State Labor Department Issues Citation Following Worker’s Death At Uptown Construction Site In May
The Latest:
The North Carolina Department of Labor has issued citations on Gilbane Building Company for four alleged “serious violations of the Occupational Safety and Health Act of North Carolina.” The citations carry a penalty of more than $20,000 in fines.
You can read the full letter from the NC Department of Labor by clicking here: Gilbane Building Co Citations.
Gilbane released the following statement after receiving the citations:
“The safety of our employees and the workers on our jobsites is our priority at Gilbane. This priority aligns with our Core Values. From the time of the accident, Gilbane has continued to work with and support OSHA during its investigation. OSHA has issued its citations as an initial step in the regulatory process, and we will continue to have discussions with OSHA as this process moves ahead.”
According to a release, Gilbane has 15 working days from their receipt of the letter to request an informal conference with the Labor Department, file a notice with OSHA to dispute the claims or pay the penalty.
Gilbane has reportedly asked for an informal conference that is scheduled for December 17.
Officials say the company will be able to ask questions, address problems or concerns, and present evidence and abatement verification. The conference will then result in one of the following outcomes:
- The Department of Labor considers the employer’s information and decides to issue amended citations. The employer retains all of its appeal rights if this happens.
- The department issues a “no change” letter, meaning that the citations will remain as they were originally issued. The employer has 15 working days from the day it receives the no change letter to file a notice of contest with the Occupational Safety and Health Review Commission of North Carolina or pay the penalty.
- The department drafts an informal settlement agreement if it is determined that an agreement would be beneficial to employee safety and health or to expedite abatement or to resolve the case. The informal settlement agreement may include penalty reduction, modifying citations, mandating the establishment of safety and health guidelines, or requiring the correction of similar hazards at all company locations. The agreement will also include a statement that the employer waives the right to contest the citation issues and penalties agreed upon. The company has 15 working days to decide if it wants to sign the informal settlement agreement or file a notice of contest with the OSH Review Commission.
Check back for updates.
Original Story (Posted May 23, 2018):
CHARLOTTE, NC — A worker was killed in Uptown Wednesday afternoon after officials say he fell from a building that’s currently under construction.
The incident happened at the construction site on the 600 block of South Tryon Street around 3:48pm. 24-year-old Juventino Mata-Hernandez was pronounced dead at the scene.
Investigators say Mata-Hernandez was riding in a construction elevator when he fell out on the 19th floor.
The Occupational Safety and Health Administration, OSHA, has been contacted, and will be conducting their own investigation into the incident.
Check back for updates.
