MEC&F Expert Engineers : 03/11/16

Friday, March 11, 2016

South Korea experienced 2,740 maritime accidents last year that resulted in 112 deaths or missing persons


South Korean Shipping Accidents Double in 2015


By MarEx 2016-03-11 00:34:17

South Korea experienced 2,740 maritime accidents last year that resulted in 112 deaths or missing persons, according to South Korean government data released in March.

The number of accidents was double the annual average of 1,367 for the previous three years.

The South Korean Ministry of Public Safety and Security blames the rise on poor maintenance and faulty equipment.

The number of accidents attributed to poor maintenance rose to 854 ships last year from 377 in 2014. Faulty equipment resulted in 676 accidents, double the previous year’s 305.

Fishing boats accounted for 1,566 accidents, pleasure craft, 324, and tugboats and barges, 145.

The figures released also showed that the number of deaths was higher than recent annual averages this decade, but much lower than that of 2014 – the year of the Sewol ferry disaster. Over 300 people, mostly school children, died when the Sewol ferry capsized off the nation’s south-western coast.

The Ministry intends to establish a vessel safety consultative body that will ensure follow-up measures are taken after maritime accidents. The nation’s Coast Guard will also institute a mobile maritime safety corps by the end of May.

The Sewol Saga Continues

The daughter of the late South Korean shipping tycoon blamed for 2014 Sewol disaster will be extradited from France back to South Korea. The decision on Yoo Byung-eun's eldest daughter, Som-na, came about two years after she was arrested in France in May 2014, reports South Korean News Agency Yonhap.

Som-na is wanted on a string of corruption charges and other alleged irregularities that are believed to have contributed to the sinking of the Sewol. Yoo Byung-eun, who owned the operator of the Sewol, Chonghaejin Marine Co., was found dead in July 2014 after a nation-wide manhunt.

Meanwhile, the bereaved families of students who died in the disaster have reached an agreement with other parents at the school to replicate the classrooms of the former students elsewhere instead of leaving them unused.

The classrooms at the Danwon High School in Ansan have been preserved the way they were since the Sewol sank, but controversy has arisen, as other parents at the school believe the classrooms should be put back into use.

The school, parents and the bereaved families decided on temporarily reproducing the classrooms’ settings with the original furnishings in an auditorium building at Ansan Office of Education by April 16, the second anniversary of the disaster.

The replicas will be then moved to a memorial center expected to be established by 2019.

Spanish authorities have arrested six people on charges relating to illegally fishing for Antarctic and Patagonian toothfish.

 


Spanish Authorities Arrest Fishing Crime Leader
 

Yongding fishing vessel

By MarEx 2016-03-11 00:50:50

Environmental group Sea Shepherd reports that Spanish authorities have arrested six people, including Antonio Vidal Suárez, a leader in the Vidal Armadores organization, on charges relating to illegally fishing for Antarctic and Patagonian toothfish.

Sea Shepherd’s Captains Peter Hammarstedt and Siddharth Chakravarty have congratulated the authorities. The environmentalists say that Vidal Armadores is the most notorious of a handful of Spanish-based fishing outfits that are believed to have controlling interests in the illegal trade of toothfish.

In 2002, the family-owned company made international headlines when Australian authorities famously pursued the Vidal-owned vessel, Viarsa 1, off sub-Antarctic Heard Island for suspected toothfish poaching. That same year United States officials seized an illegal shipment of Vidal Armadores toothfish.

Many of the company’s ships have ended up on international blacklists, including the Kunlun, Yongding and Songhua; three of the “Bandit 6” toothfish poaching vessels that have been the focus of Sea Shepherd’s last two Southern Ocean Defense Campaigns, Operation Icefish and Operation Icefish 2015-16.

In February 2015, during Operation Icefish, Chakravarty and the crew of the Sea Shepherd ship, Sam Simon, intercepted the Yongding and Kunlun in Australian Antarctic waters.

Chakravarty then pursued the Kunlun out of its hunting grounds in the Southern Ocean. International attention on the Kunlun and the issue of toothfish poaching ensued, and the vessel was prevented from returning to its poaching operations in the Southern Ocean, before it was arrested in Senegal last month.

In May 2015, the Songhua and Yongding were apprehended in Cabo Verde, West Africa, as a result of intelligence provided to international law enforcement by Hammarstedt.

“For over a decade the owners behind the Bandit 6 have remained hidden behind a shroud of mystery. Sea Shepherd’s actions on the oceans to shut down their fishing operations have been hugely successful. With the ships out of commission, land-based investigations and raids by various authorities in Spain are now taking the enforcement to the source of the illegal trade,” said Chakravarty.

Sea Shepherd has also highlighted the importance of continued international cooperation in the battle against illegal fishing.

“These recent arrests are evidence of the critical role of Interpol’s Fisheries Crime Unit and international cooperation in the fight against illegal fishing,” said Hammarstedt. “Global collaboration is essential to combat this crime which is also global, both in its nature and in its impact.”

United States Settles False Claims Act Allegations Against 21st Century Oncology for $34.7 Million

Tuesday, March 8, 2016
United States Settles False Claims Act Allegations Against 21st Century Oncology for $34.7 Million


21st Century Oncology Inc., the nation’s largest physician led integrated cancer care provider and its wholly owned subsidiary South Florida Radiation Oncology LLC, have agreed to settle allegations that they performed and billed for procedures that were not medically necessary, the Department of Justice announced today. 21st Century is headquartered in Fort Myers, Florida, and has offices in 16 states.

The settlement relates to defendants use of a medical procedure – called the Gamma function – to measure the exit dose of radiation from a patient after receiving radiation treatment. The United States alleged that the defendants knowingly and improperly billed for this procedure under circumstances where the procedure served no medically appropriate purpose. For example, the government alleged that the procedure was performed by physicians and physicists at 21st Century Oncology locations who were not properly trained to interpret and utilize the Gamma function results. The government also alleged that the defendants billed for this procedure when no physician reviewed the Gamma function results until seven or more days after the last day patients received radiation treatment therapy. Finally, the government alleged that the defendants billed for the procedure when no Gamma result was available due to technical failures in the imaging equipment.

“Today’s settlement demonstrates our unwavering commitment to protect the Medicare trust fund against unscrupulous providers,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Providers who waste taxpayer dollars by billing for unnecessary services, including services that are not used or improperly performed, will face serious consequences.”

“The U.S. Attorney’s Office is committed to taking the steps necessary to protect Medicare, TRICARE, and other federal health care programs from fraud,” said U.S. Attorney A. Lee Bentley III for the Middle District of Florida. “Healthcare providers may bill for new technologies only when they have been proven to be useful and when individual physicians and staff have been trained to use them properly.”

This lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Joseph Ting, a former physicist at South Florida Radiation Oncology. Under those provisions, a private party, known as a relator, can file an action on behalf of the United States and receive a portion of the recovery. Ting will receive more than $7 million.

“The waste of health care program dollars will not be tolerated,” said Special Agent in Charge Shimon R. Richmond for the Health and Human Services (HHS) Office of the Inspector General. “Providers at 21st Century Oncology have agreed to settle claims that in some instances they performed tests that were not only medically unnecessary, but that no one had been trained to properly interpret, thereby allegedly causing the taxpayers to pay for useless tests.”

