DC 37 complaint sparks
federal probe of New York safety and health agency
By
MOLLY CHARBONEAU
The state’s Public Employee Safety and Health
Bureau (PESH) has begun its official investigation into the death of Archie Tyler,
a city Watershed Maintainer who drowned March 4 in the Bronx when rushing water
pulled him down a drainage pipe in the Jerome Park Reservoir.
PESH initiated
its fatality probe March 14, holding an opening conference with the Dept. of Environmental
Protection, DC 37 and Locals 376 and 1322, which represent watershed workers.
In mid-April, the state’s investigator started interviewing employees.
Bill Quinlan, chair of the Watershed Maintainers Chapter of Local 376, said
the local was disappointed that PESH did not query members sooner. “I couldn’t
believe they had no one there investigating right away — like the next day,”
he stated.
Local 376 Deputy Administrator Bill Fenty said members’
recall of the events surrounding the fatality was not likely to be as fresh after
a month’s delay. However, the pace of the inquiry improved once the interviews
began.
“At this point, the investigation appears to be progressing,”
said Rebecca Porper of DC 37’s Safety and Health Unit.
Ms. Porper
said the union also wants a comprehensive safety and health review of all DEP
sites and a safety and health plan, based on that review, to protect members.
The PESH investigation of Mr. Tyler’s death began as OSHA, the federal
Occupational Safety and Health Administration, launched a statewide probe of the
bureau’s response to workers’ fatalities.
OSHA’s review
was prompted by complaints from unions, including a formal complaint from DC 37
about PESH’s investigation of the death of DEP Construction Laborer Christopher
Postiglione of Local 376. Mr. Postiglione died in January 1999 after a hit-and-run
driver struck him on a Long Island Expressway service road.
DC 37 went
to OSHA because PESH waited three weeks to investigate, did not issue a report
until September 1999 and failed to press DEP to take prompt action on training
deficiencies.
In October 1999, before DEP finally implemented a safety
program for its outdoor workers, DC 37 lost another member, Assistant Project
Manager Joseph Lohman of Civil Service Technical Guild Local 375, who was killed
by a truck in a street work zone.