By Jake Offenhartz and Claudia Lauer —
The Associated Press
In the moments before the Dali ship struck the Francis Scott Key Bridge in Baltimore and caused it to collapse, a burst of urgent warnings came over radios and allowed police to block traffic on the span, likely saving lives.
However, those warnings did not reach the six construction workers who died in last week's collapse. Their deaths have raised questions about whether the construction company took proper precautions, such as keeping a safety boat nearby that could have warned them seconds before impact.
Federal regulations require these companies to have this type of boat, commonly known as
skiff
, on hand whenever crews work on waterways, safety experts told The Associated Press news agency.
There is no indication that the construction company, Brawner Builders, had a rescue boat in the water or ready for use.
Cleanup work continues on the remains of the Francis Scott Key Bridge, Tuesday, April 2, 2024, in Baltimore. Julia Nikhinson / AP
“If you're working on a bridge like that, the standard interpretation doesn't give you any other options,” said Janine McCartney, a safety engineer with HHC Safety Engineering Services Inc. “The
skiff
is mandatory, period,” she concluded. .
Coast Guard officials and other officials indicated they were not aware of any Brawner boats in the water at the time of the March 26 sinking. And satellite images did not appear to show a
skiff
near the bridge.
Even if the workers had been warned that the ship was about to crash,
it is unclear whether they would have had enough time to get to safety.
Archived recordings from the bridge maintenance radio channel from that morning include only a short exchange between two workers about the approaching ship, although it is not clear whether either of them were on or near the bridge at the time. In said exchange, one man with a soft voice seemed to ask what was going on, and the other responded: “They're holding up traffic because a ship has lost its rudder, that's all.” The bridge collapsed less than 30 seconds later.
But if a safety boat had been present, experts say, it could have used a marine radio and the necessary
walkie-talkies
to alert construction workers to the Dali's distress calls, possibly giving them the opportunity to move. Authorities say a construction inspector was able to run to a section of the bridge that did not collapse, although it is unknown what warning, if any, he received.
A representative for Brawner declined to comment, saying the company is focused on taking care of the families of workers who were filling potholes on the bridge when it collapsed. Brawner has used safety
skiffs
in the past to work on bridges, according to a statement from a company executive that was part of a 2011 lawsuit.
The Occupational Safety and Health Administration (OSHA) standard states that construction companies performing work on waterways must have at least one safety boat. Over the years, OSHA officials have stated in interpretations of that regulation that such a required craft
can “ensure the prompt rescue of employees who fall overboard
, regardless of other precautions taken to prevent this from occurring.”
An OSHA spokesperson did not respond to repeated requests for clarification on that rule.
Miguel Luna, a construction company worker on the Francis Scott Key Bridge that collapsed this Tuesday in Baltimore, Maryland. Courtesy Carmen Luna
Some states have rules that say boats are not necessary under certain conditions, such as when the work being done is inside the railings of a bridge. But Maryland is not among them and does require the presence of a safety boat when workers are on or near the water. A spokesman for the Maryland Department of Occupational Safety and Health, which oversees compliance with the federal rule, declined to comment on the collapse or Brawner's history, citing the open investigation.
Maritime attorney Dennis O'Bryan believes the
skiff
requirement remains in effect even when the risk of drowning is minimal, unless the company obtains an exemption from the state.
"If there had been a
skiff
, he would have heard the distress call and radioed the workers to get off the bridge," O'Bryan said. “We must investigate whether the
skiff
was there and, if not, why it was not there,” he concluded.
O'Bryan does not represent any of the families of the workers who were on the bridge when it collapsed. But in 2011 he represented a Brawner employee who was injured while driving a security boat meant to monitor workers on a bridge. The lawsuit accused the company of failing to adequately staff the vessel. A settlement was reached for an undisclosed sum.
[The bodies of two of the six Latino workers killed when the Baltimore bridge collapsed are recovered in a submerged car]
The Associated Press requested a copy of the safety plan submitted by Brawner for the Key bridge project, one of more than 25 contracts worth a total of more than $120 million that the state awarded the company in the last five years. As of this Tuesday, the application was still being processed.
Brawner has been cited three times for seven safety violations since 2018, including four for failing to provide adequate fall protections, OSHA online enforcement records show. The company was fined about $11,000 in informal settlements with OSHA.
Several project foremen interviewed by The Associated Press noted that, despite OSHA's strict interpretations, it is not uncommon for construction companies to forego the use of a
safety
skiff
on jobs that do not pose an imminent drowning risk, and It is unclear when the regulation applies. In the last decade, there has been only one violation in Maryland during bridge construction for not having a lifeboat, according to a study of OSHA records available online.
Some construction experts said a ship would not have made any difference because of the steep drop, the short time the crew had to react, and the tons of steel and debris that made it incredibly difficult for even rescuers to determine the location and location. access to the bodies of missing workers.
“You can have the most perfect plan and safety measures, but if you don't have time to put them into practice, there is little that can be done,” said Julio Palomo, president of the Laborers International Union of North America Local 11, which represents Maryland.
“Would having that boat in the water have put more people in danger? We don’t know,” she concluded.
Others, however, indicated that a security ship might have been more able to issue a warning via a direct radio line to the crew, something that companies
could take into account when drafting future security plans. after the collapse of the Key Bridge.
Ryan Papariello, a specialist with the North American Workers' Health and Safety Fund, explained that in safety plans for bridge work, companies should consider including flotation devices and clear communication with the Coast Guard or anyone patrolling. Water. He also said future plans could include using loud, specific noises to warn workers to evacuate.
“Obviously, this was not a foreseeable incident,” Papariello asserted, “many of the contractors – and I'm not blaming the contractor – simply do not have a valid rescue plan.”