By: Natalie B. DeClusin, Attorney at Law
SAN DIEGO, CALIFORNIA — The California Division of Occupational Safety and Health (Cal-OSHA) released a report yesterday stating that it was Paramount Scaffold Inc. that most likely caused the construction site accident that resulted in at least fifteen people being injured and one local man’s death. The report issued explains that Paramount Scaffold Inc. was primarily responsible for creating a hazard when its workers stacked scaffolding planks and metal frames against the pedestrian canopy.
As was reported in a previous Berman & Riedel, LLP article, the accident occurred on August 28, 2008 when a 200-foot-long walkway cover located at Imperial Avenue and 15th Street collapsed on pedestrians. The most of unfortunate of those victims, 49-year-old Tyrone Allen, died on February 12, 2009 from complications related to injuries he sustained during that accident.
Cal-OSHA began an investigation of the incident just 40 minutes after the accident occurred. Their inquiries revealed that 8 to 10 planks and frames were stacked against the pedestrian walkway at around 8:15 a.m., that a crane operator noticed the walkway bowing around 11:30 a.m., and that the crane operator then told another workman, who relayed the message to the scaffolding crew and his supervisor. However, despite realizing the danger, none of these Paramount Scaffold Inc. employees took any action, and the walkway collapsed at 12:20 p.m.
The state agency found that Paramount Scaffolding Inc. had seriously violated two state safety regulations by overloading scaffolding and creating a hazard with stored material. Now that its investigation is complete, Cal-OSHA has sent Paramount Scaffold Inc. a notice informing the company that it will be fined $10,120.00 based upon its findings. According to legal counsel for Paramount Scaffold Inc., the findings of Cal-OSHA are inaccurate, and Paramount Scaffold Inc. has appealed the citations issued by Cal-OSHA.
Berman & Riedel, LLP is a civil litigation firm that specializes in serious personal injury cases, including those arising out of construction site accidents. If you or a loved one has suffered serious injury as a result of a construction site accident, please contact Natalie B. DeClusin at Berman & Riedel, LLP for advice and assistance in preserving your legal rights.