Two Face Discipline
Sanit Tries to Cure Injury Notification

By REUVEN BLAU

Nearly a month after the Sanitation Department failed to notify the family of a fatally injured worker for 12 hours, the agency has modified its policy on informing relatives of injured employees and disciplined two supervisors involved in the incident.

RAFAEL CONCEPCION: Family left in dark.

Sanitation Worker Rafael Concepcion died Dec. 15 when he was thrown from the cab of his truck after his partner lost control while rounding a corner. But the delay in informing his family enraged his relatives and Harry Nespoli, president of the Uniformed Sanitationmen's Association.

'They Dropped the Ball'

In response, the DSNY has reissued its order detailing how supervisors must notify family members of injured workers who are in the hospital at the end of a shift. "They usually did that before, but somebody dropped the ball this time around," Mr. Nespoli said during a Jan. 3 phone interview.

The department now requires supervisors to document when they have notified a family member.

"The department has changed some of its protocols, and it shouldn't happen again," added Joseph Mannion, president of Sanitation Officers' Association Local 444 of the Service Employees' International Union.

HARRY NESPOLI: Should never happen again.

The DSNY said that one superintendent and one chief involved in the incident were suspended for five days. "Several other employees received letters of reprimand," agency spokesman Matthew Lipani said in an e-mail.

"It was a very unfortunate tragedy," Mr. Mannion remarked, noting that he represents the superintendent who was punished. "I don't believe our officers did anything wrong. Certain protocols were not followed from the main Manhattan office."

The handling of the early morning incident was complicated by the fact that it took place over two shifts and initially appeared to be a minor accident. According to Mr. Mannion, a notification mix-up occurred in part due to a miscommunication in the main office during the first tour. The accident happened on the corner of 188th St. and Washington Ave. in The Bronx at about 2:45 a.m.

People familiar with the case also charged that doctors at St. Barnabas Hospital failed to properly diagnose Mr. Concepcion, who was bleeding internally via a ruptured artery in his leg. "The hospital didn't attend to this individual the way they should have," Mr. Mannion asserted. "They thought he only had a dislocated leg. He was technically bleeding to death in the hospital and they had no clue."

JOSEPH MANNION: Hospital blew diagnosis.

"Mr. Concepcion received heroic care from the hospital's trauma team and all the resources available at a Level I Trauma Center," responded St. Barnabas spokesman Fred Winters.

Mr. Nespoli noted that the family could have spent more time with Mr. Concepcion before his death had they been properly notified. "I'm still very, very annoyed that something like this happened," he added.

In the future, Mr. Nespoli said the union will make sure that the family has been informed. "I'll call up the department to notify them to make sure the family was notified," he said.

Push for LOD Benefits

Mr. Concepcion, 36, was remembered as a dedicated father of two young daughters and a hard worker at his Dec. 15 funeral. He is survived by his partner, Evelyn Curet, and two daughters Kateleen, 7, and Brianna, 1. Mr. Nespoli said that he expects the Mayor to propose legislation to grant them line-of-duty death benefits.

The union and Joseph Addabbo Jr., the chair of the City Council Civil Service and Labor Committee, have long argued that the family of all city workers killed on the job should automatically receive those benefits, just as cops and firefighters do.

"What's the difference between a member dying on this uniformed force or another uniformed force?" Mr. Nespoli asked.