The bodies under Charlotte Street, part of the first parish church in America, Nuestra Señora de Los Remedios, a 16th century church whose former burials are now under Charlotte Street between
No response to my efforts to interview representatives of G&H Underground Construction, Inc., whose agents are Messrs. Wade Gibby and Jeffery Hardwick. Waiting on documents. The City's contract contains what appears to be an unconscionable gag order.
Our City archeologist and City Manager have not responded yet to requests for an interview. Mayor Tracy Upchurch allowed no questions after the City Manager's and archaeologist's presentation at the September 23, 2019 City Commission meeting. I handed in a card, raised my hand, and asked to speak. "This is not a public hearing!," Mayor Tracy Upchurch barked. "It should be, I replied.
City documents show that the contractor allegedly worked at night, on a weekend, without archaeological supervision, outside the approved and previously explored area, removing water lines on Charlotte Street. The St. Augustine Record has no reported the fact that City officials directed their work at night, on a weekend, without archaeological supervision, outside the approved and previously explored area.
City Public Works Director Michael Cullum slipped out of the room and did not answer press questions. He should be required to testify before a grand jury under oath, City our City maladministration is so incurious. (The Regans and the Cullums are longtime friends).
At the September 23, 2019 City Commission meeting, City "Manager' JOHN PATRICK REGAN, P.E. admitted that the City directed the contractor to work at night without archaeological supervision, so as to avoid water service interruptions.
There was no principled reason for having no archaeological monitoring, working in unexplored terrain.
The City's maladministration has once again perpetrated an environmental crime, like the 2005-2006 dumping of a landfill in a lake.
Once again, we see the ugly usufructs of the CIty's notorious lack of procedural safeguards and internal controls and checks and balances.
There's no Ombuds, no Inspector General, and a defiant attitude from the dodgy directors in City Hall, entitled arrogant appratchiks like Public Works Director MICHAEL CULLUM, who invited me to "step outside" when I questioned Freeman's Folly, the purchase of a $539,000 piece of property at 91-93 Coquina for "flood control."
Working without an archaeological permit and censoring the archaeologist's report is a stench in the nostrils of our Nation. Hick hacks are endangering our City's history with horrible decisions and bad judgment.
Four years ago, a local resident warned about G & H Underground Construction, Inc. on its Facebook page:
This company has totally unsafe working conditions. They are redoing our city waterlines right now, cutting into asphalt with big circular saws. The guys operating the saws have no eye, ear or breathing protection. To[o] bad OSHA does check these comp[anies more often.
In 2018, the Miami Herald reported:
Company fined after changing safety parts on Cut-off saw that sliced worker’s throat
BY DAVID J. NEAL
AUGUST 15, 2018 10:50 AM
Miami Herald
St. John’s County Fire Rescue serves St. Augustine, where a worker’s throat was cut in July while working on a water and sewer line. ST. JOHN'S COUNTY FIRE RESCUE VIA FACEBOOK
St. Augustine-based G&H Underground Construction faces $57,738 in fines after a Cut-off saw sliced the throat of an employee, the U.S. Department of Labor announced Tuesday evening.
And $51,734 of that proposed fine comes from a single violation identified as the root cause of the almost-tragedy and classified as a “willful” violation.
“Manufacturers equip power tools with safety devices to protect workers from serious injuries,” OSHA Jacksonville Acting Area Office Director Michelle Gonzalez said in a Department of Labor release. “This employer disregarded safety requirements by altering those protective devices, causing a life-threatening injury.”
The employee working on a St. Augustine water and sewer line used a hand-held Stihl TS700 Cut-off saw.
The release says Occupational Safety and Health Administration investigators found that on July 10, “while the employee cut a concrete pipe, the saw blade kicked back, causing a laceration on the employee’s throat.”
Though the employee lived, the Citations and Notification of Penalty describes the violation as changing the saw so that it was “exposing the top front 1/4 of the segmented diamond concrete saw blade, exposing the employee to struck-by hazards of the exposed saw blade kick back.”
G&H Underground Construction has until Aug. 31 to pay the fines, request a meeting with OSHA’s area director or contest the findings to the Occupational Safety and Health Review Commission.
-------
That fine was negotiated down to $31,529, and included failure to provide dust, hearing and eye protection, including both serious and willful violations.
