The U.S. Department of Labor’s Occupational Safety and Health Administration issued a citation and a $5,000 fine to a local construction company after a crane operator was killed in a work-related accident last year, according to newly obtained documents.
Trucano Construction Company was issued a citation on Jan. 18 for failing to properly secure a crane to a barge that toppled over and crushed the 75-year-old crane operator, Boyd Cody, as he tried to escape the crane’s cab.
“On or about November 3, 2011 and at times prior thereto, the employer did not ensure that an appropriate option had been selected for the use of a P&H Model 535, Serial Number 30336, land-based crawler on the deck of the barge,” the citation reads. “This condition affected the stability of the barge, impacted the safe lift capacity of the crane, and resulted in fatal injuries to the crane operator.”
Trucano was also cited for failure to provide formal training on the hazards of loading and unloading materials on barges afloat; failure to ensure load charts were modified to ensure safe lifts could be accomplished on the crane; and for leaving OSHA a voicemail to report the fatality instead of using the proper 1-800 phone number. The latter citation was dismissed, documents show.
The citations have provided some relief to Cody’s widow, Mabel Cody, who said she asked OSHA if the accident was her husband’s fault, and they responded, “Absolutely not,” she said.
“That made me feel better,” she said.
But the president and owner of the company, Douglas Trucano, said he remains unshaken that the accident was Cody’s fault alone, despite the citations. He said he only felt responsible in the respect that he allowed Cody to continue working in the construction yard at the age of 75.
“I didn’t have the heart to tell him, ‘Boyd, you’re too old. We don’t need you anymore,’” Trucano said in a phone interview.
Cody had worked for the construction company for more than 30 years and was a “faithful employee and a good friend,” Trucano said.
OSHA launched an investigation almost immediately after the incident at the Trucano construction site in North Douglas.
OSHA is required to investigate any workplace fatality, and they are required to issue any citations within six months of the date of the accident, if any are deemed necessary.
Normally, the citations are posted online 30 days after they are issued, but an OSHA spokesman said there was glitch in the OSHA computer system, which prevented these citations from appearing online.
The Empire recently requested relevant OSHA documents through the Freedom of Information Act and obtained them Thursday.
The documents show OSHA and Trucano reached an informal settlement agreement on Feb. 10.
Trucano agreed to correct the violations and submitted the agreed upon fine of $5,000 on Feb. 13. OSHA had originally proposed a $11,400 penalty, according to records.
Additionally, Trucano agreed to have regular, documented safety meetings for employees, and to add OSHA’s Compliance Guide for Cranes and Derricks in Construction to its Trucano Safety Program binder provided to employees.
Trucano said he gave Cody the choice that day to either complete the task that day or the next with either a forklift, a crane, or both.
“It was strictly he made a mistake, and it was a very, very bad mistake,” Trucano said.
He added, “They couldn’t really find anything wrong except for the fact that the crane wasn’t chained down, and that was a big one. Other than that, it was really Boyd’s mistake, but nobody feels any worse (about) this than I do.”
Mabel Cody said she had no intention to sue her late husband’s work place, but was glad they were being held accountable.
“I think if they’re liable, then I think, yes, that they should be held accountable,” she said in a phone interview. “It’s only right, you know?”
She added, “It’s not going to bring Boyd back, but I think personally — I get so much a month from the Trucano family, I think it’s an insurance — but I think any construction company should be liable for a death. That’s the way I feel.”
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (26)
Add commentSmarter then OSHA?
Wow Trucano needs to wake up, you can't put a crane on a barge without it being anchored to the barge deck especially on a smaller barge as they tip really easy. Look under OSHA 1926.1437 it describes some of the requirements for proper and legal use of cranes on floating devices.
Yep, sounds like it was
Yep, sounds like it was totally Boyds fault. Trucano puts a crane on too small a barge and doesnt secure it in any way, but he chose to get in and start it, so its his fault...Hmmmm. With that kind of logic they should run for office.
Trucano
He should be ashamed of himself putting all the blame on Boyd and not accepting any fault. Maybe his workers should think twice before continuing their employment with such a jerk!
As the owner of a long time
As the owner of a long time Juneau business, Trucano probably should have tempered his words. Some things should not be spoken - especially in a small town.
Providing a written statement may have been more prudent.
I don't know what's in his heart, but, maybe a letter to the Editor would help with PR at this point.
