MEC&F Expert Engineers : 06/28/16

Tuesday, June 28, 2016

A settlement was reached in the civil trial stemming from the 2012 fatal explosion on a Black Elk Energy Offshore Operations LLC platform in the Gulf of Mexico






Settlement reached in civil trial over fatal offshore explosion
Jun 28, 2016, 8:18am CDT

 Jack Witthaus Web producer Houston Business Journal


A settlement was reached in the civil trial stemming from the 2012 fatal explosion on a Black Elk Energy Offshore Operations LLC platform in the Gulf of Mexico.

The New Orleans trial — which started last week and combined nine lawsuits— was expected to last several weeks before a settlement was announced June 27, according to the Associated Press. The settlement's terms were not disclosed.



 

A settlement was reached in the civil trial stemming from the 2012 fatal explosion

The trial for the criminal case has been set for Jan. 17, 2017. It’s also expected to last several weeks.

The Nov. 16, 2012, explosion killed three contractor workers, injured others and leaked oil into the Gulf of Mexico. Houston-based Black Elk operated the West Delta 32 oil platform 17 miles southeast of Grand Isle, Louisiana. Louisiana-based Grand Isle Shipyard Inc. and Scotland-based Wood Group PSN Inc. were also involved in different capacities while construction work was being done on the platform at the time of the explosion.

Last year, the U.S. Attorney’s Office filed criminal charges against Black Elk, Grand Isle Shipyard, Wood Group PSN and three individuals.

In a statement last November, Wood Group PSN noted it was one of six contractors working on the platform when the incident occurred. The company also said it was not notified that "hot work" was going to occur at the particular unit on the day of the incident and "would have taken appropriate action to isolate the unit as our safety policies and procedures dictate."

Court of Appeals for the District of Columbia Circuit rejected environmentalists’ challenges to two liquefied natural gas export projects.




Court rejects greens’ challenges to natural gas exports
  


By Timothy Cama - 06/28/16 01:45 PM EDT


A federal appeals court rejected environmentalists’ challenges to two liquefied natural gas export projects.

The Sierra Club and its allies faulted the Federal Energy Regulatory Commission’s (FERC) decisions to approve projects in Texas and Louisiana.They said FERC’s environmental reviews failed to account for the impacts of increased natural gas drilling and the cumulative impacts of multiple natural gas export facilities.

But the Court of Appeals for the District of Columbia Circuit disagreed, saying FERC’s environmental reviews didn’t have to account for those factors.

“The commission’s NEPA analysis did not have to address the indirect effects of the anticipated export of natural gas,” the court wrote in its Tuesday decision regarding the Freeport LNG project in Texas. “That is because the Department of Energy, not the commission, has sole authority to license the export of any natural gas going through the Freeport facilities.”

It used similar reasoning in the case regarding the Sabine Pass facility in Louisiana.

The court’s argument stems from the fact that while FERC is responsible for approving the facilities themselves, the Energy Department has the separate task of considering applications to export natural gas. Therefore, any impacts from exports, like increased gas drilling and increased pollution, are the department's responsibility.

The groups are also suing the Energy Department for its export approvals for the facilities, which the court hinted could turn out differently.

The Sierra Club said the ruling is a big loss for the environment.

“This disappointing decision fails to address the significant environmental harms of increased gas exports, and is not the end of the road in this fight,” said Lena Moffitt, head of the group’s Beyond Dirty Fuels campaign.

“There continues to be a groundswell of grassroots efforts adamant in stopping the extraction, burning and export of gas, and neither their efforts nor our legal efforts to block these dirty, dangerous projects will stop as result of today’s decisions,” she said.
 
The case is part of a multi-pronged attack from greens on gas exports. The idea of gas exports has picked up steam in recent years as a way to help United States allies while giving a bigger market to the domestic gas industry.

But greens say the Obama administration has been far too lax with its approvals to export, without properly considering the environmental impacts.

Only one gas export facility is currently operating in the contiguous United States. The Sabine Pass terminal, the subject of one of the Sierra Club’s lawsuits, started exporting earlier this year.

