Safety recommendations were not followed prior to 2023 NYC crane collapse, report finds

The city has wrapped up a two-year probe into a shocking crane collapse in Manhattan that injured 12 people, and the Buildings Department says it would not have happened if the crane's owner followed safety recommendations sent out years earlier after two similar incidents.

The city shared their findings exclusively with CBS News New York investigative reporter Tim McNicholas.

"This incident is and was totally preventable"

In July 2023, a crane partially collapsed, crashed into a high-rise and shut down morning traffic at 10th Avenue and 41st Street in Hell's Kitchen. New Yorkers were both shocked and relieved that none of the 12 injuries were serious.

"This could have been much worse," Mayor Eric Adams said at the time.

The Buildings Department hired a consulting firm and launched a two-year investigation that's now finished. The final report – obtained exclusively by CBS News New York – shows a hydraulic hose disconnected and fuel leaked onto the hot crane deck, sparking a fire that caused the collapse.

It also shows the crane manufacturer, Favelle Favco, sent crane owners a list of safety recommendations after two strikingly similar fires and collapses on Favelle Favo cranes in Australia.

"This incident is and was totally preventable," Deputy Buildings Commissioner Yegal Shamash said.

Shamash said those recommendations included maintenance and inspections to prevent fires, installing a fire detection system, and keeping two 20-pound fire extinguishers on cranes.

"None of the recommendations were implemented by the owner of the crane," he said.

Investigators said a crane operator tried to put the Manhattan fire out before the collapse using one 4-pound fire extinguisher but failed.

The city said the safety recommendations should have been put in place by the crane owner, the New York Crane and Equipment Corporation.

That's the same company that owned a crane that collapsed on the Upper East Side in 2008, killing two construction workers. The company's late owner, James Lomma, was charged with negligent homicide and manslaughter in that case and then acquitted.

New York Crane and Equipment would not agree to an interview about the city's new report and an employee who answered the phone this week said he cannot comment.

Manhattan resident Alex Zeh said glass flew through her apartment in 2023 when part of the crane shattered her window while she was in the room. She was struck by debris.

"Maybe they're not in the right business," she said. "They're operating incredible equipment, and maybe they should find something, another industry if they're not gonna take safety precaution seriously."

Violations issued to crane operator, general contractor

The buildings department issued a safety violation and is seeking a $25,000 penalty from the crane operator, Cross Country Construction, but not New York Crane and Equipment, which leased the crane to Cross Country.

"We can only issue violations to people that submit permits with us, and those are the user of the crane and the folks that are permitting the construction site," Shamash said.

The city also issued violations to the general contractor, Monadnock Construction. The Buildings Department said one was dismissed, one was resolved, and one was upheld, resulting in a $25,000 penalty, although Monadnock said they're still trying to challenge that in court.

The company sent CBS News New York the following statement:

"The company has a 50-year track record of safely managing complex construction sites and appreciate that the decisive, life-saving action by our team on the day of the incident is the only reference to our firm in this report -- and it notes that that those efforts should set the standard for the construction industry." 

Cross Country Construction did not respond to CBS News New York's request for comment, and neither did manufacturer Favelle Favco.

The city said, as a result of their investigation, all of the manufacturer's safety recommendations are now required on tower cranes in New York City, as are automated fire suppression systems.

Zeh says that gives her some much-needed comfort.

"I think now that two years have passed, there's less fear, but I can't say that I don't think about what happened," she said. "There are noises that will happen sometimes that kind of brings me back there."