Establishment Name Tower services. Inc. CSHO!Optiona1 S0082 019-06 Report Federal Inspection 309215986 INSTANCE DESCRIPTION Description of hazard{s): ?nl1s. An employee fell 380 feet no the ground level below. Description of employsets) exposure and how often: According to employees one and two they had just began working on this coll phone tower site the day before. This was their first full nay on the job site when the fatality occurred. On May 02. 2006. there were two employees working at the 380 and 300 ioot elevations preparing to install new transformers and receivers and the electrical power cables. Two employees were directly exposed, at the point of danger zone, under high stress due to the fact neither of them were utilising appropriate lanyards to prevent falls- It was common practice on Mr. Dewayne Wilder's work crew not to attach or use the lanyards. Working from such elevations was normal part of the employees' duties. Employer knowledge: Mr. Deweyne Wilder, Foreman, for Tower Services, Inc. was present and working on the jobsite when the his employees began climbing the cell phone tower; therefore, if had performed his omties es required could have detected that the employees were not utilizing fall protection, and he could have seken immediate Corrective actions to ensure compliance with the regulations. Because Mr. wil?er was working on site and this condition was in plain sight, the hazardous condition was reaoily apparent. with the exercise oi reasonable diligence, Mr. Wilder could have verified that the employees had the appropriate lanyerds before the employees climbed the Cell phone Rower. By using binoculars to observe the employees working on the tower, he oould have detected whether the employees were properly utilizing the lanyards. At the time the employee fell to his death, the employees had not taken the lsnyards with them up on the tower. Appropriate lsnyards to connect between the employees' harnesses and the tower were available on site in the oomnany truck. Tower Services, Inc. has comprehensive written Employee Safety Manuel which addresses employee disciplinary actions, job hazard assessments, tool box safety talks and competent person logs which were not being completed prior to the fetality that occurred on May 02, 2006. In April of 2006 prior to the May 02, 2006, fatality Mr. Wilder attended fall protection training, and was aware of the requirements to ensure full fall protection for the employees working on elevated surfaces. . The employer demonstrated knowledge of une requirement by competent person logs in the sefexy program which were to be completed by a competent person. 20 Establishment Name Tower Services, Inc. CSHO/Optional S0082 019-06 Report Federal Inspection 309215986 Location of vio1ation(s): A Bluegrass Cellular Tower located at 700 Youngstown Road, Central City, Kentucky 42330. Describe vio1ation(s): On or around May 02, 2006, Mr, Dewayne Wilder, Foreman for Tower Services, Inc., did not conduct frequent and regular inspections of the job site, materials and equipment did not take prompt corrective measures to eliminate fall hazards for the employees working on the Bluegrass Cellular cell phone utility tower facility located in Central City, Kentucky. No other competent person designated by the company conducted the inspections or took any corrective action. Mr. Wilder indicated that no one competent person. If designated Mr. Wilder fulfill that function. to be filled out by a as a competent person or designated someone from the company told him he was a designated that is the case, the company should have either else to The company safety program included inspection logs competent person. The logs were left blank. The company had no effective procedure in place to ensure the logs were being completed or that the inspections were even taking place. The standard calls for frequent and regular inspections to ensure compliance with the regulations and to prevent accidents. Competent person is defined under 29 CFR one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to authorization to take prompt corrective measures Wilder had received training in fall hazards and hazards only a few weeks prior to the accident. authority to take corrective action. He took no methods to abate employees, and who has to eliminate them, Mr. those As foreman, he had the steps to eliminate the hazard of falling off of a tower while members of his crew where working at heights up to approx. 380 ft. The company safety program indicates that the inspections by a competent person should take place. However, the company had no procedures in place to ensure that their foremen or other designated competent persons acted appropriately in identifying hazards and taking the prompt corrective action to eliminate them. On May 02, 2006, at approximately 10:15 hours Tower Technician working for Tower Services, Inc., he fell approximately 380 feet when he fell from a phone tower. The employees were in the process of transmitting and receiving equipment onto an existing tower. The employee was working below the victim at approximately 300 feet. of the employees were using fall protection other than a two foot positioning cable that they were attaching to the climbing safety while climbing up or down the tower. The