Contractor contests fine in fatal accident at BIW

BATH – A New Jersey marine contractor is contesting a $360,000 fine for a fatal accident in which a crane slid off a barge into the Kennebec River at Bath Iron Works.

The proposed fine against Weeks Marine Inc. of Cranford, N.J., is one of the largest for a workplace death in recent state history. The U.S. Occupational Safety and Health Administration has cited the company for seven safety violations related to the Dec. 21 accident at the shipbuilder’s land level transfer facility.

The crane operator, 48-year-old Steven Oldham, of Felton, Del., was killed, and his body was never recovered. His co-worker, William Larkins, survived.

OSHA proposed the fine in June and said Weeks Marine failed to take steps such as securing the crane to the barge and having a lifesaving skiff available.

At the time, George Wittich, senior vice president for Weeks Marine, expressed regret over the accident and said the matter would likely be settled out of court. But the company is now contesting OSHA’s decision, according to C. William Freeman III, the agency’s area director.

“We began meeting in June, but we couldn’t resolve this case,” Freeman said. “Officially, they’re contesting everything, the amount of the fine and the violations.”

Weeks Marine’s lawyer, James McCormack of Portland, referred all questions to Wittich. Wittich could not be reached for comment.

Lawyers for both sides are to meet next month about the possibility of a settlement. Freeman said the case will go before an administrative law judge if no settlement is reached.

A ruling by the administrative law judge could be appealed to OSHA’s Review Commission and the U.S. Supreme Court.

Oldham’s family, meanwhile, plans to hold a memorial service on the first anniversary of his death.

Oldham’s brother Mark said Thursday the family may go to Bath and lay a wreath over the spot where the crane sank.

Oldham’s widow, Joyce Oldham, said she still hopes her husband’s body will be recovered.

“It’s hard. I don’t know where Steven is,” she said. “It’s unbelievable that no trace of my husband has been found.”

Maine Marine Patrol Lt. Dave Mercier said the search for Oldham’s body has never really ended.

“The intensity of our search may have changed, but we’ll never stop.”