Here's the data from the OSHA Establishment Search website, which the City never cared to research, set forth in an e-mail sent to the City several days ago, to which I have not yet received a response:
essage-----
From: Ed Slavin
Sent: Sat, Sep 21, 2019 3:58 am
Subject: Fwd: Request No. 2019-421: G&H Underground Construction, Inc. SERIOUS, WILLFUL OSHA VIOLATION FINES OF $31,529 IN 2018
fyi
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com
-----Original Message-----
From: Ed Slavin
To: jregan; dgalambos ; jpiggott ; tburchfield ; dbirchim ; jpiggott ; tfleming ; mbreidenstein
Cc: Kristen.Davila; georgio ; tupchurch ; lfreeman ; rhorvath ; nsikeskline ; jvaldes ; eaverysmith ; harb ; nuntiususa ; krb ; pakin-otiko ; mhoule ; dwilliams ; TomW ; cathparish ; frtomstaug ; sbell ; mbittner ; diocese ; charlesjdavid ; jariet ; enavarro ; sheltonhull ; jim.sutton ; craig.richardson ; sheldon.gardner ; news ; savesta2020 ; tomcushman ; jack ; kjakab ; mmilton ; lkeys ; jjoyner ; governorron.desantis ; waltbog ; mcullum ; dgalambos ; tgrant ; jregan ; awhite ; lfountain ; tburchfield ; ilopez ; jcary ; dbirchim ; bfox ; larizzar ; kathryn.miyar ; nancyshaver77
Sent: Sat, Sep 21, 2019 3:27 am
Subject: Request No. 2019-421: G&H Underground Construction, Inc. SERIOUS, WILLFUL OSHA VIOLATION FINES OF $31,529 IN 2018
From: Ed Slavin
To: jregan
Cc: Kristen.Davila
Sent: Sat, Sep 21, 2019 3:27 am
Subject: Request No. 2019-421: G&H Underground Construction, Inc. SERIOUS, WILLFUL OSHA VIOLATION FINES OF $31,529 IN 2018
Dear Ms. Galambos, Ms. Breidenstein, Ms. Lopez and Messrs. Piggott, Fleming, Cullum, Regan, Birchim, Cary, et al.:
1. When did the City of St. Augustine learn that the City's Charlotte Street contractor, G&H Construction agreed to pay fines totaling $31,529 to OSHA in 2018 for "willful" and "'serious" violations working in the Villages of Seloy for lack of proper eye, face, hearing and dust protection?
2. Please send documents about the City's communications with G&H on safety and contractual duties after the City learned of the 2018 fines.
3. If you should contend that the City did not know of the fines:
A. please provide copies of whatever procedures the City has to learn of crimes, fines and penalties involving its vendors, if any, andB. kindly prepare a reform ordinance governing all City vendors and contractors for discussion at the September 23, 2019 City Commission meeting.
4. Here is the printout from the USDOL OSHA website Establishment Search, showing two results totaling $31,529 in fines G & H Underground Construction, Inc. agree to pay to OSHA:
Inspection Detail
Case Status: PENDING PENALTY PAYMENT
|
Note: The following inspection has not been indicated as closed. Please be aware that the information shown may change, e.g. violations may be added or deleted. For open cases, in which a citation has been issued, the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections.