climbing safety device Mr. Michael Sulfridge, was fatally injured with Bluegrass Cellular cell installing the new other Neither long device WEHS already attached to on side of the tower when the employees arrived to make the needed construction modifications. According to employees one and two, they stated that once they would reach the working height on any cell phone tower they would then disconnect 2l Establishment Name Tower Services, CSHO/Optional soosz 019-os Report Federal Inspection 309215986 IHC .. their positioning cable and then work the 360 degrees around the tower structure without using appropriate lanyard(s). Lanyards could have been used as part of a positioning system to prevent falls or as part of a fall arrest system to arrest a fall. On the day of this inspection none of the employees were utilizing lanyards for fall protection, but they were all wearing body harnesses. Employees one and two each verified in my employee interviews that it was common practice for them to work on virtually all cell phone towers without using lanyards attached to their body harnesses. Mr. Doug Udegraff, Group Manager for Wireless Network, with Bluegrass Cellular Company stated that Tower Services has almost exclusively worked for them for more than two years prior to this fatal accident. In my interview with Mr. Dewayne Wilder, Foreman for Tower Services, he confirmed rarely using what employees one and two informed me about the employees the lanyards. He said it was common to use the body harnesses with the two-foot long cable to connect to the climbing safety devices installed on climbing safety device, they worked without the towers but once the employees disconnected from the being attached to anything. Employee number one, a tower technician, stated that he had been th working on the Central City, Ky. cell phone accident and on the day before the accident He stated that since they began working for have seldom been used for fall protection. Employee number one stated that he had crew for over two years. He said had worked tower site on the ay that occurred on May 02, 2006. Tower Services, Inc., lanyards been working on Mr- Wilder's with Mr. Sulfridge for almost a harnesses, and generally use a year. He stated that they do wear the body positioning cable to attach to the tower's climbing safety device, but once they get to the desired level to perform.the work, they un-attached from the climbing safety device and did not use lanyards to attach their harnesses to the tower while performing the work. Employee number one stated he actually reached out and tried to catch him and was unsuccessful. Employee one stated that neither he nor Mr. Sulfridge was wearing a safety lanyard (bungee cord) when the fatal accident occurred. Employee number two, a tower technician, stated that he was present when Mr. Sulfridge fell from the tower onto the ground. Employee number two stated that he was on working on the ground level at the time Mr. Sulfridge fell to his death. Employee number two stated that he had worked from Mr. Dewayne Wilder's crew with Tower Services, Inc., for almost eight months. He stated that just a few weeks earlier in April 2006, he received his first fall protection training, but had been climbing on the cell phone towers on Mr. Wilder's crew for at least eight months prior to receiving fall protection training. Employee number two stated that he has climbed on Bluegrass Cell Phone towers in Elizabethtown, Central City, Corbin, Bowling Green, Sommerset and other cities without utilizing fall protection. See 22 Establishment Name Tower Services, Inc. CSHO/Optional S0082 019-06 Report Federal Inspection 309215986 Appendix for the Bluegrass Cellular map which shows the locations of their tower locations in the state of Kentucky. Employee number two stated that he had worked since the first day with Mr. Sulfridge and that neither of them used a lanyard on a regular basis, and they had become accustomed to working without them. Employee number two stated that he had worked for the company almost receiving any kind of fall protection training. The he had been employed by the company he had worked on had a training card which indicated that he had just fall hazard training in April 2006. Employee number 13 months before majority of the time Mr. Wilder's crew. He received his initial two also stated that Mr. Sulfridge also received his first fall hazard training in April of this year as well, and his hire date was May l6, 2005; therefore, the April 2006 training occurred more than 10 months after Mr. Sulfridge had already been exposed to falls while working on cell tower making repairs and adjustments. On May 2, 2006, I conducted an interview with Mr. Dewayne Wilder, Foreman for Tower Services, Inc., and he informed during the interview that Mr. Sulfridge was not wearing a lanyard (bungee) nor was employee number one. Mr. Wilder confirmed and stated that before the two employees climbed on the cell tower that he did not take the time to observe and ensure that his employees were utilizing lanyards (bungee cords)and he did not make any onsite observations while they were exposed while working on the cell tower either. Mr. Wilder also stated that he did not have binoculars to observe and detect whether the employees were actually wearing