Public Employee Press

City slammed for ”willful” safety violations in death of a Sewage Treatment Worker

The city agency involved in the January death of Sewage Treatment Worker Gennaro Montello has been found guilty of “willful violation” of job safety regulations by the state Labor Dept.

After investigating Montello’s death and the injuries to co-worker Joseph DiGiovanni, the state’s Public Employee Safety and Health Bureau issued an official notice Oct. 6 that found the city Dept of Environmental Protection “in willful violation of the requirement to furnish a place of employment free from recognized hazards that are likely to cause death or serious harm.”

Montello and others at the Owl’s Head Waste Water Treatment Plant were laboring to move a huge conveyor belt on Jan. 9 when it collapsed and crushed him. DiGiovanni was injured while trying to save Montello.

Management tried to blame outside contractors, but PESH said DEP could have done the job in ways that would have “provided adequate protection for the lives and safety of its employees.” PESH pointed out that the manufacturer had offered to supply a support system using casters to move the conveyor “at a relatively minimal cost.” Instead, one employee was crushed and another, in coming to his aid, was seriously injured.

“Although this is a bittersweet victory, we are pleased that PESH found that DEP “abdicated its responsibility to provide and maintain a safe work environment,” said Principle Program Coordinator Lillian Goodwine of the DC 37 Safety and Health Dept.

“Lillian Goodwine and the PESH inspector did an excellent job and covered all the bases,” said Local 1320 President James Tucciarelli.

“It was really, really cold out there and they put in many hours doing those investigations. The agency was pointing fingers in all different directions, but I believe this citation really hits the nail on the head. You can hire whatever consultants you want, but in the end, DEP management had the responsibility to make sure the contractors were doing the job safely.”