Employer Faces Possible Jail Time For Worker’s Death

Construction site deaths such as this are becoming all too common as builders ignore safety protocols and hire untrained workers…”

By Robert Box, Exclusive to Corridor News

The owner of two construction companies faces charges of manslaughter and criminally negligent homicide following an incident that resulted in one worker dead and two workers seriously injured.

This incident should serve as yet another wakeup call for trenching and excavation contractors.

Michael Weiss, owner of RSBY Builders Inc. and Park Ave Builders Inc. was indicted for a September 2015 incident that resulted in the death of an 18-year-old immigrant worker in Brooklyn, NY. Weiss faces 14 counts, including second-degree manslaughter and criminally negligent homicide.

According to the New York Times, Fernando Vanegaz, an immigrant from Ecuador, was the worker killed in the incident. At a news conference, the acting Brooklyn district attorney said, “Fernando Vanegaz should be alive today. Construction site deaths such as this are becoming all too common as builders ignore safety protocols and hire untrained workers…”

According to WCBS 880’s Alex Silverman, Vanegaz had only been in the United States for eight months and had no safety training.

As stated in a Kings County press release, on Sept. 3, 2015, Mr. Weiss directed three workers from his companies, RSBY NY Builders Inc. and Park Ave Builders Inc., to excavate an area of Brooklyn where they had not received permission from city buildings officials to work. Mr. Weiss apparently ignored repeated requests from his workers, as well as OSHA regulations, to provide materials and sufficient underpinning to protect workers from an exposed wall of a building adjacent to the excavation.

Mr. Weiss’ companies were converting a one-story structure to a five-story structure, but were allegedly taking shortcuts from conducting the project safely and lawfully.

Mr. Vanegaz said, “[Mr. Weiss] refused to listen to the safety concerns of his workers, insisting they continue working in an unsafe area.” A wall adjacent to the excavation collapsed and crushed the young worker and seriously injuring two others.

Mr. Weiss pleaded not guilty to the charges and was released on bail. Weiss’ attorney said Mr. Weiss did nothing wrong. If Weiss is convicted on manslaughter charges, will face up to 15 years in prison, and his companies will face fines of up to $10,000.

Safety First Consulting is a contributor of SM Corridor News and helps businesses identify OSHA compliance issues in their workplaces, manage their safety programs, and we become accountable for the results. In addition to offering custom written safety programs for companies, Safety First Consulting provides required safety training, industrial hygiene sampling, noise sampling, and workplace inspections. You can read more from Robert Box under Business.