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UPDATE: Command Center responds to OSHA's findings

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SIOUX FALLS, S.D. (KELO AM)  The Federal Government has levied stiff fines against two companies in connection with the fatal building collapse in Sioux Falls last December.

Hultgren Construction, the company that was remodeling the former Copper Lounge on Phillips Avenue, must pay nearly $100,000 for dozens of violations. Command Center, a temporary staffing company that provided some workers for the project, faces $114,000 in penalties.

"For hazards including lack of proper personal protective gear, lack of proper fall protection,  scaffolding fall hazards, improper training of the workers, and lack of proper inspections." OSHA Spokesman Scott Allen says both companies were guilty of similar violations. The companies have a right to appeal within 15 days. KELO.COM News reached out to both companies for comment.

Command Center's Corporate Attorney Brendan Simaytis sent this response to KELO.COM

"At Command Center, we take the safety of our workers and others very seriously.  We disagree with OHSA’s findings regarding their inspection as it concerns Command Center, and we intend to appeal all issued citations and the associated penalties.  The citations do not reflect the manner in which Command Center operates and the importance we place on safety as a company. 

We are very sympathetic to the fact that an employee of another company died as the result of the building collapse.  Our condolences and sympathies go out to the deceased Hultgren Construction employee’s family.  Command Center and its employees had absolutely nothing to do with the ultimate reason the building collapsed.  There were no Command Center workers on site at the time of this tragic incident.  As a staffing agency, our limited role in this project was to provide workers to work under the direction and supervision of Hultgren Construction.  None of the issued citations ascribe any blame to Command Center related to the actual building collapse.  We believe the citations and penalties are grossly disproportionate to any activities our employees were involved in at the worksite prior to the collapse."

Allen says although Command Center was providing temporary workers and had no direct control over them, it is still responsible.

"It's imperative that any company, any employer, properly protect its workers and that's why there were two sets of citations issued."  

The complete OSHA citations for both companies are included as PDF documents above this story.

Allen emphasizes that these violations were being committed prior to the actual day of the building collapse December 2, 2016, so the OSHA investigation is ongoing. He says the final report is expected before June 2, 2017.

The collapse killed construction worker Ethan McMahon. A woman in bed in the apartment above was rescued after being trapped in the rubble for hours.

 


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