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Public
Employee Press
City slammed for willful safety violations
in death of a Sewage Treatment Worker
The city agency involved in the January death of
Sewage Treatment Worker Gennaro Montello has been found guilty of willful
violation of job safety regulations by the state Labor Dept.
After investigating Montellos death and the injuries to co-worker
Joseph DiGiovanni, the states Public Employee Safety and Health
Bureau issued an official notice Oct. 6 that found the city Dept of Environmental
Protection in willful violation of the requirement to furnish a
place of employment free from recognized hazards that are likely to cause
death or serious harm.
Montello and others at the Owls Head Waste Water Treatment Plant
were laboring to move a huge conveyor belt on Jan. 9 when it collapsed
and crushed him. DiGiovanni was injured while trying to save Montello.
Management tried to blame outside contractors, but PESH said DEP could
have done the job in ways that would have provided adequate protection
for the lives and safety of its employees. PESH pointed out that
the manufacturer had offered to supply a support system using casters
to move the conveyor at a relatively minimal cost. Instead,
one employee was crushed and another, in coming to his aid, was seriously
injured.
Although this is a bittersweet victory, we are pleased that PESH
found that DEP abdicated its responsibility to provide and maintain
a safe work environment, said Principle Program Coordinator Lillian
Goodwine of the DC 37 Safety and Health Dept.
Lillian Goodwine and the PESH inspector did an excellent job and
covered all the bases, said Local 1320 President James Tucciarelli.
It was really, really cold out there and they put in many hours
doing those investigations. The agency was pointing fingers in all different
directions, but I believe this citation really hits the nail on the head.
You can hire whatever consultants you want, but in the end, DEP management
had the responsibility to make sure the contractors were doing the job
safely.
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