US independents Llog and Murphy Oil have shut in production facilities after an explosion at a gas processing plant in Pascagoula, Mississippi


Llog, Murphy shut in platforms after plant blast




Delta House: Production pause after downstream problems

EXMAR OFFSHORE

28 June 2016 16:36 GMT

US independents Llog and Murphy Oil have shut in production facilities after an explosion Monday night at a gas processing plant in Pascagoula, Mississippi.

Chemical Safety Board Deploying to Fire at Enterprises Product Partners gas processing plant in Pascagoula, MS












Washington, DC, June 28, 2016 - 


An investigative team from the U.S. Chemical Safety Board (CSB) is deploying to the scene of a fire at the Enterprises Product Partners - a gas processing plant in Pascagoula, MS.

The investigative team will be led by Investigator in Charge Cheryl MacKenzie and will be accompanied by Board Member Kristen Kulinowski – who will serve as the board’s primary spokesperson – the team is expected to arrive in Mississippi tomorrow afternoon.

According to initial media reports there were no injuries but several large fires burned throughout the night.

CSB Chairperson Vanessa Allen Sutherland said, “The CSB’s investigations examine a wide range of safety issues such as effective process safety management and equipment failures. Our investigations aim to improve the safety of workers and the public.”

The CSB is an independent federal agency charged with investigating industrial chemical accidents. The agency’s board members are appointed by the president and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems.

The gearbox of a Super Puma helicopter which crashed off Norway, killing 13 men including one Scot, was previously involved in a road accident.


Gearbox in Fatal Helicopter Crash Had Been in Road Accident

Published in Oil Industry News on Tuesday, 28 June 2016


The gearbox of a Super Puma helicopter which crashed off Norway, killing 13 men including one Scot, was previously involved in a road accident.


A preliminary report by air accident investigators said the most likely cause for the crash was a fatigue fracture in one of the second stage planet gears.

Iain Stuart, 41, from Laurencekirk in Aberdeenshire, was among those who died when the Super Puma went down near Bergen on April 29.

The helicopter crashed on the island of Turoey seconds after its rotor blades detached 2000ft in the air.

The investigators found the fracture grew in a manner which is unlikely to become detected by existing systems which would warn of an imminent failure.

A report from the Accident Investigation Board Norway (AIBN) said: "The AIBN finds it most likely that the fatigue fracture of this planet gear subsequently resulted in loss of the main rotor."

The investigators are now trying to determine the origin of the fracture and how it grew.

The report continued: "The AIBN is aware that the gearbox was involved in a road accident in 2015.

"The gearbox was inspected, repaired and released for flight by the manufacturer before it was installed in LN-OJF in January 2016.

"Whether there is a link between this event and the initiation and growth of a fatigue fracture, is being investigated."

There report said the fault showed similarities to another fatal helicopter crash in 2009 in the North Sea.

In that incident, 16 people died after the rotor blades of a Super Puma detached following a gearbox failure.

The report said: "Even though some differences are observed when comparing the LN-OJF accident with the G-REDL accident, the fatigue fractured planet gears, however, show clear similarities."

Source: STV

Driver of a pickup truck had a medical condition and struck a car, killing two people inside on I-75 in MI


Police: Medical condition caused fatal I-75 crash that killed 2 people











Posted:Jun 28 2016 08:21PM EDT

Updated:Jun 28 2016 08:58PM EDT

DETROIT (WJBK) - Police say a driver's medical condition is what led to a fatal crash on I-75 Tuesday afternoon in Detroit.

Michigan State Police say that the driver of a pickup truck had a medical condition and lost control on the northbound side near Schaefer and struck a car, killing two people inside.

The people inside the car was parked on the shoulder of the freeway at the time of the crash. The driver and backseat passenger, both women, died. The front seat passenger in the car is hospitalized in serious condition.

The driver of the truck was transported to the hospital with non-life threatening injuries.

In the moments leading up to the car being struck, police say the truck had been driving erratically, likely as a result of the medical situation.

By 8 p.m. the accident scene was cleared and police reopened the northbound side.

Police are not giving details about the medical condition that caused the driver to crash and have not released the names of the victims in the car.

A semi-truck which appeared to be involved in images from SkyFOX was not a part of the accident. Police say the driver blocked traffic around the accident scene, so the two vehicles could not be hit by other drivers. Stay with FOX 2 for more information as it becomes available. Dave Spencer will have more at 10 p.m. and 11 p.m. on air and online.

