Multnomah County jury awards iron worker $520k for jobsite negligence

A Multnomah County jury on May 15 found Slayden Construction, Inc., of Stayton, Ore., negligent for the injuries suffered by ironworker John Morris when the curtain of reinforcing steel he was working on collapsed in April 2000.

Morris, a member of Iron Workers Local 29, was employed by Willamette Valley Steel, a subcontractor hired by Slayden to erect a sludge storage tank at the Durham Waste Water Treatment Plant near Tigard.

In a 12-0 vote, the jury found Slayden negligent in providing adequate bracing to the structure, a violation of Occupational Safety and Health Administration (OR-OSHA) safety regulations, and awarded Morris $520,000 in damages.

“The jury sent a powerful message to all businesses that protecting the safety of workers on the job is a serious matter,” said Morris’s attorney, Stephen Piucci, who credited union leaders’ quick efforts in playing a vital role “in achieving justice” for Morris.

On April 4, 2000, Morris, then 37, and three other Iron Workers were constructing a 22-foot high circular curtain of reinforcing steel on what would become sludge storage tank #2. The other workers had already climbed out of the structure when it collapsed, throwing Morris to the ground. Morris broke his right leg in two places and suffered additional injuries to his back.

“He tried to jump out of the way as the structure cork-screwed down,” said Paddy Barry, business manager of Iron Workers Local 29, who testified at the trial. “It shattered his leg. He hasn’t returned to work as an ironworker.”

The day after the accident, Local 29 Business Representatives Bob Clerihew and Dan Mowry inspected the accident scene. Mowry immediately filed a complaint with Oregon-OSHA, which investigated, cited and fined Slayden $5,000 for causing Morris’s fall “and exposing all employees to potential fatal injuries.”

“On at least two occasions prior to the accident, workers raised questions about the bracing created by Slayden for the structure,” said Mowry. “Each time, they claimed it was adequate, but obviously it wasn’t.”

As part of a separate settlement agreement, OR-OSHA withdrew its citation and fine in exchange for Slayden agreeing to obtain engineering plans for any future construction of reinforcing steel walls over 12 feet high or on radial tanks, using templates that provide structural support in all directions for such structures and training all of its supervisors in the safe use of templates.

© Oregon Labor Press Publishing Co. Inc.