Fall at Silvery Towers Prompts Cal OSHA Investigation
By Silicon Valley Newsroom


August 16, 2018


A construction company employee fell to his death Thursday at downtown San Jose’s Silvery Towers, a high-rise project already tainted by claims of wage theft and slavery.

Cal OSHA launched an investigation into the 643-unit twin-tower apartment complex at 188 W. St. James St., where work has been suspended until next week. According to the Mercury News, the decedent worked for Swinerton Builders, a consultant hired by China-based project developers Full Power Properties.

Full Power, Swinerton and the project’s contractor, FPC Builders, are working with Cal OSHA to find out what caused the man’s death. In a statement to the Merc, Swinerton officials said the death was unrelated to construction.

The Silvery Towers have grappled with delays and bad press since a federal investigation last year resulted in the arrest of a subcontractor, Nobilis Construction CEO Job Torres Hernandez, on suspicion of human trafficking. The U.S. Department of Labor then got Full Power to pay $250,000 in back wages to 22 workers.

The wage theft judgment announced last month prompted trade unions to demand that Santa Clara County adopt stricter laws to weed out unscrupulous developers. The Santa Clara and San Benito Counties Building and Trades Association held a rally last week outside the Silvery Towers site to put the pressure on county and city leaders and to rechristen the project as “Slavery Towers.”

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Staff Augmentation Services Underway at Silvery Towers Contributor: Swinerton Blogger | August 24, 2016 | Image Gallery »


Swinerton Builders Silicon Valley is currently providing staff augmentation services for Silvery Towers in Downtown San Jose, California. The development is a 643-unit twin condominium tower sitting on a roughly two-acre site at North San Pedro and West St. James Streets. It is conveniently located within walking distance of popular restaurants and the San Jose Business District.

The first tower will consist of 22 stories and the second tower 20 stories; the towers are being built simultaneously. Ground breaking occurred in February 2015 and the project is expected to complete in 2017. Once open, Silvery Towers will offer a sleek modern design and plenty of active amenities, including a swimming pool and fitness center. The development will also feature below-grade underground parking and more than 20,000 square feet of retail space. The development’s target population is young, urban
tech professionals.