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Two similar work place accidents result in $3.85 million settlement
Saturday, October 17, 2009

The first ironworker was unsecured when he fell 22 feet from the second-story roof of an Office Depot construction site, breaking his left foot and leg and permanently injuring his back. Three days later, his replacement fell from the same spot -- also unsecured -- and died.

Now, the injured ironworker and the family of the worker who died will share in a $3.85 million settlement from the two area companies that oversaw the job.

The contractor, R.E. Crawford Construction Inc. of Springdale, and the construction site's property manager, Zamias Services Inc. of Johnstown, allowed an "egregious situation" to exist at the construction site, violating state and federal safety rules and the construction company's own policies, according to the ironworkers' lawyer, Mark LeWinter. Both men worked for a subcontractor that was not named in their lawsuits.

Standard industry practices, as well as federal regulations, require that untrained steelworkers use a harness attached to a secured line or a safety net when working near an unprotected edge higher than 15 feet, according to the plaintiffs' claims.

But ironworker Lavern Breon of Upper Tyrone, Fayette County, had no such protection at the Office Depot construction site in Bloomsburg, Pa., according to his lawsuit.

On June 10, 2005, Mr. Breon walked across corrugated roof decking that a coworker had left unsecured, also in violation of federal work safety rules, according to his lawsuit.

The decking slipped, and without a lifeline or safety net to catch him, Mr. Breon fell 221/2 feet to the concrete below, leaving him severely injured.

The following Monday, Brian K. Phillips, 33, of Lewistown, Pa., replaced Mr. Breon at the site to continue installing the roof decking. He was wearing a safety harness, but could not attach it to tie-in cables because they were too short to reach the area on the roof where he was working, according to court documents.

Like Mr. Breon, Mr. Phillips fell more than 22 feet.

He suffered massive brain trauma and died July 20, 2005, leaving behind a wife and four young children.

Amy McConnell Schaarsmith can be reached at 412-263-1122 or aschaarsmith@post-gazette.com.
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First published on October 17, 2009 at 12:00 am