Skip to content

News Details

Zain Shauk

OSHA cites Bush airport train operator over fatality

  • Fri 15th April 2011
  • Houston, TX

The operator of a train at Bush Intercontinental Airport that last year struck two workers, killing one and severely injuring the other, exhibited "plain indifference to or intentional disregard for" the safety of the men, a federal official said Thursday.

Johnson Controls Inc., which operates the inter-terminal automated people mover system at Bush, acted in the same manner in at least one other instance last year, according to the Occupational Health and Safety Administration.

The two men were conducting their normal work duties on the elevated tracks of the people mover system Oct. 26 when they were struck by an automated tram. Travis Turner, an employee for contractor PBS&J Corp., died at the scene.

Juan Manuel Cordero, who was working for Webber LLC, was severely injured and is now mentally incapacitated and physically impaired, according to court documents.

Turner's family has filed a lawsuit related to the incident.

According to the OSHA citations issued recently, Johnson Controls failed to develop procedures for shutting down the automated train system before workers proceeded onto its tracks, and it failed to communicate those shut-down procedures to the contractors. Johnson Controls also neglected to conduct inspections on the tracks at least once annually, according to OSHA.

OSHA has fined the firm $147,000 for its two "willful" violations of the Occupational Safety and Health Act and one "serious" violation of safety codes in connection with the Oct. 26 incident. Two other companies were fined $14,000 each for serious violations, agency spokesman Juan Rodriguez said. Willful violations are the most severe cited by OSHA.

Company fights citations

Johnson Controls' willful violations meant that it showed "blatant disregard for the law," said Richard Jessup, a safety expert authorized by OSHA to teach inspectors.

"These rules are not mysterious," Jessup said. "They're available in a thousand different places. And Johnson Controls knew what to do, and they made a conscious decision that we're not going to follow those rules."

The company also operated a train system at Miami International Airport until 2008, when a tram overran a stop and crashed into a wall. Five passengers were injured in the crash. The airport subsequently terminated its contract with Johnson Controls and is suing the company.

Johnson Controls, in a statement, pledged to fight its latest citations. The company has more than 130,000 employees globally and has frequently been cited by OSHA for safety violations.

"We do not agree with the alleged violations and intend to pursue the OSHA review process for challenging the citation, if necessary," the statement said. "Johnson Controls takes the safety of its employees and workplaces very seriously and will always have safety as a top priority in all of our business operations."

The company was fined $70,000 in August for a willful violation "for failing to ensure that employees utilized mandatory fall protection while working" on a roof, according to OSHA.

PBS&J Corp. was cited for failing to communicate with Johnson Controls about procedures for shutting down the tram system and for not providing protective equipment to prevent injuries during work involving hazards capable of causing injuries.

Webber also was cited for its failure to communicate about "energy control procedures to prevent the hazards of being electrocuted, struck-by and caught-in by the rail, train and other components of the automated people mover." The company also was fined for failing to provide a guard rail, safety net or personal fall arrest system.

Although OSHA issued the citations April 8, PBS&J Corp. was still reviewing them, spokeswoman Kathe Jackson said in an email.

"We take health and safety very seriously in our company," Jackson said. "We just received the notification and are in the process of evaluating the findings."

Steve Grubbs, an attorney representing Webber said the company disagreed with OSHA's findings and was "evaluating all of our options at this point."

No one was monitoring

Continental Airlines hires contractors to manage and maintain the tram system, since it accounts for the majority of traffic at the airport and was involved in its construction.

No one was monitoring the tram system when the incident occurred, and there are no government regulations for airport trams that would require continuous monitoring of tracks while maintenance or other work is taking place.