This past December, 21st Century Oncology LLC, a wholly owned subsidiary of 21st Century Oncology Inc., paid $19.75 million to settle allegations that it violated the False Claims Act by billing for medically unnecessary laboratory urine tests and for encouraging physicians to order these tests by offering bonuses based in part on the number of tests the physicians referred to its laboratory.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Secretary of Health and Human Services Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $27.4 billion through False Claims Act cases, with more than $17.4 billion of that amount recovered in cases involving fraud against federal health care programs.

“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of TRICARE, the Department of Defense health care program that serves our warfighters, their family members, and military retirees,” said Special Agent in Charge John F. Khin of DCIS Southeast Field Office. “With DoD’s limited resources and budgets, DCIS must continue to aggressively investigate fraud, waste and abuse to preserve and recover precious taxpayer dollars for our most vulnerable programs.”

This matter was handled by the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the Civil Division’s Commercial Litigation Branch, the Department of Health and Human Services Office of Inspector General (HHS/OIG) and the Defense Criminal Investigative Service (DCIS).

The claims resolved by this settlement are allegations only, and there has been no determination of liability. The lawsuit against the defendants was filed in the U.S. District Court for the Middle District of Florida and is captioned United States ex rel. Ting v. 21st Century Oncology and South Florida Radiation Oncology.

Senior Auction Official at Beverly Hills Gallery Pleads Guilty in Connection with $1 Million Wildlife Smuggling Conspiracy



Wednesday, March 9, 2016
Senior Auction Official at Beverly Hills Gallery Pleads Guilty in Connection with $1 Million Wildlife Smuggling Conspiracy


Joseph Chait, the senior auction administrator of a Beverly Hills, California, gallery and auction house, pleaded guilty to conspiring to smuggle wildlife products made from rhinoceros horn, elephant ivory and coral with a market value of at least approximately $1 million, announced Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Preet Bharara for the Southern District of New York and Director Dan Ashe for the U.S. Fish & Wildlife Service (FWS). Chait, 38, of Beverly Hills, pleaded guilty to a two-count information before U.S. District Judge J. Paul Oetken for the Southern District of New York.

“Rhinos and elephants have been on earth for millennia but are now at grave risk due to the illegal wildlife trade,” said John C. Cruden, Assistant Attorney General for the Environment and Natural Resources Division. “The United States and other destination markets have a special responsibility to help save these beloved creatures from extinction. Those in the auction industry need to be responsible and not turn a blind eye to the fact that trade in protected animal parts is highly regulated. Illegal wildlife trafficking takes many forms and those who deliberately break the rules and engage in smuggling will be prosecuted to the full extent of the law.”

“Joseph Chait and his co-conspirators trafficked in wildlife worth a market value of at least $1 million, deliberately flouting laws put in place to protect endangered species such as rhinoceros,” said U.S. Attorney Bharara. “We are grateful for the outstanding work of the FWS in this investigation, which is ongoing.”

“This case demonstrates the insidious nature of wildlife trafficking, showing how these activities permeate our society in many social, economic and cultural areas,” said Director Ashe. “One criminal at a time. One guilty plea at a time. Federal prosecutors, our devoted team of law enforcement officers, and their colleagues around the globe are helping reduce trade in illegal wildlife products that is decimating populations of some of our most cherished species.”

According to allegations contained in the Information and statements made in court filings and proceedings:

Chait and his co-conspirators engaged in illegal trafficking of wildlife with a market value of at least $1 million. Chait personally falsified customs forms by stating that rhinoceros horn and elephant ivory items were made of bone, wood or plastic. For example, during Asia Week in New York City in or about March 2011, Chait was approached about the potential sale of a carving of Guanyin, an East Asian spiritual figure made from rhinoceros horn (the Rhino Carving). Despite knowing that it was not a genuine antique, Chait and his co-conspirators accepted the Rhino Carving for consignment, advertised the sale to foreign clients in China and put the Rhino Carving on the cover of Auction House-1’s catalogue in connection with an auction of Asian art and antiques. After the Rhino Carving sold at auction for $230,000, Chait offered to make a false document for the buyer to help the buyer smuggle the item out of the country. The fake invoice falsely stated that the item cost $108.75 and was made of plastic.

Chait and his co-conspirators also sold ivory carvings to another foreign customer and provided those carvings to that customer’s courier, even after learning that the customer had been arrested in China for smuggling ivory purchased from Chait’s auction house.

In addition to falsifying customs forms by stating that rhinoceros horn and elephant ivory items were made of bone, wood or plastic, Chait and his co-conspirators conspired to aid smuggling in other ways:
Wildlife items were shipped to or picked up by third party shippers, who then re-shipped the items out of the country to foreign buyers without the required declaration or permits.

Members of the conspiracy provided packing materials to foreign wildlife buyers to assist them in hand carrying the wildlife out of the country.

Foreign wildlife buyers where not charged a state sales tax if they showed a foreign passport and itinerary for an international flight as proof the item would be leaving the country which Chait and his co-conspirators knew was insufficient time to obtain an export permit.

Protected wildlife was smuggled into the United States without declaration or permits and then sold at auction.

Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. The trade in rhinoceros horn and elephant ivory has been restricted since 1976 under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world. Trade in protected wildlife such as rhinoceros horn and elephant ivory has been significantly restricted in the last two years as the result of a Presidential Executive Order except for those instances where sellers can prove that the item is a genuine antique that is more than 100 years of age.

* * *

Chait faces a maximum of five years in prison for conspiring to smuggle wildlife products and a maximum of five years in prison for violating the Lacey Act. These statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentence imposed on the defendant will be determined by the judge.

Chait’s sentencing is scheduled for June 22, 2016, in front of Judge Oetken.

This matter is part of Operation Crash, a continuing investigation by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter, and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.

Assistant Attorney General Cruden and U.S. Attorney Bharara thanked the U.S. Fish and Wildlife Service for its outstanding work in this investigation as well as the U.S. Attorney’s Office for the District of New Jersey for its assistance on this matter. This case is being prosecuted by the U.S. Attorney Office’s Complex Frauds and Cybercrime Unit and the Environmental Crimes Section of the Department of Justice. Assistant U.S. Attorneys Jennifer Gachiri and Elizabeth Hanft and Senior Litigation Counsel Richard A. Udell with the Environmental Crimes Section are in charge of the prosecution.

Iberia Parish, Louisiana, Sheriff and Lieutenant Colonel Charged in Conspiracy to Assault Inmates



Wednesday, March 9, 2016
Iberia Parish, Louisiana, Sheriff and Lieutenant Colonel Charged in Conspiracy to Assault Inmates

Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Stephanie A. Finley of the Western District of Louisiana announced today that Iberia Parish, Louisiana, Sheriff Louis Ackal and Lieutenant Colonel Gerald Savoy were charged with civil rights violations arising out of the beatings of five pre-trial detainees at the Iberia Parish Jail (IPJ) on April 29, 2011. Ackal is charged with one count of conspiracy against rights and two counts of deprivation of rights under color of law, and Savoy is charged with one count of conspiracy against rights and one count of deprivation of rights under color of law.

The indictment alleges that Ackal and Savoy conspired with each other and with other officers to assault five inmates, identified by the initials C.O., S.S., A.T., A.D. and H.G., and that members of the conspiracy failed to intervene and stop the assaults.

Eight former Iberia Parish Sheriff Office employees previously entered guilty pleas in related cases before U.S. District Judge Patricia Minaldi of the Western District of Louisiana. The eight officers are former IPJ Warden Wesley Hayes, former IPJ Assistant Warden Jesse Hayes, former Lieutenant Bret Broussard of the Narcotics Unit, former narcotics agent Wade Bergeron, former narcotics agent Jason Comeaux, former narcotics agent David Hines, former narcotics agent Byron Benjamin Lassalle and former K-9 handler Robert Burns.

