Stranahan 10/11/2001

10/11/01

John H. Stranahan
USDOL-OSHA
Suite B12
3939 West Ridge Road
Erie, Pa 16506

Dear Mr. Stranahan:

I am writing to offer my comments and seek further information about the citation issued on 9/28/01 to Meadville Redi-Mix Concrete, Inc. (Inspection Number 303706683) in the death of my brother, Gary Puleio.

Allow me to summarize the events that lead to the issuance of this citation. Gary Puleio, a 53 year old father of two children aged 10 and 3, had only been employed as a truck driver by Redi-Mix for 3 months prior to his death. He died on 8/15/01 after falling 20 feet into a cement mixing tower. He was alone on the tower performing a job outside of the scope of his truck driving responsibilities, with no prior training nor any safety devices in place.

The Erie Times-News article concerning his death “Worker dies at Meadville concrete plant”, 8/16/01, stated that the “normal” procedure at Redi-Mix was for workers to be on the tower in twos not alone. One would assume that an individual’s experience, age and general health and fitness level would be taken into account when assigning risky tasks. My brother was 53 years old, had a history of knee problems for which he had recently been receiving physical therapy and prior to working for Redi-Mix, held straightforward truck driving jobs.

We, Gary’s family have many questions surrounding Gary’s death. On 8/30/01, I sent you, John Stranahan, a certified letter requesting all information on this case under the Freedom of Information Act. I had been contacted by the Erie office and told all information would, indeed, be sent to me.

On 10/3/01, a copy of the citation was sent to Linda Puleio, Gary’s widow. When I did not receive a copy of the citation by 10/10/01, I called the Erie office to see why the promise made to me had not been kept.

Although I had not yet received a copy of the citation, I was made aware of its contents by my grieving sister-in law and had the opportunity to discuss the findings with Jim Watson, the Compliance Officer who investigated the case.

Redi-Mix was cited for a REPEAT violation of 29 CFR 1910.146(c)(2):
The employer did not inform exposed employees, by posting danger signs or any other equally effective means, of the existence and location of and danger posed by a Permit Required Confined Space (PRCS). Redi -Mix was also cited for a REPEAT Violation of 29 CFR 1910.146(d)(1): Under the Permit Required Confined Space (PRCS) program required by 29 CFR 1910.146(c)(4), the employer did not implement the measures necessary to prevent unauthorized entry.

I asked Mr. Watson why there was no mention of the absence of safety devices, the lack of training and experience of my brother and the condition of the area surrounding this non permitted “confined space”.

Mr. Watson stated that he was told by Gary’s supervisor, Jim Fulmer, that Gary had been assigned the task of cleaning a conveyor belt . Evidently, he told Mr. Watson that Gary TOOK IT UPON HIMSELF to go the top of this tower alone, with out being told to do so by anyone. “On a whim”, I suppose.

Mr. Watson further informed me that Dennis Winkler, a concrete technician, saw Gary walk up the tower. If being on the tower alone is contrary to company policy and if Gary, indeed, would not have been assigned such a task, then why did Mr. Winkler not tell Gary to get down from there or report him to his supervisor for presumably acting irresponsibly on his own?

Thus I presume that this unbelievable statement of extremely unlikely veracity abrogates Redi-Mix of any culpability in not providing training, supervision or safety devices to Gary.

The only person who could refute what Mr. Fulmer claimed he told Gary on 8/15/01 is Gary himself but, of course, that is impossible because GARY IS DEAD. Linda, Gary’s widow, however, told me that Gary had come home from work on 8/14/01 and told her that he was assigned the task of “shoveling gravel off the hopper” that day and expressed worry about his safety. Gary’s family and friends know he had a lifelong fear of heights.

I therefore find it impossible to believe that Gary, a 53 year old man with knee problems and a fear of heights would choose to go up on top of that tower on his own.

Surely, this supervisor cannot be regarded as an objective witness. If he said he had directly assigned Gary the task of going to the top of the tower he would be exposing himself and Redi-Mix to the potential of receiving more serious violations and fines.

I find it unconscionable that the neglect that resulted in my brother’s death could be so easily dismissed. A fine of $6000 is pathetic and insulting when the life of a hard working cautious man like Gary was so callously thrown away.

Furthermore, the citations in Gary’s death were REPEAT ones. I would like to know the circumstances that lead to the previous citations. Perhaps other workers decided “on a whim” to climb to the top of this tower too.

Likewise, I would like to know if workers are EVER assigned to go to the top of the tower to clean it. What sort of training, experience, supervision and safety devices are provided to them? Were there any safety devices available so that Gary could have used them “on a whim” when he climbed that tower? When was the last time anyone was assigned to go to the top of the tower to clean it prior to Gary’s death?
Is there a record of who may have been “shoveling gravel off the hopper” on 8/14/01?

The citation also contains a “notice to employees of informal conference” . The date and time are left blank. Will our family be informed of the time so we can attend as “representatives of employees” (i.e. a representative of Gary)?

I am appalled at the egregious actions of Redi-Mix and how little my brother’s death means to OSHA. I find this truly shameful.

This tragic event and its aftermath have made me aware of how much needs to be done to protect worker’s lives. I plan to continue to seek answers in this case and share my findings and concerns with the community, elected representatives and those interested in workers safety.

Please add this letter to Gary’s file. I anxiously await your response to my questions and all other information such as subsequent settlement agreements and Review Commission decisions as outlined in OSHA Directive CPL 2.113- Fatality Inspection Procedures. Recall, you have already received my request for information under the Freedom of Information Act.

My family will suffer forever over the loss of Gary. His children will forever be without their father. A hard working decent man is gone forever.

May the actions of Redi-Mix and your response to them be forever on your conscience as you go forth with this case and others.


Sincerely,



Donna Puleio Spadaro MD
R. D. 2 Box 18
309 Warren Rd
Franklin, Pa. 16323
Work 814-437-7891
Home 814-432-5450

CC: Richard D. Soltan, Regional Administrator, OSHA, The Curtis Center, 170 S. Independence Mall West, Suite 740 West, Phila, Pa 19106-3309