DaytonDailyNews.com

DAYTON — — The death of a Brookville man at a construction site in Dayton resulted in the Occupational Safety & Health Administration citing a Michigan demolition company with three violations.

Thomas Morgan, 29, of the 7200 block of Brookville Salem Pike, was killed Nov. 9 at 819 W. Washington St. when part of a concrete crushing machine hit him, Dayton police said.

Morgan worked for Homrich, Inc. of Carleton, Mich.

OSHA labeled the violations as serious and said in the first violation that Homrich "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."

The accident occurred when Morgan checked on a crusher, which is used to grind concrete into sand, that had jammed, Sgt. Richard Blommel said the day of the accident.

The crusher's operator had shut off the machine and walked away when Morgan went to kick a part of the machine called the tumbler, which rolls concrete pieces around and shoves them into the area where the grinder is located, Blommel said.

"When he kicked it loose, it flipped" (up and hit him), Blommel said. "The machine was off, but it was still under pressure."

OSHA investigators said of the first violation that employees where exposed to danger and "crushing injuries due to the unexpected release of energy when entering the crushing chamber ... to clear jammed pieces of concrete, rock, other aggregate or building materials."

The second violation accuses the company of not having frequent and regular inspections by a competent person, thus causing the employees to be "exposed to crushing hazards."

The third violation says the company did not make sure the employees were trained to recognize hazards associated with operating the crusher and clearing jammed material.

Company President Roger I. Homrich did not return phone calls to his office.

Barbara Marcum, assistant area director for OSHA, said Homrich submitted a written notice of contest regarding the citation and the penalty, which totals $9,000.

"Until the contest has been resolved they have no obligation to pay (the penalty)," she said.