| Marvin W. Mielke, Inc., Issue No. 2 |
July 2003
|
The Contractors Critic
Marvin W. Mielke, INC., AN ABC MEMBER Reporting on Safety, Productivity, and Honesty in the Construction Industry.
|
Disabled citizens charitable group sue ‘unworkmanlike’ Mielke
for breach of contract and destruction of evidence
| The Continental Insurance
Company and the Society of Handicapped Citizens of Medina, Ohio, sued Marvin W.
Mielke, Inc. on March 7, 2001 in the Medina County Court of Common Pleas, for
$48,785.53 in water damages. The alledged damages were the result of the
negligent installation of sprinkler heads on Dec. 10, 1999. Mielke "failed to
perform its contract with the Society…in a good and workmanlike manner," the
lawsuit contended.
"After the aforementioned water damages occurred, [Mielke] interfered with
and/or destroyed evidence pertaining to the aforementioned fire prevention
system with knowledge that litigation was probable," attorney William H. Keis
Jr. wrote in the plaintiffs’ brief.
In response, Mielke, Inc. argued that the water damages were somebody else’s
problem and that it basically "unscrewed" the job up — as it were.
In answer to the complaint, filed June 15, 2001, Mielke’s attorneys stated
that Mielke "did not manufacture the sprinkler heads and was hired by [the
Society] to essentially unscrew the original [sprinkler] heads and screw in the
replacement heads."
Defense attorney Kevin P. Elbert also contended that the society had only
itself to blame for the damages since "actions of the plaintiff contributed to
any or all of the injuries, damages, and losses alleged to have been
sustained..."
On Jan. 28, 2002 Judge Christopher J. Collier issued an order of "voluntary
dismissal" of the case. (Case #01CIV0223)
|
OHSA Citations and Violations
| Mielke has been cited and
fined for three serious Occupational Safety and Health Administration
violations. Most recently it was cited on September 9, 1999 for storing unsafe,
unapproved plastic spouted gas containers at a work site where welding was
taking place. This endangered seven employees, investigative reports alleged.
In regards to the offending gas cans, a Mielke company field supervisor
stated in an affidavit:
"During my time working and moving material I did find a plastic gas can
amongst some other contractors material. I first brought the can to the
attention of [the] contractor doing overhead welding as the gas can was sitting
with paint and other paint-related articles."
"I did on more than one occasion bring this to the maintenance workers’
attention letting them know that the can was not OSHA approved and moved the can
out of the way of the overhead welder."
In a memo presented at an informal conference with OSHA officials Sept. 29,
1999, company CEO Mary Anne Mielke attempted to shift the blame.
After reviewing past instances of having purchased OSHA-approved gas cans,
she pointed the corporate finger at her subordinates:
"Our warehouse manager has been instructed to only use these approved cans.
It is his job to provide job sites with gas cans if they are necessary. Our
Project Managers and our Supervisors are also aware of his requirement."
The gas can rules had been reviewed for employees, Mary Anne Mielke said,
adding, "Sometime in the early 1990s I instructed the employee handling
purchasing to only purchase approved metal safety cans. The point was also
emphasized at the supervisors monthly meetings where all levels of management
were present."
OSHA inspectors were not persuaded. The two citations stood, with a proposed
fine of $225. (Inspection #103016002) | | | | | |
