AUSTINTOWN OSHA probes man's drowning at complex

Rescuers found no lifesaving rings or skiffs near the pond. .
By IAN HILL
VINDICATOR STAFF WRITER
AUSTINTOWN -- Federal workplace safety investigators are looking into the drowning of a laborer in a retention pond off New Road.
Gary Wells, 44, of East Dewey Avenue, Youngstown, drowned Thursday morning after his canoe capsized in a pond in the Heron's Landing subdivision. Wells was a laborer for Mill Creek Company of Canfield, the developer of Heron's Landing, which is between state Route 46 and South Turner Road.
Wells had been trying to remove a fountain from the pond.
Investigators from the federal Occupational Safety and Health Administration came to Austintown Thursday after learning about the drowning from law enforcement officials.
"We're definitely doing everything we can to get all the information to them," said Rick Salata, president of Mill Creek Co. "It's obviously a terrible tragedy for our company."
OSHA's objectives
Rob Medlock, director of OSHA's Cleveland office, said the investigators will first work to find the cause of Wells' death and determine how drownings at the site can be prevented in the future.
Then investigators will determine whether the man's drowning could have been prevented if federal workplace regulations were followed. An employer can be fined as much as $70,000 for violating federal workplace regulations.
Those regulations state that "employees working over or near water, where the danger of drowning exists, shall be provided with U.S. Coast Guard-approved life jacket or buoyant work vests."
Wells was not wearing a life vest and could not swim, firefighters said. The canoe also did not contain any life vests, they said.
Federal regulations also state that lifesaving rings and a lifesaving skiff must be available where employees are working over water. There are no lifesaving rings or skiffs near the pond.
Salata said that Mill Creek Co. also is conducting an investigation and that the company didn't have additional information about the drowning.
What happened
Police reports state that Wells was in a canoe with Vincent Cappitte, 33, of Maple Circle, Girard, about 8:30 a.m. trying to disconnect a fountain in the pond when the canoe capsized. Cappitte swam to shore and was treated at Forum Health Northside Medical Center.
The pond is about 150 feet wide, 225 feet long and 14 feet deep where the canoe capsized. The water temperature was about 40 degrees.
Salata said employees have removed the fountain in past years without problems.
As Wells clung to the capsized canoe, another construction worker waded into the pond and tried to throw him a hose, reports state.
Wells could not reach the hose, however, and he went under the water. A Heron's Landing resident called 911.
The first police officer on the scene, Sgt. Steven Garstka, saw a baseball cap floating in the water about 40 feet from shore. With the help of paramedics, Garstka went into the water and righted the canoe, then paddled toward the baseball cap.
He reached the cap and looked into the water, but he could not locate Wells.
Firefighters from Weathersfield, Canfield and Austintown unsuccessfully dragged the bottom of the pond for Wells. Divers from the Mahoning County Dive team finally pulled Wells from the pond about an hour and 20 minutes after the canoe capsized.
hill@vindy.com