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Tarrytown Vill Fatality 2010 Narrative 12.16.10

Tarrytown Vill Fatality 2010 Narrative 12.16.10

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Published by TheJournalNews

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Published by: TheJournalNews on Dec 17, 2010
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12/22/2012

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DIVISION OF PUBLIC EMPLOYEESAFETY AND HEALTH SAFETY AND HEALTH BUREAU
INVESTIGATION NARRATIVE
REPORTING DISTRICT:INVESTIGATION TYPE ESTABLISHMENT NAME AND SITE ADDRESSCOMPLAINT
X
ACCIDENTPROGRAMMEDMONITORING
Tarrytown Vill Fatality 2010177 Sheldon Ave.Tarrytown, NY 10591
FOLLOWUP DATE(S) OF INVESTIGATION: INSPECTION NUMBEROTHER
9-07-2010 306988031
SUMMARY
On September 6, 2010, two employees of the Village of Tarrytown entered a manholeand died of asphyxiation. The first employee entered the manhole to clear a blockagein the sewer in connection with his duties within the Village’s Department of PublicWorks (“DPW”) and under the direct supervision of the DPW’s General Foreman, whoobserved him enter the manhole, fall off of the ladder, and lose consciousness. Thesecond employee entered the manhole several minutes later to rescue the DPWemployee, and did so in connection with his duties within the Tarrytown Fire Department(“FD”) and under the supervision of the Fire Chief, who was present at the site andaware that the DPW employee was unconscious and required rescue because heplaced the calls for assistance.The Village provided equipment to both DPW and the FD to protect employees from theasphyxiation and other hazards associated with entry into manholes and other regulated“permit-required confined spaces” and claimed to have a policy prohibiting DPWemployees from entering manholes, but that equipment was not used, and the policywas not implemented, until after the second employee entered the manhole on
 
- 2 -September 6, 2010. At that point, the FD allowed two more employees into themanhole to conduct rescues using the wrong equipment for the job.The events of September 6, 2010, identified failures on the part of the Village to providetraining, programs and policies that the Village knew were required by law to protect itsemployees from the hazards that the Village knew were associated with manholes andother regulated “permit-required confined spaces.”
 Opening conference
Opening conferences were conducted on 9-07-2010 and 9-08-2010. At thoseconferences, credentials were presented and the PESH Act and the scope of theinspection were explained to the participants. Opening conference attendees wereinformed that the purpose of the inspection was to investigate the workplace fatality inaccordance with NYS Labor Law Article 2 Section 27-a "Public Employee Safety andHealth Act".Present during the 9-07-2010 opening conference:Scott Weaver, DPW General ForemanMichael Mcgarvey, Superintendent DPWWilliam McGuire, CSEA Unit President Village of TarrytownJeff Hymen, CSEA OSH Specialist
 
- 3 -John Staino, CSEA Local 860 PresidentPat Russell, CSEA Labor Relations SpecialistBruce Conca, Heavy Motor Equipment Operator Village of Tarrytown DPWPresent during the 9-08-2010 opening conference:Michael Blau, Village AdministratorPeter Saracelli Jr., Tarrytown Fire ChiefJohn McGee, Tarrytown Fire ChiefNicholas L. Perrotta, Office of Fire Prevention and Control attended this meeting. Themembers of the Fire Department are not represented by a union therefore no unionrepresentatives were present.The following materials were distributed and explained to participants during theopening conferences.SH 909 – PESH Act12 NYCRR – Parts 801, 802, 803, 804, 805, and 820SH 907 – Employer’s Rights and Responsibilities pamphletSH 906 – Employee’s Rights and Responsibilities pamphletSH 900 – Log and Summary of Injuries and Illnesses/recordkeeping information andforms (SH 900.1, SH 900.2)SH 905 – Consultation Assistance pamphletSH 908 – PESH poster

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