New York Daily News
November 4, 2014
EXCLUSIVE: World Trade Center contractors repeatedly covered up dangerous conditions — sometimes cleaning up possible evidence
As the Daily News reported Sunday, dozens of serious accidents at the WTC site weren’t reported at all. But even when the U.S. Occupational Safety and Health Administration was told, investigators ran into roadblocks as they tried to figure out what led to the life-altering injuries.
BY GREG B. SMITH
The morning of Nov. 7, 2011, Brooklyn laborer Nick Giovinco fell 18 feet off a scaffold inside 3 World Trade Center, plummeting to the concrete.
His employer, Sorbara Construction Corp., blamed him, writing in an accident report, “Nick was climbing up the inside of shoring when he lost his grip and fell.â€
But records tell a different tale: Multiple witnesses said the tower was shaky, it wasn’t braced, and there was no ladder as required. Workers said it tipped just as the worker got to the top.
Giovinco — who suffered two fractured ribs and four lower lumbar fractures, and required six staples in his back and head — sued the Port Authority and general contractor Tishman Construction. The suit is pending.
Federal regulators ultimately cited Sorbara, of Lynbrook, L.I., for a lack of a ladder and issued a $7,000 fine. Sorbara settled for $5,000.
Giovinco’s ordeal was one of several cases during the rebuilding of the World Trade Center in which contractors tried to minimize or just plain cover up dangerous job conditions that led to serious injuries.
Since 2003, the U.S. Occupational Safety and Health Administration issued $431,795 in fines at the World Trade Center site.
That includes 47 inspections resulting in 121 citations against two dozen contractors for a variety of safety infractions, records show. Contractors paid just under $300,000 in settlements.
But as the Daily News reported Sunday, 34 of at least 81 serious incidents at the site weren’t reported to OSHA at all.
And even when OSHA was told, its investigators sometimes ran into roadblocks as they tried to figure out what led to injuries.
On June 1, 2010, carpenter Paul Giordano, 46, fell 35 feet while working on scaffolding at 1 WTC. He suffered two fractured ribs and a smashed left ankle and needed multiple surgeries that required rods and screws in his spine.
Nobody called OSHA. Instead, the feds learned of the incident the next day by reading the Daily News.
As OSHA started investigating, an inspector tried to set up a closing conference with Giordano’s employer, Collavino Construction. One phone number “just kept ringing,†and a second number “was no longer in service.†He finally got through and left messages.
“Nobody has responded to my calls,†he wrote, shortly before concluding that “fall protection was feasible but not provided by the employer.â€
OSHA hit Collavino with one citation and $4,000 in fines. Collavino paid the full amount.
Giordano sued general contractor Tishman, alleging the scaffolding wasn’t secure because crossbeams weren’t properly in place. The suit is pending.
Records also show contractors cleaning up accident scenes before inspectors arrive onsite.
In Giovinco’s case, Sorbara workers dismantled the scaffolding immediately after the accident. They said this was done to allow the FDNY access to the site, but the OSHA inspector’s report noted it only complicated his probe.
In January 2011, OSHA inspectors checking whether workers doing drilling were protected from excess noise and inhaling silica “were told that the employer changed the conditions of the site when it was announced that OSHA had arrived,†records show.
Later, one test found the noise level was 400% above the acceptable rate, and multiple workers were exposed to silica well above the acceptable limit.
One worker said respirator masks “were not providing him enough protection. After drilling, the employee would blow out the content dust left in the holes†of his mask.
Nicholson Construction was hit with five citations and $7,200 in fines. It reached a $6,600 settlement.
Tutor Perini Corp. was hit with 15 citations and $30,600 in fines. It paid $18,000.
In May 2012, OSHA investigated a worker who fell 10 feet at the WTC’s vehicle security center when plywood decking gave way. The OSHA report stated the inspector “tried to look at the plywood that fell with the employee, but the whole area was cleaned up and nobody knew anything.â€
OSHA ultimately hit Navillus construction with one citation and $6,930 in fines. Navillus agreed to pay $3,465. OSHA deemed the accident investigation the firm performed “inadequate.â€
Some contractors simply brushed off OSHA.
In May 2007 hardhat Steven Miller was working in the so-called “bathtub†with a crew spraying clay-like substance called bentonite when a hose separated from a coupler on the pump.
Multiple workers were sprayed with bentonite, but the metal hose end whip-tailed and smacked Miller in the head.
For months he lay in a coma with traumatic brain injuries. His doctors predicted he’d need medical care indefinitely. His mother, Joanne Miller, had to sign the petition supporting a lawsuit because her son was unable to do so.
Obstacles confronted Miller’s lawyers and OSHA.
The lawyers had to demand access to pump parts that were "removed, repaired or modified after the accident." The OSHA inspector reported a Kiewit site safety manager did not return his calls.
In the end, the suit was settled for an undisclosed sum and OSHA hit Kiewit with one violation and a $2,500 fine.
Miller made a miraculous comeback. Last week10/28 he received thunderous applause after recounting his journey at a Brain Injury Association of New York fundraising gala in Manhattan.
In March 2011, an inspector witnessed a Laquilla worker removing tarps on top of uncapped rebar spikes at 3 WTC, exposing himself to what OSHA termed “impalement hazards.â€
When the inspector began poking around, he was told he couldn’t talk to Laquilla’s site safety manager because he’d “scheduled a vacation.â€
Gary LaBarbera, president of the Building and Construction Trades Council of Greater New Yor, said his unions have “worked to ensure the safety of the 26,000 working men and women at the WTC site. Safety is always our number one priority at worksites across the city, and the WTC is no different. We are proud of our record at minimizing accidents on such a complex and large site and proud of the extraordinary accomplishment of our members in this historic rebuilding effort."
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