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Allied Mechanical, Inc., Issue No. 5

January 2003

The Contractors Critic
allied mechanical services, inc. - An ABC Member

Reporting on Safety, Productivity, and Honesty in the Construction Industry.

BURGLARY AND MULTIPLE SAFETY VIOLATIONS

ALLIED MECHANICAL EMPLOYEE CAUGHT STEALING FROM A CONSTRUCTION CUSTOMER

Jim Flannigan worked for Allied Mechanical Services as a faithful employee for many years. During his tenure at Allied Mechanical Services, he was left alone unsupervised, on sites of Allied Mechanical Services’ customer’s facilities. However, that was not a wise decision. Flannigan was caught red-handed and confessed to burglarizing a building at night, where he had worked during the daytime as a construction worker.

This bizarre story took place in Eaton Rapids, Michigan. Several staff members of the Union Street School were working in the building in the evening. They found a broken window and mud on the floor of the music room. They confronted a man who admitted his friend had stolen the stereo equipment from the school. He said that it was outside in his friend’s car, which was stuck in the mud.

When the police arrived, they found James Patrick Flannigan a 37-year-old man, walking around the school building. His car was stuck in the mud on the school grounds. Because of the recent construction, the ground at the school was extremely soft. The police could see the broken window at the school and several pieces of Panasonic stereo equipment in the car’s back seat. The police also found a knife on Flannigan, and a half-full bottle of Mudslide liquor in the car.

Under police questioning, Flannigan confessed, apologizing for making "everyone go through all this." He said he had worked at the school during the summer remodeling and knew the stereo was there. Despite this incident of burglarizing this construction customer’s facility, James Flannigan after being released from jail, was retained by Allied Mechanical Services and worked for them for several years.

In fact, later testimony for Allied Mechanical Services at a National Labor Relations Board hearing in July 2002, stated that on at least one occasion, Flannigan worked unsupervised on a job site when only one other person was present.

ALLIED MECHANICAL SERVICES SAFETY PROBLEMS CONTINUE– OSHA ISSUES FIFTY CITATIONS AND PROPOSED THOUSANDS OF DOLLARS IN FINES

The Construction Industry continues to be one of the most dangerous places to work. During 2002, the number of fatalities rose to a new annual record. At ground level, contractors such as Allied Mechanical Services continue to rack up multiple OSHA citations and fines.

Allied Mechanical Services received two OSHA violation notices on August 26, 2002 during an inspection of Allied Mechanical Services’ work at the Western Michigan University College of Engineering campus in Kalamazoo. OSHA proposed a violation against Allied

Mechanical Services for a serious, life-threatening work safety violation, another citation and a proposed fine of $675. No further details were available at press time. (Inspection# 304898018)

Allied Mechanical Services had been caught violating job safety laws at Western Michigan University before. In another OSHA inspection four years earlier, during Allied Mechanical Services’ work at Waldo Stadium on the WSU Kalamazoo campus, OSHA issued a total of six citations against Allied Mechanical Services, including two violation notices for life-threatening, serious breaches of safety rules. OSHA also proposed $225 in fines against Allied Mechanical Services for those earlier violations. Allied Mechanical Services violated eye protection and fall protection rules again on this job, violated aerial work platform rules and failed to provide accident information, according to the OSHA investigation. (Inspection #124903238)

OSHA also issued two violation notices against Allied Mechanical Services in June 2001 for breaches of work safety laws at a Galesburg, Michigan construction site. (Inspection # 127055002)

In sum, OSHA has issued over fifty citations against Allied Mechanical Services for work site violations.

CHARLOTTE, MICHIGAN WASTE WATER TREATMENT JOB MIRED IN SERIOUS MULTIPLE OSHA VIOLATIONS, LITIGATION

In yet another instance, OSHA investigated an Allied Mechanical Services job site in October 2001 and found that Allied Mechanical Services had again committed four violations of job safety regulations. Again, OSHA discovered that Allied Mechanical Services had exposed their employees to life-threatening dangers from falls, and that Allied Mechanical Services had failed to provide personal fall arrest systems. They also did not cover or provide guardrails around roof holes near where Allied Mechanical Services employees were working. The holes were access panels to the valve mechanical rooms and workers were exposed to potential falls of up to 17 feet.

OSHA found other serious violations committed by Allied Mechanical Services at the wastewater treatment plant on Paine Road in Charlotte, Michigan. The company had not provided proper training for an employee who was required to work in confined and enclosed spaces, thus exposing that employee to serious injuries. Allied Mechanical Services also failed to record the air quality test results for the confined space where its employee was supposed to be working. The confined space was eight feet by five feet.

Allied Mechanical Services appealed the citations, but admitted that they had failed to record the atmospheric reading of the confined space. They also admitted that the employee who was exposed to the falling hazards did not have a personal fall arrest systems and that there were no covers or guardrails posted around the hole. (Inspection #127111078)

MORE ALLIED OSHA VIOLATIONS

In July 2000, OSHA inspected Allied Mechanical Services again and issued a two-count serious citation, another citation and proposed a $1,500 fine against Allied Mechanical Services. This time, OSHA inspectors discovered that Allied Mechanical Services did not provide fall protection equipment for their employees, even though four Allied Mechanical Services workers were exposed to a falls of 40 feet from a roof on the Pharmacia & Upjohn power house at 301 Pitcher St. in Kalamazoo, Michigan. A 3-foot by 5-foot roof hole on the powerhouse was also not covered or guarded, leaving Allied Mechanical Services employees risking falls of 20 feet. Both of these fall protection violations

were considered "serious," life-threatening violations and each carried a proposed $750 fine for a total assessment of $1,500 against Allied Mechanical Services. (Inspection #127107241)

OSHA also issued another citation against Allied Mechanical Services for failing to update their employee training regarding fall protection systems and equipment.

During an inspection three months earlier, OSHA personnel found two violations of work safety rules. These including a serious breach of regulations that require Allied Mechanical Services to provide a safe walking and working surface and rules that require provision of a ladder to access an attic at the Central High School job in downtown Battle Creek, Michigan. OSHA proposed a $225 fine against Allied Mechanical Services at this particular work place. Allied Mechanical Services ultimately plea-bargained a reduction in the fine. (Inspection #127132272)

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