Lewis and WA settle appeal

14 December 2009

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Washington State’s Department of Labor and Industries (L&I) and Texas-based Lewis Equipment have settled an appeal of safety violations that were cited after L&I inspected three tower cranes working in King County in 2008.

As part of the settlement, L&I has agreed to group all citations on the three worksites into one and affirm.

L&I inspected the three tower cranes at construction sites in King County in spring and summer last year, and cited Lewis Equipment for violations relating to load testing; electrical certification; control labelling; operator cab access; for assembling two of the three tower cranes using sections from two different crane manufacturers without obtaining both manufacturers’ approval; and a lockout/tagout violation on one site.

The lockout/tagout violation was affirmed by agreement. L&I’s investigation ultimately determined that alleged electrical certification problems on the cranes had no relationship to the lockout/tagout violation.

In response to L&I concerns, Lewis Equipment corrected all of the alleged violations to the satisfaction of L&I before any formal citations were issued. L&I, as part of the compromise, reduced its citation relating to the so-called hybrid cranes from serious to general.

“Our priority is always to ensure safety in the workplaces we inspect,” said Michael Silverstein, assistant director for L&I’s Division of Occupational Safety and Health. “We’re pleased to have reached this settlement agreement with Lewis Equipment.”

Bob Reitz, Lewis Equipment engineering manager, said: “With the exception of a lockout/tagout incident, no industrial injuries were suffered by any Lewis Equipment employee or any other employee working with Lewis Equipment-leased tower cranes as a result of the instances which led to the citations.

“Prior to this incident, Lewis Equipment had used, and is still using, the exact tower configuration in other states with the written approval of a licensed structural engineer. Lewis Equipment is pleased that the citation issues now have been resolved and continues to work with the Department of Labor and Industries in a positive and cooperative fashion to accommodate worker safety concerns.”


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