3 North Dakota home renovation companies, JH & JH Properties, Clooten Siding & Window, and Buechler Construction fined for not following EPA lead-safe requirements on home renovation projects in North Dakota


3 North Dakota home renovation companies, JH & JH Properties, Clooten Siding & Window, and Buechler Construction fined for not following EPA lead-safe requirements on home renovation projects in North Dakota
Companies resolve alleged violations of EPA’s Renovation, Repair, and Painting Rule
06/28/2016
Contact Information:
Richard Mylott (mylott.richard@epa.gov)
303-312-6654

(Denver, Colo. -- June 28, 2016) -The U.S. Environmental Protection Agency (EPA) has reached agreements with three North Dakota home renovation companies, JH & JH Properties, Clooten Siding & Window, and Buechler Construction, to resolve alleged violations of the lead-based paint Renovation, Repair and Painting Rule (RRP Rule). The settlements are the result of joint inspections EPA conducted with the North Dakota Department of Health in 2015 to evaluate compliance with the rule at job sites throughout Fargo and Bismarck.

The RRP Rule protects the public from toxic lead hazards created by renovation activities involving lead-based paint and requires the certification of individuals and firms who are involved in these activities. Contractors working on homes built prior to 1978 must test for lead in paint, or presume lead is present, and apply applicable lead-safe work practices to minimize the risk of exposure.

“Lead-based paint is a significant source of lead poisoning for children,” said Suzanne Bohan, director of EPA’s regional enforcement program. “These settlements reflect EPA’s commitment to take action against companies that fail to take the necessary steps to educate residents and minimize exposure.”

Under the terms of the settlements, JH & JH Properties (Fargo) will pay $2,000, Clooten Siding & Window (Bismarck) will pay $2,800, and Buechler Construction (Bismarck) will pay $2,100 to resolve alleged violations. These include conducting work on homes built before 1978 without being an EPA RRP-certified firm; failure to inform property owners and the public of potential lead hazards; failure to have a properly trained RRP-certified renovator assigned to the project; inadequate records demonstrating RRP compliance; and, the failure to follow lead-safe work practices to minimize potential exposure.

Infants, children, and pregnant women are especially vulnerable to lead paint exposure, which can, even at low levels, cause lifelong impacts including developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems. Despite its ban from the U.S. in 1978, EPA estimates that lead-based paint is still present in more than 30 million homes across the nation.

For more information on the RRP requirements: http://www.epa.gov/lead/renovation-repair-and-painting-program

Violations of the lead based paint RRP Rule regulations can be reported to EPA online: https://www.epa.gov/enforcement/report-environmental-violations

2 Denver-area contractors, KSK Builders LLC and HomeWrights LLC cited for not following lead-safe requirements on home renovation projects


Denver contractors cited for not following lead-safe requirements on home renovation projects
EPA initiative in NE Denver resolves alleged violations of EPA’s Renovation, Repair, and Painting Rule
06/28/2016
Contact Information:
Richard Mylott (mylott.richard@epa.gov)
303-312-6654

(Denver, Colo.--June 28, 2016) The U.S. Environmental Protection Agency (EPA) has reached agreements with two Denver-area contractors, KSK Builders LLC and HomeWrights LLC, resolving alleged violations of the lead-based paint Renovation, Repair and Painting (RRP) Rule. The RRP Rule protects the public from toxic lead hazards created by renovation activities involving lead-based paint and requires the certification of individuals and firms who are involved in these activities. Contractors working on homes built prior to 1978 must test for lead in paint, or presume lead is present, and apply applicable lead-safe work practices to minimize the risk of toxic lead exposure.

“Protecting children’s health is a central part of EPA’s mission,” said Suzanne Bohan, director of EPA’s regional enforcement program. “EPA is taking a close look at neighborhoods where lead-based paint is a concern by providing residents with information about potential health impacts and making sure contractors are following requirements that reduce exposure in homes.”