Trucano
Having been misquoted by the Empire on many occasions I truly hope that Mr. Trucano's comments were taken out of context. The way this was written really sounds heartless. I agree with Calypso. In my company, I am the only one allowed to deal with media, and for quite some time it has only been in writing so that things don't get twisted.
Let's see, failure to
Let's see, failure to properly secure the crane to the barge and no formal training.
“It was strictly he made a mistake, and it was a very, very bad mistake,” Trucano said.
“They couldn’t really find anything wrong except for the fact that the crane wasn’t chained down, and that was a big one. Other than that, it was really Boyd’s mistake..."
Kind of hard to take those words out of context...
OSHA to the rescue
First of all, my sympathies to the family of the operator. Based on the article, it does seem that there was an unsafe situation.
However, my comment is about OSHA. OSHAs involvement in this incident is typical of the federal government's involvement in our lives. They publish thousands of pages of rules that only a Ph.D can understand, change them constantly, swoop in with an expensive investigation when something does go wrong, and (get this!) fine the company a $5,000 pittance for the loss of a human life. Seems to me that either the company was at fault or not. If they were, fine the daylights out of them and put them out of business. If they were not at fault, say it and move on.
By the way, kudos to the widow for not taking the approach 99% of the population would and sign up with a hotshot Attorney.
I agree with Logical
I agree that the widow here is acting very humane in not seeking a lawsuit. This story is vague in it's description of the accident but obviously the crane must be driven onto the barge and THEN secured. It would be helpful to know when in this process it toppled.
Recognizing that Trucano has provided employment for her husband for 30 years, I find her decision reassuring. Most people would sue in this situation, disregarding the loyalty that comes with any lengthy relationship, personal or professional.
I hope Mrs. Cody is well and healthy, she sounds like a very dignified lady.
Im curious about the comment
Im curious about the comment about how old he was. Can you say age discrimination suit?
Cody
...he was probably just doing as he was told...
Owners Responsibility = 100%
Trocano is 100% responsible for this accident in the authorities finding, management should have made the check to see if the crane was lashed according to regulation. Doug Trocano states that the worker was to old to be working there but never checked to see if he is able to do the hard challenging work like lashing down a crane to a barge? Younger guy's sweat hard while doing this task, so how is a 75 year old person supposed to do this task? Quit feeling sorry for the company they are much more at fault for this tragedy then Boyd Cody. After reading what the owner said if I was Mrs's Cody I might be rethinking the idea of not suing. Wake up Trocano by Law you must make sure the workers are following safety laws.
Seems to me
That after 30 years on the job probably should have been even more aware than his employer of the requirements and limitations when a crane is employed on a barge.
It might be a different story if he had been a rookie operator but a 30-year journeyman has to share some responsibility for safe operation.
Damn sad either way.
Boyd died with his boots on
like many of us are probably going to in this economy---In many ways an honorable death, since no one gets out alive anyway...
In that sense, Doug, he died working for you, with your equipment: It's time to take responsibility for it instead of denigrating the man for his age
Dang it, jamison!
Another perfectly crafted comment. My hat's off to you, sir.
Morally bankrupt
Trucano has revealed his true character as one who is morally bankrupt. His laying all the blame on a good loyal employee shows a person of low degree who would say or do anything to avoid responsibility for his negligence. Boyd Cody was a great operator doing just what Trucano told him to do. Hopefully Mrs. Cody will turn a junkyard dog lawyer on Trucano before he kills someone else. Oh that right, didnt he already do that some years ago? Trucano needs taught a lesson to prevent this from ever happening again. Shame on you Trucano! You used Mr. Cody like a rented mule and when he dies due to your incompetence and negligence you blame him. A $5000 fine for loss of human life? Really?Thank you OSHA for nailing these culprits so all other employees can work in a safe environment. You government deadwoods are really something.
Very Sad
How stupid was it to blame the man's age in an interview? The employer should be ashamed to make it about his age. We call that blame shifting.
It is the employer's responsibility to make sure EVERYTHING is safe including the ability of staff on duty to complete the task safely. This means proper safety equipment, training and standard procedures along with making sure the crew is fit and up to the work. It's not enough to say "I felt bad for the guy so I let him work"
Kudos to the widow as well...I admire gratitude. 30 years of paychecks is not a small thing and I believe It's fair to not want to go after a guy that made sure the man had work all those years. What a lucky employer to have such loyal help.
