$62,500 in OSHA fines appealed in 2023 Harbor Bridge project crane accident inquest

Four fines totaling $62,500 leveled by federal safety officials against the operators of a Harbor Bridge project crane that malfunctioned and burned last year have been challenged and an appeal process appears to be underway.

The incident sent debris cascading into a work zone below the tower crane and into part of Whataburger Field during a Corpus Christi Hooks baseball game.

The bridge contractor and federal regulators confirmed Friday that fines are being contested, but the status of negotiations was unclear.

The accident injured the wife of a visiting baseball player when debris from an 18,000-pound concrete bucket smashed into the ground below as part of the crane caught fire.

The four fines were imposed last month against Flatiron/Dragados, LLC.

"The citations were contested by the company, discussions are ongoing at this time," Chauntra Rideaux of the U.S. Department of Labor's Office of Public Affairs in Dallas said Friday. She said any fines assessed would be paid once a settlement is reached.

Rideaux also said Friday that the settlement is not yet finalized.

Flatiron/Dragados LLC likewise had little comment.

"We are pleased to note that after an ongoing review and further discussions with OSHA, the citations have been withdrawn," said Flatiron/Dragados LLC Public Information Manager Lynn Allison. "As always, safety for our workforce and the public remains our highest priority. We are unable to provide further comment at this time."

"Our understanding is that Inspection: 1665883 has been resolved and is or is in the process of being closed by OSHA," Allison noted.

The violations, all listed as “serious” by the Occupational Safety and Health Administration (OSHA), included the manner in which the South Pylon tower crane was operated, employee certifications and a lack of inspections.

A Texas Department of Transportation (TxDOT) spokesperson declined to comment on the OSHA investigation while it was ongoing. The agency did not respond to a request for comment Thursday.

Scary sight, flying debris

Port of Corpus Christi surveillance footage obtained by the Caller-Times last year showed a person running from the area under that falling bucket and debris on April 22, 2023, when that tower crane associated with the new Harbor Bridge construction project malfunctioned.

Workers told a Port of Corpus Christi police officer that the crane had a "brake issue" earlier in the day, according to a police report obtained by the Caller-Times.

“The brake issue had caused a concrete bucket to become suspended in the air and not able to lower or raise,” the police report stated. “I was advised that both workers were attempting to diagnose and fix the issue when something broke. It was not determined by the workers what had broken. The concrete bucket came down at a rapid rate crashing into the ground. The concrete bucket had lodged itself into the ground when it hit.”

Workers said a blaze began atop the crane in “containers of grease located at the top to help lubricate the cables,” the police report states.

The report said a crane operator tried but failed to put out the fire with an extinguisher, and neither of the operators were injured during the incident. Emergency officials allowed the fire to burn out.

OSHA: Inspections not done

OSHA stated in its Inspection Detail report that every month the crane was in service it was supposed to be inspected in accordance with federal rules during each shift.

The OSHA document said in part that at the time of the incident “the employer did not maintain and provide monthly inspections for Linden Comansa Tower Crane operated around the clock,” OSHA wrote in one report. “As a result, the employee hired to maintain the crane maintenance could not properly maintain the crane.”

A fine of $15,625 was imposed Dec. 22 for that violation following an informal settlement agreement, according to an OSHA document.

Unauthorized crane operations

A similar fine was issued related to how the crane was operated.

The OSHA document also said in part that at the time of the incident “the employer allowed the load to be manually lowered with a modified brake system where procedures were not readily available, and no registered professional engineer approved the modified crane use,” OSHA found. “This condition posed a catastrophic failure of the suspended 18,000 lbs concrete bucket and struck by hazard to those on the ground and fall and struck by hazard to those on the crane.”

Crane operator certifications

A third violation also resulted in a $15,625 fine Dec. 22 over general requirements for crane operators.

“The employer did not ensure that each operator is trained, certified/ licensed, and evaluated in accordance with this section before operating any equipment covered under subpart CC, except for the equipment listed in paragraph (a)(2) of this section,”  the violation report stated. “On or about April 25, 2023 and at times previous, employees conducted a manual descent of a load on the South Pylon tower crane without having been trained in the proper procedures and were exposed to struck by hazards in the event of failure.”

Prohibited equipment modifications

The fourth violation, which also had a $15,625 fine attached, was due to prohibited “modifications or additions which affect the capacity or safe operation of the equipment,” the document stated.

“On or about April 25, 2023 and at times previous, employees modified the brake system to allow manual lowering of an 18,000 lbs suspended load using handles and the procedures were not approved by a registered professional engineer or the crane manufacturer,” the final violation notice stated. “This condition caused the load to fall in an uncontrolled manner.”

OSHA has an appeals process

OSHA documents state that “a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.”

OSHA may propose a penalty for each violation, an OSHA document stated.

OSHA provides employers with a process to contest any portion of a citation.

Those wishing to contest "must submit a Notice of Intent to Contest in writing to the OSHA area office within 15 working days after receipt of the Citation and Notification of Penalty. This applies even if you have stated your disagreement with a citation, penalty, or abatement date during a telephone conversation or an informal conference," an OSHA document states.

"Your contest must be made in good faith. OSHA will not consider a contest filed solely to avoid your responsibilities for abatement or payment of penalties. A proper contest of any item suspends your legal obligation to abate and pay until the item contested has been resolved," the document states. "...After you file a Notice of Intent to Contest, your case is officially in litigation. If you wish to settle the case, you may contact the OSHA area director who will give you the name of the attorney handling your case for OSHA. All settlements of contested cases are negotiated between you and the attorney according to the rules of procedure of the OSHRC."

This article originally appeared on Corpus Christi Caller Times: 2023 Harbor Bridge project crane failure sparked $62,500 in OSHA fines