Safety Procedures Questioned in Fatal Philly Lift Accident
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October 16, 2009
(Philadelphia, PA) – Local authorities and the U.S. Occupational Safety and Health Administration (OSHA) are investigating the cause of a Philadelphia Center City construction accident that killed one man and injured three others.
Masonry Preservation Group employee, Jimmy Wilson, 41, was killed on Monday while performing an inspection for loose masonry on the First Presbyterian Church at 21st and Walnut Streets in downtown Philadelphia. He was harnessed in the basket on a 125 foot extended boom of an aerial lift, which is like a large “cherry picker,” when the wheel of the heavy machinery fell through a fiberglass utility cover on the sidewalk. The lift toppled over, hitting a five-story apartment building and knocking down a streetlight before landing upon an unoccupied van parked in the street.
Wilson was pronounced dead from his injuries at 1:30 p.m. in Hahnemann University Hospital. Witnesses say a woman was wedged under the lift. Debris fell on the sidewalk and cars in the street below. A 70-year-old woman was treated for a broken arm and an elderly couple was treated for minor injuries at the Hospital of the University of Pennsylvania.
Officials are questioning whether safety violations contributed to the accident. State laws regulate tower and mobile cranes, and the city ordinance covers only tower cranes, but neither law deals with the aerial lift platform. Albert D'Imperio, area director of the U.S. Occupational Safety and Health Administration, said OSHA regulates the aerial lift platform under its scaffolding regulations.
OSHA regulations state: An aerial lift truck may not be moved when the boom is elevated in a working position with men in the basket, except for equipment that is specifically designed for this type of operation. Only trained persons shall operate an aerial lift. The brakes shall be set and outriggers, when used, shall be positioned on pads or a solid surface.
Police and witnesses say Wilson moved the lift machine from the boom’s basket controls, causing the wheels to roll onto the utility cover, which gave way under the machines weight. Wilson was an employee of Masonry Preservation Group for more than 20 years, considered a highly trained union journeyman and experienced with high work. It is unclear what specific training Wilson had in aerial lift operation. Brent Schopfel, Wilson’s employer, said he doubted Wilson would violate safety standards by moving the machine and an employee at the site during the accident did not believe it either. Newer lifts have a safety mechanism that prevents them from moving while the arm is extended, but Wilson was operating an older model that did not have that feature, Schopfel said.
Mayor Nutter's office said yesterday that Masonry Preservation Group lacked two necessary permits - one to close the sidewalk and one to close a lane of traffic on Walnut Street. The company’s workers closed the sidewalk, despite not having a permit to do so. They did not close a lane of traffic, as they should have, the mayor's office said.
The preliminary 2008 Census of Fatal Occupational Injuries, produced by the US Department of Labor’s Bureau of Labor Statistics, states that once again workers in construction incurred the most fatalities of any industry in the private sector. Nationwide, 680 workers from various industries died resulting from falls on the job in 2008. Final results of the census will be released in April 2010.
These types of construction accidents are not always the fault of the person who is operating the machinery, often they can be attributed to the carelessness of managers or other people who are running the job site. If you have been injured in a construction accident, you may be able to be compensated for your injury or a loved one’s death if you talk to our lawyers. Many factors must be taken into consideration when determining if a worker’s injury or death was the result of negligence, equipment failure or dangerous working conditions. You may be entitled to compensation such as medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support for the personal injury or wrongful death of a loved one while on the job. At Napoli Bern Ripka LLP, we are experienced in personal injury and wrongful death lawsuits. We know that dealing with the death of a loved one is difficult. Contact us to discuss what you can do to recover for the loss call 888-529-4669 or visit www.NapoliBern.com today.
