• by Steve McClellan  @mp_mcclellan, February 28, 2012

A New York City investigation looking into the December elevator accident that killed a Y&R employee found that human error was the cause.

In a joint investigation that was released Feb. 27, the New York City Department of Buildings (DOB) and the New York City Department of Investigations threw the book at an elevator maintenance company that was working on an elevator cab shortly before it was put back into service -- before crushing the employee as she tried to enter.

Y&R -- which the city cited as the owner of the building in midtown Manhattan where the accident occurred -- was also cited for violations.

The two city departments made it clear that the elevator maintenance company Transel Elevator Inc. bore the brunt of the responsibility for the accident, which resulted in the death of Suzanne Hart, who was director of new business, content and experience, at Y&R. 

The investigation concluded that Transel workers who had been working on the cab shortly before the mishap had bypassed a safety mechanism that prevents cabs from moving when the elevator doors are not completely shut. The workers allegedly forgot to put the mechanism back in place after they finished their work, enabling the cab to move with the doors still open. In addition, Transel failed to get the cab inspected after its work was completed on the cab, a violation of city regulations. 

DOB Commissioner Robert LiMandri stated that the Transel “workers and their supervisors failed to follow the most basic safety procedures and their carelessness cost a woman her life.”  

DOI Commissioner Rose Gill Hearn stated: "The investigation starkly showed elevator safety protocols were ignored…City regulations safeguard New Yorkers and must be followed at all times.”

The agencies said they had suspended the elevator maintenance license of Transel’s owner John Fichera and indicated that they will seek to revoke his license at an administrative hearing.

Transel has already been issued 23 violations with fines of at least $117,000 in connection with the case.

In addition, Y&R has been cited for 11 violations, including one "failure to maintain" citation, as well as certain “environmental control board” violations. The report did indicate that all 13 elevators in the building have been inspected and that 11 are currently considered “safe.”  Two of the cabs, including the one involved in the accident, remain out of order. 

The agencies said they had passed the report of their investigation along to the Manhattan District Attorney’s Office. Last month, the New York Post reported that the DA’s office had launched a criminal probe into the incident, although that probe has not been confirmed by the office, led by Cyrus Vance Jr.