Construction companies cited after January casino collapse

Published: Apr. 9, 2012 at 4:03 PM EDT|Updated: Nov. 25, 2013 at 5:56 PM EST
Email This Link
Share on Pinterest
Share on LinkedIn

CINCINNATI, OH (FOX19) - Six companies have been issued citations from the OSHA investigation into the Horseshoe Casino collapse in Cincinnati. The combined penalty for all six companies totals $108,220.

Within the citations OSHA outlines the cause of the collapse saying there was an "inadequate number of bolts, welds, or other equivalent support" at connection points in the steel. The weight of the concrete pour on top of the metal decking which was supported by the beams was too much for the connections to hold, creating an "overload condition". At that point, OSHA says the connection points failed "exposing workers to crushing injuries and a fall potential of 25 feet."

The proposed citation penalties are as follows:

D.A.G. Construction Co., Inc. $15,120

  • D.A.G. Construction had four "serious" violations within their citation each costing the company $3,780.

TriVersity Construction Company, LLC $16,800

  • TriVersity received four "serious" violations within their citation each costing the company $4,200.

The Pendleton Construction Group, LLC $16,800

  • The Pendleton Construction Group also received four "serious" violations within their citation each costing the company $4,200.

Jostin Construction, Inc. $14,700

  • Jostin received three "serious" violations within their citation each costing the company $4,900.

J&B Steel Erector, Inc. $19,600

  • For their first citation, J&B Steel Erector, Inc. received four "serious" violations each costing the company $4,900. They also had an "Other-than-Serious" citation for wire ropes slings that OSHA says were missing attached identification tags. That violation was fixed during inspection.

Messer Construction Co. $25,200

  • Messer received four "serious" violations within their citation each costing the company $6,300.

A spokesperson for Messer Construction confirms they have received four citations from OSHA. The company has already signed the paperwork and has sent the documents back to OSHA.

Monday Messer Construction Co. released the following statement from President and CEO Tom Keckeis, on behalf of Messer Construction Co. and Pendleton Construction Group.

"We are cooperating fully with OSHA as we have throughout the investigation. That support will continue as we stay in close contact and compliance with OSHA through our partnership agreement. We are committed to completing every project safely and in accordance with OSHA requirements, AISC guidelines and our structural engineer's specifications.  That being said, there are elements of the citation with which we respectfully disagree, and Messer and our partners will be requesting an informal meeting with OSHA's area director to address our concerns.  This incident is an anomaly in the scope of Messer's long-standing, successful performance, which is a direct result of our disciplined approach to safety. Our overall safety record has been impeccable, having participated in more than 100 previous OSHA inspections without violation over the past seven years.  In fact, we believe our safety record and the prompt and thorough corrective action taken on-site post-incident played an integral role in allowing us to return to work promptly. We are confident that the heightened levels of inspection protocols and procedures in place post-incident will provide additional safeguards to the jobsite as construction continues and after the building is occupied."

According to a Messer spokesperson, Pendleton Construction Group is made up of TriVersity Construction, D.A.G. Construction Co., and Jostin Construction.

According to OSHA documents, the citations do not "constitute a finding that a violation of the [Occupational Safety and Health Act of 1970] has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission or a court".

Companies have 15 working days after receiving the citations to mail a "notice of contest" of the citation or its proposed penalties. Companies are also able to request an informal conference before contesting which can result in a settlement agreement that resolves the matter "without litigation or contest".

Companies that decide not to contest still have to provide "abatement certification" showing they have fixed the problem unless the issue was corrected during inspection.

Related Stories:

Several hurt in Cincinnati Horseshoe casino collapse

Copyright 2012 WXIX. All rights reserved.