A surprising number of cranes are failing new state safety inspections even though the construction industry has had ample time to get into compliance.

It's been three years since a deadly crane collapse in Bellevue killed Microsoft lawyer, Matthew Ammon, as he sat in his nearby apartment. The incident sparked a series of new rules for the operation and maintenance of cranes -- rules that took effect just last month.

Investigative Reporter Chris Halsne checked up on the programs early successes and failures.

January 1, the Department of Labor and Industries hired seven crane inspectors to start visiting construction sites looking for blue safety certification tags stuck to the side of actively working cranes.

Of the approximately 35 inspections so far, 10 flunked.

For decades, many of the cranes that spiked Seattle's skyline were erected and dismantled like carnival rides.

About the only time state inspectors showed up was after a big accident or when someone called in a serious safety complaint.

Some pro-active construction company owners hired private inspectors to make sure stress on cables, beams, and bolts was rooted out.

Others, perhaps to save a little money, just trusted the machinery wouldn't falter.

Under that honors system, hundreds of construction workers were seriously injured or died*, including crane operator Terry Potter in November on 2007.

His sister, Tesa, spoke with KIRO Team 7 Investigators last week.

“Terry was a big lovable bear. Loved to hunt and fish. Was a family guy. Family came first. He always went into work and gave it 110 percent.”

Tesa Potter says her brother fell nine stories to his death while climbing down from his cab. She believes if Washington's new safety rules (and inspection enforcement) were in place before his accident, it may have been prevented.

“I think it will make a world of difference. If there was somebody on site to do that on the site Terry was working on, he'd be here today. I wholeheartedly believe that.”

In an attempt to greatly reduce the number of fatal accidents around cranes, Washington lawmakers decided the construction industry could no longer police itself. Some crane operators now need additional certifications.

Crane owners, including rental companies, must also have someone, like certified surveyor Gaytor Rasmussen of Seattle Tower Crane Inspection, crawling around to make sure standards are met prior to state inspectors arriving.

Rasmussen isn’t on the government payroll and is one of about 50 private inspectors in Washington that makes sure contractors like Turner Construction never fail a state inspection.

Rasmussen says, “These cranes are being used, loaded and off loaded, constantly moving. The welds can crack. The lacings can deform, ropes, they wear on themselves. We have to be out there on a regular basis to make sure they aren't deteriorating during use.”

KIRO Team 7 Investigators reviewed 16 years worth of crane accidents in Washington to help identify the most dangerous kinds of violations - the ones inspectors need to key in on.

The number one killer is smaller, portable cranes getting too close to power lines causing electrocutions.

Next comes crane collapses due to improperly secured bases or mismanaged loads.

The third most deadly violation is workers getting struck by falling debris.

Then there are safety problems like these: Hidden under carpet , the rusted-through floor of a crane operators cab. Under old rules, the crane would likely keep operating, even though everyone knew it was in unsafe condition. Not anymore.

Tesa Potter thinks that is a very good thing.

“We have to take responsibility. The government has to take responsibility and save lives. That’s the bottom line. Don't save the buck. Save the lives.”

KIRO Team 7 Investigators checked and noticed the state hasn't yet issued any citations or fines for the cranes that failed the first round of state inspections. We'll be watching to see if they do.

A spokesperson for the Washington State Department of Labor and Industries says the percentage of cranes failing the new state inspections is high because L&I is currently targeting sites where they have been tipped to non-compliance issues.

*Accident numbers are a compilation of Federal Labor, CDC, Washington State L&I, and media accounts dating back to 1973. Modern crane fatalities statistics are as follows: Since 1999, L&I has recorded 14 deaths in Washington related to cranes or their use.