and utilizing lanyards (bungee cords) while the employees were working on any cell phone towers. As of May 02, 2006, my investigation has revealed that neither of the two exposed employees working on the cell phone tower were utilizing the available lanyards, and this was a common practice on virtually all cell phone tower sites. No employees have been previously disciplined for violations of safety and health laws, rules and company policies, and particularly for not wearing and using lanyards. Mr. Dewayne Wilder, Foreman was onsite the entire time and he neglected to act as a competent person. According to Mr. Wilder, on-site tool box safety meetings have been rarely conducted to discuss safety hazards and to increase awareness of hazards they are facing. All of my employee interviews were also witnessed by Mr. Tony Armour, Mullenberg County Coroner. As I was conducting my walk around inspection of the accident site, and I was using my video camera to record the site, I was also asking Mr. Wilder questions. The video tape confirms my finished notes as to what Mr. Wilder said. Tower Services, Inc. has a comprehensive written Employee Safety Manual which addressed employee disciplinary actions, job hazard assessments, tool box safety talks and competent person logs which were not being completed prior to the fatality that occurred on May 02, 2006. In 23 Establishment Name Tower Services, Inc. CSHO/Optional S0082 019-06 Report Federal Inspection 309215986 April of 2006 prior to the May 02, 2006, fatality, Mr. Wilder attended fall protection training and was aware of the requirements to ensure full fall protection for the employees working on elevated surfaces. Appendix Mr. Tony Armour, Mullenberg County Coroner, also wrote me a letter summarizing his observations which he has signed and this letter can be found in Appendix of this report which Mr. Armour has stated to me that he is willing to testify in OSH hearing proceedings. The letter is a follows: "On May 02, 2006, I accompanied you during the course of your fatality investigation. I was present during your employee interviews of three employees whose job duties are to climb on the cell tower to make adjustments, repairs, and replace parts or install new equipment. I was present as you interviewed three separate employees who work for Tower Services Company from Hixson, Tennessee. All three of the Tower Services employees stated that it was a regular practice to climb the cell towers without using a safety lanyard once they disconnected from the climbing safety positioning device. All of the employees stated that it was not only a regular practice, but they had been working on Mr. Dewayne Wilder's construction crew for almost one year without using the lanyards with the safety harnesses. They also stated that they seldom, if ever, even had the lanyards attached to their safety harnesses before climbing on the cell towers, and Mr. Wilder was their foreman and was always present with them. The three employees also stated that Mr. Wilder never enforced the usage of the lanyards, and he never verified during the course of a work shift that they were using them. During the course of the fatality investigation you asked Mr. Dewayne Wilder if he had conducted any daily checks to verify that his employees were actually were wearing the safety harnesses with lanyards attached when working from the elevated surfaces while on the cell towers and he stated that he had not. You also asked him if he had any binoculars to look up at the employees working on the cell phone tower(s) to see if they were using any fall protection and he stated that he did not have any binoculars to monitor the employee's usage of fall protection. You also asked Mr. Wilder if he had ever disciplined any employees in the past for not wearing fall protection when working on any elevated surfaces over the past year, and Mr. Wilder stated that he had not disciplined any of his employees for anything in the past. You also asked Mr. Wilder if was trained by his employer as a competent person and was he told by his employer that as the foreman/supervisor he was responsible to ensure the usage of the fall protection? Mr. Wilder stated that he has never been trained as a competent person, and he was not informed that he was to enforce the 24 Establishment Name Tower Services, Inc. CSHO/Optional S0082 019-06 Report Federal Inspection 309215986 usage of the fall protection equipment. Mr. Wilder also stated that he, and his other employees working on his construction team all had to purchase their own fall protection equipment, and his employer would deduct the cost of the safety personal protection equipment from their pay checks. During the course of the fatality investigation you also interviewed Mr. Daniel Combs, Wireless Field Operations Manager for Bluegrass Cellular. I was present when you questioned Mr. Combs about his duties and how often he visited the cell phone tower sites. Mr. Combs stated that he does travel from time to time to the different sites to check on the progress of the work being performed, and that he had observed the workers for Tower Services Company in the past working on their cell phone tower equipment." Appendix of this report provides photo copies of the fall protection training records for