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A state investigation has ruled that the death of a construction worker at the Benson Polytechnic High School project site last spring was preventable, and has found her employer, REFA Erection Inc., committed two 鈥渟erious job safety violations鈥� and fined the company $40,289.

Samantha 鈥淪am鈥� Deschenes was run over by a forklift on May 30, 2024, resulting in injuries to which she succumbed two days later. Deschenes, 32, had joined Ironworkers Local 29 in June 2020. Her son was age 9 when she was killed.

鈥淭he company made a series of flawed decisions, the investigation found, exposing workers to a struck-by hazard that could be expected to seriously injure or kill them,鈥� Oregon Occupational Safety and Health Division spokesman Aaron Corvin stated in an email. 鈥淭he death of Deschenes, an apprentice ironworker for REFA, was preventable.鈥�

Oregon OSHA identified two violations. The first found that REFA 鈥渄id not take all reasonable means鈥� to ensure employees used means and methods 鈥渢hat were necessary to safely accomplish all work where employees were exposed to a hazard.鈥� That violation 鈥渃aused or contributed to (a) work-related fatality.鈥�

Deschenes, an apprentice ironworker, was struck by a Gehl RS5-19, a 5-ton forklift known as a telehandler that moves materials around construction sites. The forklift was being used to transport metal railings from one staging area at Northeast 15th Avenue and Glisan Street to another staging area along Northeast 12th Avenue. The metal railings were suspended from the forklift by a heavy-duty jib, Oregon OSHA found.

The forklift trips 鈥� each 0.34 to 0.45 of a mile 鈥� were made by a four-person team. Workers included the driver, one worker holding the front of the load, Deschenes managing the load鈥檚 swing at the rear, and a traffic flagger. During the third forklift trip, Deschenes was acting as a spotter when she was struck by the forklift鈥檚 front right wheel and taken to Legacy Emanuel Medical Center nearby, where she underwent surgery. She died on June 1, 2024.

REFA did not immediately respond to a message seeking comment. The company, founded in 1983 and based in Tigard, appealed the citations in December. REFA is represented by Newberg-based Cummins, Goodman, Denley & Vickers PC.

Andersen Construction served as general contractor for the Benson High project. In a separate but related investigation, Oregon OSHA found Andersen 鈥渄id not have sufficient knowledge of the dangerous method used by REFA Erection,鈥� Corvin stated. No citations were issued to Andersen.

Brian Knudsen, president of Andersen鈥檚 Portland office, declined to comment. Andersen is facing a wrongful death lawsuit in the matter.

Andersen is also facing scrutiny from Portland Public Schools. A district memo recommended canceling and rebidding Andersen鈥檚 contract for the $366 million rebuild of Jefferson High School, citing shifting costs for Jefferson and cost overruns and the Deschenes鈥� death at Benson High.

Oregon OSHA鈥檚 report was made public this week. The Oregonian/OregonLive first reported on the results of the state investigation.

According to notes from Oregon OSHA鈥檚 investigation, the aluminum landscape railings were unexpectedly delivered that day and REFA decided to move them. In doing so, REFA 鈥渆xposed an employee to a fatal injury by not ensuring that employees use safe means and methods and safe walking speeds鈥� while moving the railings 鈥渙ver the road by a forklift with a jib boom on it during rush-hour traffic while moving against oncoming traffic.鈥�

In multiple Oregon OSHA interviews, construction managers and workers said the materials transportation method is 鈥渁 common practice in the industry.鈥�

Oregon OSHA suggested alternatives, including moving the panels by hand along the fire lane, using a flatbed truck or trailer to transport the panels, or operating the forklift in reverse, with the load rigged to eliminate the need for employees to be in direct physical contact with the load or to be in front of the moving forklift.