Miami firm faulted in a fatal lift accident on I-95. The company will fight the fine

A federal agency blames the December death of a worker in a lift collapse on Interstate 95 in Fort Lauderdale on The de Moya Group, a Northwest Miami-Dade highway and bridge construction company.

The company disagrees with the Occupational Safety and Health Administration investigation and says it will contest the citation, which proposes a $58,942 fine. OSHA is an arm of the U.S. Department of Labor.

What’s not in question is that The de Moya Group was handling the expansion of a bridge south of Sunrise Boulevard next to the southbound lanes of I-95 when a lift with two de Moya Group employees came down. A 46-year-old employee was killed and a 52-year-old worker was injured.

READ MORE: One person died in the lift crash that closed southbound I-95 in Fort Lauderdale

Labor says OSHA investigators “learned that a 90-foot long, 18-by 18-inch concrete pile weighing 35,000 pounds broke free of its restraints when the supporting crane shifted in unstable soil and, then, struck the lift’s boom, causing the two carpenters to fall onto the roadway below.”

Four Serious violations and one Other-Than-Serious violation comprised OSHA’s Citation and Notification of Penalty. The four serious violations say that The de Moya Group:

“Failed to provide ground conditions that were firm and adequate support, exposing employees to struck-by hazards from an unstable crane.”

“Failed to inspect a Clark Lima 1500C crane, in that the windows of the operator’s cab were observed with cracks that impacted the view of the operator, thus exposing employees to struck-by hazards.”

“Did not conduct monthly inspections on the Clark Lima 1500C that was being used during pile driving operations.”

Used a Clark Lima 1500C crane “with a modified swing control, with a white box and toggle switch, exposing employees to the hazard of being struck by a crane or load carried by the crane.”

OSHA Area Office Director Condell Eastmond said: “This tragedy never should have happened. A worker lost his life and a co-worker suffered life-altering injuries because The de Moya Group failed to follow industry-recognized and federally required safety measures.”

An email to the Miami Herald from The de Moya Group risk manager Elena Valdes said: “The de Moya Group takes jobsite safety very seriously and is continuing its investigation into this tragic incident. The results of our preliminary evaluation are inconsistent with the citation issued by OSHA and we are contesting the citation with the review commission.

“The De Moya Group has and will continue to follow all safety protocols to ensure that its projects meet all necessary safety requirements.”