Gary Puleio: Spadaro to Fairfax 4/13/2002

Gary Puleio

Gary was killed on the job at a concrete plant on August 15, 2001. He had been employed there only 3 months as a non-union cement truck driver and fell 25 feet to his death, from a cement tower, while shoveling gravel off the hopper to clean it. The company claimed Gary just wandered up there on his own, without wearing any safety equipment, at the end of his driving shift rather than being assigned this dangerous task because he was the “new man”. OSHA accepted this implausible story and after admitting no wrong doing, the company paid a $6000 fine for REPEAT violations for not posting danger signs at a confined space and not implementing measures to prevent unauthorized entry. This company had multiple serious violations issued only months before Gary was killed which were informally settled with reduced fines. Corporations routinely “negotiate” with OSHA to downgrade fines through a process called “abatement. ” Aggrieved families of dead workers have no such access to OSHA, face hurdles in obtaining information under the Freedom of Information Act, have their concerns condescendingly dismissed and ultimately are told that no further action can be taken once 6 months have passed since the “alleged violation”. .

Monday, June 25, 2007

Spadaro to Fairfax 4/13/2002

I write to Fairfax telling him I received Shapiro's letter and await his review. NOTE that is already APRIL 2002, SIX MONTHS after Gary was killed. According to OSHA law one has only SIX months to contest fines.

4/13/02

Mr. Richard Fairfax
Director of Compliance Programs
OSHA
Room N-3603
200 Constitution Ave, NW
Washington, DC 20210

Dear Mr. Fairfax:

I am writing in regard to a letter I received from Mr. Robert A. Shapiro, Associate Solicitor for Legislation and Legal Counsel, in which he informed me that he has denied my appeal (FIOA Appeal No. 020065) for records pertaining to the OSHA investigation of my brother’s death and has referred the case to you for review and reconsideration of the substantive issues raised by my appeal. I am pleased that this case will finally be reexamined and remain hopeful that my concerns about the adequacy and thoroughness of the investigation will be addressed.

Mr. Shapiro’s letter indicates that he has forwarded you a copy of my appeal letter which outlines my concerns. I am enclosing additional correspondence for your review. Please do not hesitate to contact me if you have any questions.

I anxiously await your review of this case.

Sincerely,

Donna Puleio Spadaro MD.
309 Warren Rd
Franklin PA 16323
814-437-7891
814-432-5450

CC: The Honorable John Peterson, 115 West Spring St. Titusville, PA 16354
CC: Senator Rick Santorum, 1705 West 26th St., Erie, PA 16508
CC: Senator Arlen Specter, Room 107, Federal Building, Erie, PA 16501
CC: The Honorable Phil English, 312 Chestnut St. Suite 114, Meadville, Pa 16335
CC: Robert A. Shapiro, Associate Solicitor for Legislation and Legal Counsel, U. S. Department of Labor, 200 Constitution Ave NW, Washington, DC 20210
CC: The Honorable John Henshaw, Assistant Secretary of Labor, U. S. Department of Labor/OSHA, 200 Constitution Ave., NW, Washington, DC 20210