An indictment is merely an allegation, and the defendants are presumed innocent until proven guilty. If convicted, Ackal and Savoy each face a maximum sentence of 10 years in prison for each of the civil rights violations, as well as a potential $250,000 fine for each count.

The case is being investigated by the FBI’s Lafayette Resident Agency. The case is being prosecuted by Assistant U.S. Attorney Joseph G. Jarzabek of the Western District of Louisiana, Special Litigation Counsel Mark Blumberg and Trial Attorney Tona Boyd of the Civil Rights Division’s Criminal Section.

The US Justice Department has fined two Maersk Group units with USD 3.6 million in civil charges for filing “recreated” weight tickets to support invoices.


Two Maersk Units Hit with USD 3.6 Mln Fine


Image Courtesy: Farrell Lines

The US Justice Department has fined two Maersk Group units with USD 3.6 million in civil charges for filing “recreated” weight tickets to support invoices.

One of the companies, the US-based roll-on roll-off carrier Farrell Lines, had an agreement with the United States Transportation Command (USTRANSCOM) under which it was required to undertake international door-to-door and/or port-to-port transportation services to move Department of Defense (DoD) and other government approved cargo into and out of Afghanistan via air, sea, and land.

Farrell subcontracted its work on the contract to its affiliate, the freight forwarding and supply chain management firm DAMCO USA, which is the second company being fined.

The price of the contract was based almost exclusively on the weight of the shipments, and documented cargo weights, consisting of “weight tickets” issued by a certified commercial scale for each cargo container, needed to be included with billing invoices to the government.

According to the US Justice Department, USTRANSCOM discovered that 563 weight tickets submitted by Farrell to support their billing invoices were “recreated” by Damco employees and not authentic weight tickets.

The department said that Farrell and Damco were cooperative in the investigation.

Cabot Oil & Gas Co must pay more than $4.2 million in damages to two families in northeastern Pennsylvania who said the company's fracking operations contaminated their ground water.


Pennsylvania families win $4.2 million damages in fracking lawsuit
HARRISBURG, Pa. | By David DeKok


A federal jury ruled on Thursday that Cabot Oil & Gas Co must pay more than $4.2 million in damages to two families in northeastern Pennsylvania who said the company's fracking operations contaminated their ground water.

Six jurors in federal court in Scranton awarded $1.3 million each to Scott Ely and Monica Marta-Ely, a married couple in Dimock. Each of their three children received an award of $50,000.

A second couple, Ray and Victoria Hubert, also of Dimock, about 32 miles (50 km) south of Binghamton, New York, each received $720,000, and their daughter Hope was awarded $50,000.

"This has been an exhausting 6-1/2 years," Scott Ely said after the verdict.

He said Cabot fought hard and "boxed them in," limiting the evidence his pro bono attorney, Leslie Lewis, could introduce, or what Ely could say in testimony.

"They are an arrogant company that bullies their way to what they want," Ely said. "If they had just done the right thing, it would have been so much easier for them."

Cabot spokesman George Stark said the company was surprised by the verdict, and again asserted there was no evidence linking contamination of the Ely and Hubert wells to their fracking operations.

"Cabot will be filing motions with the court to set the verdict aside based on the lack of evidence as well as conduct of plaintiff's counsel calculated to deprive Cabot of a fair trial," he said.

The Elys and Huberts were the last of more than 40 families who had sued Cabot. They alleged that their water was contaminated with methane gas after the company began using the process of hydraulic fracturing, or fracking, to extract gas from underground shale formations near Dimock in 2008.

The other families settled with the company in 2012.

"We haven't had clean water since he was in kindergarten," said Monica Marta-Ely, referring to her 13-year-old son, Jared, before the trial began.

The family's lawyer, Lewis, accused Cabot of "reckless disregard" for the families' safety.

Dimock gained notoriety in the 2010 documentary "Gasland" by Josh Fox. It showed local residents lighting their tap water on fire because of the high amount of methane it contained.

Stephen Dillard, a lawyer for Cabot, argued in court that the methane occurred naturally and was not caused by the company's drilling operations. He contended that the ground water, while aesthetically displeasing, was safe to drink.

Seven students were loaded into ambulances following a school bus crash in southeast Houston






7 students taken to hospital after HISD bus crash
KHOU Staff, KHOU.com 12:32 p.m. CST March 11, 2016



(Photo: KHOU 11)


HOUSTON – Seven students were loaded into ambulances following a school bus crash in southeast Houston, the Houston Independent School District confirms.

The Houston Fire Department says the students were taken to the hospital as a precaution, and there were no reports of serious injuries.

The crash happened early Friday on Park Place Boulevard near Old Galveston Road, not far from the 610 Loop and Highway 225. Views from Air 11 showed a wrecked white Chevrolet sedan nearby. It appeared the car struck the bus from behind.

As of 8 a.m. several ambulances were on the scene along with Houston Police.

HISD officials say the bus was taking students to Lamar High School and the Challenge Early College High School on Houston's west side at the time of the crash.

Investigators said the driver who ran into the HISD bus says the bus came to a weird stop right at the railroad tracks on Park Place, and that's when he ran into the back of the bus.

Alexander Jimenez was driving the white car that hit the bus from behind.

"I really wasn't worried about the car or my health, I was just worried about the kids," Jimenez said.


Car that hit school bus (Photo: Air 11 / KHOU 11)

Jimenez says the school bus was sticking out in the intersection where he was trying to turn.

“Usually they stop like right here, but he stopped like farther back, and that's when I caught the edge of the corner of the bus," he said.

The damage to the school bus was minor, but it still had to be towed from the scene.

Jimenez's car was in much worse shape, but he says police told him the accident wasn't his fault.

"They said they've seen the cameras and it's not my fault, because I was doing my job by turning."

His fault or not, Jimenez said he did get a ticket for driving without a license or insurance.

Chemical blast leaves 1 graduate student hurt at Texas Tech


Posted: March 10, 2016 - 3:49pm | Updated: March 11, 2016 - 12:15am


Brad Tollefson / A-J Media
Emergency personnel cart a student out of the Texas Tech Chemistry Building on Thursday, March 10, 2016, after an explosion.




By SARAH RAFIQUE AND JORDAN SIGLER
A-J MEDIA



One person suffered minor injuries in what Texas Tech officials are describing as a minor explosion Thursday afternoon in the Texas Tech Chemistry Building.

The incident was kept to one room that sustained no damage, and the injured graduate student underwent a hazmat shower, according to Texas Tech spokesman Chris Cook.

“It was isolated to his physical body, minor abrasions, minor scrapes,” he said.

The student was carted into an ambulance and taken to a hospital.

It was not immediately clear what prompted the explosion or what chemical or chemicals were involved.

It was not clear if the student was supervised or not, Cook said

Lubbock Fire Rescue crews responded to the scene and evacuated students from the building.

Crews were responding to the area about 3:45 p.m.

The area was blocked off with tape as crews worked to make sure the site was safe for students to return, said Cook.

Thursday’s incident is not the first explosion to have rocked the Tech campus. In January 2010, a doctoral student lost three fingers, injured an eye and suffered burns to his face and hands after an explosion in a Tech lab.

Tech investigators linked that explosion to 20 surrounding violations of the university’s safety policy, according to A-J Media archives.

It prompted an “overhaul” in lab safety procedures.

During a Board of Regent meeting in February 2014, Tech officials heard the results of an internal investigation into lab safety on campus.

