UNITED STATES
DEPARTMENT OF LABOR

On March 12, 1997, Employee #1 was using a propane/oxygen torch to cut up a crane in a scrap yard when a fire erupted. He sustained serious burns and was transported to the hospital, where he died on March 26, 1997. Employee #1 and two coworkers present at the time of the accident were employed by a temporary labor source that had since gone out of business. OSHA was not notified by the employer, but the attorney for Employee #1's wife contacted OSHA on May 1, 1997, with a report of the fatality. The investigation relied on statements by the owner of the scrap yard where the crane was cut up, the employer, one coworker, and the attorney. The crane had been sold for scrap to the employer by the owner of the scrap yard, who stated that the crane had been sitting on his yard for 25 years without an engine or hydraulic cylinders. This was verified by the employer. The employer did not inspect the crane for flammable liquids before allowing his employees to begin cutting. The crane could not be examined as it had subsequently been completely dismantled and melted down. The employer was cited for failure to report the fatality and for failure to ensure that the crane was free of flammables before allowing cutting with a torch.