Wrongful Death Attorney says OSHA findings lend credence to suit after two die in Mobile
An attorney for one of the victims called the Occupational Safety and Health Administration’s proposed $257, 707 in fines and its finding of 16 serious violations a significant development in the families’ case, and the wrongful death attorney said the agency’s conclusions support the civil lawsuit’s allegations of unsafe conditions.
Wrongful Death Attorney: Maggio says findings 'lend credence' to suit
Stephen Maggio, who represents the family of one of the deceased workers, said the OSHA findings do not directly change the family’s litigation position in court but that they "lend credence" to claims that the work site was unsafe and that oversight was lacking. Maggio represents the family of Gerver Adalberto Rivas Bargas, and he said Rivas Bargas left behind five children, most younger than 18, in Guatemala.
OSHA cites 16 serious violations, proposes $257, 707 penalty
Federal investigators concluded a six-month probe with a determination that the lead contractor, Construction Labor Services in Eight Mile, committed 16 serious violations and proposed civil penalties totalling $257, 707. The agency also found that the employer lacked confined-space entry programs, procedures, training and emergency-response plans, including plans to determine acceptable entry conditions for confined spaces.
The deaths stem from an Aug. 11 incident in the Princeton Woods subdivision in west Mobile during work on a sewer bypass for the Mobile Area Water and Sewer System. Garrett Robertson and Gerver Adalberto Rivas Bargas did not come out alive after being overcome by sewer gas. One other worker regained consciousness and self-rescued. Local accounts describe the workers entering a trench in Princeton Woods, while federal investigators characterized the workers as inside a manhole; that discrepancy appears in the official record.
Court fight and next steps for families and companies
The civil suit names Construction Labor Services and a Mississippi firm, Irisela Construction LLC. Irisela has not responded to the lawsuit, and Maggio has asked Mobile County Circuit Judge Jay York to enter a default judgment against Irisela and an individual named in the suit. A hearing on that request is set for next week.
Construction Labor Services filed a response denying the allegations and has said it was a "special employer" and therefore immune from the lawsuit. The company also has the opportunity to contest OSHA’s findings with the Occupational Safety and Health Review Commission before any penalties become final.
Maggio said his initial investigation of the accident led him to expect the OSHA result and that the companies failed to make proper safety equipment available on the day of the accident, though he acknowledged no employer can eliminate every risk. The OSHA findings give the families additional material to use in civil court, the wrongful death attorney said.
Next scheduled events include the court hearing on the default-judgment request next week and the period in which Construction Labor Services may contest OSHA’s citations with the Occupational Safety and Health Review Commission.
