Cal/OSHA fines UC Berkeley $26,000 in death of custodian

Nanette Asimov

State workplace safety officials have fined UC Berkeley more than $26,000 for violations in connection with the death of a custodian who tumbled 22 feet from a lift that collapsed as he was cleaning windows in April.

California’s Division of Occupational Safety and Health determined that supervisors of the custodian, Damon Frick, 45, of Richmond failed to ensure that the lift was assembled correctly and allowed Frick to use it unsupervised.

UC Berkeley said that as he assembled the lift, Frick apparently ignored a label warning of “serious injury or death” if a certain piece was inserted as Frick did it.

At the same time, “we have documentation that Mr. Frick was fully trained in use of this lift,” the university said.

But the training was ineffective because it was provided more than two years earlier, Cal/OSHA inspectors said.

“This unit is used approximately once a year with no in-between training or practice,” according to the citation issued Sept. 9. “The training was ineffective as the last training was provided on March 12, 2012.

On April 7, Frick was vacuuming auditorium window sills at International House at 2299 Piedmont Ave. while standing on an elevated platform made by Upright Lifts Inc.

At 7:45 a.m., another employee heard a crash, rushed to the auditorium, and found Frick “flat on his back on the floor along with the lift that tipped over,” inspectors said.

There were no witnesses. Frick was taken by ambulance to Highland Hospital, where he died on April 9.

A month later, his labor union filed a complaint with Cal/OSHA. Frick had worked at UC Berkeley since 2011.

UC Berkeley was fined $6,750 for ineffective training; $18,000 for allowing the machine to be improperly assembled; $375 for failing to document prior safety inspections; $375 for not keeping maintenance records; and $750 because the operating instructions weren’t on the lift as required.

Janet Gilmore, a spokeswoman for UC Berkeley, said officials have not decided whether to appeal.

The university has until Sept. 30 to pay the fines, and until Oct. 3 to correct the errors.

[Source]: SF Gate