At the time, Kimberly Turner, chief audit executive, reported the university had made efforts to promote lab safety, such as establishing a faculty committee to evaluate campus labs and increasing safety training among faculty and students.

A number of other explosions have taken place within the past five years, including one last February when four people were taken to a hospital with minor injuries after an explosion believed to be caused by a chemical waste product occurred in the Chemistry Building.

There was also an explosion in the Chemistry and Biochemistry Building in October 2011, followed by a second explosion two weeks later in the Nanotechnology Building. No one was injured in either incident.

HazMat situation in New Lots in Brooklyn; Buckeye Pipeline breaks spewing fuel


HazMat situation in New Lots; Buckeye Pipeline breaks spewing fuel
There is a HazMat situation in the New Lots section of Brooklyn.

The Buckeye Pipeline suffered a break causing a massive odor of gas to permeate the air.

The break has since been isolated and the valves turned off.

The odor was smelled in the area of Linden Boulevard and Junius Street.

Newscopter 7 spotted a leak coming up through the ground.

This is a 2nd alarm HazMat response.

The fire department checked several locations along the pipeline, which carries jet fuel to JFK, LaGuardia, and Newark airports.

There is no impact on the area airports.

Buckeye Partners will attempt to figure out why there was a leak in the pipeline and fix it.

3 Governors Ask EPA for Review After the Emerging Chemical PFOA Found in Water



By The Associated Press


CONCORD, N.H.

Mar 10, 2016, 3:42 PM ET





The governors of New Hampshire, New York and Vermont are urging the U.S. Environmental Protection Agency to review and issue new safe drinking water guidelines regarding an emerging contaminant that's shown up in water systems and in private wells.

They wrote to EPA Administrator Gina McCarthy on Thursday asking for a review of the best available science regarding PFOA. It's part of a family of chemicals used to make nonstick cookware and stain-resistant carpeting.

Last month, Honeywell International and Saint-Gobain Performance Plastics were sued in New York. Regulators identified them as potentially responsible for chemical contamination in Hoosick Falls' water.

Saint-Gobain last owned the now-closed ChemFab plant in southwestern Vermont. It's been providing bottled water to residents since PFOA was found in North Bennington. It also found PFOA in samples in Merrimack, New Hampshire.

Firefighter is Electrocuted after Contacting Overhead Power Line, Kentucky








SUMMARY

On August 21, 2014, four firefighters arrived at a local university to assist in a national disease fundraising event. After debating where to set up their tower truck, the firefighters parked the tower truck close to a hydrant and two drains to protect landscape and provide drainage. Overhead power lines were present at all locations discussed. Firefighters 1 and 2 were in the bucket of the tower truck, a third firefighter was on the turntable of the truck opening the valves to access the water, while firefighter 4 was by the back of the truck watching the university film crew tape the introduction. Fundraising participants stood in front of the tower truck and firefighters opened the hose and sprayed them as they sang their school’s song. Once the song finished the crowd thanked the firemen and dispersed.

As the firefighters disassembled, one witness noticed that while attempting to dock, the bucket moved upward towards power lines instead of lowering. Firefighter 1, who was in control of the bucket, struck the powered electrical line sending a charge throughout the tower truck. Firefighter 1 then slumped down and witnesses heard him moaning. The victim then stood and struck the power line again with the left side of his head. Firefighter 2 who was also in the bucket with Firefighter 1 yelled for help.

At 11:44 am, emergency medical services were dispatched to the scene and arrived at 11:48 am. Paramedics treated firefighters 3 and 4 for non-life threatening injuries, and transported them to a local hospital. Firefighter 2 was transported first to a regional hospital then flown to a trauma center with electrical burns. Firefighter 1 was directly airlifted to a trauma center and succumbed to his injuries one month later from electrical burn complications.

CNR Lifting Incident was Complete Collapse of Crane Boom





Published in Oil Industry News on Thursday, 10 March 2016

Catastrophic Failure of Offshore Crane on North Sea Platform 


 A ‘lifting incident’ reported earlier today that happened on CNR’s Murchison platform yesterday was in fact a catastrophic failure of the platforms crane.

The picture sent to Oil and Gas People from sources close to the incident shows the cranes boom completely collapsed.

It has been confirmed that the crane was lifting from a supply ship when the incident happened and a Spokeswoman for CNR confirmed that the Boom of the crane had elevated above its limits.

Our source offshore confirmed that the crane boom had completely collapsed. The incident is believed to have resulted in some debris falling to sea although the spokeswoman for CNR confirmed the load being lifted made it safely onto the deck.

CNR issued this updated statement: "CNR International (UK) Limited can confirm that there has been significant damage to the boom on one of the Murchison platform cranes following an incident that occurred during a lifting operation yesterday (9th March).

"No one was hurt as result and all 102 personnel on board at the time of the incident are safe and well. There are no plans to downman.

"An investigation team, led by a member of CNR senior management, has been mobilised, and Health and Safety Executive (HSE) has been notified.

"The cause of the incident is still being established, however as a precaution, all crane operations on the platform have been suspended.

"Safety is a core value and CNR takes all incidents of this nature very seriously.

Murchison Platform is located in the Northern North Sea block, approximately 280 nautical miles North of Aberdeen."

Doddridge County gas well site shut down following fire



February 26, 2016
Associated Press

WEST UNION, W.Va. (AP) — State regulators say four Antero Resources natural gas wells in Doddridge County will remain idle while investigators examine a recent fire.

Department of Environmental Protection Kelly Gillenwater tells The Exponent Telegram (http://bit.ly/1WOnuni ) that there were no injuries from the early Thursday fire, and no material appears to have spilled outside the containment area at the site near West Union, about 75 miles south of Wheeling.

Antero said in a news release that the cause of the fire is still unknown.

Antero Chief Administrative Officer and Regional Senior Vice President Al Schopp says the company reported the fire to state regulators and voluntarily shut down the wells prior to the cease-operation order being issued. Gillenwater says investigators are still evaluating whether any citations will be necessary

Marine Safety is one of the U.S. Coast Guard’s important 11 statutory missions

Safety first


Story by Petty Officer 3rd Class David MicallefSmall RSS Icon
Marine safety inspector
  Capt. Mike Bogan, left, and Chief Warrant Officer Christian Wilson shake hands in front of the commercial fishing vessel Gambler, homeported in Point Pleasant, N.J., Monday, July 27, 2015. Bogan has been a captain aboard the Gambler for 30 years. (U.S. Coast Guard photo by Petty Officer 3rd Class David Micallef)


ATLANTIC CITY, N.J. - Marine Safety is one of the U.S. Coast Guard’s important 11 statutory missions, and is the area where the Coast Guard interacts the most with commercial vessels. Coast Guard personnel work to ensure commercial vessel safety by inspecting vessels under construction, inspecting vessels in service, investigating marine casualties, and licensing professional mariners.
Sector Delaware Bay and its marine inspectors play a pivotal role in this mission. Chief Warrant Officer Christian Wilson, a Coast Guard Marine Safety Specialist with over 18 years of service, is one of a handful of inspectors charged with protecting the passengers and crews who embark on over 200 commercial vessels that operate between Shark River, New Jersey to the Delaware/Maryland line, and the navigable portions of the Schuylkill and Delaware Rivers.

“I’m physically putting my signature on the certificate stating that the vessel meets regulations and is fit for service,” said Wilson. “My job is to ensure each vessel is in compliance with federal regulations. When I’m finished, I would be comfortable sending my wife and two tiny daughters tuna fishing 100 miles offshore on this vessel. This is what is in the back of my mind; my family, and every other crew member and passenger on those vessels.”

