Gary Puleio: Soltan 11/15/2001

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”. .

Thursday, June 28, 2007

Soltan 11/15/2001

11/15/01

Richard D. Soltan
Regional Administrator
OSHA
The Curtis Center
170 S. Independence Mall
Philadelphia, Pa 19106

Dear Mr. Soltan:

I am writing to obtain follow up to my letter of 10/28/01 regarding my concerns about the OSHA investigation into the death of my brother, Gary Puleio, on 8/15/01 at Meadville Redi-Mix and the discrepancies between the West Mead Township police report and the OSHA citation. I am enclosing a copy of this letter for your repeat review.

Although I have not received a response from either Mr. Stranahan or you, it appears that in the article “Redi-Mix pays penalty for worker death” Meadville Tribune, 11/15/01(attached) my concerns were dismissed by Mr Stranahan as “minor” and evidently not deemed worthy of a response.

This article reiterates, through statements made by Redi-Mix management, the totally implausible statement that my brother climbed to the turntable area on top of that tower on his own, without being instructed to by anyone. This appears contrary to statements made in the police report by the first 3 persons on the scene. Of note, neither of the Redi-Mix people quoted in the article gave a statement to the police.

Evidently by accepting this unbelievable statement as an irrefutable fact, OSHA has abrogated Redi-Mix from any responsibility for not providing safety devices nor a method of preventing that turntable from being turned on when someone is up there cleaning it.

I will not belabor the issues by repeating all of them but ask you to review the accompanying letter of 10/28/01 and the police report.

Do you indeed feel my concerns are “minor” and not worthy of a response from your agency? As a tax paying US citizen who now mourns the death of my brother, I would expect more accountability and concern from your agency.

Allow me to express my dissatisfaction and sadness at the callousness of your agency. I find this shameful.

Sincerely,

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

Enclosure: Letter to John Stranahan(CC: Richard Soltan) 10/28/01
Complaint Report 01-1040 West Mead Township Police Department
“Redi-Mix pays penalty for worker death” Meadville Tribune 11/15/01

CC: John Stranahan, OSHA, Suite B12, 3939 West Ridge Road, Erie, PA 16506
CC: John Henshaw, Assistant Secretary of Labor for Occupational Health and Safety, USDOL, 200 Constitution Ave. Washington, DC 20210
CC: Congressman 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 , 6th and State St, Erie, Pa 16501
CC: Representative Phil English, 312 Chestnut St. Meadville, Pa 16335
CC: The Meadville Tribune, 947 Federal Court, Meadville, PA. 16335