Tree service faces fines

BY CLARE MARIE CELANO
Staff Writer

An area tree service has been fined by the federal government for violations of law in connection with an incident that resulted in the death of an employee last summer.

Taves Tree Service, Howell, has been cited and fined $4,500 by the federal Occupational Health and Safety Administration (OSHA). The incident which prompted the fines occurred in June at a home on Maestro Court.

Fulgencio Sosa Cortes, 39, of Millstone Township, an illegal immigrant to the United States, was killed by a falling tree at the job site while he was being supervised by representatives of the tree service.

The citations, labeled "serious," were issued on Dec. 2 following OSHA’s investigation into the incident.

The first citation states: "The employer (Taves) did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees [being struck] were exposed to a struck by hazard." In addition, "workers not directly involved in the removal of a tree were not clear of the work area beyond the length of the tree." The fine for this violation is listed as $1,500.

The second violation, which also carries a $1,500 fine, states, "Protective eye equipment was not required where there was a reasonable probability of injury that could be prevented by such equipment."

The third violation, which also carries a $1,500 fine, states that the "employer did not ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling objects."

Cortes, a native of Mexico, was struck by a 30-foot tree as it was being cut down. He died at Jersey Shore University Medical Center, Neptune, from head injuries sustained in the accident.

According to a Jackson Police Department report, the company had been contracted to remove 12 trees from the property. A representative of the tree service told police that Cortes was raking leaves on the site when the 30-foot tall tree that had been positioned to fall in a southerly direction "suddenly fell eastward toward the ground."

An informal conference will be scheduled between OSHA administrators and representatives of Taves Tree Service at the agency’s Marlton office at which time the citations will be discussed.

The question of how an illegal immigrant came to be employed is not addressed in the OSHA citations, which only deal with the situation at the job site. Federal law makes it illegal for an employer to hire a person who is not legally eligible to work in the United States.

Several messages left at a telephone number for Taves Tree Service were not returned.