Wilson has been conducting vessel safety inspections on foreign and domestic vessels for the last three years in Sector Delaware Bay. Vessel safety inspections ensure the safety of the crew and passengers by thoroughly examining critical systems to ensure they are in good working order and that all safety equipment is up to date and properly maintained.

“We look at all aspects of the vessel,” said Wilson. “Navigation, safe handling, engineering, fire fighting, and life saving equipment are all covered when conducting safety inspections.”

The public will know a vessel is inspected because it will have an inspection sticker like on a car posted in a prominent location and will have a certificate of inspection available for viewing like in an elevator. The Coast Guard has been inspecting vessels since before cars and elevators were inspected.

Wilson has inspected numerous commercial vessels throughout Sector Delaware Bay’s area of responsibility; one of these vessels is the Gambler, a commercial fishing boat homeported in Point Pleasant, New Jersey.

“We’ve just completed the hull inspection on the Gambler and their topside inspection and everything is always really positive,” said Wilson. “That’s usually the case with our inspections.”
Capt. Mike Bogan is one of three captains aboard the Gambler. The Gambler typically sails from April through January, carrying upwards of 100 people per day out to sea in search of a wide variety of fish. Bogan understands that with each passenger comes a solemn responsibility to ensure their safety and understands the importance of Coast Guard vessel safety inspections.

“I think sometimes people get aggravated about it, but I think the Coast Guard might find something we are not aware of,” said Bogan. “I would rather that be the case than to have us be ignorant of a problem that could turn into something serious.”
Bogan believes that safety is everyone’s responsibility.
“Every day, consider yourself an inspector,” said Bogan. “If you see something you’re not sure of don’t hesitate or wait until something happens — be on top of it.”

In addition to safety equipment, the Coast Guard periodically inspects the structure of the vessel itself.

“We conduct hull exams,” said Wilson. “Every couple of years, we inspect the underwater body while it’s out of the water and make sure all of the fittings and anything that penetrates the hull is in good working order. We inspect a wide range of boats constructed from wood, aluminum, steel, and fiberglass reinforced plastic — so this job requires a lot of knowledge.”

After the safety inspection, the Coast Guard issues a certificate, which is valid for five years, stating the vessel meets federal regulations. The Coast Guard also performs an annual inspection to ensure the vessel is meeting standards.

If you’re paying to fish for tuna, watch the sunset, or watch whales, you should first look for a valid Coast Guard safety sticker. Once you see it, you can be assured the vessel and master have met all federal safety standards.

Coast Guard rescues 3 near Bellingham, Washington (VIDEO)




The 57-foot fishing vessel Bergen is battered by wind and waves after washing onto the rocks in Squalicum Harbor, Wash., March 10, 2016. 

Crewmembers from Coast Guard Station Bellingham rescued three men from the vessel earlier in the day. U.S. Coast Guard video by Petty Officer 1st Class Jacob Hermanson.

Coast Guard urges paddlesport enthusiasts to take precautions on the water



 



March 11th, 2016   

 
NEW YORK — The Coast Guard is reminding paddlesport enthusiasts to take precautions to ensure safe trips and increase survivability on the water.

Paddlesports consisting of rowboats, canoes, kayaks and standup paddleboards, are the fastest growing segment of recreational boating.

Despite air temperatures reaching 60 degrees recently, water temperatures remain below 50 degrees. Under these conditions, a person in the water will begin to suffer from hypothermia within 72 minutes. However, a person in the water can lose the ability to swim and keep themselves afloat much sooner.

“Survival time in water this cold is based upon many factors,” said Cmdr. Aurora Fleming, Coast Guard Sector New York command center chief. “A person’s ability to live through any condition is greatly enhanced by wearing the right safety gear such as a lifejacket or immersion suit.”

The Coast Guard encourages boaters who enjoy paddlesports to continue doing so, but to use the correct safety and survival equipment. Paddlesport enthusiasts should also brush up on paddling education by taking one or more of the paddler education classes offered by the Coast Guard Auxiliary, state departments of natural resources, community park districts, paddling clubs and local commercial outfitters.

“Now is a great time to inspect your emergency preparedness gear,” said Fleming. “Check over your lifejackets, life rings and flares. Ensure that your radio and navigational devices are functioning properly, have your fire extinguishers serviced and become familiar with your gear. Knowing what to do and having reliable gear will save your life in an emergency situation.”

For owners of smaller watercraft, simple identification such as a person’s name and phone number printed legibly and made visible can assist Coast Guard search and rescue crews in contacting the owner if the vessel is located unmanned and adrift.

“Everyone should also file a float plan, which is shared with someone ashore,” said Fleming. “This is particularly important for those aboard a paddlesport watercraft which don’t have a marine radio.”

Below are additional safety tips the Coast Guard recommends for all paddlers:
Paddlers should always check the weather forecast before a trip and should dress for the water temperature, rather than the air temperature. At times this might mean wearing wet or dry suits while paddling.
A float plan should be completed and left with someone who is not going with the paddlers. A float plan is a lifesaving device on paper and provides emergency responders with valuable information they would need in order to search for a distressed or overdue boater. Information on a float plan and how to obtain a blank float plan can be found at http://ift.tt/1lrgyd4.
Paddlers should resist the temptation to take to the water alone and should instead paddle with a partner or in groups. This reduces risk to an individual in the event of an emergency. Paddling in groups increases the chances of being seen by powerboat operators and sail craft in the vicinity.
Paddlers need to understand their physical limitations and endurance. Paddling can be strenuous exercise, and paddlers should be physically fit and know techniques for self-rescue, as well as how to rescue fellow paddlers.
Paddlers need to understand the limitations of their paddlecraft. There are different types of paddlecraft design. Some kayaks are designed for touring and are capable of carrying significant amounts of gear for longer trips. These types of kayaks may cost several thousand dollars. Others, such as inexpensive, entry-level kayaks, are generally designed for protected waters, near-shore waters or water such as that found on lakes and slow moving rivers when paddling trips will be of shorter duration.

The Coast Guard Auxiliary offers complimentary vessel safety checks as well as public education courses and electronic float plans. To find the nearest Auxiliary Flotilla and for more boating safety resources, visit http://ift.tt/1HMinzL and www.uscgboating.org.

Mega Construction continues to expose workers to dangerous fall hazards at Daphne, Alabama, subdivisions; OSHA proposes more than $92K in fines

Mega Construction continues to expose workers to dangerous fall hazards at Daphne, Alabama, subdivisions; OSHA proposes more than $92K in fines


Employer name: Mega Construction Co. Inc.

Inspection site: 24543 Alex Court, Daphne, Alabama 36526
10650 Ahern Drive, Daphne, Alabama 36526

Citations issued: Citations were issued to the employer on March 4, 2016.

Investigation findings: The U.S. Department of Labor’s Occupational Safety and Health Administration conducted two separate inspections at the Bellaton and Dunmore subdivisions. The inspections are a part of the agency’s Regional Emphasis Program on Falls in Construction.

Mega Construction was issued two repeat citations for failing to provide fall protection equipment for employees working from heights up to 9 feet. OSHA has inspected the employer 12 times in the last five years, including after a fatality in September 2013.

Proposed penalties: $92,400

Quote: “It is extremely disturbing that, after a dozen inspections and a workplace fatality, Mega Construction continues to violate OSHA’s fall protection requirements,” said Joseph Roesler, OSHA’s area director in Mobile. “Our goal is to use firm, fair and consistent enforcement to ensure voluntary compliance.”

