Man Killed In Murray Hill Scaffolding Collapse Was Repairing Facade At Non-Union Site

July 18, 2020, 11:44 a.m.

Reports say the man started working at the site two weeks ago after losing his last construction job because of the pandemic.

Emergency personnel work the scene of a scaffold collapse that left one worker dead and three others injured in Murray Hill.

The man who died in a scaffolding collapse outside of a Murray Hill apartment building Thursday, and three other workers who were injured, were all working at a non-union site, according to one city councilman who’s calling for stronger protection for construction workers.

The NYPD said the name of the worker, described as a 59-year-old male, hasn’t been released pending family notification. NY1 identified the man as Mario Salas, while NBC 4 identified him as Mario Salas Vittorio.

Salas and three other workers were restoring the facade at 136 East 36th Street, an 11-story residential co-op building at Lexington Avenue, according to the city’s Department of Buildings.

The three other injured workers were taken to Bellevue Hospital—a 34-year-old man and a 45-year-old man were transported in critical but stable condition, and a 39-year-old man who sustained a minor injury to his leg and was transported in stable condition, NYPD said.

Update: The DOB issued a partial stop work order for all facade work at the building except for necessary repairs to ensure the site is secure, said DOB spokesperson Andrew Rudansky in an email Saturday. The sidewalk shed damaged by the falling debris has since been fully repaired and is "safe for pedestrians," he added.

The work project’s permit holder is Edras Group Corp. A man who answered the phone at Edras on Saturday declined to comment, citing respect for Salas's family.

The DOB has also issued an initial summons to Edras Group "for failure to institute adequate safety measures during construction operations. DOB’s investigation into this incident is ongoing, and additional enforcement actions are pending that investigation," Rudansky said.

"What happened? How it happened? It’s supposed to be safe here,” Salas’s daughter Angela Molina told NY1.

It was not immediately clear where Salas was when the scaffolding collapsed. NY1 said two workers were near the top of the 11-story building when part of the building’s parapet broke away from the roof, bringing the scaffolding down onto a sidewalk shed below.

“He had started with the Edras Group two weeks ago after losing his last construction job because of the pandemic,” NY 1 reported. The Edras Group has no violations at the site, NY1 said.

"He was a wonderful guy. He worked really hard for family. He was strong and everything. We really do miss him," Molina told NBC 4. "My mom is destroyed, we just need some answers. Just my kids, (his) grandkids are all destroyed right now." Salas will be buried in Mexico, NBC 4 reported.

Update: The DOB said "the most recent Local Law 11 Façade Inspection Safety Program (FISP) report filed for this building filed on 2/1/19, indicated that the façade was unsafe, and in need of repair."

Last year, the city ramped up facade inspections after a woman died when a piece of terra cotta fell off a building facade and killed her. The city announced the hiring of 12 new facade inspectors, doubling the size of the facade inspection unit. By law, all buildings taller than six stories must undergo a physical inspection.

Queens Councilmember Francisco Moya issued a statement Friday calling for stronger protections for workers injured at construction sites.

Salas’s “death is a tragedy and outrage but it was also, sadly, predictable,” Moya said in the statement. “What makes this one all the more devastating is that for months, construction workers have been sidelined, missing paychecks and struggling to feed their families because it wasn’t safe to be outside. Now, as New York slowly reopens, they’re returning to sites managed by unscrupulous developers who make it unsafe to be on the job.”

“Can we stop ignoring the carnage?” Moya added. “Can we stop entertaining developers and their lobbyists who relentlessly try to demolish New York’s Scaffold Law? Can the state stop dragging its feet and pass Carlos’s Law?”

Moya drafted Carlos’s Law while he was still in the Assembly—the bill would increase penalties on developers who oversee sites where workers are injured or die. It’s named after 22-year-old Carlos Moncayo, who was buried alive in an unsecured trench at a Meatpacking District a construction site in 2015. The general contracting firm was later convicted of manslaughter and criminally negligent homicide, which carried a fine of $10,000.

Carlos’ Law would create class D and E felonies for developers whose negligence causes the death of a worker and increase fines up to $500,000. It’s awaiting a vote by the state Senate.

“We need to treat the memories of those who sacrificed their lives to build this city with some respect and keep their brothers and sisters safe,” Moya said.