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Cave-in deaths ruled accidental

Mar 25, 2008 | VALERIE WELLS | Hattiesburg American

The deaths of three workers in a cave-in Friday were accidental, Forrest County Coroner Butch Benedict said Monday. Benedict said autopsies indicated the men died of suffocation.

Three employees of American Air Specialists died Friday as they were connecting a sewer line at 223 J.M. Tatum Industrial Drive. They were buried under about eight feet of clay and wet dirt.

The victims were Leonardo Navarro Diaz, 30, of Sumrall; Brandon Edward Rathbone, 19, of Hattiesburg; and Wayne Dale Kelly, 55, of Columbia.

Meanwhile, Tim Bright, 38, of Petal, an employee of L&A Contracting Co., died Saturday of injuries he sustained in a March 13 ditch collapse on Lois Lane in Lamar County. An autopsy has been ordered, said Philip Carlan, deputy coroner in Lamar County.

Meanwhile, federal investigators continued their investigation of Friday's cave-in.

"We need to interview the employer and employees and review the training," said Clyde Payne, director for the Jackson office of the U.S. Occupational Safety and Health Administration.

American Air Specialists issued its first comment on the cave-in Monday.

The company, in an unsigned prepared statement, said, "We at American Air Specialists have been deeply saddened by this tragedy. We consider each employee a part of one big family. We have been in business for over 50 years and have high regards for the safety of each and every employee."

The company said it is "still in the process of working with the proper authorities, such as OSHA and local officials, to gather information on the accident."

Company officials were not available to answer questions, including what safety measures were taken and if regular inspections took place.

Payne said the primary ways for workers to remain safe while laboring in trenches include cutting back the trench wall, installing an aluminum hydraulic support mold or using a trench box - a steel or wooden device that prevents the soil from caving in.

Benedict, who was at the cave-in site Friday, said he did not see any safety devices at the scene.

OSHA has a lengthy list of rules regulating the digging of trenches of four feet or more. Among them is a requirement for daily inspections by a "competent person" of the employer's choosing to ensure that safety precautions are taken. However, those inspections are not required to be documented.

Payne said the employer could be faced with citations and fines if the investigation determines federal safety guidelines were ignored.

"It just depends on where the trail leads. We gather quite a bit of information," Payne said. The investigation could take several months, he said.

Hanco, as the general contractor, would have some oversight of the subcontractors. Phil Hanberry, owner of Hanco, did not release details of how his company oversees safety precautions taken by subcontractors.

"At this point, it's not good for me to provide this information. Our hearts and prayers are with the families. We are working with the OSHA investigation," Hanberry said Monday.

Saddle Creek Corp., based in Lakeland, Fla., owns the site and will operate the Sam's Club distribution center now under construction.

Company officials would not say how they ascertain safety is maintained on their sites or what is required of contractors.

"I really can't comment on that level of business," said Cliff Otto, president.

The cave-in could produce civil lawsuits. District Attorney Jon Mark Weathers said his office could get involved, but only after OSHA completes its investigation.

"We'll let that investigation get through, and then look at it to determine where we go from there, if anywhere," Weathers said. "We'll not only get a conclusion about what happened - and we know what happened - but what caused this unfortunate incident."

Hal Kittrell, district attorney for Lamar County, said he doesn't believe there will be criminal charges in the ditch collapse that killed Bright.

Kittrell said his office had not seen anything "to indicate at this time any sort of criminal investigation pertaining to the cave-in" on Lois Lane.

"In most scenarios, where there's a criminal or civil component, it's usually the criminal component that is tried first, but the threshold that would get this into the criminal system would be so high," he said.

For that to happen, an investigation would have to reveal "malicious intent," which would be putting someone in danger on purpose, or "culpable negligence," the worst level, surpassing simple negligence or gross negligence.

The city of Hattiesburg issued a new building permit Monday for the construction site at the industrial park.

Bill Rodgers, a building official with the city, said the new permit was due to a clerical error. Other permits had been issued for work on the site in October and January, but those were not available to view Monday.

The building permit lists Hanco Corp. as the contractor on the project. Pedesco Inc. is listed as doing electrical work and American Air Specialists is listed as doing mechanical work.

City inspectors would not normally inspect sewer lines, Rodgers said, unless asked by a contractor.

"It's not part of the building," Rodgers said.