According to the first settlement, KSK Builders LLC agreed to pay a $2,000 penalty to settle allegations that the firm conducted exterior renovations on a pre-1978 home in Denver without being an EPA RRP-certified firm and without establishing the required records of compliance with the RRP Rule. The second settlement alleges HomeWrights, LLC conducted a renovation, including replacement of windows, on a pre-1978 home in Denver without being an EPA RRP-certified firm, without assigning a properly trained certified renovator, and without establishing the required records of compliance with the rule. The firm has agreed to pay a $9,400 penalty to resolve the alleged violations and has since become a RRP-certified firm.

The settlements announced today are part of an ongoing initiative to protect northeast Denver communities from toxic lead paint hazards during home renovations. Most homes in these neighborhoods were built before lead was banned from use in paint products in 1978 and there is a high potential these homes may contain lead paint. The EPA initiative is focused on increasing awareness of the RRP requirements among both contractors and residents, as well as creating a strong deterrent for violators of the RRP Rule.

EPA has conducted outreach activities and inspected dozens of job sites in the Five Points, Cole, Clayton, Whittier, Skyland and Park Hill neighborhoods since the launch of the initiative in 2015. The agency will continue to assess compliance associated with these inspections and pursue enforcement action when appropriate.

Infants, children, and pregnant women are especially vulnerable to lead exposure, which can, even at low levels, cause lifelong impacts including developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems. EPA estimates that lead-based paint is still present in more than 30 million homes across the nation.

For more information on the RRP requirements: http://www.epa.gov/lead/renovation-repair-and-painting-program

Violations of the lead based paint RRP Rule regulations can be reported to EPA online: https://www.epa.gov/enforcement/report-environmental-violations

At least one person is dead after a fiery wrong-way head-on collision near Tannersville





Highway Open after Fatal Fiery Wreck on I-80
Posted 6:52 am, June 28, 2016, by Raquel Ciampi and Andy Palumbo, Updated at 01:23pm, June 28, 2016

MONROE COUNTY -- At least one person is dead after a fiery crash near Tannersville involving several vehicles.

The crash happened between the Tannersville and Bartonsville exits in Monroe County Tuesday morning.

According to officials, a Schweppes tractor trailer, and three other vehicles were involved in the fatal wreck.

Authorities say the driver of a sedan crossed the media and drove west in the eastbound lanes for less than a half of a mile before hitting the tractor-trailer head-on. The driver died in that wreck.

Two other drivers were taken to hospitals. One driver was not hurt.

All lanes of Interstate 80 Eastbound near Tannersville were closed for hours.



A trucker from New Jersey was one of the first on the scene.

"I just seen a lot of smoke, a lot of fire up there, a lot of burning, a lot of rubbish, so it didn't look good," he said.

According to state police a driver traveling west crossed the grassy median and crashed after going a short distance in the wrong direction.

"When I got here, the three cars were in flames," said truck driver Ed Behrman. "Couple drivers were over there trying to put it out but our fire extinguishers were way too small to put the fire out."

Traffic on Route 611 crawled as drivers were detoured off Interstate 80.

Kathy Adams left a car shop in East Stroudsburg and fought traffic to get back to work.

"I know lots of the side roads," she laughed. "I'll either take a side road or listen to my radio and relax on my way back."

Crews spent the morning clearing the wrecked vehicles and cleaning up spilled fuel.

Interstate 80 east reopened after 1 p.m.

Container crane damaged by container ship ship ITEA in Bremerhaven, Germany



June 28, 2016 at 17:41 by Mikhail Voytenko


Container ship ITEA struck container crane at Bremerhaven Container Terminal at around 0900 LT June 27. Container crane was seriously damaged and is inoperable, vessel suffered slight damage portside. Allision was caused by error in operating bow thruster, i.e. crew’s to blame.

4 people rescued by the Coast Guard east of Charleston, South Carolina after their boat capsized


Coast Guard rescues four people from capsized boat
Jun 28th, 2016

MIAMI — Four people were rescued by the Coast Guard 11 nautical miles east of Charleston, South Carolina, Tuesday.

Coast Guard District 7 watch standers received an Electronic Position Indicating Radio Beacon (EPIRB) alert from a 21-foot fishing vessel 11 nautical miles east of Charleston at 4:45 p.m., Tuesday. Coast Guard Sector Charleston was notified and issued an Urgent Marine Information Broadcast and launched a 45-foot Response Boat-Medium boatcrew from Coast Guard Station Charleston and an MH-65 helicopter crew from Coast Guard Air Facility Charleston to respond.