The citations can be viewed at: http://www.dol.gov/sites/default/files/documents/newsroom/releases/OSHA20160436a.pdf

http://www.dol.gov/sites/default/files/documents/newsroom/releases/OSHA20160436b.pdf

Based in Robertsdale, Alabama, Mega Construction has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions; obtain compliance assistance; file a complaint or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency’s Mobile Area Office at 251-441-6131.
OSHA News Brief:
03/07/2016

Worker suffers severe injury when hand is caught in machine at Safeway Packaging Inc., a New Bremen Ohio corrugated packaging company

Worker suffers severe injury when hand is caught in machine at Safeway Packaging Inc., a New Bremen Ohio corrugated packaging company


Employer name: Safeway Packaging Inc.

Inspection site: 300 White Mountain Drive, New Bremen, Ohio

Citations issued: March 3, 2016

Investigation findings: The U.S. Department of Labor Occupational Safety and Health Administration’s Toledo Area Office cited Safeway Packaging Inc. for two repeated and three serious safety violations.

OSHA investigated at the corrugated packaging company after a worker suffered a degloving injury of the left hand. The injury occurred when an air hose the employee was using to clean scrap away from a press, came into contact with a powered conveyor.

The federal agency cited the company for:
Failing to train employees before performing electrical work, and in machine safety procedures.
Exposing workers to operating machinery parts during service and maintenance because locking devices were not used.
Not providing electrical personal protective equipment.

Quote: “Each year, hundreds of workers suffer injury because employers fail to use and train workers on safety procedures,” said Kim Nelson, OSHA’s area director in Toledo. “Safeway Packaging was cited for similar violations in 2012. Employers with repeat violations demonstrate a lack of commitment to employee safety and concern for the well-being of their workers.”

Proposed Penalties: $69,000

View citations here.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Toledo Area Office at 419-259-7542.

OSHA finds wood floor designs used for concrete led to collapse, contractor’s death at restaurant reconstruction project . Builder’s failure to follow safety standards leads to fatal outcome

OSHA finds wood floor designs used for concrete led to collapse, contractor’s death at restaurant reconstruction project .

Builder’s failure to follow safety standards leads to fatal outcome


KILN, Miss. – When followed, safety standards save lives and painful injuries. In the construction industry, ignoring them can lead to disaster as it did for 54-year-old Gary Berthelot.

On Sept. 8, 2015, as workers poured concrete above, Berthelot and three workers employed by Great Southern Building Systems were placing additional supports beneath the concrete form when it collapsed. Falling concrete and other debris struck and trapped the father of four, who had 30 years of construction experience and was the project’s general contractor. The other worker escaped the collapse as they rebuilt at a local restaurant damaged by Hurricane Isaac.

An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration later found the project’s original flooring plans called for a wood floor, but the contractors did not get new engineering plans for a concrete floor and used designs that could not support the weight of the concrete.

OSHA cited Berthelot Design Systems and subcontractor, Great Southern Building Systems LLC, doing business as Bayou Steel Fabricators Inc., for safety violations related to the collapse. The agency issued citations to Great Southern Building Systems, LLC on March 2, 2016 for one willful and two serious safety violations. The agency waived the citations and penalties against Berthelot, as he was the company’s only employee.

“Great Southern Building Systems, LLC failed in its responsibility to protect its employees, despite being warned that the floor was unstable,” said Eugene Stewart, director of OSHA’s Jackson Area Office. “This tragedy could have been prevented had the employer obtained new engineering plans and followed the requirements.”

OSHA issued one willful citation for exposing workers to being struck-by material, because the concrete formwork was not built to handle the load on it.

Great Southern Building Systems, LLC received serious citations for not installing formwork to support the concrete floor as it was poured and not having engineering plans for the concrete floor onsite.

The citations can be viewed at:
http://www.dol.gov/sites/default/files/documents/newsroom/releases/OSHA20160458a.pdf
http://www.dol.gov/sites/default/files/documents/newsroom/releases/OSHA20160458b.pdf

Based in Pearl River Louisiana, Great Southern Building Systems, LLC has 15 business days from receipt of their citations and proposed penalties to comply, request a conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. Proposed penalties total $79,800.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Jackson Area Office at 601-965-4606.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

OSHA cites Marine Builders, Inc., a marine construction company, for exposing workers to three-story high fall hazards, other safety violations

OSHA cites Marine Builders, Inc., a marine construction company, for exposing workers to three-story high fall hazards, other safety violations


Employer name: Marine Builders, Inc.

Inspection site: 5821 Utica Pike, Jeffersonville, Indiana

Citations issued: March 1, 2016

Investigation findings: The U.S. Department of Labor Occupational Safety and Health Administration’s cited Marine Builders Inc. for one repeat, eight serious and three other-than-serious safety violations.

Investigators from the agency’s Indianapolis area office responded to complaints alleging unsafe working conditions at the full-service marine construction company.

The agency cited the company for:
Exposing workers to fall hazards of about 33 feet from tug decks that lacked adequate guardrails.
Failing to maintain rigging equipment.
Lack of crane tests and inspections.
Electrical safety violations including use of damaged equipment.
Incomplete injury and illness logs.

Quote: “Shipyards pose many potential safety hazards and, as such, employers must be vigilant to specific hazards that come with working on the water including falls, damp and slippery conditions and the use of cranes,” said Vanessa Martin, OSHA’s area director in Indianapolis. “Complying with OSHA’s common sense safety standards protects workers from injury on the job.”

Proposed Penalties: $43,995

View Citations: here.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Indianapolis Area Office at 317-226-7299.

US Labor Department sues Lloyd Industries, after the Pennsylvania duct manufacturer fires two employees for identifying, documenting machine hazards.

US Labor Department sues Lloyd Industries, after the Pennsylvania duct manufacturer fires two employees for identifying, documenting machine hazards.

Suit alleges Lloyd Industries retaliated against workers after OSHA inspects, cites company

MONTGOMERYVILLE, Pa. – On July 11, 2014, a worker at Lloyd Industries’ Montgomeryville plant suffered the amputation of three fingers after a machine without safety guards crushed his hand. The company, a leading manufacturer of fire dampers and HVAC products, fired him immediately after the incident.

Four months later, OSHA received a safety complaint from the injured employee and the agency opened an inspection. On Nov. 18, 2014, five days after it began, company owner William P. Lloyd fired a worker he suspected to be a “rat” who had assisted the injured employee by providing him with pictures of the unguarded machine. In fact, the employee had taken photographs of the unguarded machine that caused the amputation, other areas of the shop and of employees operating unguarded machines. He shared those pictures with the injured man.

In May 11, 2015, the federal agency issued citations to the company with total penalties of $822,000. That day, Lloyd fired the plant’s manager because he believed the manager had cooperated with OSHA and provided damaging information during the inspection.

In response, the U.S. Department of Labor filed suit against Lloyd Industries Inc., and owner William P. Lloyd on March 8, 2016, seeking to have the employees reinstated and compensated for lost wages and damages.

“Lloyd Industries has a long, unfortunate history of putting employees at risk and defying federal officials. Since 2000, approximately 40 serious injuries including lacerations, crushed, fractured, dislocated and amputated fingers have been recorded,” said Richard Mendelson, OSHA regional administrator in Philadelphia. “William P. Lloyd refuses to make his company safe. Whenever someone tries, they are fired.”

