Drinking on the job
How common is it?

More than a week after a construction worker from A.S. Horner fell to his death from the Second Street overpass on I-40, the construction site remains shut down as investigations into the incident continue. [photo by Jeff Jones / Independent]

By Leslie Wood
Staff writer

GALLUP — The Department of Transportation continues to investigate A.S. Horner Construction company and would like to resume construction as soon as possible at the site of the fatal fall late last month.

Simultaneously, the agency wants to take the appropriate measures to ensure nothing similar occurs in the future and boost the public’s confidence in the integrity of construction along the Second Street bridge.

Construction worker Bennie Dubois fell some 20 feet to his death after he slipped from a plank located above Second Street. It was later revealed that he and a group of A.S. Horner employees had been drinking alcohol prior to the fatal fall. Foreman Leonard Yazzie, 38, was arrested on drunken driving charges as he drove from the construction site moments after the accident. He has been arrested for DWI on multiple occasions.

The tragedy has sparked numerous investigation into the A.S. Horner company and procedures within the construction industry.

“The governor has made it clear and has directed us to investigate the company and its contracts,” S.U. Mahesh, a spokesman for the Department of Transportation, said.
However, the DOT has yet to make any decisions as to the possible termination of construction contracts with the company. The entity has also asked to review all of the records of A.S. Horner employees.

“Safety is a number one priority of what we do,” Mahesh said.

He also hopes to reassure the public of the structural integrity of the bridge. Two teams of DOT employees inspected the bridge immediately after the fall to ensure its safety.

“We want to assure the public that we are taking this seriously,” Mahesh said. “ ... There were no problems with the structural integrity of the bridge.”

Sgt. Erin Toadlena-Pablo, a spokeswoman for the Gallup Police Department, said the incident has been ruled an industrial accident as far the police department is concerned.

During the agency’s investigation into the fall, authorities learned Yazzie had been driving on a license that had been revoked since January 2003. The revocation contained a clause that Yazzie be arrested if caught driving within the state of New Mexico.

Dave Dallago, owner of local construction company Dallago Corporation, said his business keeps close watch on its employees and has a no tolerance policy for alcohol on construction sites.

“I’ve never had to dismiss anyone for that reason ... If you’re caught drinking, you’re dismissed, no ifs, ands or buts,” Dallago said. “ ... Having people drinking on the job is not a common occurrence.”

Prior to each employee’s hire, he or she must undergo a driver’s license screen to ensure no DWIs or license revocations exist in their past.

The DOT did not immediately release where A.S. Horner had contracts in Gallup, but Dallago said the company worked on sites along the Nizhoni extension and east Toltec Street.

“They do have jobs in the area,” Dallago said.

A.S. Horner President Dave Krueger said he received a police report about the incident Friday.

“We’re still gathering information about what’s going on,” he said.

He said the involved employees have been fired and the business is open to a reevaluation of its policies.

The business conducted checks of Yazzie’s background and found no mention of a revoked license.

“We are a private business. We don’t have access to the same checks as law enforcement does,” Krueger said. “ ...We wouldn’t have allowed anyone to drive on a revoked license.”

He considers the fall an “isolated incident,” but still plans to continue with the investigation to make sure nothing similar occurs in the future.

“ ... Everything is open for reassessment,” Krueger said.
He also emphasized that the Second Street bridge is sound and that A.S. Horner employees had just completed the demolition phase and reconstruction had yet to begin.