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The Honolulu Advertiser
Posted on: Wednesday, August 15, 2007

Subcontractor cited in 46-story Honolulu fall

By Curtis Lum
Advertiser Staff Writer

The employer of a 52-year-old man who fell to his death at a construction site in March has been cited by the state for alleged safety violations.

Frank Montayre Jr. was working on the 46th floor of the Moana Pacific condominium project on Kapi'olani Boulevard March 14 when he fell. Montayre, who was pronounced dead at the scene, was not wearing a safety belt, police said.

The state Department of Labor and Industrial Relations and the Hawai'i Occupational Safety and Health division launched an investigation into the incident and released their results this week.

The two state agencies issued a citation to subcontractor Permasteelisa Cladding Technologies Ltd. of Windsor, Conn., for three alleged "serious violations" that led to the death of Montayre. The violations were for failing to provide an adequate fall-protection system.

A fourth "other-than-serious" violation was related to the employer's obligation to verify compliance of its fall-protection training program. The violations carry a possible penalty of $5,000.

Permasteelisa Cladding Technologies officials could not be reached for comment yesterday. The company has until Aug. 27 to accept or contest the state's findings.

If the company decides to challenge the violations, the matter will go before the Hawai'i Labor Relations Board, said James Hardway, labor department spokesman.

Hardway said the state also investigated the project's general contractor, Hawaiian Dredging, but found no fall-protection violations.

For the past two years the state has been promoting safe working environments through television and newspaper ads. The law requires that employers provide safety equipment for employees when construction work is done at heights of more than 6 feet.

Hardway said the law also covers homeowners who hire workers outside of their regular jobs.

"If you're a homeowner and you have guys working on your roof, you can be cited as well," Hardway said. "We do have a lot of homeowners who are hiring guys to work the weekend, so they have the regular job and they're moonlighting on the side. Those homeowners need to be aware of the law."

From January 2004 to December 2006, HIOSH issued 434 fall-related citations to employers. The fines ranged from $1,500 to $70,000.

Hardway said HIOSH cannot cite employees for failing to wear protective gear.

Reach Curtis Lum at culum@honoluluadvertiser.com.