Special Report
Summary of interviews, inspection and
records review safety concerns at the
Naugatuck Valley Community College
April 19, 2016
CEUI-SEIU Local 511 Health and Safety Department
110 Randolph Road Middletown, CT 06457 860-344-0311 fax 860-344-8648Introduction
The CEUI-SEIU Local 511 Health and Safety Department conducts research, training and develops hazard abatement recommendations in order to help identify patterns of health problems faced by our members and to develop methods of reducing those workplace hazards
Research the hazards
- conduct member surveys and interviews to identify hazards
- analyze chemical data sheets and inspection reports
- conduct walk-through inspections of worksites
- coordinate and present workshops and conferences
- develop appropriate materials about important hazards
- supply technical information as necessary
- development of safer workplace procedures
- identification of service and maintenance priorities relating to safety
- identification of less toxic chemicals for substitution
The CEUI-SEIU Local 511 Department has extensive information resources on workplace hazards and works closely with universities, occupational health clinics and other industrial hygiene professionals in order to provide the best available resources to protect the health and safety of our members.
CEUI- SEIU Local 511
Concerns were raised regarding construction vehicles at NVCC crossing the parking lot without any markings to other motorists to pay attention that they are in a construction zone.
While reviewing the are CEUI found the following:
An employee of J. Iapaluccio, Inc. working in a trench without shoring. This may be within the legal standard, but when the
ground is wet would it not be more prudent to use shoring?
Trenching and Excavation Safety
Excavation and trenching are among the most hazardous construction operations. OSHA defines an excavation as any man-made cut, cavity, trench, or depression in the earth’s surface formed by earth removal. A trench is defined as a narrow underground excavation that is deeper than it is wide, and is no wider than 15 feet (4.5 meters).
Dangers of Trenching and Excavation
Cave-ins pose the greatest risk and are much more likely than other excavation related accidents to result in worker fatalities. Other potential hazards include falls, falling loads, hazardous atmospheres, and incidents involving mobile equipment. Trench collapses cause dozens of fatalities and hundreds of injuries each year.
Protect Yourself
Do not enter an unprotected trench! Trenches 5 feet (1.5 meters) deep or greater require a protective system unless the excavation is made entirely in stable rock. Trenches 20 feet (6.1 meters) deep or greater require that the protective system be de-signed by a registered professional engineer or be based on tabulated data prepared and/ or approved by a registered professional engineer.
Protective Systems
There are different types of protective systems. Sloping involves cutting back the trench wall at an angle inclined away from the excavation. Shoring requires installing aluminum hydraulic or other types of supports to prevent soil movement and caveins. Shielding protects workers by using trench boxes or other types of supports to prevent soil cave-ins. Designing a protective system can be complex because you must consider many factors: soil classification, depth of cut, water content of soil, changes due to weather or climate, surcharge loads (eg., spoil, other materials to be used in the trench) and other operations in the vicinity.
Competent Person
OSHA standards require that trenches be inspected daily and as conditions change by a competent person prior to worker entry to ensure elimination of excavation hazards. A competent person is an individual who is capable of identifying existing and predictable hazards or working conditions that are hazardous, unsanitary, or dangerous to employees and who is authorized to take prompt corrective measures to eliminate or control these hazards and conditions.
Access and Egress
OSHA requires safe access and egress to all excavations, including ladders, steps, ramps, or other safe means of exit for employees working in trench excavations 4 feet (1.22 meters) or deeper. These devices must be located within 25 feet (7.6 meters) of all workers.
General Trenching and Excavation Rules
- Keep heavy equipment away from trench edges.
- Keep surcharge loads at least 2 feet (0.6 meters) from trench edges.
- Know where underground utilities are located.
- Test for low oxygen, hazardous fumes and toxic gases.
- Inspect trenches at the start of each shift.
- Inspect trenches following a rainstorm.
- Do not work under raised loads.
Year / Concerns
2013 / OSHA violations* regarding
- arc welding and cutting
- non-ionizing radiation
2011 / OSHA violations**regarding
- Rigging equipment for material handling (serious)
- Specific excavation requirements(serious)
- Requirement for protective systems(repeat and serious)
2011 / OSHA violations** regarding
- Specific excavation requirements (serious)
- Requirement for protective systems (serious)
2011 / OSHA violations **regarding
- Requirements for protective systems (serious)
2005 / Yankee Gas officials claimed that illegal used backhoe near utility underground causing the rupture in New Milford
Given this safety track record how did Iapaluccio get the opportunity to become a contractor on a public project?
CEUI was told that the Department of Construction Services (under DAS) depends on the general contractor to monitor sub contractors safety program. DCS does no independent review.
The Morganti Group is the general contractorfor the NVCC project. They have some OSHA violations as well.
*7-2-13 and 10-18-13 **9-22-11,9-27-11 and 4-12-11
Morganti Group track recordYear / Concerns
2010 / OSHA violations* regarding
- Stairways (serious)
- Fall protection systems criteria and practices (serious)
- Hazard communication
2010 / Violations of the False Claims Act and the Foreign Assistance Act for filing false documents in an attempt to secure contracts for water projects in the Kingdom of Jordan
-Danbury-592958.php
2008 / OSHA violations*regarding
- Requirements for cast-in-place concrete (willful and serious)
- Parking ramp collapse that led to death of worker
*1-25-10 and 4-8-08
Government fines Morganti Group of Danbury $800,000
John Pirro, Staff Writer July 27, 2010
DANBURY-- A city-based construction company has agreed to pay an $800,000 fine to resolve a government claim that it filed false documents in an attempt to secure contracts for two water projects in the Kingdom of Jordan.
