Almost two weeks after a construction worker fell to his death at a Columbia construction site, questions remain about the incident and the contractor’s safety record.
Jozef Wilk, a 51-year-old employee of Breeze National, died on Feb. 5 at 3229 Broadway in Manhattanville. The building, owned by Columbia, was being demolished when Wilk fell from third-floor scaffolding on the outside of the building into an open elevator shaft.
Immediately after the incident, the city’s Department of Buildings stopped work on the site. The job was being managed by Bovis Lend Lease, a global construction company with deep connections to Columbia. Bovis’ New York division has been under scrutiny over the last three years for safety issues.
After a fire killed two firefighters in the Deutsche Bank building near Ground Zero being demolished by Bovis in 2007, the city launched an investigation into the conditions that allowed for the deaths.
According to Department of Investigations documents, a Bovis site safety manager was eventually indicted for falsifying safety documents and the company agreed to a non-prosecution agreement that included promises to hire new safety employees.
“The company had worked on capital projects for the University for more than ten years and had experience with large New York City-based projects,” said Dan Held, director of communications for Columbia facilities.
Bovis spokesperson Mary Costello said the investigation into the Columbia incident is still ongoing. “We are committed to learning from this incident and ensuring that our job sites are run safely and in compliance with all relevant safety rules and regulations,” she said in a statement.
Department of Buildings records show that the permit issued in October 2009 to Breeze National, a subcontractor at the site, was in the name of Toby Romano, Jr. Court records indicate that Romano was convicted in 1988 of bribing a public official to refrain from reporting Environmental Protection Agency violations at demolition jobs.
Walter South, chair of the Landmarks and Preservation committee of Community Board 9, said he had serious concerns about the death.
“When something is called an accident, it’s probably something that’s going on repeatedly. There are probably many, many safety violations going on,” he said.
“My guess is that they gave the contract to the cheapest guy, rather than the most qualified, and they can’t make money unless they cut corners,” South added.
Held said that the process for choosing Bovis for the work was standard policy.
“Consistent with University policy, there was a competitive process for the selection of a construction manager for the project which includes the 3229 Broadway site. Among the key criteria were a strong commitment to environmental health and work site safety, company and key staff project experience and a commitment to working with minority, women-owned and locally-owned businesses,” he said in a statement.
Published reports say that Bovis is currently under joint investigation by the FBI, the U.S. Attorney’s office in Brooklyn, and the Manhattan District Attorney’s office for overbilling.
Robert Nardoza, spokesman for the Brooklyn’s attorney, said, “Local rules preclude us from confirming or denying an investigation,” but acknowledged that the investigation had been reported elsewhere.
The Manhattan District Attorney’s office also declined to comment.
Ramon Diaz, owner of Floridita Restaurant and Tapas Bar across the street from the demolition site, said that he has spoken with construction workers who have come in since the incident who have not voiced safety concerns.
“These guys, apparently they’ve been told not to talk much. They’re careful and cautious about why they say. They’re taking care of their company and their jobs. … They always seem to have their safety harnesses, jackets, hard hats on,” Diaz said.
According to the police report, Wilk was treated for cardiac arrest at the scene before being taken to St. Luke’s Hospital, where he was pronounced dead on arrival.
Diaz said that the construction workers thought that he fell into the shaft inadvertently after having the heart attack.
In a statement Bovis released after the Deutsche investigation, Bovis said, “In order that something positive come out of this tragedy, Bovis pledges to institute reforms to enhance safety on all Bovis sites in New York City.”
South said that he doubts those protocols were being strictly followed.
“How in the hell can you have an open window in an elevator shaft? It’s beyond me. There should have been a barrier or netting of some kind. It can’t possibly just be an accident, it has to be a whole culture of lack of safety,” he said.
Held said that the University was confident in Bovis’s record.
“Bovis Lend Lease developed a thorough safety plan for the work it is doing for Columbia. The fire … occurred in August 2007. We have closely monitored how the company has responded to investigations and continue to do so,” he said.
The incident has been closed as a criminal case, according to Detective Cheryl Christin from the NYPD’s public information office.
“Had he been pushed, this would be a criminal accident, but this accident has nothing to do with us … We have to investigate in terms of closing paper work, but no criminality,” she said.
Breeze National did not respond to multiple requests for comment.
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