Deutsche Bank Fire Defendants All Acquitted Of Charges.

Last week, the three defendants charged with manslaughter and other charges of causing the fatalities at the former Deutsche Bank building, were acquitted of all charges.  The jury cleared two former managers, Jeffrey Melofchik and Salvatore DePaolo, on June 29, while the Criminal Court Judge Rena K. Uviller acquitted Mitchel Alvo, on July 6.  Uviller also tossed out the major charges against the subcontractor, The John Galt Corp., convicting the company only of a misdemeanor count of reckless endangerment.

Image via Wikipedia

The former Deutsche Bank building was undergoing asbestos abatement and demolition at the time of the fire in 2007, that caused the death of firefighters Robert Beddia 53, and Joseph Graffagnino, 33, who died trying to fight the blaze.  Charges included multiple counts of negligent homicide, manslaughter and reckless endangerment.
Defense attorneys were able to convince the judge and jury that the actual causes were more complicated.  Those complications included:

• New York City Fire Dept. did not abide by the 15-day rule of inspections
• Errors made by the Lower Manhattan Development Corp. (LMDC)
• The negative air system used in the abatement caused rising smoke to descend and block the firefighters vision.

It seems this may not be the end of the Deutsche Bank fire issues, because the Uniformed Fire Officers Association, which felt that the wrong people were charged, and thought the defendants were scapegoats, released the following statement: "We urge the Manhattan District Attorney Cyrus Vance heed his self-described duty as to do what is right in every case without fear or favor, wherever that may lead by re-opening an investigation into the Deutsche Bank fire.  In fact, we are demanding that the District Attorney conduct an investigation into the LMDC."

Jury Selection Begins in the Deutsche Bank Building Fire Trial

Image via WikipediaThe Engineering News Record (ENR) of New York wrote an excellant article on the beginning of jury selection for the manslaughter trial of site safety manager Jeffrey Melofchik, 49, who worked for Bovis; Mitchel Alvo, 58, the cleanup director for subcontractor John Galt Corp.; Salvatore DePaola, 56, a Galt foreman; and Galt itself on the fire that occurred in 2007 at the former Deutsche Bank Building.  The article does an excellant job of providing a history of all that has occurred since the fire occurred in 2007.  Including the Manhattan District Attorney's investigation, the National Institute of Occupational Safety and Health (NIOSH) investigation, and the New York City investigation.  Based on the article it would seem the Manhattan District Attorney will have an uphill battle getting a conviction on this trial.

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OSHA Orders John Galt Corp. to Compensate Worker Fired After Raising Health and Safety Issues at the Deutsche Bank Building in NYC

Respirators Should Be Fit Tested Before Use

On Thursday, October 14, 2010, the U.S. Department of Labor obtained a consent judgment ordering The John Galt Corp. and two of its former managers, Mitchel Alvo and Dorota Lebkowska, to compensate a worker who was fired for raising a health and safety issue during an asbestos removal project the defendants oversaw at the former Deutsche Bank Building at 130 Liberty St. in Manhattan, New York.
According to the press release the worker filed a complaint with the department's Occupational Safety and Health Administration in August 2006, alleging that he had been fired after requesting additional respirator filter cartridges for himself and for fellow workers performing asbestos removal at the site.  OSHA's investigation found merit to the complaint.  The department's Regional Office of the Solicitor in New York filed suit in the U.S. District Court for the Southern District of New York after the defendants refused to reinstate and compensate the worker.
As a result of that legal action, the defendants have signed a consent judgment that orders them to pay the worker $55,000 in back wages and expunge all references to suspension or dismissal from his personnel file.  The judgment also prohibits the defendants from discriminating against employees who file a complaint with OSHA, participate in an OSHA inspection or otherwise exercise their rights under Section 11(c) of the Occupational Safety and Health Act.
"Terminating workers who raise legitimate safety and health issues is unacceptable," said Robert Kulick, OSHA's regional administrator in New York.  "Intimidating workers into a dangerous silence can mask hazardous and potentially deadly conditions.  Employers should be aware that we will pursue appropriate legal remedies in such cases."
Section 11(c) of the OSH Act protects employees' rights to file a complaint with OSHA or to bring safety and health issues to the attention of their employers without fear of termination or other reprisal.  OSHA also enforces statutes protecting employees who report violations of various railway, securities, trucking, airline, nuclear power, pipeline, environmental, public transportation and consumer product safety laws.  Detailed information is available online at: http://www.whistleblowers.gov/.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.  OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.  For more information, visit http://www.osha.gov/.

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NIOSH Publishes Results of Investigation Into Deutsche Bank Fire

Image via WikipediaOn August 18, 2007, two firefighters lost their lives while attempting to put out a fire in the former Deutsche Bank building.  This fire has had a significant impact on the construction and the asbestos abatement industries.  Recently revised asbestos regulations were the results of suggested changes by a special committee, set-up by Mayor Bloomberg, to specifically investigate the city agency failings and fixed them.  The National Institute of Occupational Safety and Health (NIOSH) typically investigates fires that lead to the loss of life of firefighters.  The purpose is to assist fire departments across the country in reducing fatalities and injuries to firefighters.  NIOSH's investigative report is 44 pages long and determined the following "key contributing factors to this incident included: delayed notification of the fire by building construction personnel, inoperable standpipe and sprinkler systems (published in several news articles), delay in establishing water supply, inaccurate information about standpipe, unique building conditions with both asbestos abatement and deconstruction occurring simultaneously, extreme fire behavior, uncontrolled fire rapidly progressing and extending below the fire floor, blocked stairwells preventing fire fighter access and egress, maze-like interior conditions from partitions and construction debris, heavy smoke conditions causing numerous fire fighters to become lost or disoriented, failure of fire fighters to always don SCBAs inside structure and to replenish air cylinders, communications overwhelmed with numerous Mayday and urgent radio transmissions, and lack of crew integrity."
The report also includes several recommendations, and alot of information regarding what happened including a timeline.  So what started the fire?  A burning cigarette discarded by a construction employee in the decontamination shower area on the 17th floor.  Read the report for more information.

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