the last four years. The last fall protection training was finalized in April of 2006. The photocopied fall protection cards shows that Mr. Dewayne Wilder, Job Site Foreman received his training on February 15, 2006 and Mr. Michael Sulfridge received his training on March 31, 2006. Mr. Sulfridge has been working for almost one year prior to receiving any fall protection training from his employer. He was fatally injured thirty~two days later when he fell approximately 380 feet from the cell phone tower. Appendix of this report provides the only copies of previous disciplinary actions that were taken prior to May 02, 2006. During the course of fatality investigation I asked Mr. Dewayne Wilder, Job Site Foreman if he had in the past ever issued any disciplinary actions for when the employees were not wearing the required personal protective equipment or for any other safety or health hazard, and he stated that he has never done so. Also during the course of my investigation I asked Mr. Kerry Klimeck, President of Tower Services and Ms. Johanna Hartley, Office Manager and Administrative Secretary for Tower Services if they were aware of or if they had issued any disciplinary actions for when their employees were not following safety and health laws and policies and their response was no- Therefore, prior to the May 02, 2006, fatality which occurred in Central City, Kentucky, the employer has never disciplined any employees for not using the required fall protection equipment or for any other instance where an employee was exposed to a hazardous condition where they could have been seriously hurt or fatally injured. Appendix of this report provides the only copies of previous Job Hazard Analysis reports that were completed after the May 02, 2006, fatality in Central City, Kentucky. During the course of fatality investigation I asked Mr. Dewayne Wilder, Job Site Foreman if he had in the past performed.and recorded any Job Hazard Analysis of the work site prior 25 Establishment Name Tower Services, Inc. CSHOfOptiona1 S0082 I Report Federal Inspection 309215986 beginning work and continued to hazard analyze the process through :ne entire time the employees were working on the job eine. He sented that he had never in the past performed a job sito analysis on any job sites prior to May 02, 2006. Also during the courne of HW investigation 1 asked Nr. Kerry Klimeok, President ot Tower Services and Me. Johanna Hartley, Office Manager and ndminietretive Secretary Eor Tower Services if they were aware that any of their Supervisors out on the Cell phone job sites were performing the job hazard enalynie ano if uhey neo any photo copies of such evaluations and Mr- Klimeck and Ms. Bartley each stated that to their knowledge such job hazard analysis had never been completed prior to May DZ, 2006. Completion of the job hazard analyeie and ?illing out a survey form makee the Supervisors accountable and ensures he is aware what the employees will be exposed to before the work begins no eneure that the proper personal pronevtive equipment, employee training, and other vital safety and health provisions are being maintained on the job sites. The employer's own Safety Manual which can he found in Appendrx of thin report addressee conducting job hazard analyses which is found in the written language in Chapter One Sections 1.1.4, l.l.l2, l.l.13, 3.0, 3.1, 3.3, 3.6, 5.0. 5.1 - 5.3.3, 6.0, specifically sections 6.1, 6.1.1, 6.1.2, 6.1.3, 6.1.8, 8.6. Chapter Six "Tower Practices Guidelines" Section 5. Section 7 "Climbing Hazards," Section Eight "Pre>>Climb Planning and Inspection," Section 10 "Site 1nspeCtion$," Section 16 Tie~Off Climbing Procedures," Section 21 "Personnel Lifting Procedures," 24 "Pre- Lift Meeting," Section 36 "Criteria for Hoisting the Hmployeetsl to the Workstation." Chapter Seven "General Safety Rules" in Section XVII oovern safety rules for fall protection. Chapuer 14 "Hazard identification Pre~ Job Checklisae" includes on the checklint form "Fall Protection reviewed." ee fore pri r' to the O2 2 D6 fat;a_1_ i. ty rec] in [Sen tram J. city, Kentucky, the employer has never complexed their own premgob 'Hazard Identification Pre-Job Checklist." Safety Manual Outline: Chapter One "Health and Safety Program" Section 1.4: Inspection Section 1.12: Accountability Section 1.13: Compliance Reviews Section 0: Renponoibilities For Safety Section 1: Senior Management Section 3: Site Supervisor Section 6: Tower Climber Section 0: Safety Training Section 1: Safety Training for Supervisors Section 3.3: Induction Saiety Topics for Workers ann Subcontractors 26 Establishment Nenei Tower Services, Inc. CSHO/Optional S0082 I 0l9~06 Report Federal Inspection 309215986 Section Section Section Section Section Sect: .ion Section 6.0: Site Planning And Eounokooping 6.1: Initial Planning 6.1.11 Hazard Identificotion Plan 6.1.2: Health and Safety Program 6.1.3: Protection of Employees and Equipment 6.1.8: Fell Prevention and Climbing Procedures 8.6: Fall Devices Chapter Six "Tower Practices Guidelines" Section Section Section Section Section Section Section Section S: Evaluation Y: "Climbing 81 "Pre>>Climb Planning and Inspection" 10: "3it@ Inspections" 16: Tie>>Off Climbing Procedures" 21: "Personnel Lifting Procedures" 24s "Pre~Lift Meeting" 26: "Criteria for Hoisting