Four companies have been fined after a worker was injured at the Durant Hotel project in Flint.
A 23-year-old employee fell more than 80 feet out a window opening that wasn’t properly guarded. Thankfully, the employee survived the fall, but landed on a pile of debris and suffered multiple fractures and cutes.
The Michigan Department of Labor and Growth handed out the fines totaling $162,000 and include companies from Lansing, East Lansing and Caledonia.
The DLEG has released the following:
The Michigan Department of Labor & Economic Growth (DLEG) today announced the conclusion of the investigation of a work accident at the Durant Hotel demolition/renovation project in Flint. Four companies received MIOSHA citations alleging they failed to adequately protect employees from fall hazards, with proposed penalties totaling $162,000. The Michigan Occupational Safety and Health Administration (MIOSHA) is part of DLEG.
On September 9, 2008, Buckeye Construction Inc. of Caledonia had a crew of seven employees working on the seventh and eighth floor of the Durant Hotel demolition/renovation project in Flint. The crew was removing debris and interior walls. William Keenoy Masonry Inc. of Lansing had a crew of five employees removing windows on the seventh and eighth floors.
While throwing debris through a window, a 23-year-old Buckeye Construction employee fell more than 80 feet out of a window opening that was not properly guarded. The employee landed on a debris pile on the ground, and survived the fall with multiple fractures and lacerations.
"The survival of this employee is nothing short of miraculous," said DLEG Deputy Director & Chief of Staff Susan R. Corbin. "When fall hazards are present − employers must provide the appropriate fall protection. We are sending a clear message to all construction employers that they are required to diligently protect their workers from the dangers of fall hazards."
A typical construction site involves many contractors and sub-contractors, and the Durant Hotel demolition/renovation project was no exception. On multi-employer sites, every employer has responsibility for the safety of all workers on the site, and more than one employer may be citable for the same condition.
The MIOSHA inspection determined there were four companies at the site that were aware of the unguarded window openings on the seventh and eighth floors and that workers were exposed to the associated hazards. The contractors below were working at the site at the time of the fall accident:
- Buckeye Construction Inc. of Caledonia was the demolition contractor for this project.
- William Keenoy Masonry Inc. of Lansing was a demolition sub-contractor.
- Prater Development Ltd. Of East Lansing was the project manager at the site.
- Build Tech Ltd. Of Lansing was the general contractor at the site.
"The investigation revealed that these four employers did not have a coordinated plan to protect workers against the multiple dangers found at this demolition/renovation site," said MIOSHA Director Doug Kalinowski. "Employers must diligently take the necessary measures to prevent these types of accidents."
As a result of the accident investigation conducted by the MIOSHA Construction Safety and Health Division, four companies received citations for alleged safety violations with total proposed penalties of $162,000. The number of serious and willful violations and proposed penalties are as follows.
Company - Total Violations - Total Penalties
Buckeye Construction Inc. of Caledonia - 1 Serious/2 Willfuls - $42,000
William Keenoy Masonry Inc. of Lansing - 2 Willfuls - $40,000
Prater Development of East Lansing - 2 Willfuls - $40,000
Build Tech Ltd. of Lansing - 2 Willfuls - $40,000
Total Penalties: $162,000
MIOSHA concluded that the four companies at the site all had responsibility for the window opening hazards that resulted in the accident. Every employer was cited for failure to guard the window openings and for failure to guard the floor holes. Each of the contractors had a responsibility to implement the following requirements of MIOSHA Construction Standard, Part 45, Fall Protection:
- Cover or guard floor holes as soon as they are created during new construction.
- Survey the site before working and continually audit as work continues. Guard or cover any openings or holes immediately.
- Covers must be secured and color coded or marked with the words "HOLE" or "COVER."
- Construct all floor hole covers so they will effectively support two times the weight of employees, equipment, and materials that may be imposed on the cover at any one time.
MIOSHA Construction Safety Standard, Part 20., Demolition, covers the demolition of structures and the safeguarding of the employees in these operations. The standard specifically requires an employer to make daily inspections to detect hazards and unsafe conditions, and to ensure employees are not permitted to work where hazards exist. Buckeye Construction was cited for failure to use a material chute when removing debris material from the seventh and eighth floors.
A Willful violation is one committed with an intentional disregard of the requirements of MIOSHA regulations, or plain indifference to employee safety and health. A Serious violation exists where there is a substantial probability that serious physical harm or death can result to an employee.
In March 2008, MIOSHA initiated a proactive "Fall Protection" campaign to increase awareness of fall hazards in construction and general industry, to highlight the need for appropriate fall protection, and to help ensure that employees receive the training required by MIOSHA rules.
The MIOSHA Consultation Education and Training (CET) Division scheduled a series of workshops on fall awareness training across the state, which are posted on the CET Calendar on the MIOSHA website at www.michigan.gov/miosha. For more details on training opportunities, employers can contact the CET Division at 517.322.1809.
All MIOSHA standards are available on our website at www.michigan.gov/mioshastandards.
For more information on construction standards, companies can contact the Construction Safety and Health Division at 517.322.1856.
"The falls must stop. This year in Michigan, we've already had 10 fatal accidents caused by falls," said Kalinowski. "The goal of the 'Fall Protection' campaign is to help employers and employees understand fall hazards and appropriate fall protection and training."
The companies have 15 working days from receipt of the citations to comply or contest the violations and penalties. (Following is a Summary of Violations for all four companies.)
Summary of Violations
Durant Accident Investigation
September 12 through October 14, 2008
(Inspections: 308911387; 308911411; 308911445; and 308911429)
Buckeye Construction, #308911387
Rule/Standard | Classification | Description | Penalty |
Part 20, Demolition, Rule 2034(6) | Serious | Employer did not use a material chute when removing scrap material from the 7th and 8th floors. | $2,000 |
Part 45, Fall Protection 1926.501(b)(4)(i) | Willful | Employer did not guard floor holes to prevent falling, on the 7th and 8th floors. | $20,000 |
Part 45, Fall Protection 1926.502(b)(1) | Willful | Employer did not guard window openings to prevent falling, on the 7th and 8th floors. | $20,000 |
| | Total | $42,000 |
William Keenoy Masonry, #308911411
Rule/Standard | Classification | Description | Penalty |
Part 45, Fall Protection 1926.501(b)(4)(i) | Willful | Employer did not guard floor holes to prevent falling, on the 7th and 8th floors. | $20,000 |
Part 45, Fall Protection 1926.502(b)(1) | Willful | Employer did not guard window openings to prevent falling, on the 7th and 8th floors. | $20,000 |
| | Total | $40,000 |
Prater Development, #308911445
Rule/Standard | Classification | Description | Penalty |
Part 45, Fall Protection 1926.501(b)(4)(i) | Willful | Employer did not guard floor holes to prevent falling, on the 7th and 8th floors. | $20,000 |
Part 45, Fall Protection 1926.502(b)(1) | Willful | Employer did not guard window openings to prevent falling, on the 7th and 8th floors. | $20,000 |
| | Total | $40,000 |
Build Tech, #308911429
Rule/Standard | Classification | Description | Penalty |
Part 45, Fall Protection 1926.501(b)(4)(i) | Willful | Employer did not guard floor holes to prevent falling, on the 7th and 8th floors. | $20,000 |
Part 45, Fall Protection 1926.502(b)(1) | Willful | Employer did not guard window openings to prevent falling, on the 7th and 8th floors. | $20,000 |
| | Total | $40,000 |
Total penalty for all four inspections: $162,000.00
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