Cathy Perfect
Kern Valley Sun

The California Department of Industrial Relations' Division of Occupational Safety and Health (Cal/OSHA) on Friday, Nov. 7, released its report of citations to Sure Set, the building contactor hired by JTS Construction of Bakersfield as a subcontractor, to remove modular buildings from the Woodrow Wallace Middle School campus in Lake Isabella, as part of the current phase of the school’s renovation project.

The report cited Jose Chairez, sole owner of Sure Set, of Merced, for violations that resulted in the death of Adan Fraga, on July 14, who was working under a 10,000-pound modular building that collapsed on him. According to the Kern County Coroner’s report, the 24-foot by 40-foot modular building was resting on five two-by-four wooden crates, when at approximately 1:40 p.m., one of the crates shifted on the soft dirt and the building collapsed on top of Fraga. The incident was ruled an accident. Fraga’s three brothers, who also were working on the modular-moving project, and Kern County Fire Department personnel on scene at the time, lifted the building with mechanical equipment and rescued Fraga from under the building, the Coroner’s investigation summary said.

Kern County Fire Captain Steve Pendergraph told investigators that life-saving efforts were immediately initiated and Fraga was transported to Kern Valley Hospital, where he died of his injuries.

Fraga and his brothers, all from Mexico, had been working for Sure Set as general laborers for three months.

The citations issued to Sure Set, one “serious” and four “general,” are the result of a four-month investigation by Cal/OSHA. The serious citation, the fatality, carries a penalty of $12,6000, while the remaining for general citations carry a collective fine of $1,350 and focus on safety prevention and precaution programs not implemented by Sure Set owner Chairez at the time of the tragedy.

According to Cal/OSHA, “[Chairez] did not insure that employees would refrain from working under the lifted modular classroom building until it was adequately blocked or cribbed to prevent injury. On 7-14-2008, an employee sustained a fatal injury to himself when the not properly supported building fell on him.”

Additionally, Chairez did not implement and maintain an effective Injury and Illness Prevention Program in the workplace. Training records, safety meetings, safety inspections were not being maintained by Chairez.

Another general citation issued by Cal/OSHA charged Chairez did not conduct “tailgate” or “toolbox” safety meetings at least every 10 days to emphasize safety with employees. A third violation cited Chairez for not giving employees proper instruction regarding the hazards and safety precautions applicable to the type of work in the workplace.

The fourth general safety precaution required Chairez to, prior to the presence of his employees, make a thorough survey of the conditions of the site to determine, so far as predictable, the predictable hazards to employees and the kind and extent of safeguards necessary to perform the work in a safe manner. According to Cal/OSHA, this was not done.

The site of the accident has been incorrectly identified as Kern Valley High School, 3340 Erskine Creek Rd., Lake Isabella, when in fact, the incident ocurred on the Woodrow Wallace Middle School campus, located at 3240 Erskine Creek Rd.

With state offices closed for Veterans Day, no further information was available at presstime.

A phone call to Sure Set owner, Jose Chairez, of Merced, was not returned by presstime, Tuesday morning.