the Employee[n] to the workenanion" Chapter Seven "General Safety Rules" - Section XVII: Safety ruloe for fall protection. Chapter 14 "Hazard Identification Pre~Job Checklists." Appendix of this report provides the only copies of documented In~ House Accident Reports. Prior no :he fatality on May 02, 2006, the employer was not conducting end maintaining recordn on any previoue work rolotod ecoidontm. Thin woo confirmed by Mr. Dewayno Wilder, Job Site Foreman, for Tower Servicee, Mr. Kerry Klimeck. Prenident of Tower Qervicon and Ms. Johanna Bartley, Office Manager and Administrative Secretory for Tower Services. Appendix of this report provides the only oopiee of Tool Box Safety Talke that were conducted and recorded after the May 02, 2506, fatality investigation. This was confirmed by Mr. Dewayne Wilder, Jon Sine Foreman, for Tower Services, Mr. Kerry Klimeck, President of Tower Services and Me. Johanna Hartley, Office Manager and Adminierrative Secretary for Tower Services. Appendix of this report provides the only copies of Competent Person logs that were being documented and recorded after the May 02, 2006, fatality. Thin was confirmed by Mr. Dewayne wildor, Job Site Foreman, ior Tower Services, Mr. Kerry Klimeck, President of Tower Services and Ms. Johanna Hartley, Office Manager and Adminietrenive Secretary for Tower Sorvioee. This item in being written on high greater willful serious violation because the mont likely injury in doeth. It is willful becauec the employer recognized the hazard and documented in the company safety program 2? Establishment Name Tower Servicaa, Inc. CSHO/Optional S0082 RGPOIC Federal Inspection 309215986 the procedures to prevent the norardt Yet the employer never enforced their fall protection procedures. never required their site foramen to perform job site heterd anolyeeo or enforce their safety program and never disciplined any employees for failing to one fell protection. tmployoon one and two verified in my employee interviews thot it woo for them to work on all cell phono towers without using lenyarde. In my interview with Mr. Dewayne Wilder, Foreman tor Tower Services he confirmed what employees one and two informed me about the employees rarely using the lanyords no part of a fall arrest system of a poeitioning eyetem_ It was common to use the body hornoonee with the two~?oot long cable and the climbing safety devices installed on the towers. Description of equipment involved with violation: Cell phono tower and fall protection equipment. Other Appendix References: Appendix Appendix SN Appendix Copy of the Bluegrass Cellular Company cell phone tower map for all of their locotione in the State of Kentucky where they have cell phone tower locations. Letter of Confidentiality from Bluegreen Cellular Company related to confidential documentation provided in tho this report and evidence that supports this cone file. Eotobliehing the criteria and the research heels for the issuance ot cltatione in the E9 CFR 1926. Construction Regulations ~vs~ Citing the 29 CFR l91O. General lnduetry Regulation ss Counterinq the Employee Misconduct Defense ADDITIONAL INFORMATION: A willful violation exists under the Low where the evidence shows either on intentional violation of the Low or plain (n difference to its requiremente. A willful violation may exint under Chapter 338 where the evidence shows: (1). The nature of the emp1oyer*e business and the knowledge regarding safety and health matters which could reasonably be expected in the industry. Mr. Deweyne Wilder, Foreman for Tower Serviooe had received training for fall protection hazards in the month of April 2006- he and the other two omployeon had laminated cord which showed their certification of training in the previous month. Mr. Tony Armour, Mullonhorg County Coroner presented me with Mr. Sulfridge's certification training card for fall protection. Tower Services porformo work So! Bluegrass Cellular Company. Mr. Doug Udeoreff, Group Manager for Wireleoo Network, with Blomgraee Cellular Corpany stated that ?ower Servicem one almost exclusively worked for them for more than two yearn prior to thin 28 Establishment Name Tower Services, Inc. CSHO/Optional 2 S0082 019"06 Report Inspection 309215986 fatal accident. Therefore, Tower Servicas, Inc., is aware of th& nature of tha busin@$$ and thax ?311 are wxhrameiy in the nature wi their indusury. The Tower Services, Inc. Qafety manual md&rmss@s fall hazards and how no ensure that tha mmployaes mre to be procecned working on elevated heights; th@r@fozm, the company had the regarding safeny and health matters which could reasonably be expected in the industry. (2). The precaution taken by the employer to limit the hazardous conditions. In my inherviww with Mr. Dewayne Wilder. Foreman for Tower ha confirmed what one and two informed me about the employees rarely using the common no use the bo&y harnesses with the Lwo>>foot long cable tha Climbing Safmuy &evice confirmed and stated that before the two mmployeas climbed on lmnyards to connect to their harne$$eS. It WRS to attach to Mr. Wilder im$tal1?d on one side of the tower tha cell tower than he di& not take the mime to observe and ensure that hi$ emp1oyQQs were utilizing lanyards [bungee cor&S]. He did noi make sure they even had nheir lanyards wiuh them