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Danis Building Construction Company, Issue No. 1

May 2000

The Contractors Critic
Danis Building Construction Company

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

NEW NAME, OLD PROBLEMS

A new name for danis construction, but the same old problems

Today, its called Danis Building Construction Company, a subsidiary of Danis Construction Company Inc. In 1997, it was called Danis Construction Company. Five years earlier, it was called Danis Industries Building Construction Group. This large general construction contractor and its sister companies have also recently done business as Danis-Shook, Danis Heavy Construction, Danis Transportation, Danis Clarkco Landfill, Danis Properties and Danis Environmental. But under any name, Danis and its corporate relatives have had a blizzard of safety problems and messy litigation.

This issue of the Contractors Critic is based on Laser’s preliminary investigation of Danis’s

business practices and problems in the construction industry. In future issues The Contractors Critic will have a complete listing of OSHA citations and report on the most grievous violations. The Critic will also include more information on Danis’ troubling litigation problems.

DEATH ON A DANIS JOB
An October, 1998 courtsuit provides details of a mind-numbing instance of unsafe work practices at a Danis job site. James Wagner, a Danis-Shook employee, had to watch in horror as his own father was sucked down a huge drain and drowned in a pipe at the Green County, Ohio sewage treatment plant. Mr. Wagner was working in a 20 foot-deep, open surface tank at the sewage plant. He was ordered to remove the drain cover in the bottom of the tank so water could drain. He asked if he could use a safety harness, but none were available. When Wagner tried to remove a plastic sheet from the drain, a plywood sheet covering the drain collapsed and the vortex of water sucked Wagner to his death while his own son watched.

OSHA investigated and levied two serious citations and a $12,600 fine against Danis, charging: "(The Danis-Shook joint venture) did not furnish… a place of employment which was free of recognized hazards that were…likely to cause death or serious injury …employees were exposed to potential engulfment hazards while entering the Equalization Basin…employees …were not instructed in the nature the hazards involved... employees working at the waste water treatment plant did not receive training...were not notified of the basins being confined spaces… and were not trained or instructed about the potential hazards and the precautions and protective measures to be used in avoiding exposure to hazards." (98CV03673)

The court complaint charged that Danis-Shook ordered workers into the Basin without safety equipment and intentionally and flagrantly disregarded worker safety. This lawsuit is currently pending.

139 osha violations & over $135,000 in fines
OSHA records show that in Ohio alone, Danis has racked up 139 OSHA violations and over $135,000 in fines. One recent and startling example occurred on October 4, 1999, when OSHA inspected a Danis construction site in Dayton, Ohio.

The inspectors found seven "serious" violations and a "willful" breach of safety rules governing fall protection. OSHA assessed an incredible $98,500 fine against Danis. This is the largest fine ever levied against a contractor studied by The Contractors Critic.

Just a few months earlier, in June, 1999, OSHA cited Danis for yet another serious violation, including non-compliance with fall protection rules, and levied a $2,250 fine against Danis.

In October, 1998 a Danis-Shook plumber died after drowning while working in an open surface tank. Danis was assessed another $12,600 in fines for two more serious violations.

In May, 1997, a worker complained to OSHA about exposure to toxic silica air emissions on a Danis job site. OSHA cited Danis for a total of eleven serious violations on two job sites and proposed fines totaling $17,550. Danis later plea-bargained to some citations and paid $11,500 in fines.

OSHA inspected Danis at Cedarville College in March, 1996, and cited Danis for two serious violations and levied a $6,375 fine. Danis plea bargained it down to a single serious citation and a $1000 fine.

The OSHA citations list goes on and on, with Danis racking up over one hundred citations and hundreds of thousands of dollars in fines over the last several years, just in Ohio.

Danis has also sued and been sued in scores of court cases, over causes of action ranging

from unsafe construction techniques that caused a workers death to Danis’ involvement in a "Superfund" toxic waste dump.

As of publication, DANIS Building has not made any suggestions or refuted any of the information in this publication.

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