Company President Indicted in New York for Worker Deaths

Oct. 14, 2002
Phil Minucci, president of Tri-State Scaffolding & Equipment Supplies Inc., was indicted Oct. 10 for five counts of manslaughter in the second degree and four counts of assault in the second degree following a criminal investigation of a workplace accident that claimed the lives of five workers and injured many others on Oct. 24, 2001.

The workers were part of a crew renovating a property at 210 Park Avenue South in Manhattan. Nesa Inc. was the general contractor on the project; Tri-State Scaffolding was hired by Nesa Inc. to build the scaffolding; and New Millennium was hired to perform the demolition and restoration work. The scaffolding at the project approximately 160 feet high from bottom baseplate to the top, collapsed at approximately 4 p.m. on Oct. 24, 2001, killing five employees and injuring 10 more. Approximately 300 police and fire rescuers responded to the collapse. Manuel Barrariso, 40; Ivan Pillacela, 30; Efrain Gonzalez, 26; Donato Conde, 19; and Cesar F. Tenesaca, 25, were killed in the collapse.

In April, the Occupational Safety and Health Administration (OSHA) issued citations against Tri-State and the two other contractors for improperly erected scaffolding and failure to train workers on the hazards of working with scaffolding. Tri-State Scaffolding received two willful and four serious violations, with a penalty of $146,600, for erection of a scaffold that violated scaffold safety rules; for erecting a scaffold not designed by a professional engineer; and other violations of scaffolding and worker protection rules.

"This indictment is a strong message to employers and employees alike that violations of worker protection laws will not be tolerated," said Secretary of Labor Elaine Chao. "The deaths and injuries suffered by the workers in last October's incident were a preventable tragedy and a stark reminder that there are still dangerous workplaces in this country, including ones where Hispanic and other immigrant workers are employed. We are determined to take whatever steps are necessary to ensure that safety and health protections for all workers are vigorously enforced."

Department of Labor Inspector General Gordon S. Heddell noted that a "willful disregard for the safety and health of workers is an intolerable offense."

He said the Office of the Inspector General will assist the Department of Labor in "vigorously investigating and seeking the prosecution of employers and companies that blatantly place workers in harm's way."

Sponsored Recommendations

ISO 45001: Occupational Health and Safety Management Systems (OHSMS)

March 28, 2024
ISO 45001 certification – reduce your organizational risk and promote occupational health and safety (OHS) by working with SGS to achieve certification or migrate to the new standard...

Want to Verify your GHG Emissions Inventory?

March 28, 2024
With the increased focus on climate change, measuring your organization’s carbon footprint is an important first action step. Our Green House Gas (GHG) verification services provide...

Download Free ESG White Paper

March 28, 2024
The Rise and Challenges of ESG – Your Journey to Enhanced Sustainability, Brand and Investor Potential

Free Webinar: Mining & ESG: The Sustainability Mandate

March 28, 2024
Participants in this webinar will understand the business drivers and challenges of ESG and sustainability performance, the 5 steps of the ESG and sustainability cycle, and prioritized...

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!