NEW YORK CITY-A joint investigation by the city's Department of Buildings and Department of Investigations found that human error was at play in the death of 41-year-old Suzanne Hart, the Young & Rubicam employee who was fatally crushed by a malfunctioning elevator inside the company's headquarters at 285 Madison Ave. last December.

After a forensic examination of Transel Elevator, Inc.--the firm that maintains the elevators inside the Madison Avenue office building--the report found that a safety circuit was bypassed on elevator nine, the one involved in the fatality, allowing the elevator to accelerate upwards with its doors open, says the DOB. Transel workers failed to follow basic safety procedures before the incident, such as placing caution tape across the elevator’s door jamb, and notifying DOB to inspect the elevators before putting them back in service, as required by the New York City Building Code.

As a result, John Fichera, Transel’s owner, was suspended by the DOB. The suspension prevents the company from performing any elevator upgrades, new installations, or inspections in the city pending the appointment of a new license holder. In addition, DOB has already issued 23 violations, with a minimum penalty of $117,000, to Transel, including violations for operating elevator 9 without a certificate of compliance, the DOB says.

“These workers and their supervisors failed to follow the most basic safety procedures, and their carelessness cost a woman her life," says DOB commissioner Robert D. LiMandri, in a prepared statement following the report. "New Yorkers who commute to work each day must rely on workers to maintain our buildings in a safe manner at all times, and these employees betrayed that public trust. Failing to post warning signs about the work and allowing this elevator back into service without proper safeguards are clear violations of the building code and their blatant disregard for the law and public safety is inexcusable. If these safety measures were in place, this tragedy would have been prevented.”

During the two-month investigation, DOB inspectors performed a series of inspections and tests on elevator 9 and its parts, including the controller or circuit wiring, motor, brake, traveling cables, and interlocking devices that control the elevator cab doors and the hoistway doors that open on the lobby floor, according to the DOB.

Lerch Bates, Inc., a Maplewood, NJ-based consulting firm, found that inspectors conducted a mechanical recreation of the incident at 285 Madison Ave., while reviewing Transel Elevator records, surveillance video footage and the history of the elevator device. No program failure, brake failure, power surge, or faulty wiring is believed to have played a role in the incident, says the DOB.

Just before the fatal accident, Y&R signed a new lease for 340,000 square feet at 3 Columbus Circle and plans to relocate 1,500 employees to the building.

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