The first employee filed an OSHA complaint, alleging Lloyd fired him in retaliation for assisting in the filing of the federal complaint. The plant manager also filed, alleging in his complaint that Lloyd fired him for his cooperation with OSHA.

In its review, the agency found that the company violated the anti-discrimination provision of the Occupational Safety and Health Act, or Section 11(c), when it terminated the complainants because they had engaged in the protected activities under the Act.

To date, Lloyd Industries has failed to reinstate both workers, as well as compensate them for lost wages and other damages suffered as a result of the improper terminations.

Filed in the U.S. District Court for the Eastern District of Pennsylvania, the suit seeks to:
Enjoin Lloyd Industries and William P. Lloyd from violating Section 11(c)(1) of the Act.
Direct the defendants to reinstate both employees.
Direct the defendants to compensate the complainants for lost wages and interest, punitive damages, emotional distress, pain and suffering resulting from their terminations.
Direct the defendants to post notices at all of its work sites for 60 days stating that it will not discriminate or retaliate against employees involved in activities protected by Section 11 (c) of the Act.

The department’s Regional Office of the Solicitor in Philadelphia is litigating the case.

William Lloyd founded Lloyd Industries in 1981. Based in Montgomeryville, the company manufactures fire dampers and HVAC products, which it distributes through contractors throughout the U.S. and Canada. Lloyd also has operations in Orange Park, Florida, and Kowloon, Honk Kong.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or the government. Employees who believe that they have been retaliated against for engaging in protected conducted may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. More information is available online at http://www.whistleblower.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by settling and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

OSHA: Bergen County contractor willfully exposed workers to potential trench cave-in at Parsippany worksite. D.S. Meyer Enterprises LLC fined $52,500 for the violation

OSHA: Bergen County contractor willfully exposed workers to potential trench cave-in at Parsippany worksite.

D.S. Meyer Enterprises LLC fined $52,500 for the violation


Employer name: D.S. Meyer Enterprises LLC, 34 Maple Ave. Waldwick, New Jersey

Site: 45 Waterview Blvd., Parsippany, New Jersey

Citations issued: On Feb. 29, 2016, the U.S. Department of Labor Occupational Safety and Health Administration’s Parsippany Area Office issued citations for five serious and one willful violation.

Investigation findings: On Jan. 19, 2016, OSHA responded after being notified of an imminent danger created by unprotected trench hazards as workers repaired an underground water line. When OSHA inspectors arrived at the site, they found a worker in an unprotected trench more than 8 feet deep with water accumulating in it from the leaking water main. OSHA subsequently cited D.S. Meyer Enterprises with a willful violation for allowing the worker to be exposed to a cave-in hazard. OSHA also cited the company for failing to ensure that workers in the trench wore hard hats, exposing workers to a spoil pile containing rocks and asphalt just inches from the open trench, and use of an improper ladder for accessing the trench.

OSHA conducted this inspection under its national emphasis program focused on trenches and a local emphasis program on construction.

The employer has 15 business days from receipt of the citation and proposed penalty to comply, request an informal conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.

Proposed penalty: $52,500

Quote: “Despite knowing cave-in protection was required, D.S. Meyer Enterprises chose instead to willfully expose workers in that trench to life-threatening conditions,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “The fatality rate for excavation work is 112 percent higher than the rate for general construction. Trench protection systems are more than a required OSHA safety standard; they are a matter of life and death.”

View the citations: http://www.osha.gov/ooc/citations/DSMeyerEnterprises_1118681_-0225_16.pdf

To ask questions; obtain compliance assistance; file a complaint; or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Parsippany Area Office at 973-263-1003.

Lynn roofing contractor again exposes employees to fall, electrical hazards Continental Construction Group previously cited by OSHA in 2012

Lynn roofing contractor again exposes employees to fall, electrical hazards
Continental Construction Group previously cited by OSHA in 2012


Employer name: Continental Construction Group, 177 North Common St., Lynn, Massachusetts

Citations issued: Five repeat and two serious citations.

Investigation findings: Continental Construction Group exposed employees to falls of 13 to 24 feet while constructing decks at a house at 21 Beach Road in Lynn. The fall hazards stemmed from missing mid-rails at the third-floor level, no fall protection at the second-floor level, using improper ladders to access the second- and third-floor levels and failing to provide fall safety training to employees. The employees also faced electric shock hazards from ungrounded electrical equipment and power cords. OSHA previously cited Continental Construction in 2012 for several similar hazards at another work site in Lynn.

Proposed penalties: $55,400

Quote: “Continental Construction’s recurring failure to protect its employees against clear and present workplace hazards is disturbing. These employees were one slip, trip or misstep away from suffering deadly or disabling falls. It’s imperative that this employer use and maintain effective safeguards on all its jobs,” said Anthony Covello, OSHA’s area director for Essex and Middlesex counties.

Link to citations: Here.

Next: Continental Construction has chosen to contest its citations and proposed penalties to the independent Occupational Safety and Health Review Commission.

Information: To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency’s Andover office at 978-837-4460.

Wardman Hotel LLC, doing business as Marriott Wardman Park Hotel, a DC hotel, exposes employees to more than two dozen workplace safety, health hazards; faces $76K in fines




Employer: Wardman Hotel LLC, doing business as Marriott Wardman Park Hotel

Site: 2600 Woodley Road, N.W., Washington, D.C.

Citations issued: On Feb. 24, 2016, the U.S. Department of Labor Occupational Safety and Health Administration issued citations for 12 serious and 14 other-than-serious violations.

Investigation findings: OSHA’s investigation began Aug. 24, 2015, in response to a complaint alleging hazards at the hotel.

OSHA inspectors identified a number of hazards, including:
Inadequate personal protective equipment for employees working with chemical products.
Deficiencies with the documentation of the OSHA 300 log.
Failure to report a worker hospitalization to OSHA within 24 hours.
Employees cleaning with compressed air in excess of 30 pounds per square inch.
Electrical hazards.
Deficiencies with the hotel’s energy control program.
Fall hazards as high as four feet.
Deficiencies in the hotel’s bloodborne pathogen and hazard communication programs.

The employer has 15 business days from receipt of the citation and proposed penalty to comply, request an informal conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.

Proposed penalty: $76,700

Quote: “Each of these hazards leaves employees at the hotel exposed to unnecessary safety and health risks,” said Nadira Janack, director of OSHA’s Baltimore Washington Area Office. “Employers have a legal responsibility to protect workers on the job. Anything less is unacceptable.”

View the citations:
http://www.osha.gov/ooc/citations/WardmanHotelLLC_1110296.pdf
http://www.osha.gov/ooc/citations/WardmanHotelLLC_1087109.pdf

To ask questions; obtain compliance assistance; file a complaint; or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency's Parsippany Area Office at 973-263-1003.

Dollar General store in Georgia continues to ignore entrapment and fire hazards despite recent OSHA citations, penalties. Bowdon location cited twice in less than a year

Dollar General store in Georgia continues to ignore entrapment and fire hazards despite recent OSHA citations, penalties.

Bowdon location cited twice in less than a year


Employer name: Dollar General Corporation

Inspection site: 203 Wedowee St., Bowdon, Georgia 30108

Citations issued: The U.S. Department of Labor’s Occupational Safety and Health Administration issued citations to the employer on March 07 for two repeated and one serious safety violation.

Inspection findings: The agency cited Dollar General for repeatedly exposing workers to fire hazards by blocking emergency exits and fire extinguishers with merchandise and utility carts. OSHA cited the company for the same violations at this location in March 2015.

