Santiago Perez Jr., owner of Thomas Towing, was crushed to death by a 3.5-ton I-beam he was towing in Santa Barbara, California

Man killed in construction accident in Santa Barbara


KSBY Staff


December 3, 2018

A worker was killed Monday morning in a construction accident in Santa Barbara.

According to police, the man was in his mid-30s.

The accident happened at about 6:50 a.m. in the 600 block of East Montecito Street.

Police say the man was trying to manipulate a 7,200 pound I-beam when the beam rolled back on him and crushed him.

The man was pronounced dead at the scene.

Cal/OSHA, the state’s Division of Occupational Safety and Health, is investigating the incident.

A GoFundMe account has been set up in support of the victim's family, who family and friends have identified as Santiago Perez Jr.

Cal/OSHA Cites Empire Equipment Services, Inc. for Fatal Trench Collapse at Residential Construction Site

News Release No.: 2018-100                                             Date: December 11, 2018

Cal/OSHA Cites Contractor for Fatal Trench Collapse at Residential Construction Site

Santa Ana, CA—Cal/OSHA has cited a Riverside construction company $66,000 for serious workplace safety violations that resulted in the death of a worker when a 17-foot-deep trench he was in collapsed. Cal/OSHA determined that Empire Equipment Services, Inc. did not properly classify the soil and failed to correctly slope the excavation.

On May 9, two Empire Equipment Services workers were installing sewer pipes at a Lake Forest residential construction site when a 30-foot-wide section of the trench’s sidewall sloughed and collapsed. Only one of the workers was able to escape.

Cal/OSHA’s investigation found that the company failed to ensure the site was inspected by someone who was deemed competent by the employer and familiar with trench hazards, soil classification and the appropriate safety requirements. The soil at the worksite was unstable, requiring an adequate protective system.      

“Because working in excavations is so dangerous, a competent person must conduct thorough visual and manual tests to properly classify the soil and adequately protect employees from cave-ins,” said Cal/OSHA Chief Juliann Sum. “Failing to carry out these requirements can be fatal.”

Cal/OSHA issued citations to Empire Equipment Services Inc. for two serious accident-related violations and one general violation with $66,000 in proposed penalties. One of the serious violations is classified as repeat. In August 2017, Cal/OSHA had cited the employer $24,670 for serious safety violations after conducting an inspection at another site in Lake Forest. During that inspection, Cal/OSHA found that the employer had exposed its workers to serious hazards while working in a trench deeper than five feet without properly sloping or installing any adequate protective systems.

Cal/OSHA offers information and resources on working safely in the construction industry, including how to safely perform trench and excavation operations. Before starting excavation work, the approximate locations of all underground installations that may be encountered during excavation operations must be determined and the proper notification must be made to the appropriate regional notification center in either Northern or Southern California. A permit from the local Cal/OSHA district office must be obtained before the construction of excavations five feet or deeper into which any person is required to descend.

A citation is classified as serious when there is a realistic possibility that death or serious harm could result from the actual hazard created by the violation. Citations classified as accident-related indicate the injury, illness or fatality was caused by the violation. A repeat citation is issued when the employer has abated an earlier violation for which Cal/OSHA issued a citation and a substantially similar violation is found during a later inspection. 

Cal/OSHA offers a guide to developing an Injury and Illness Prevention Program and model programs for employers in both high hazard and non-high hazard industries. Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their safety and health programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). The California Workers’ Information line at 866-924-9757 provides recorded information in English and Spanish on a variety of work-related topics. Complaints can also be filed confidentially with Cal/OSHA district offices.

Worker Sean Knowles, 44, died when he got caught on a granite and marble polishing machine at Majestic Marble and Granite on 4948 S Orange Ave. in Orlando, Florida

ORLANDO, Fla. —
 
A 44-year-old man is dead after an industrial accident Thursday morning in Orange County, officials said. 

The victim was identified as Sean Knowles, 44.

Officials with Orange County Fire Rescue said the accident happened around 8:45 a.m. at Majestic Marble and Granite Countertop Store in Edgewood. 

Officials said the worker was cleaning out the trench on a granite and marble polishing machine when he got caught in the machine and became trapped. 

Co-workers pulled the man out of the machine, but he did not survive. 


======================================

ORLANDO, Fla. - 

A man is dead after getting crushed between an industrial beam and a large machine Thursday morning, according to officials from Orange County Fire Rescue.

Officials said the 44-year-old man was working at Majestic Marble and Granite on 4948 S Orange Ave. in Orlando. Officials from the Edgewood Police Department have not yet released the victim's name, but did say he had been working at the business for three weeks.

