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Colonial Mechanical Corporation, Issue No. 4

April 2003

The Contractors Critic
Colonial Mechanical 
A FIRST ENERGY COMPANY

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

Climbing Accident Rates & Severe Injuries

COLONIAL WORKER SEVERELY INJURED IN A FALL
Adam McCabe was a long time employee and foreman at Colonial Mechanical, a Virginia construction company. He had worked for Colonial Mechanical for over 13 years and had started there as an apprentice sheet metal mechanic. In May 2001, even though it may have been a weekday, Adam was not working on a Colonial Mechanical job site.
NEWS FLASH!

First Energy Corporation unloads Colonial Mechanical and finances the purchase by

Webb Technologies. Credit report lists Colonial as "Higher Risk."

Details in Next Issue

Instead, McCabe was lying in a hospital room, in a coma, breathing through a ventilator. He had fallen from a 15-foot-high ledge while work ing on the Colonial Mechanical Norfolk Airport job and been severely injured. A witness reported McCabe could not stop his fall and "landed flat on his head," prompting him to call 911. McCabe was transported by Norfolk emergency vehicles – clinging tenuously to life.

The Virginia Department of Labor and Industry investigated Adam McCabe’s fall. The on-site state safety inspector recommended that serious violation notices and a $2,500 fine be issued against Colonial Mechanical for allowing life threatening injures to occur at a work site. The violation notice stated:

Located at the Norfolk International Airport … an employee was working outside the perimeter of the guardrail system on the outer edge of the … ledge, without wearing his fall arrest system and therefore fell 15 feet to the floor below, resulting in traumatic bodily injury.

The Virginia Occupational Safety and Health Administration met with Colonial Mechanical a month later to discuss the accident and the resulting violation notice and fine. Despite McCabe’s 13 years of experience with Colonial Mechanical, the company maintained that the accident was McCabe’s fault. Colonial Mechanical denied their responsibility to insure that its workers were using fall protection equipment and contested the OSHA violation. Eventually, Colonial Mechanical was able to plea-bargain the violation and fine to a reduced charge and a $975 fine. Because of the severity of this accident, the investigation wasn’t closed until July 2002, almost a year and a half later.

(Inspection #304137433)

COLONIAL MECHANICAL’S HISTORY OF FALL PROTECTION VIOLATIONS PRIOR TO THE McCABE INJURIES

The OSHA files on the McCabe accident also contained materials showing there had been many violations of the fall protection rules at Colonial Mechanical in the months preceding McCabe’s fall. For instance, at the IDA Office job, Colonial Mechanical’s records show that there were two fall protection safety violations because of unsafe ladders.

At the Richmond Convention Center there were four violations of fall protection rules. Workers were also using extension cords that had severe cuts, which allowed potential electrical problems. Colonial Mechanical also noted two more fall protection violations during their work at the Dulles Town Center job.

However, OSHA did not cite Colonial Mechanical Corporation for a "repeated" violation, although a little more than one year earlier, Colonial Mechanical Corporation received a similar serious citation for an identical problem.

The earlier citation was issued against Colonial Mechanical Corporation in June 1999, at the Capital One job in Spotsylvania. The citation detailed a failure to install an adequate guardrail system to protect their employees from fall dangers from the open sides of stair platforms that rose four stories above the ground. In this instance, OSHA proposed another serious violation against Colonial Mechanical Corporation, and proposed a $1,625 fine. (Inspection #301810305)

This latest breach of safety rules by Colonial Mechanical was only one of the latest of over 100 citations — and over $34,000 in fines — issued against Colonial Mechanical for safety violations.

Adam McCabe was not the only Colonial Mechanical employee injured at a construction site. During the OSHA investigation, the agency’s researchers uncovered a log of Colonial Mechanical’s accident history. The log revealed that almost 150 accidents had occured to employees while on-the-job, including almost one-third who had been injured badly enough to miss work.

In total, Colonial Mechanical’s own work site audit found over 160 violations of safety rules at its job sites in a one year period. This included 45 cases of workers who lacked required safety glasses. Those violations may explain the 13 eye injuries suffered by Colonial Mechanical workers during the same time period.

As of publication, Colonial Mechanical Corporation has not made any suggestions or refuted any of the information in this publication.

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