The serious citation is related to entrapment hazards due to the employer not keeping the aisles leading to the exit doors unobstructed.

Quote: “Dollar General continues to expose workers to safety hazards previously identified at this location and found at other locations throughout the country,” said Christi Griffin, OSHA’s area director in the Atlanta-West Office. This is a clear indication that management is not sharing safety and health information throughout the corporation to protect its employees.”

Proposed penalties: $69,000

The citations can be viewed at:

http://www.dol.gov/sites/default/files/documents/newsroom/releases/OSHA20160370.pdf

Dollar General has been inspected and cited approximately 52 times by OSHA in the last five years. The violations found include blocked exits and electrical panels and improperly maintained fire extinguishers.

Headquartered in Goodlettsville, Tennessee, Dollar General is a discount retailer with more than 100,000 employees in 12,000 store locations in 43 states nationwide. Workers are typically engaged in stocking shelves and selling merchandise. The employer has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions; obtain compliance assistance; file a complaint; or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Atlanta-West Area Office at 678-903-7301.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

OSHA cites Serwas Window Cleaning Services after 20-year-old window washer falls to death. Safety violations found at three company jobsites

OSHA cites Serwas Window Cleaning Services after 20-year-old window washer falls to death.

Safety violations found at three company jobsites


OSHKOSH, Wis. ‒ A 20-year-old window washer fell more than 58 feet to his death because his safety lines were not properly tied off, federal inspectors found.

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Serwas Window Cleaning Services LLC, for a total of one willful and eight serious safety citations following three separate investigations of company worksites in Appleton, Green Bay, and Oshkosh. The investigations were opened following the worker’s Sept. 9, 2015, death.

“This young man’s tragic death illustrates the importance of training workers in the proper use of fall protection systems,” said Robert Bonack, OSHA’s area director for the Appleton office. “Window washing is an inherently dangerous job. Employers must ensure workers have the proper equipment and are trained in its use.”

OSHA’s fatality inspection found the rooftop rigger being used by the worker was not tied back to a separate anchor point and counterweights were not utilized prior to him going over the edge to clean a set of windows at a senior living property on Hazel Street in Oshkosh.

The agency cited the company for four serious violations for failing to use fall protection properly and train workers in fall protection systems used during drop work. OSHA also issued Serwas a hazard letter for not marking or tagging the ropes used on the rigger with the length, diameter, and date placed in service.

While investigating the fatality, inspectors found another worker had fallen on a job site on Adams Street in Green Bay on July 16, 2015, OSHA issued three serious violations to the company on Jan. 12, 2016, for violating fall protection standards. Serwas has contested those citations.

On Oct. 1, 2015, an OSHA inspector observed workers cleaning gutters on a residential roof on Durkee Street in Appleton, without fall protection. The company was cited for failing to provide fall protection on this site as well.

Citations for the Hazel and Durkee Street violations were issued to the company on March 7. Proposed penalties for all three inspections total $ 69,800.

OSHA offers a Stop Falls online resource with detailed information in English and Spanish on fall protection standards. The page provides fact sheets, posters, and videos that illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities six feet or more above the next lower level.

The agency’s ongoing Fall Prevention Campaign was developed in partnership with the National Institute for Occupational Safety and Health and NIOSH’s National Occupational Research Agenda program. Begun in 2012, the campaign provides employers with lifesaving information and educational materials on how to prevent falls, provide the right equipment for workers and train employees to use gear properly.

Sewas Window Cleaning Services has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Appleton area office at 920-734-4521.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Alabama worker’s injury at a Pilgrim’s Pride Corp. processing plant brings OSHA citations, penalties for the poultry producer. Agency finds reoccurring safety hazards at this facility

Alabama worker’s injury at a Pilgrim’s Pride Corp. processing plant brings OSHA citations, penalties for the poultry producer.  

Agency finds reoccurring safety hazards at this facility


Employer name: Pilgrim’s Pride Corp.

Investigation site: 2045 Highway 244, Russellville, Alabama 35653

Citations issued: The U.S. Department of Labor’s Occupational Safety and Health Administration issued citations to the employer on March 07 for one repeated and one serious safety violation.

Investigation findings: OSHA initiated the investigation after learning that a 53-year-old machine operator suffered a severe injury as he attempted to reassemble a chicken-part separating machine. As he worked on the machine, it started unexpectedly and amputated the middle finger on his left hand up to the first joint.

OSHA cited Pilgrim’s Pride for failing to develop, document and train workers on the specific procedures to prevent machinery from starting up during maintenance and servicing. The employer was previously cited for this violation in 2010 at this location.

The serious citation relates to the employer improperly splicing electrical cords.

Quote: “This worker’s unfortunate injury at Pilgrim’s Pride could have been easily prevented. Management knew that employees were exposed to amputation hazards from machinery that could startup unexpectedly, yet they did nothing to fix the problem,” said Ramona Morris, OSHA’s area director in Birmingham. “I am disappointed that management would allow these hazards to reoccur.”

Proposed penalties: $77,000

The citations can be viewed at:

http://www.dol.gov/sites/default/files/documents/newsroom/releases/OSHA20160399.pdf

Pilgrim’s Pride is the world’s second largest chicken producer, able to process more than 34 million birds per week. The company employs approximately 35,000 workers with operations in 12 states, Mexico and Puerto Rico. The employer has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions; obtain compliance assistance; file a complaint; or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Birmingham Area Office at 205-731-1534.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Berlin Builders continues to expose workers to life-threatening falls, other safety hazards at Southern New Jersey worksites

Berlin Builders continues to expose workers to life-threatening falls, other safety hazards at Southern New Jersey worksites.
 
Company fined $198K for violations in Camden, Gloucester, Mercer, Ocean counties
 
CINNAMINSON, N.J. – Workers of Berlin Builders, a residential construction contractor with projects throughout Southern New Jersey, are a step away from a serious injury or worse because their employer routinely exposes them to dangerous falls by ignoring safety standards that are required by law.
Separate inspections at New Jersey worksites in Haddonfield, Robbinsville, Glassboro and Lakewood by the U.S. Department of Labor’s Occupational Safety and Health Administration resulted in a total of 19 repeat and eight serious violations for the Cinnaminson-based company. Berlin Builders faces a total of $198,550 in federal penalties, including:
  • 310 East Park Ave, Haddonfield $47,080
  • 15, Sapphire Road, Robbinsville $42,570
  • 130 1st St., Lakewood $61,380
  • 2500 Gianna Drive, Glassboro $47,520
OSHA opened the inspections under its local emphasis program focused on falls. Falls are the leading cause of death in the construction industry, responsible for 40 percent of the industry’s workplace fatalities in 2014.
“By refusing to provide the proper fall protection, Berlin Builders is jeopardizing the lives and well-being of its employees and their families,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “Four in 10 construction workers who die as a result of workplace injury suffer a fall, so it’s vital that construction companies take responsibility to ensure worker safety. No one should have to compromise their safety in order to earn a paycheck.”
Inspectors found Berlin Builders failed to:
  • Provide fall protection for workers exposed to fall hazards as high as 29 feet.
  • Train employees on fall protection.
  • Inspect jobsites for hazards.
  • Train employees on how to use ladders properly.
OSHA also cited the company for similar violations in 2015.
In addition to the fall hazards, the agency issued serious citations for a lack of personal protection equipment, damaged electrical cords, and the lack of fall protection in an aerial lift.
To view the citations, visit:    
The company has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Marlton Area Office at 856-596-5200.