...relied on historical data, rather than new tests, to determine if concrete had gained sufficient strength.

OSHA also cited both Fabi and Philadelphia-based Keating Building Corp., the project’s prime contractor, for failing to maintain the formwork for the eighth level so that it could support construction loads without failing. Site Blauvelt Engineers, Mt. Laurel, N.J., also failed to properly train employees for inspection responsibilities, claims OSHA.

All but one of the companies cited, Mitchell Bar Placement, which could not be reached for comment, have indicated they will contest the penalties. In a statement, Fabi says it "addressed all safety requirements, including constructing the garage in accordance with the approved plans and procedures." The accident’s cause must await completed demolition, the firm claims. Fabi has complained to a New Jersey Superior Court judge that critical evidence is being destroyed during demolition.

Keating says there was nothing in OSHA’s findings or in its own research "that point in any way to a direct and clear-cut cause of this tragedy. There are no simple answers here." Site Blauvelt Engineers believes "the citations are unfounded and we will contest those very aggressively," says Daniel Sell, vice president for human resources.

OSHA’s modest findings leave the door open to interpretation. One outside engineer describes some of the alleged violations, such as the lack of a shoring plan, as being "bad." But he also complains that OSHA’s investigations are performed on a shoestring and fall short of being authoritative yet OSHA’s findings often determine public perceptions. The agency’s failure to identify a cause means it "didn’t know or didn’t do enough," he says.

Future legal battles may do more to cloud than clarify the picture of what occurred at the Tropicana. "The job is swarming with plaintiffs’ experts," says one person close to the project. "The OSHA investigation is about truth; everything else is about money."