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Second accident at Pantano Wash raises questions about construction site's safety

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Second accident at Pantano Wash raises questions about construction site's safety

CREATED Apr 2, 2012
Reporter: Claire Doan
TUCSON (KGUN9-TV) -- Nine days after a man lost his life while on the job at a county construction site, another accident occurs.
KGUN9 News has been on this story from day one, trying to get answers to your questions about the safety of the company, the safety of the site and the facts regarding the deadly accident. And the accident Monday around noon raises yet more questions about the Pantano Wash site near Tanque Verde and Grant. 
Nobody was hurt and no emergency crews were on scene, but the dump truck carrying a heavy load was found tipped over on the side of the wash, with tire tracks that show it was mere inches from the right edge of the path. The accident is what the family of Danny Murphy was afraid of after he died at the same construction site on March 29, while driving a truck.
"I think they should make sure it's safe for any of their employees -- not just for Danny, but any of their employees ... They should make sure conditions are safe," said Glenda DePew, Murphy's mother-in-law, referring to not only the subcontractors but also Pima County, which hired companies to work on this project. 
9 On Your Side has confirmed that NAC Construction is the subcontractor that hired Harvey Trucking to work on this project for Pima County. Both the county and the companies declined interviews, citing pending litigation. 
So who's making sure the site is safe? Who's getting answers for Murphy's family? We put the question to Pima County Sheriff's Department (PCSD), which first responded to the scene of Murphy's accident. 
"The case was initially investigated by the Traffic Unit investigators. Once that investigation was done, it went to OSHA at that point, where it lies," said spokesperson Dep. Dawn Barkman. 
OSHA is the Occupational Safety and Health Administration. Barkman insists that it's OSHA's jurisdiction since the accident occurred in a wash, rather than an access road of which PCSD would be in charge of.
KGUN9 News could not get confirmation from OSHA that it is conducting the investigation, even after a phone call and visit to its Tucson office.
Meanwhile, drivers continue to maneuver dump trucks and cranes in this wash ... after two accidents and without an agency admitting it has taken on a much-needed investigation.