Firm Fined in Death of Subway Worker

A contractor on the Metro Rail subway project was cited by state officials Monday for serious safety violations in connection with the July death of a construction worker in Universal City.

The citations came less than six months after the same company, Tutor-Saliba-Perini, was cited for violating state safety laws in the death of another worker in February.

The California Division of Occupational Safety and Health (Cal/OSHA) issued five citations against the company, three of which the agency linked to the July 25 death of Eleazar Montes. Montes fell more than 30 feet at a Universal City construction site when the wooden platform on which he was walking collapsed.

“We feel that Tutor-Saliba-Perini violated OSHA regulations, and that three of the violations led directly to the death of Eleazar Montes,” said Mark Carleson, deputy chief of Cal/OSHA.

Cal/OSHA’s investigation found three serious violations: that defective wood was used in the scaffolding on which Montes was working, that the wood was not properly inspected and that although Montes was wearing a safety belt, there was no safety line to which he could attach it, according to Carleson.

Cal/Osha also cited the contractor for two violations found during the agency’s investigation that were not linked to the accident.

All of the violations are classified as serious, and the fines for the citations total $25,250.

Carleson said he expects the company to appeal the citations and fines.

Tutor-Saliba-Perini officials could not be reached for comment.

The firm was fined earlier this year for safety violations after one of its workers was crushed by a half-ton container in Hollywood. The two deaths were the first in the multibillion-dollar subway project’s 10-year history.

Montes, a 33-year-old carpenter, had climbed up scaffolding at the subway station under construction across from Universal Studios when he fell and hit his head.

The Cal/OSHA investigation found that a 4-by-4-inch piece of wood supporting the platform on which Montes was standing broke, Carleson said.

Two of the violations related to the accident--one for failure to inspect the lumber used in the platform and another for failure to properly train workers to select lumber for platforms--carry fines of $7,000 each. The third violation linked to the accident, failure to provide proper rigging, carries a $3,750 fine.

The two violations not found to be directly related to the accident involved the engineering of wooden platforms and the failure to secure cross-supports on platforms. The fine for each of those violations is $3,750.

The earlier death of a Tutor-Saliba-Perini worker occurred Feb. 15. Jaime Pasillas, 52, was crushed by a refuse bin when the chain being used to haul the bin snapped.

Cal/OSHA cited the company, concluding that Tutor-Saliba-Perini used a substandard chain for the heavy load. The company was cited for 14 mostly serious violations with fines totaling $70,500.

Tutor-Saliba-Perini is appealing the fines.

Until this year, the most serious injuries on the subway project involved three workers who were burned in a 1994 tunnel explosion under Vermont Avenue and a worker whose leg was amputated in a 1995 accident in a tunnel under Hollywood Boulevard.

Times staff writer Stuart Silverstein contributed to this report.