יודי גאלדבערגער קאנסטראקשען קא. באשטראפט

OSHA cites two developers in worker's death





February 12, 2005, 12:36 PM EST

KIRYAS JOEL, N.Y. -- A federal agency cited two developers in connection with the death of a worker who suffocated after climbing down a manhole at a construction site.

The federal Occupational Safety and Health Administration cited Irene Developers and Joy Developers for workplace safety violations, and proposed fines of $7,500 and $6,000, respectively.

Police say Enrique Aviles Torres, a 31-year-old Mexican immigrant, passed out in July 2004 after climbing into a 12-foot-deep storm drain to retrieve a bucket. Torres was in a coma for a month before his family agreed to disconnect the ventilator. The cause of death was asphyxia by gas inhalation.

Torres worked for Joy Developers, but Irene Developers also was responsible because it was directing the work, said Terry Harding, assistant area director in OSHA's Albany office.

Both companies have until Tuesday to respond.

OSHA cites 2 firms in death of worker

Kiryas Joel – The federal Occupational Safety and Health Administration has cited two developers in connection with the death of a worker who suffocated after climbing down a manhole at a construction site.
OSHA issued citations for workplace safety violations and proposed fines of $7,500 against Irene Developers of Kiryas Joel and $6,000 against Joy Developers of Monsey.
The accident happened July 14, 2004, at a site off Mountain Road, where dozens of condominium buildings have risen in the last couple of years.
Police say Enrique Aviles Torres, a 31-year-old Mexican immigrant, passed out after climbing into a 12-foot-deep storm drain to retrieve a bucket. Another worker went down to help him, but also fell unconscious.
Torres lay in a coma for 32 days before his family agreed to disconnect the ventilator keeping him alive. The official cause of death was asphyxia by gas inhalation.
OSHA cited both companies for exposing an employee to "an asphyxiation hazard," failing to inspect the work site and not warning employees about the danger of entering "confined or enclosed spaces."
Joy Developers was also cited for not having an accident-prevention program.
Torres worked for Joy Developers, but Irene Developers also was responsible because it was directing the work, said Terry Harding, assistant area director in OSHA's Albany office.
Torres passed out because there was too little oxygen and too much carbon dioxide in the storm drain, Harding said.
Both companies, who hadn't responded to the citations, can negotiate a settlement or appeal them to an administrative law judge, Harding said. They have until Tuesday to respond.
Abraham Goldberger, a Kiryas Joel builder connected to Irene Developers, didn't return e-mailed requests for comment.
Burton Dorman, a Nyack lawyer who has represented Goldberger companies, said yesterday he didn't know about the OSHA citations.
Josef Herskowitz, a Monsey builder associated with Joy Developers, couldn't be reached.
The Torres family is preparing a lawsuit. Kiryas Joel Administrator Gedalye Szegedin said yesterday the village has been named in court papers based on the mistaken notion that the accident happened on a village street. The village hadn't taken possession of the road, he said.