The man was cleaning a machine that uses water to polish granite and marble when he got caught between the machine and the beam, according to fire rescue officials. They said as he was caught, the machine kept moving back and forth as it polished the marble.

Eventually, the victim fell into a trench below with what co-workers thought was an arm injury, according to rescuers. They said the victim was conscious at first but began to lose his pulse, prompting his co-workers to perform CPR.

Rescuers said the man went into cardiac arrest and died at Orlando Regional Medical Center.

Police said they are conducting a death investigation but that there have not been any other reported incidents at the facility. Officials from the Occupational Safety and Health Administration are also investigating.

INCOMPETENCE OR CORRUPTION? YOU BE THE JUDGE: New Jersey's Office of Foreclosure has either negligently or intentionally violated a number of state laws. CONFLICT OF INTEREST OF SVEN PFAHLERT IN ISSUING OPINIONS ON FORECLOSURE MATTERS

Dear Legislators:

It has been reported in the media that the Office of Foreclosure has either negligently or intentionally violated a number of state laws by:

• 1.      Entering ex-parte writ of possession the same day as a judgment for possession in violation of N.J.S.A. 2A:18-57;
• 2.      Entering ex parte writs of possession without the requisite notice for demand to quit in violation of 2A:18-61.2 and/or NJSA 2A:18-53 (addressing the removal of tenant at sufferance)
• 3.      Entering an ex-parte judgment for possession without receiving a proof of notice to quit that is prerequisite to judgment (See N.J.S.A. 2A:18-56);
• 4.      Accepting as true the self-certifications of bank attorneys that a residential property occupier had no possessory rights when according to state case law these people are tenant-at-sufferance, protected by the Summary Dispossess Act, N.J.S. 2A:18-53 (See the definition of tenant found in NJSA 46A:14-1, stating that a tenant-at-sufferance is included in the definition of a tenant)

The State’s own law revision commission states the following:

Since enactment of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., the Summary Dispossess Act has been understood to cover the eviction of nonresidential tenants and residential tenants not covered by the Anti-Eviction Act.  Source: STATE OF NEW JERSEY, NEW JERSEY LAW REVISION COMMISSION, Final Report Relating to Landlord and Tenant Law, February 10, 2012.

This tenancy at sufferance is included in the definition of tenant in the New Jersey statutes: "Tenant" includes, but is not limited to, a lessee or tenant at will or at sufferance or for any duration, or any subtenants, assigns, or legal representatives of the lessee or tenant. Title 46A – Landlord and tenant law. Article 5, eviction, chapter 14, eviction generally.  46A:14-1: Tenant, landlord, residential rental premises; what is included.

Here is some of the case law of New Jersey:

Under New Jersey law, "[a] purchaser at a mortgage foreclosure sale obtains the legal right to possession of land purchased as soon as he obtains a deed from the selling officer." 30 New Jersey Practice, Law of Mortgages § 373. The mortgagor's continued possession of the property after such time is that of a tenant at sufferance. See Caruso v. Hunt, 69 N.J.Super. 447, 452, 174 A.2d 381 (Ch.Div. 1961) (quoting 2 C.J.S. Adverse Possession § 105, page 659) ("The owner's continued possession after sale of the property at execution, judicial, or like sale is that of a tenant at sufferance of the purchaser”). In Re St. Clair, 251 B.R. 660 (D.N.J. 2000).

CONFLICT OF INTEREST OF SVEN PFAHLERT IN ISSUING OPINIONS ON FORECLOSURE MATTERS

What your Office of Foreclosure did was to then believe Mr. Sven Pfahlert’s (a former employee of private law firm Honig & Greenberg, L.L.C. – these are the people who have been attacking the homeowners and now he works for the State of New Jersey- THIS IS A BIG RED FLAG) incorrect and illegal advice and enter an ex-parte judgment for possession without the prerequisite notices.  You then entered the very same day an ex-parte writ for possession again in violation of the state statutes requiring notice to quit or vacate.  You also violated state law that says you cannot enter a writ the same day you entered a judgment.  To make matters worse, the judgment was entered by judges in Mercer County who had neither personal nor subject matter jurisdiction over the homeowner or the property.

I LOOK FORWARD HEARING FROM YOU REGARDING THESE STATE LAW VIOLATIONS AND THE CONFLICTS OF INTEREST REGARDING MR. PFAHLERT

I hereby certify under penalty of perjury that the foregoing statements made by me are true and correct.  I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C. §1746.

Respectfully Submitted,

___________________________________

JOSHUA EPSTEIN, ESQ.