Inspectors examine the base of the crane, which had fallen...

Inspectors examine the base of the crane, which had fallen into two pieces Tuesday (Nancy Borowick) Credit: Inspectors examine the base of the crane, which had fallen into two pieces Tuesday (Nancy Borowick)

The construction site where a worker was killed Tuesday in a freak crane collapse could have been safer it were subject to city safety regulations, City Council Speaker Christine Quinn said Wednesday.

Michael Simermeyer, 30, of Burlington, N.J., was killed when two pieces of a crane at the construction site for the No. 7 train extension fell on him. Two others were injured.

Because the MTA is state agency, it is bound only by state safety regulations and not regulations from the city, which Quinn said are tailored to the unique construction conditions here.

"State regulations presently preclude the city from having oversight at MTA construction sites, making it impossible for us to ensure safety regulations of the City of New York ... are upheld to the highest standard," Quinn said, adding that investigators told her violations of city rules were found at the site.

However, Quinn said it was too early in the investigation to know whether city regulations might have saved the workers.

Tony Sclafani, a spokesman for the Department of Buildings, said that because the site is under state jurisdiction, the city does not issue any construction permits. However, the crane and its operator are registered with the city.

Sclafani declined to comment when asked about Quinn's concerns, but said investigators were assessing the equipment.

The MTA said it "shares" Quinn's concerns and is "examining" her proposal.

(with Marc Beja)

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