FAYETTEVILLE — The Occupational Safety and Health Administration issued a $7,600 fine to Houston-based Business Construction Services, an electrical subcontractor for The Vue apartments, in the May death of a construction worker.
Brandon Rhine, 20, died after jumping into a 6-foot-deep trench at the apartment complex on Paris Avenue, south of Martin Luther King Jr. Boulevard.
Rhine was trying to clear debris when the dirt pit collapsed on him.
OSHA issued a citation to the company containing three “serious” violations.
At A Glance
The Vue is a joint venture involving five companies. The Michaels Organization controls part of the project though a subsidiary called University Student Living, both of which are based in New Jersey. The Michaels companies specialize in multifamily housing. The other partner in The Vue is ParkGeen Living, a Houston-based development conglomerate that includes Parkcrest Builders, the general contractor on the 656-bedroom project. Marketing and leasing for The Vue is handled by Campus Apartments, a Philadelphia group specializing in student housing. Development documents filed with the city list the project as owned by University Student Living and Parkcrest Builders.
Source: Staff Report
According to Juan J. Rodriguez, deputy regional director for OSHA, violations are classified into three categories: serious, other than serious, or willful and repeat. Other than serious violations are the least severe, while willful and repeat are the most severe violations.
“There are different fine levels for different categories,” Rodriguez said.
The trench didn’t have a “ladder, ramp or other safe means for entering or exiting” and daily inspections weren’t made to prevent the trench from caving in, according to the citation. The trench didn’t have a “protective system in place or proper benching to prevent a cave-in,” according to the citation.
Rodriguez said Business Construction Services received the citation July 1.
The company has 15 business days from receipt to comply, request an informal conference with the area director or contest the findings before the independent Occupational Safety and Health Review Commission.
Rodriguez said OSHA hadn’t received a response from the company as of Wednesday morning.
Tim Brannan, president of Business Construction Services, said he couldn’t comment on the investigation.
“It’s still being abated,” he said. “Once it’s resolved, we can properly comment.”
Brannan said his company hasn’t received any citations from OSHA in the past.
Rodriguez said OSHA doesn’t take into account employee injuries or fatalities when issuing penalties and citations.
“It’s a big misconception that OSHA bases its investigations on whether there were any injuries or fatalities,” he said. “It only looks at OSHA regulations and standards that were violated.”
Rodriguez said companies must report to OSHA if there are three or more employee injuries requiring hospitalization, or one or more fatalities.
“If there are less than three that didn’t require hospitalization, they don’t have to let OSHA know, but OSHA can still investigate,” he said.
The Vue has been under construction for nearly a year.
During that time, two deaths, a fuel spill and flooding have been reported at the construction site.
On June 9, a Joplin, Mo., man was electrocuted when he came into contact with a power line. Rodriguez said OSHA is investigating Fosters Exterior Solutions in connection with the electrocution.
On June 20, a fuel tank fell off a forklift, spilling about 200 gallons of diesel.
Katherine Benenati, public outreach coordinator for the Department of Environmental Quality, said cleanup efforts were still under way Wednesday. She identified Park Crest Builders as the responsible party and Andy Hart as the superintendent.
“Clean up times can vary greatly and don’t always coincide with the number of gallons involved in a spill,” Benenati stated in an e-mailed response Wednesday. “Other factors, such as soil testing and how much dirt needs to be removed and replaced can affect a cleanup time.”
In March, several residents in an apartment complex downhill from the construction project were displaced by flooding.
David Jurgens, city utilities director, said a cap was missing from the sewer line, causing it to overflow.