StarBulletin.com

Union asks Legislature to probe worker's death


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POSTED: Saturday, May 01, 2010

The Hawaii Laborers' Union has asked for a state legislative investigation into the death of a worker in the collapse of a Hawaiian Cement tower at Campbell Industrial Park.

Al Lardizabal, government relations director for AFL-CIO Local 368, said yesterday that the “;measly”; fines imposed on each of two contractors for separate violations are “;utterly laughable.”;

Lardizabal's request for an investigation follows a Star-Bulletin report yesterday disclosing the findings of the state Labor Department probe and the fines.

State Department of Labor Director Darwin Ching imposed a fine of $750 on Nov. 13 on co-contractor AG Transport for failing to have a written engineering survey. General contractor San Construction LLC of Hawaii, which also received a $750 fine, was cited as the co-contractor for failing to do its prime contractor responsibility in ensuring compliance with Hawaii industrial safety standards.

On the morning of May 16, AG Transport employee Juan Navarro, 54, of South El Monte, Calif., died after the 168-foot tower collapsed on him during preparation for the tower's demolition.

A supervisor told labor investigators he and Navarro were making cuts in the legs of the pre-heater tower when they heard a pop and ran out. The supervisor said Navarro re-entered the tower base area, and it collapsed.

Lardizabal sent e-mails to state Sen. Dwight Takamine and state Rep. Karl Rhoads, asking for a separate investigation to determine the facts of the case and find ways to prevent further deaths and protect workers.

Takamine (D, Hilo-Honokaa) is chairman of the state Senate Committee on Labor, and Rhoads (D, Kakaako-Downtown) is chairman of the House Committee on Labor and Public Employment.

Lardizabal said he was writing the e-mail with a “;a bit of anger and frustration”; regarding the worker's death.

“;A worker died! Is his life only worth $750 to each violator?”; said Lardizabal, who is with the Laborers' International Union of North America. “;What are the consequences for the violators?”;

Lardizabal said he wanted to know whether the state Department of Labor and Industrial Relations did its part to prevent the accident and whether the workers involved in the demolition were informed about safety procedures.

Lardizabal said he felt there was no incentive for the violating contractors to change their ways and protect workers.

“;This is a simple slap on the wrist!”; he said.

Ching, whose department took yesterday off as a state furlough day, was unavailable for comment. San Construction official Sanford Ota and AG Transport owner Art Gersjes did not return Star-Bulletin telephone calls.