Inspection Information - Office: Jacksonville
| ||||
|---|---|---|---|---|
| Nr: 1328639.015 | Report ID: 0419700 | Open Date: 07/10/2018 | ||
| G & H Underground Construction, Inc. | ||||
| Site Developmentseloy Drive & Calusa Crossing Saint Augustine, FL 32084 | Union Status: NonUnion | |||
| SIC: | ||||
| NAICS: 237110/Water and Sewer Line and Related Structures Construction | ||||
| Mailing: 2200 N. Ponce Deleon Blvdsuite 11, Saint Augustine, FL 32084 | ||||
| Inspection Type: | Referral | |||
| Scope: | Complete | Advanced Notice: | N | |
| Ownership: | Private | |||
| Safety/Health: | Safety | Close Conference: | 07/10/2018 | |
| Emphasis: | N:Trench | Close Case: | ||
| Related Activity: | Type | ID | Safety | Health |
| Referral | 1356962 | Yes | ||
| Referral | 1356962 | Yes | ||
Case Status: PENDING PENALTY PAYMENT
|
Violation Summary
| ||||||
|---|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Unclass | Total | |
| Initial Violations | 1 | 1 | 2 | 4 | ||
| Current Violations | 1 | 1 | 2 | 4 | ||
| Initial Penalty | $5,174 | $51,734 | $0 | $830 | $0 | $57,738 |
| Current Penalty | $2,587 | $25,867 | $0 | $415 | $0 | $28,869 |
| FTA Amount | $0 | $0 | $0 | $0 | $0 | $0 |
| Violation Items | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | Fta$ | Contest | LastEvent | |
| 1. | 01001 | Serious | 19260102 A01 | 08/10/2018 | $2,587 | $5,174 | $0 | I - Informal Settlement | |||
| 2. | 02001 | Willful | 19260300 B04 II | 08/10/2018 | $25,867 | $51,734 | $0 | I - Informal Settlement | |||
| 3. | 03001 | Other | 19260020 B04 | 08/10/2018 | 09/27/2018 | $208 | $415 | $0 | I - Informal Settlement | ||
| 4. | 03002 | Other | 19260251 A06 | 08/10/2018 | $208 | $415 | $0 | I - Informal Settlement | |||
Inspection Detail
Case Status: CLOSED
|
Inspection Information - Office: Jacksonville
| ||||
|---|---|---|---|---|
| Nr: 1330378.015 | Report ID: 0419700 | Open Date: 07/16/2018 | ||
| G & H Underground Construction, Inc. | ||||
| Calusa Crossing And Seloy Drive Saint Augustine, FL 32084 | Union Status: NonUnion | |||
| SIC: | ||||
| NAICS: 237110/Water and Sewer Line and Related Structures Construction | ||||
| Mailing: 2200 N. Ponce Deleon Blvdsuite 11, Saint Augustine, FL 32084 | ||||
| Inspection Type: | Referral | |||
| Scope: | Partial | Advanced Notice: | N | |
| Ownership: | Private | |||
| Safety/Health: | Health | Close Conference: | 07/16/2018 | |
| Close Case: | 01/31/2019 | |||
| Related Activity: | Type | ID | Safety | Health |
| Referral | 1356962 | Yes | ||
| Referral | 1356962 | Yes | ||
| Referral | 1357586 | Yes | ||
Case Status: CLOSED
|
Violation Summary
| ||||||
|---|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Unclass | Total | |
| Initial Violations | 2 | 2 | 4 | |||
| Current Violations | 2 | 2 | 4 | |||
| Initial Penalty | $4,434 | $0 | $0 | $0 | $0 | $4,434 |
| Current Penalty | $2,660 | $0 | $0 | $0 | $0 | $2,660 |
| FTA Amount | $0 | $0 | $0 | $0 | $0 | $0 |
| Violation Items | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | Fta$ | Contest | LastEvent | |
| 1. | 01001 | Serious | 19260052 D01 | 11/19/2018 | 01/08/2019 | $1,330 | $2,217 | $0 | I - Informal Settlement | ||
| 2. | 01002A | Serious | 19261153 C01 | 11/19/2018 | 01/08/2019 | $1,330 | $2,217 | $0 | I - Informal Settlement | ||
| 3. | 01002B | Serious | 19261153 D02 I | 11/19/2018 | $0 | $0 | $0 | I - Informal Settlement | |||
| 4. | 01002D | Serious | 19261153 G01 | 11/19/2018 | 01/08/2019 | $0 | $0 | $0 | I - Informal Settlement | ||
| 5. | 01002E | Serious | 19261153 H01 I | 11/19/2018 | 01/08/2019 | $0 | $0 | $0 | I - Informal Settlement | ||
| 6. | 01002F | Serious | 19261153 I01 | 11/19/2018 | 01/08/2019 | $0 | $0 | $0 | I - Informal Settlement | ||
| 7. | 02001 | Other | 19260059 | 11/19/2018 | 01/08/2019 | $0 | $0 | $0 | I - Informal Settlement | ||
| 8. | 02002A | Other | 19100134 E01 | 11/19/2018 | 01/08/2019 | $0 | $0 | $0 | I - Informal Settlement | ||
| 9. | 02002B | Other | 19100134 F01 | 11/19/2018 | 01/08/2019 | $0 | $0 | $0 | I - Informal Settlement | ||
| 10. | 02002C | Other | 19100134 K | 11/19/2018 | 01/08/2019 | $0 | $0 | $0 | I - Informal Settlement | ||
| 11. | 02002D | Other | 19261153 E02 | 11/19/2018 | 01/08/2019 | $0 | $0 | $0 | I - Informal Settlement | ||
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com
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