Teenage worker's death leads to safety citations against construction firm

Tuesday, December 23, 2014
Part of a crane fell on a young construction worker June 17, killing him. Photo by Laura Simon

CAPE GIRARDEAU -- A local construction company has been cited for 13 serious safety violations, according to an investigation by the U.S. Department of Labor Occupational Safety and Health Administration after the June 17 death of a 16-year-old worker.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known, according to a news release from OSHA.

Tristin James Wood of Marquand, Missouri, was fatally injured at a job site on Highway 272, near Randles in Cape Girardeau County, after he was struck by the swinging cab and boom of a crane being disassembled by Robertson Incorporated Bridge and Grading Division. The company is based in Poplar Bluff, Missouri, and specializes in highway, bridge and other infrastructure projects.

The construction company said Monday afternoon it is not releasing a statement about the violations at this time.

In the news release, Bill McDonald, OSHA's area director in St. Louis, said the incident was "a tragic death involving a teenager who should not have been allowed to work on the job site. Clearly, the law prohibits children from being involved in the disassembly of heavy-duty construction machinery."

The investigation found the crane operator was unaware Wood was directed to stand in an "inadequately marked danger zone" and that he was not provided with required protective headgear.

McDonald also said the company had a responsibility to train workers in hazards, adequately mark hazardous operations areas and provide proper supervision and protective equipment.

In addition to the hazard that resulted in Wood's death, OSHA's investigation found a lack of employee hazard recognition training contributed to the fatality, a news release said. It also said the company failed to document required inspections of the crane's wire rope and hook.

Other violations discovered by OSHA included worker exposure to fall hazards of nearly 7 feet from unguarded machine platforms and failure to implement protective procedures, such as machine guarding that protects workers from coming into contact with operating machine parts. The news release said such violations "are among the most frequently cited violations by OSHA and put workers at risk for amputation and injuries."

Robertson Incorporated Bridge also failed to inspect portable fire extinguishers or train employees in their use, OSHA contends.

OSHA has proposed penalties of $44,730. The department's Wage and Hour Division also assessed civil money penalties of $11,000 for violating hazardous order No. 7, which prohibits minors, or those younger than 18, from operating or assisting in the operation of power-driven hoists.

The construction company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Officials from the Cape Girardeau County Sheriff's Department said at the time of the accident that no criminal investigation would take place.

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