PESH issues violations to state agency after workplace death BEAR MOUNTAIN – An investigation into the Aug. 7, 2013, workplace death of CSEA Palisades Park Commission Local member Lance Gayton has resulted in the state Department of Labor’s Public Employees Safety and Health Bureau (PESH) issuing five serious violations to the state Office of Parks, Recreation and Historic Preservation (OPRHP). CSEA has worked cooperatively with PESH representatives to ensure both a full investigation of the incident that led to Gayton’s death and accountability from OPRHP officials in the wake of this preventable tragedy. “Had proper training, equipment and resources been provided, this tragedy would have been prevented and Lance’s family would not be without their husband and father,” said CSEA Southern Region President Billy Riccaldo. “A safe workplace is a right, not a privilege. Our CSEA Occupational Safety and Health Department representatives have been working closely with PESH and our CSEA local leaders to ensure OPRHP comes into compliance with the violations that resulted from Lance’s death, and stays in compliance.” Gayton, 61, died after an incident that occurred while working alone in Harriman State Park. He was using a front loader to place a hydraulic hammer upright when the hammer fell and struck and critically injured Gayton. A co-worker soon discovered Gayton and called for help. Gayton was later pronounced dead at a local hospital. The five PESH violations resulted from issues that included failure to train workers on proper use of the hydraulic hammer, failure to properly identify and inspect the alloy steel chain slings used to lift the hammer, unauthorized modification of the front loader by welding D-rings to the loader bucket, and the unsafe practice of allowing an employee to work under or beneath the front loader bucket and the hydraulic hammer. PESH first issued the violations Sept. 11, 2014. At a follow-up meeting held in early November, PESH officials determined that OPRHP had come into compliance. “Everyone that goes to work expects to be safe and to return home,” said CSEA Palisades Parks Local President Danny Corigliano. “This accident was a wake-up call. Lance was very well-respected, a gentleman and a role model. We are working diligently with PESH and OPRHP to ensure the violations are resolved and that the park remains in compliance.” Gayton ALERT Photo of the Month Photo by Brian Cummins — Jessica Ladlee All CSEA Members If you are contacted or receive communication from the newly formed Justice Center, contact your local president immediately so that they can answer the questions you may have. CSEA and your local are committed to protecting your employment rights. The view from CSEA Town of West Seneca Heavy Equipment Operator Brian Cummins’ plow is mostly snow. Cummins and hundreds of other CSEA members responded to the massive lake-effect blizzard that hit western New York in November. See stories on pages 3, 4, 9, 10 and 11. Save on your next membership enrollment to BJ’s Discount Club! This offer is only available to CSEA members through the BJ’s Corporate Sales Rep Program via CSEA for limited time periods during CSEA’s Quarterly Open Enrollment Periods ONLY. Access applications for the 2015 special enrollments at: https://cseany.org/bjs-discount or call: 1-800-342-4146, ext. 1359. The following dates are the 2015 open enrollment period for the BJ’s Discount: • Jan. 1-14 • April 1-14 • July 1-14 • Oct. 1-14 2 The Work Force January 2015
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