Occupational Safety and Health Administration investigators
plan no additional citations in June's deadly Center City building collapse
beyond the two small contractors they hammered last month with $397,000 in
fines, the agency said Thursday.
The nonaction is a positive development for the Salvation
Army and several of its employees who were interviewed by OSHA about working
conditions before a four-story brick wall fell onto the charity's thrift shop
at 22d and Market Streets, killing six, leaving 14 injured, and leveling the
store.
"Campbell Construction and S&R Contracting are the
only entities that will receive citations for the accident," said U.S.
Labor Department spokeswoman Lenore Uddyback-Fortson.
The Salvation Army's store manager and assistant manager
both told OSHA that debris from the demolition had been falling on and around
their building for several weeks before the June 5 collapse.
'Little comfort'
While store employees talked with each other about the
possibility of a serious accident, they did not formally report their concerns
to superiors - in part because they thought the supervisors already were aware
of it.
The owner of the building being demolished, STB Investments
Corp., had sent e-mails to the Salvation Army warning about demolition hazards.
But the charity's executives were unaware that the demolition contractor had
brought in heavy equipment to commence basic structural work, said Salvation
Army attorney Eric A. Weiss.
"OSHA's decision, while correct, provides little
comfort for the losses endured by Salvation Army employees and patrons,"
Weiss said.
The Salvation Army remains a defendant in civil lawsuits
filed by collapse victims and their families.
'Fearful'
Robert Mongeluzzi, one of the plaintiff's attorneys, said
OSHA's decision not to cite the charity would not impact those cases.
"Its own employees were fearful the building next door
would collapse and crash into them. Despite that, they kept their store open
and misrepresented to customers that it was safe," Mongeluzzi said.
Meanwhile, demolition contractor Griffin Campbell on
Wednesday denied OSHA's contentions that he violated safety rules in the Market
Street collapse, appealing $313,000 in fines.
A legal filing by Campbell's attorney, William Hobson, said
any blame should be placed on Plato Marinakos, the architect who hired Campbell
and acquired the permits for the demolition.
Marinakos was granted immunity from criminal prosecution for
his testimony to a grand jury that indicted Campbell last month on six counts
of third-degree murder.
Source: Philly.com
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