when they climbed the tower. He did not make any onsite observations while they ware exposed to falls whilw working on the cell tower either. Mr. Wilder staced that ha did not have t> I ol; Jroper?y cmed binoculars to mbserve and detect whether ble gmpqoyees I 1 off while working on any phone towers. (3). The amp1oyar's awareness of tha law and the responsibility to provida safe and healthful working conditions. Mr. Dewayne Wilder, Foreman for Tower Services had knowledge of Lhe 1926.500 through 503 construction standards because they had also demonstrated jus; mompluted fall protection training. Tha knowledge in that tha Qmployaas werw wearing body harnesses with the two~foou long cables to use with the climbing safety device inmtallm& on climbing safeay device for phone tower, but on?e they work they would disconnect the tower. The employwes were usmng the purpose of ascending and descending the C911 reachad the level where thay were to perform tne and did not use fall protection. Un this day Mr~ Su1?vidge and wmploywa number 1 was non wearing a lanyard or 1anYard$ vo prwveut ?a11m. The lanyards were laying in the back of Mr. Dewmyn@ Wi1der's pickup truck. The Tower Smrvices, Inc. safety manual addresmea fall hazards and how to ensure that the employees are protected when working on elevated heights. and distinguishes the difference between a Do$itioning device {cabl@ or short lanyard less than two feet) and 6Lh@r fall protection 5y$hem$_ Mr. Dewayne Wilder. Foraman, had tha knowladga regarding safety and health matters which could rea$0nably be Qxpecbed in the industry. (4). Whathor similar violations and I or hazardous condition have been brought to the attention of the employer. Mr. Dewaynm Wilder, Forwman for 29 Establishment Name Tower Services, Inc. CSHO/Optional S0082 I 019-O6 Report. Federal Inspection 309215986 Tower Services stated that he was aware of the hazardous conditions through f(C)Ymal "fai"iUQ ond even though the company has never been cited in the pest for noncompliance. (5). Whether the nature and extent of the violations disclose a purposeful disregard of the emp1oyer's responsibility under the law. In my interview with Mr. Uewayne Wilder, Foreman for Tower Services he oonfirmed what employees one and two informed me about the employees rarely using the lanyards as part of a fall arreet or positioning system. but it was common practice to use the body harnesses with the rwo~foot long oeble to otteah to the climbing safety device. Mr. Wilder confirmed and stated that before the two employees olimbed on the cell tower that he did not take the time to observe and ensure that his employees had the necessary lanyards to Cie off while working on the tower. He did not make any onsite observations while they were exposed to ialls while working on the cell tower either. Mr. Wilder stated that he did not have binoculars to observe and detect whether the employees were tied off while working on any cell phone towers. The lanyards were available on the job site and were laying in the back of the Tower Services, Inc.. pickup trunk which was also observed by Mr. Tony Armour, Mullenberg County Coroner. The Employee Misconduct Defense: On May 02, 2006, I oonduoted fatality investigation of Mr. Michael Sulfridge, Tower Technician who fell approximately 380 feet from a Bluegrass Cellular cell phone tower, in Central City, Kentucky. The Cell phone tower was being retrofitted with new updated receiving and transmitting equipment, and the new equipment was being added onto an existing cell phone tower. As a part of this fatality investigation I am also answering key questions which determine if an employer was at fault and should be issued citations as a result of an apparent violation, or if the employer can demonstrate that they are and have mer the Employee Misconduct oefense. Therefore, I em answering the following question in order to Counter any of Tower Services, Inc., misconduct defenses. The Employee Misconduct Defense: Countering. Justification for the issuance of the apparent willful Serious Citations. The employee misconduct defense states that when an employee is negligent or creates a violation by not following established training, instruction. andfor procedure the employer can assert an affirmative defense by showing: Does the employer have an effective Program designed to prevent the violation of this instruction or procedure? No, This is because 30 2 |-1-|uauu Establishment Name Tower Services, Inc. CSHO/Optional 2 S0082 I 019-06 Report Federal Inspection 309215986 in order for the employer to have an mffootivo 3&f@ty ano health programo the foreman on tho job sites must implomont its provisions and ensure that the employees on the job sites are provideo with and are wearing all of tho roquirod pxotoctivo oquipment. which in this case, body harnesses were available and wero being worn, but the that were available and loft laying in tho back of tho foremHn's utility vehicle [pickup truck) was not being used. On tho day of the fatality, two employees were exposed and working at the approximate 380 and 300 foot levels on the coll phone tower without wearing the lmnyords which would have prevented the fall if they were being worn and utilized. Does the employer have an effective training program instructions for the