Serious violations found at site of deadly scaffolding collapse in Dilworth

CHARLOTTE — Multiple serious violations were found at the Charlotte construction site where three construction workers died in a scaffolding collapse, according to a new report this week.

Channel 9 reported when the scaffolding at a construction site on East Morehead Street collapsed on Jan. 2. Three people died after falling about 70 feet to the ground, and two other employees were hurt.

Family members identified the victims as José Canaca, Gilberto Mónico Fernández and Jesús “Chuy” Olivares. You can see more about who they were and donate to help their families by clicking this link.

The North Carolina Department of Labor began investigating what led to the collapse, and a report was just released this week and obtained by Channel 9 on Thursday.

The report says two companies, Friends Masonry Construction LLC and Old North State Masonry LLC, were responsible for “serious” violations at the site.

(PHOTOS: 3 dead, 2 hurt in Dilworth scaffolding collapse, Charlotte Fire says)

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The Department of Labor found six violation items against Old North State Masonry.

• Item 1. The climbing scaffold wasn’t capable of supporting its own weight and four times the maximum load because the bridge section was assembled “in a configuration different from the approved engineering drawings.”
• Item 2. The insert sections on the climbing scaffold were installed in both parallel and perpendicular directions, instead of in a parallel-only direction as designed.
• Item 3. The bearing bridge didn’t have the special reinforcing kit that was required by the manufacturer.
• Item 4. The scaffolding wasn’t tested and re-tested after 10 years, as required.
• Item 5. The scaffolding and scaffolding components weren’t inspected for visible defects before each work shift.
• Item 6. Parts of the scaffold were heavily rusted and deteriorated, “affecting both the structural integrity and strength of the scaffold.”

Friends Masonry Construction LLC was also found in violation of items 1, 5, and 6.

The Department of Labor says the two companies have reportedly corrected all of the items.

According to the report, the Department of Labor is proposing a $14,502 penalty for each item in the citation. That works out to a $87,012 fine for Old North State Masonry and $43,506 for Friends Masonry Construction.

“They are the maximum statutory fines for what are considered serious violations,” said Gregory Shelton, a construction attorney.

Both companies have the right to appeal.

“The company, like in any situation, is going to be able to appeal or challenge the finding through a very long process,” Shelton said.

Even though the fines are the largest in the serious category, they can be reduced, and a smaller company might have an advantage, Shelton said.

“A small mom-and-pops or a person in a pickup truck so they do factor that in,” he said.

(WATCH: Friends, brothers, fathers: The men who died in the Dilworth scaffolding collapse)

Friends, brothers, fathers: The men who died in the Dilworth scaffolding collapse

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