I was very curious about the
I was very curious about the fine. There needs to be something else involved. When i worked construction, in town, the company got nailed with $20k fine for one worker that didn't have his hard hat on. Didnt matter that he was on a beam 15 feet up and it had literally JUST fallen off his head.
As an operator your responsible for your rig. This guy worked for them for that many years, he knew what type of lax safety they practiced. As an operator i would spend the 15 extra mins to put out the booms on my crane no matter what i was lifting. It was an accident, he was a loyal employee that again knew the conditions he was working in.
That being said, this construction company needs to step it up. With all the liability out there you cant run a company like that. And yeah, the owner needs to not give interviews, he just comes across as an insensitive a$$ and takes on so much more heat by trying to pawn the blame off. This isnt a rare mind set in the nation though. Its NEVER my fault.
Grim
I don't see where it was claimed the crane was being loaded or unloaded from a barge. The citation was for not securing the crane to the barge deck before hoisting material with it. Trocano was also cited for not having the correct load chart in the crane for working over water, a crane working over water is rated at 50% of the cranes normal capacity. By law you must have the correct load chart with the crane serial number on it in the crane at all times. I have a feeling if OSHA/L&I did a walk around the Trocano site the company would be shutdown in a minute. The law clearly states the owner of the company is responsible in making sure all equipment is safe and every task is done safely.
Leave the man some dignity and protect your business Doug
What possible reason is there for blaming a loyal employee for your disregard for safety Doug? Boyd served your company faithfully for 30 years and this is how you repay him? Boyds family should (if they already havent) be retaining the services of the most crafty and unscrupulous Torte attorney they can find to put you out of business !!!
Having failed this man and your entire crew for not employing every safety precaution available is YOUR FAULT and no one elses. Your comments should be a huge red flag to anyone who is currently working for you. Doug Trucano will hang you out to dry posthumously to save his own skin. Cowardess is not the most ideal management trait, Doug. Your actions led to the death of one of your employees. You should be formally apologizing to Boyds widow immediately for making such callous remarks. I know I will NEVER use your services and will make sure that I tell others about this article and how you "took care" of such a hard working and loyal employee. Disgusting !!
Trucauno
Traucano "Unshaken??????"
Grimm
I re-read the other news stories and see no where that it states the crane was moving off or on to the barge. It did state that during the recovery of his body they were trying to work around the snowy surface of the barge which was making it slippery for the recovery personnel. Body was moving material off the barge with the crane and most likely overloaded the crane when the radeous increased from the rotation point to sheave point when the barge listed. You can safely get a safety line attached to a roof before starting work on the roof by using the proper ladders at the ends of the roof to attach each end so you can tie-off when you step on the roof to work.
Grimm
Who's original report? If it was OSHA's report then they would not have cited them for not having the crane anchored down if the crane was moving. OSHA/L&I are the governing parties so what they say goes unless a court steps in. Roofing: at the ends of the roof an approved safety line normally can be attached near the peak running from one end of the roof system to the other. You then can snap on lanyards or retractable lanyards for the workers to tie-off to when they start their work. There is always a safe-legal way to perform the work but to figure it out sometimes you need to ask a safety professional for advice. You can usually find them at the same place you purchase safety equipment.
Agreed with Grimm, its is
Agreed with Grimm, its is another bureaucratic hypocritical agency. It is a pain in the butt and there is no one way. Different inspectors have different variations on how things should be done. I have seen it first hand. BUUUUTTT id rather have OSHA out there then nobody. I wore a hard hat pretty much because if they did show up, i didnt want to be the one getting chewed out.
Wear it for safety
Wear it for safety not because you don't want to get chewed out. I am a trained safety officer and the reason I did that was because I lost a family member to a senseless construction accident and saw first hand what it does to the rest of the family. Basically if you don't want to work safe do your family a huge favor and just stay home so they don't have to suffer because of it. Simple enough.
wow mr. trucano i never would
wow mr. trucano i never would have guessed you to make comments of the such. my uncle boyd talked about you with high reguards said you were a good man. would you have said such things had he lived through that? uncle boyd was a mans man so tragic as the accident was atleast he went still being a man. i bet your family wont be able to say the same doug i just hope when it comes your time and boyds waiting for you on the other side you have a good explination for him.
It sounds to me as if this
It sounds to me as if this ruling opens Trucano up to a big fat lawsuit. I hope his insurance is paid up.