procedure? The employer just completed fall protection training in April of 2006 just a few weeks before Mr. Sulfridge fell the approximate 30 from the cell phono tower. It is readily apparent that a failure of the proviood training and not enforcing the provideo training thus mnsuring that tho fall protection training was not only effect, but was being full implemented and complied with. procedure time from 30", 2005 Im: was-: to ensure oquipment feet from for the the entire the first day of work which began on approximately April While Mr. Dewayne Nildor, Fortman, for Towex Doon the employer havo a moans of discovering violations I instruction? Tho foroman was on the jobsite Ssrvices. on the joboito, ho made on effort to observe his employees that they were utilizing all of tho fall protootion . . . . . . . . While the employees were woiking approximately 380 and .OO tho ground, Mr. Dowayne Wilder. Foromnn, for Tower Services, Inc., should have been utilising binoculars to watch them from the qround to onsuro the usago of the fall protection equipment. Additionally. the foreman was not conducting any morning safety checks before the work began, did not monitoz tho employees activities throughout the work shift, and he was aware that on May 02, 2006, tho employees wore not utilizing the lanyards that were laying in the back of the company utility vehicle either. Mr. Dewayne Wilder, Foreman. for Tower Inc-f &l$0 admitted that it has boon a regular practice in the past that he has not enforced or required that his tonstruction team use such equipment. Employees one and two each stated that it was a common practice not to use tho lanyards for foil pro t. fact t: .i on . 31 Establishment Nam# Tower Services, Inc. CSHO/Optional S0082 019-06 Raport Federal Inspection 309215986 Does the employer have a means of enforcement of their safety rulos and procedures? Yes the employer had the mean$ to enforce the usage of the fall protection equipment. The forammn simply mhmo$?$ an ignore the fall pr0&ection r@quir?m@nt$ which resulted the fatal death of Mr. Michael Sulfridge. Mr. Dewayne Wilder, Foreman, for Tower Services, Ina., also statwd khan he himself haS never issuad any Qmployee disciplinary actions for ihe failure of the employees not wearing the fall proaecnion equipment, an? Corporate oificem in Nixon. Tenn&s$ee w&s not to provide ma with any previous employue reprimands no demonstrate that they were enforcing the OSHA 29 CFR 1926. regulacions. Condlusionz Th& employer has demonstrated that they accepted the practice of not wearing the protective Lanyards for fall protection: uherefora. they can no longar considar this to be an employee misconduct. OSH-170 Statistics: Mr. Michael Allan Sulfridge, Tower Technician. 461 Mr. Harmon Road, Harrogate, Tennessee 37?52, October Rd. 1983, DOH: May 15, 2005, &Hd UOD: May UZ. 3006. PHOTOGRAPHS SUPPORTING VIOLATION Description: Photograph 2 shows the utility Cell phone tower that Mr. Sulfridge Hell from and landed on the ground. On May 02, 2006, an the Bluegrass Cellular cell phone utility tower facility located in Central City, Kentucky, the employer did not ensure that wearing of appropriate personal protective equipment Such aw attached to body harn&$S&S wera being used to prevent falls of approximately 380 feen, ?or all exposed employews, which resulted in the fatality of Mr. M1?ha@1 Allen Suliridge, Tower Technician. Description: Photograph 3 shows the utility cell phone tower that Mr. Sulfridge fell from and landed on che ground. On may 02, 2006, at the Bluegrass Cellular cell phonm utility tower facility located in Central City, Kentucky, where the employar di& not ensure than waaring of appropriate p&I50na1 protectivw equipment such as lanyaxds attached to body harneases were being used to pravwnt falls of approximately 380 feet, for all &xpo$@d employees, which resulted in che fatality of Mr. Michawl Allan Sulfridge, Tower Techwician. Description: shows the utility cell phon& tower that Hr. Sulfridga fell ?rom and landed on Ch@ ground. On May 02. 2006, at the Bluegrass Cellular call phone utility tower facility locatwd in Central City, Kentucky, where the employer did not ensure that wQaring of appropriate pmr$0ma1 protective equipment such as lanyards attached to body harnesses were being used no prevann Sally of approximately 380 Rvws, for all exposed employees, which resulted in the fatality of Mr. Allen 32 Establishment Numa Tower Services, Inc. CSHOfOptiona1 S0082 019~06 Report Federal Inspection 309215986 Sulfridgw, Tower Technician. Dascription: Photograph 6 ahows the utilihy call phone tower that Mr. Sulfridge fell from and landed on the ground, On May 02, 2006, at the Cwllular cell phona utility tower facility located in Central City, Kentucky. where the employer did not ensure that wearing of appropriate pmraonal protemuive equipment such as lanyards attached to body harnesses were being used to prevent falls of approximately 383 feet, for all exposed employees, which resulted in the fatality of Mr. Michael Allen Sulfridge, Tower Technician. Description: Photograph 7 shows the utility cell phone mower ahah Mr, fell from and landed on the ground. On May 02, 2006, at che Bluegrass Cellular cell phonw utility hower facility located in Cennrai City. Kentucky, where the employer did