OSHA, police investigating Saratoga Springs construction site death, man’s funeral Friday

SARATOGA SPRINGS – Funeral services for a 52-year-old man who died after falling at a Saratoga Springs construction site last week have been scheduled for Friday. 

Nelson A. Bernard of Hoosick Falls died on Thanksgiving at Albany Medical Center – two days after sustaining injuries from a fall at a site behind the Rip Van Dam Hotel on Broadway. 

The hotel is part of a roughly $50 million project to expand the Adelphi Hotel – right next door, adding up to 200,000 square feet, which will include 31 hotel rooms, 84 apartments, underground parking, a spa, a gym, meeting rooms and a business center. 

Police determined Bernard’s injuries came from his fall from an elevated position, as well as falling debris.

Saratoga Springs Police Department investigators processed the scene the day of the incident and contacted the Occupational Safety and Health Administration of New York regarding the construction accident, police said.

There was video at the site, which police have reviewed, according to Paul Veitch, city police’s public information officer. 

“At the present time it does not change the classification of the investigation from accidental to criminal,” he said.

Bernard was a concrete mason for Bast Hatfield Construction, according to his obituary. 

Bast Hatfield and Bonacio Construction, which is working on the project, are both under inspection by OSHA, according to Ted Fitzgerald, regional director of public affairs for the department. 

“Their purpose is to determine whether or not there were any violations of workplace safety standards in connection with this incident,” he said in an emailed response Tuesday. “If an inspection identifies violations, OSHA could issue citations to and propose penalties for the employer[s] involved.”

Fitzgerald said OSHA does not comment on ongoing inspections and the inspection could take up to six months to complete. 

Neither officials from Bast Hatfield nor Bonacio returned requests for comment. 

Veitch said the construction site was released after OSHA conducted its investigation. Veitch said he cannot comment on whether the death could have been avoided, noting, “OSHA would have more authority and expertise to make that determination than I.”

Nelson is described in his obituary as someone who loved hunting, fishing, riding his bike and spending time with his family. 

He is survived by his wife Julie (North) Bernard and their children Michael (Kaitlyn) Bernard, Katarina (Gage) Bernard and Mersadeys (Jordan) Bernard. He had four grandchildren – Stephen and Jackson Bernard and Mason and Cole Hathaway. He is also survived by two sisters and three brothers, predeceased by his brother Michael F. Bernard. 

Funeral services will be held Friday at 8 p.m. at the Mahar Funeral Home, 43 Main St. in Hoosicks Falls, according to the obituary, which also says people can make memorial contributions to the Karen & Molly McGovern Memorial Fund through the funeral home.

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