Wednesday, March 11, 2015

With revised rigging plan, partial stop-work orders rescinded at Barclays Center; violation imposed after worker death

Yesterday the New York City Department of Buildings (DOB) rescinded two stop-work orders imposed at the Barclays Center site in the wake of a worker Peter Zepf's death on February 24. He was crushed by a load of steel that fell off the trailer in the delivery process.

Now a master rigger has been obtained, according to the DOB web site, and a revised rigging plan has been presented to enhance safety. Also, steel delivery and erection is now permitted.

This was about a week after a Forest City Ratner spokesman predicted work would resume.

Violation imposed

Also, a violation (right) has been imposed by the DOB's Environmental Control Board (ECB) against Hunt Construction, the contractor in overall charge of the work, for "failure to safeguard all persons and property." 

(Zepf, according to the Real Deal, was employed by the James F. Stearns Company, a subcontractor of Banker Steel, which supplies steel for the green roof.)

Those faced with an ECB Violation must correct the conditions and certify correction; presumably the steps taken to remove the partial stop-work orders constitute part if not all of the correction, though not the certification.

They also must then admit guilt or attend a hearing at ECB Court to contest the violation; and pay any applicable penalties.

The violation is in Class 1, which is the most severe, indicating Immediately Hazardous. A hearing is scheduled for 4/13/2015 if the violation is contested.

In this case, infraction code 109 carries with it a minimum penalty of $2,400, but potentially larger, as noted in the graphic below.

The Brooklyn Paper reported that the federal workplace safety agency, the Occupational Safety and Health Administration, is also conducting an investigation. OSHA can also levy penalties.

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