non ensure that wearing of appropriata pwrsonal protQQtive wqmipm@nt such as lauyards attached to body harnesses were being used to prevent falls of approx1mat@1y 380 t&mt, tor all @xpo$ed employvesf which rasuitwd in the fatality of Mr. Michael Allen Sulfridge. Tower Technician. Description: Photograph 08 showw the actual area of impact on the ground where Mr. Sulfridge landed on the ground which resulted in the fatality of Mr. Michael Allen Sulfri?ge, Tower Technician. Description: Photograph 09 shows the acuual area of imp&Cu on ground where Mr. Sulfridge landed on the ground which resulted in the fatality of Mr. Michael Allen Sulfridge. Tower Tachnician. Description: Photograph 10 shows cha actual area of impact on the ground where Mr. Sulfridge landed on the ground which reauited 1U the tatalmny QR Mr- Michael Allen Suliridgw, Tower Tamhnician. Duscriptionz Photograph 15 showa the umility cell phone tower that Mr. Sulfridge fell from and landed on the ground. On May 02, 2006, at the Bluegrasx Cmllular Cell phone utility tower facility located in Cenural City, Kentucky. where the employer did not Gnaure that w&ariuQ of appropriate p@r$ona1 protective equipment auch as 1anyard$ attached to body h&rneSse$ were being used to prevent fa11$ of approximately 380 feet, for all exposed employees. which resulted in the fatality of Mr. Hichawl Allen Sulfridge, Tower Technician. Description: Photograph 16 shows che utility cell phone nower than Mr. Sulfridge fall from and landed on tha ground. On May 02, 2006. at the B1u@gra$S Cellular Cell phone utility tower facility 1ocat@& in City, Kentucky, the Qmployar did not Qnsure that wearing or appropriate pwxgoual protmcuive eqmipmmnu such as lanyards aztachmd no ho&y ware being usad to prevent falls oi approximately 380 5991, for all exposed @mp1oy@@m, which resulued in the fatalizy oi Mr. Michael Allen 3ulfridg&, Tower Technician. 33 Establishment Name Tower Services, Inc. CSHO/Optional S0082 019-06 Report Federal Inspection 309215986 Description: Photograph 5 1? shows the OSH fatality investigation jobsite where Tower Seryioos, Inc., was working on a Bluegrass Cellular cell phone 400' high tower installing now transmitters and receivers, looateo at T00 Youngstown Road, Central City. Kentucky. This photo shows the coll phone tower that Mr. Sulfridgo fell the approximate 380 foot to the ground below This photograph was actually takon from Highway 431 South, Central City, Kentucky sitting in the oloverleaf area of the Western Kentucky Parkway. Description: Photograph 18 shows the OSH fatality investigation jobsite where Tower Services. Int., was working on a Bluegrass Cellular cell phone high towot installing new transmitters and receivers, located at Youngstown Road. Central City, Kentucky. This photo shows the sell phone tower that Mr- Sulfridge fell the approximate 380 feet to the ground below This photograph was actually taken from Highway &3l South, Central City, Kentucky sitting in the oloverleaf area of the Western Kentucky Parkway. Description; Photograph 19 shows the OSH fatality investigation jobsite whore Tower Services, Inc., was working on a Bluegrass Cellular cell phono 400' high tower installing new transmitters and receivers, located at 100 Youngstown Road. Central City, Kentucky. This photo shows the coll phone tower that Mr. Sulfrioge ?ell the approximate 380 feet to the ground below This photograph was actually taken from Highway 431 South. Central City, Kentucky sitting in the cloverleaf area of tho western Kentucky Parkway. Description: Photograph 20 shows the OSH tatality investigation jobsite where Tower Services, Inc.. was working on a Blusorass Cellular cell phone 400' high tower installing new transmitters and receivers, located at 700 Youngstown Road, Central City, Kentucky. This photo Shows the sell phone tower that Mr. Sulfridge fell the approximate 380 feet to the ground below This photograph was actually taken from Highway 431 South, Central City, Kentucky sitting in the cloverleaf area of the Western Kentucky Parkway. 34 Establishment Name Tower Services, Inc. csno/opuionai 2 S0082 U19-06 Repoxt F8d8K8l Inspection 309215986 SEVERITY ASSESSMENT HIGH BEVERITYS Death from injury or illness; injuries involving permanen; dieability; or Chronic, irreversible illnesmes- The moot serioug injury or illness which is reasonably prodictable as a result of an employee'e expomuro to this haxerd would be: Death. PROBABILITY ASSESSMENT GREATER The likelihood that an or illness will occur is judged to be relatively HIGH based on tho following feotore and reosonez This violation is greater because employees were working at heights of approx. 380 and 300 foot elevations on cell phone tower without fall protection on the day of the accident. The employees had also worked on the tower the previous day without fall protection. The employees were exposed at the point of danger to the hazard of falling Zor most of the time they were on the tower. The only time there was any protection was when the employees went up and down the tower while attache? to a climbing eefoty device inetallod on the tower. Once the employees reached working heights, they disconnected from the climbing safety device and worked without any protection from falling. An employee fell approx. 380 ?eet to his death. 35