Mark Walker, and Joe Sneve

Argus Leader

The construction company involved in a fatal Sioux Falls building collapse willfully disregarded safety precautions that could have prevented the tragedy, according to an investigation by federal workplace safety officials.

Occupational Safety and Health Administration issued two new citations Friday against Hultgren Construction, the company that was renovating the former Copper Lounge building Dec. 2 when it collapsed, killing a construction worker and trapping an apartment resident under the rubble for hours.

According to the citations, the company told employees to remove two load-bearing walls but did not provide instruction on how to install a temporary support system. The company also failed to conduct an engineering survey before beginning the demolition work, the investigation found.

The citations come with proposed penalties of $101,400 and follow more than two dozen other citations and a $100,000 penalty issued last Monday related to the construction site. A temporary labor company, Command Center, was also fined $114,000 last week and intends to contest its citations.

Aaron Hultgren, president of Hultgren Construction, said in an email Monday that his company had received the citations but declined further comment.

"Each step we take is with the utmost gravity and respect for everyone concerned,” Hultgren wrote. “We at Hultgren Construction remain committed to working through the process with OSHA and all other concerned parties."

The latest citations were both classified as willful, meaning that OSHA concluded the employer either knowingly failed to comply with a legal requirement or acted with plain indifference to employee safety. It's the highest level of violation OSHA issues and comes with penalties 10 times greater than "serious" accidental oversights.

An attorney representing the family of Ethan McMahon, the 24-year-old worker killed in the collapse, said OSHA's findings confirm the family's belief that it was avoidable.

"The OSHA citations issued today confirm that this tragedy was entirely preventable and should have never happened. Ethan’s family and loved ones continue to grieve his loss," Vince Roche wrote.

The citation report was also being reviewed by an attorney for the family of Emily Fodness, a 22-year-old woman who was trapped under the building rubble for hours until firefighters rescued her.

“We’re obviously very interested in the finding that OSHA has made," attorney Dan Fritz said. "OSHA has more resources available to it to do an investigation, and for that reason we’re very interested. Before we a have a lawsuit, we don’t have that ability.”

OSHA spokesman Scott Allen said he doesn’t anticipate additional citations related the building collapse, though the case remains open pending appeals or payment by the companies involved.

Hultgren Construction has 15 days to contest the citations.

Argus Leader Media reporter Jeremy Fugleberg contributed to this report.

More coverage of building collapse.

Previously: Feds fine companies more than $200,000 in building collapse

Previously: Building collapse fine among the largest in state history