Massachusetts charges supplier in tunnel collapse

By Scott Malone

BOSTON (Reuters) - Massachusetts authorities on Wednesday brought the first criminal charges after last year's fatal collapse in Boston's massive Big Dig road and tunnel project, accusing an adhesives company of manslaughter.

A Suffolk Country grand jury indicted Powers Fasteners Inc., of Brewster, New York, with one count of involuntary manslaughter. The state alleges the company knowingly supplied an inadequate adhesive that was used on bolts that held up a tunnel ceiling in America's costliest public works project.

In July 2006, a three-ton chunk of that ceiling tore loose and landed on a car that was carrying 38-year-old Milena Del Valle, killing her instantly. That happened because a system of bolts used to suspend a hanging tunnel ceiling crept loose, authorities said.

"The result of the creep was the ceiling collapse on the car," said Massachusetts Attorney General Martha Coakley.

The state said Powers supplied the Big Dig project with its "Power-Fast Fast Set" epoxy adhesive to hold up the tunnel ceiling, rather than the "Power-Fast Standard Set."

Coakley said if the standard variety -- which takes longer to harden but was better suited to the sustained weight of the tunnel's ceiling -- had been used, the accident could have been avoided.

Coakley said that a 1999 inspection revealed some of the bolts used to hang the suspended ceiling -- a design that promoted airflow through the tunnel -- had begun to pull loose. She charged that Powers officials were notified of the problem, and did not advise tunnel contractors to switch from the fast-set epoxy to the standard variety.

In a statement, Powers denied that it knew the fast-set epoxy had been used in the ceiling and said project managers prevented a company engineer from testing why the bolts were slipping.

"At no time did anyone ever tell Powers, and Powers never had reason to believe, that its Fast Set product was used in the tunnel ceiling," said Jeffrey Powers, president of Powers Fasteners, in the statement.

$1,000 FINE IF CONVICTED

Massachusetts officials said Powers revenue from the project exceeded $500,000. The manslaughter charge carries a maximum fine of $1,000.

"The statute in Massachusetts for manslaughter may be wholly inadequate as we look at criminal culpability for behavior that is wanton and reckless," Coakley told reporters. "It does not seem to be an appropriate punishment."

She noted the state has also filed a civil suit against Powers and other tunnel contractors that could bring stiffer financial penalties.

Privately held Bechtel/Parsons Brinkerhoff has led the construction project.

Coakley left open the possibility that the state could file additional criminal charges against other parties.