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Fair Construction worker dies on Garvies Pt. Road
Noe Diaz-Gamez, 26, of Huntington Station, died after falling 40 feet onto the concrete floor of a warehouse at 40 Garvies Point Road on April 14, while replacing metal sections of the building’s roof.
He was airlifted to North Shore University Hospital in Manhasset, and later died of his injuries.
The Nassau County Homicide Bureau and the Glen Cove Police Department’s Detective Division investigated, and determined that Diaz-Gamez’s death was accidental. But the U.S. Department of Labor’s Occupational Safety and Health Administration is continuing an investigation.
According to the Bureau of Labor Statistics, 1,008 workers died in construction accidents in 2020 — the third-highest fatality rate of any industry — and more than 300 of those deaths were the result of falls. Falls account for 34 percent of all deaths on construction job sites.
According to OSHA, the top four causes of deaths in construction are falls, being struck by equipment, being caught in or in between objects, and electrocution. Together these four causes ac-count for over 60 percent of all construction related deaths in the United States.
Although the city issued a permit to Allied Maker Roof and Window, the company is not being investigated. OSHA is investigating Elite Roofing Services Inc., of Huntington, and Preferred Exterior Industries Inc., of New Hyde Park, in connection with the incident
The investigation includes gauging the safety protocols that were in place at the time of the accident, as well as any potential violations of workplace safety regulations.
OSHA emails to the Herald explained that the agency is attempting to determine whether Elite Roofing Services and Preferred Exterior Industries complied with OSHA’s safety standards. If the inspections identify violations, the agency could issue citations to and propose fines against them.
Officials would not release an estimated completion date for the inspections, but OSHA has up to six months to complete its inspection.
The Glen Cove City Council voted unanimously in February to require what’s known as the OSHA 30 training for projects starting at 20,000 square feet.
The idea was spearheaded by Glen Cove Councilwoman Marsha Silverman, who had been in talks with Vincent Alu, vice president of Laborers Local 66 and a certified OSHA instructor, along with Grant Newburger, a spokesman for the Building & Construction Trades Council of Nassau and Suffolk Counties.
Reflecting on Diaz-Gamez’s death, Alu said he feels that there’s nothing worse than someone dying on a construction site.
“Glen Cove just passed the most stringent safety laws on Long Island, and now we have a tragic fatality,” Alu said. “Our intention is to protect all workers. This is the first time this OSHA law is being tested on Long Island.”
The new law addresses safety requirements for a minor construction site, requiring that workers complete a 30-hour OSHA safety training class. Safety requirements will require someone to be assigned to the site, ensuring that each worker has a 30 or 50-hour OSHA safety certificate. The permit applicant, holder, or any person performing work on behalf of the permit holder will need to certify to the director of the city’s building department, Scott Grupp, that the safety requirements have been met for the project and the workers who will work on it. No permit will be issued without a certification from the permit holder.
The self-paced courses range from $159 to $215 and are taken over the phone, or online. Students will be issued a study guide and a card from the Department of Labor. While the completion card doesn’t expire, OSHA recommends taking its outreach safety training every four to five years to stay updated with the latest safety regulations and industry practices.
A permit holder must also maintain a daily log identifying each worker with proof of the safety certification. This log will be required as a prerequisite of a certificate of occupancy or completion for the project. The penalties for first time violations range from $1,000 to $10,000.e For a second violation, penalties increase to $3,000 to $10,000, or 15 consecutive days of imprisonment.
As of press time, information regarding permits issued to Elite Roofing Services Inc. and Preferred Exterior Industries Inc. were not available.
