The horrific death of painter Gjon Gojcac at Ford Field nearly a year ago resulted in penalties and citations totaling more than a half-million dollars against two companies that were the subject of a MIOSHA investigation.

Both companies, we learned last week, are appealing the fines.

On July 30, 2002, Thomarios Painting Co. painter Gjon Gojcaj was in a Condor lift and was painting trusses more than 120 feet above the surface on the east side of the stadium. At about 10:15 a.m., according to MIOSHA, an outrigger of the Condor lifted off the ground and the lift fell to the east, landing in the lower concrete seating area and fatally injuring Gojcaj, a father of five.

At the conclusion of the state investigation, Michigan Department of Consumer and Industry Services (CIS) Director David C. Hollister announced citations and penalties against Brockman Equipment, Inc. for $286,000, and Thomarios Painting for $270,000. The CIS Bureau of Safety and Regulation is responsible for administering the Michigan Occupational Safety and Health Act (MIOSHA).

Thomarios Painting was a subcontractor on the Lions' Ford Field stadium construction site. Brockman Equipment, Inc. rented two aerial lifts to Thomarios, including the Condor 150S aerial work platform with an articulating and extensible boom.

"Ford Field is a shining gem for the Detroit Lions and for the City of Detroit. It saddens us deeply that its construction legacy includes the death of worker Gjon Gojcaj," said Governor Jennifer M. Granholm. "This needless tragedy could have been avoided if either company had fulfilled their safety and health responsibilities."

According to MIOSHA, while Gojcaj was painting the trusses on the morning of July 30, a Thomarios foreman and a Hunt/Jenkins (general contractor) concrete superintendent were discussing the use of mats under the Condor's outriggers. During their conversation, both men observed one of the Condor's rear outriggers raise approximately 10 inches off the surface. The MIOSHA report said this presented "an imminent danger" for the painter on the Condor work platform. Based on the MIOSHA General Duty clause, at this point the foreman should have stopped all operations and attempted an immediate rescue of the worker.

Instead, according to MIOSHA, the foreman told Gojcaj to finish what he was doing, and then come down slowly and get ready for the next move. The concrete superintendent recognized that the outrigger movement didn't look right, and was in the process of contacting Hunt/Jenkins management when the Condor fell.

MIOSHA, which hired an engineering firm to examine the lift, said its investigation revealed that a combination of instability, mechanical problems, and an inadequately trained operator were factors that "may have contributed" to the fall of the Condor.

MIOSHA interviews indicated that employees received almost no training in the operation of the Condor. Employees were not trained in the instability warning system, which is an electronic system that alerts the operator when an operation is approaching an unstable condition. MIOSHA interviews indicated that this system was not functioning on the lift at the time of the accident, and no outrigger alarm sounded on the ground or in the platform. Because workers weren't trained in this system, MIOSHA said, they were unaware it was not functioning properly.

Interviews by the safety agency also indicated that employees assumed the Condor would stop if an unsafe or unstable condition was reached, like newer models do - which was not the case with the Condor.

The Condor was delivered to Ford Field three days before it fell. MIOSHA found there were mechanical problems with the lift - on the night previous to the July 30 fatality, a hydraulic pump was replaced.

A total of nine willful violations are alleged against the two companies - five against Thomarios Painting and four against Brockman Equipment. "Both companies were aware of the hazardous conditions involved in painting the trusses - and yet they willfully placed these workers in harm's way with a pattern of indifference for their safety," said a MIOSHA press release.

Thomarios was cited for a willful violation of the MIOSHA General Duty clause for failure to protect their worker from a hazardous condition and a willful citation for failure to have operators perform a pre-operation inspection. Brockman received a willful citation for failure to inspect and maintain the aerial lift platform. Both companies received three willful citations for: inadequate training, no manuals provided, and missing warning decals/stickers.

Because of the complexity and expense of the aerial lift, MIOSHA said Brockman Equipment supplied an operator with the rental of the Condor. The operator was responsible for driving the truck chassis, making mechanical repairs, and training all the painters who would be working from and operating the platform. The MIOSHA investigation revealed that workers received almost no training on the operation of the Condor and especially on possible hazards and warning signs.

"Operator training is critical for the safe operation of equipment with such inherent hazards," MIOSHA said. "Neither company fulfilled their obligation to assure operators were adequately trained. The lack of a manual and warning decals/stickers were equally important because both contained crucial warnings of hazards that could cause serious injury and even death, and yet were not available to the workers."

Thomarios received a total of 14 citations resulting from the incident, and Brockman received a total of 10 citations, for alleged safety violations. 

"It became apparent from our MIOSHA investigation that each of these two companies abrogated their own safety and health responsibilities and relied on the other company to protect the workers," said CIS Director Hollister. "These citations today send a clear message that in a situation involving multiple companies - every company will be held accountable for the willful disregard of worker safety and health."