U.S. AttorneyDavid B. Feinsaid Tuesday that theMorganti Group Inc. failed to disclose that a wholly owned subsidiary had been fired by the federalBureau of Prisonsin 1997 when the company sought permission to bid on the two Jordanian projects in 2000 and 2002.
Morganti subsequently won the contract for the Greater Amman Water Project and the Aqaba Water Project, both funded in part by theU.S. Agency for International Development.
The settlement means the government will not sue the Morganti Group for alleged violations of the False Claims Act and the Foreign Assistance Act, Fein said.
In addition, he said, the company will avoid paying damages that could have totaled half the amounts of the contracts.
In a statement released by the company Tuesday afternoon, Morganti said that it continues to deny the government's allegations and settled the case to "avoid the day, uncertainty and expense of litigation," as well as to preserve its relationship with other federal clients.
Feds cite five airport contractors for violations
County considers firing The Morganti Group for delays, other issues
BY TIM O'HARA Citizen StaffThursday, October 16, 2008
A federal agency has cited the general contractor and a subcontractor on the Key West airport expansion project for their roles in an April 8 parking ramp collapse that killed one worker and injured another.
The Occupational Safety and Health Administration (OSHA) fined subcontractor Apex Concrete Construction Corp. $112,700 and contractor The Morganti Group $56,000 for several violations, the former occurring the day of the collapse and the latter in a subsequent inspection three months later.
OSHA also cited three other subcontractors for safety violations detected during the follow-up inspections, fining two of them a total of $2,550.
Citing the OSHA report, delays and ongoing safety concerns, some county officials suggested firing Morganti, which also is overseeing construction of the new terminal, a total $31 million project.
OSHA ruled that on April 8: Shoring for the ramp was not constructed properly; Apex did not inspect the ramp or have a qualified person inspect the joists before pouring the concrete; the form work for the ramp was not built or supported correctly; and Apex did not instruct its workers on how to avoid unsafe working conditions.
On July 7, the "formwork for the parking garage deck [still] had not been erected to support the weight of precast concrete joists that were placed upon it, exposing employees to the collapse of concrete joists and formwork," OSHA wrote. Area Director Darlene Fossum classified the violation as "willful," which means the company showed indifference or an intentional disregard for the safety of its employees.
The majority of the other violations were deemed "serious," which means the violations could have caused an injury. Three minor violations dealing with unsafe scaffolding fell under the classification of "other."
Fossum could not go into detail about the violations as the case is still open, she said.
The contractors were notified of the fines this week and have 15 days to have an informal conference with OSHA to negotiate a settlement, Fossum said. If a settlement cannot be reached, the companies have the right to plead their cases before an administrative law judge.
Carlos Humberto Cifuentes Saenz, 39, a Guatemalan native who lived in Key West, and Keith White, 42, of Big Pine Key, were under the ramp hosing off wet cement and checking for flaws when the ramp collapsed. Saenz died and White was taken to Lower Keys Medical Center, where he was hospitalized for several days.
Morganti is reviewing the findings and is following appropriate OSHA protocol to resolve any difference of opinion the parties have, said Gerry Kelly, vice president of the Morganti Group.
"We are working with OSHA and are following all the proper procedures that are in place," Kelly said. "Morganti is confident that any differences can be worked out with OSHA.The safety of workers and the integrity of the project are always of the utmost importance to Morganti. We have always complied with all OSHA's requirements and are proud of our safety record -- one of the best in the industry."
The county was not found liable in the incident.
The project is so behind schedule that Morganti has been working without a contract since it expired in July, the anticipated completion date. The project now is slated to be complete early next year.
The commission on Wednesday voted 3-2 to extend the contract until Nov. 15 so workers could get paid, with Commissioner George Neugent and County Mayor Mario Di Gennaro dissenting. After that, Morganti should be fired, said Neugent, Commissioner Sylvia Murphy and County Administrator Roman Gastesi.
"We should have fired their asses months ago," Neugent said, referring to two years ago when the county contemplated firing Morganti because of infighting with URS Corp., the architect and engineer. "We're letting the tail wag the dog. This has been one problem after the next."
County Airports Director Peter Horton had proposed firing Morganti and rebidding the project, but former County Administrator Tom Willi during a commission meeting told him to "sit down and shut up," Horton said. Willi then proposed the commission allow the county to work out its differences with Morganti.
"We need to take some strong action," Horton said Wednesday. "The work they are doing is of high quality, but it is proceeding so slowly that it is disrupting airport operations."
The county and Morganti will meet before Nov. 15 to discuss a completion date and concerns about safety and debris in walkways. If the county is not satisfied with what is said at the meeting, the County Commission could terminate Morganti's contract.
Morganti realizes the county is anxious to start using the facility, Kelly said.
"Despite only recently receiving new design plans for the connector building and delays in payment, we continue to move forward with the project and are making every effort to determine a completion date," Kelly said.
The project has been mired in controversy and problems from the beginning. It was the subject of a grand jury investigation, which criticized the county for escalating costs and mismanagement, saying officials exercised inadequate oversight in allowing costs to increase.
Recommendations
1.The Department of Construction Services (DCS) should require that all applicants for state construction contracts provide the following:
- Copies of all OSHA citations for the last ten years
- The employers injury and illness prevention program as recommended by OSHA
- The employer’s whistleblower protection policy to ensure that employees can speak out when they identify violations of laws or regulations
- Violations of any local, state or federal law for the last 10 years
2.All information regarding the contractor’s track record shall be available on the DAS website under construction services
3.The DCS shall review all contractors retroactively to January 1, 2016 to determine their OSHA track record and post the results.
4. DCS shall create a hotline for contractor employees, state workers or the public to call if they believe that they have information about unsafe practices of state contractors.