The MH-65 helicopter crew arrived on scene at about 5:30 p.m. and found four people wearing personal flotation devices on the hull of a capsized vessel. The helicopter crew deployed their rescue swimmer who safely transferred all four people to a Good Samaritan that was in the area. The survivors were then transferred to the Station Charleston boatcrew who brought them to emergency medical services at Remleys Point Marina in Mt. Pleasant, South Carolina.

There were no reported medical concerns.

“The EPIRB, lifejackets, and awareness to remain with the vessel were instrumental in the four people being home safe tonight,” said Senior Chief Petty Officer Eric Gentry, a Command Duty Officer at Sector Charleston. “Having proper safety equipment and knowing what to do in an emergency was absolutely critical to the success of this rescue.”

A driver was killed on Highway 401 after his car was pushed onto oncoming traffic and t-boned by a dump truck


Driver killed in Cumberland County wreck



Photo from the scene of a wreck on Highway 401 near East Reeves Bridge Road




Tuesday, June 28, 2016 05:09PM

CUMBERLAND COUNTY (WTVD) -- A driver was killed Tuesday on Highway 401 after troopers said a car hit their vehicle and pushed it into oncoming traffic.

It happened near East Reeves Bridge Road.

The State Highway Patrol said there was a lot of traffic going northbound and it was slowing to a stop. According to troopers, a Mustang didn't stop with traffic and hit a Toyota Camry. When the Camry was pushed into oncoming traffic, it was t-boned by a dump truck, killing the driver.

The driver of the Mustang and a female passenger fled the scene on foot, troopers said.

A second Camry was also involved in the crash.

The name of the driver killed was not immediately released, pending notification of family.

MORE PEDESTRIANS DIE: Pedestrian killed in Pico Rivera, CA hit-and-run crash; driver sought





Yellow crime tape ropes off the scene of a fatal hit-and-run crash in Pico Rivera on Tuesday, June 28, 2016.




Updated 2 hrs 57 mins ago
PICO RIVERA, Calif. (KABC) -- The search is on for the driver responsible in a hit-and-run crash that killed a pedestrian in Pico Rivera.

The incident occurred shortly before 4:30 a.m. Tuesday near Whittier Boulevard and Lindsey Avenue.

According to deputies, a driver in a dark-colored truck struck and killed a person crossing the street, then kept going.

Investigators said they don't know if the victim was in a crosswalk at the time of the crash. The victim's identity was withheld, pending notification of relatives.

If you have any information about this incident, you're urged to call the Los Angeles County Sheriff's Department's Pico Rivera Station.

Domovitch v. Willows, 2016 BCSC 1068 (CanLII): the court allocated liability among the “responsible persons” based on the relative number of years that each of them owned the property

Contaminated Site Update: Rough and Ready Allocation of Liability

On May 5, 2016, the Supreme Court of British Columbia released its decision in Domovitch v. Willows, 2016 BCSC 1068 (CanLII) in which the court allocated liability amongst a number of “responsible persons” under the Contaminated Sites provisions of the B.C. Environmental Management Act, S.B.C. 2003, c. 53 (the “EMA”).

Despite the reasons for judgment being pronounced orally, the decision in Domovitch contains a rare, succinct and clear treatment of a number of provisions in the EMA, including the “innocent purchaser” exemption from liability and the allocation of liability amongst responsible persons. 

Innocent purchaser exemption

To be entitled to the “innocent purchaser” exemption under the EMA, a party must establish that:
  1. at the time of purchase:
a. the property was contaminated;
b. the purchaser had no reason to know or suspect that the property was contaminated; and
c. the purchase undertook all appropriate inquiries into the previous ownership and use of the property and also undertook other investigations consistent with good customary practice at that time in an effort to minimize potential liability;
2. the purchaser did not transfer title to any party without disclosing known contamination to the transferee; and
3. the purchaser did not by any act or omission cause or contribute to the contamination.
With respect to satisfying the requirements in 1(c) above respecting appropriate inquiries, the Contaminated Site Regulations require the court to consider:
  1. any personal knowledge or experience of the purchaser respecting contamination at the time of acquisition;
  2. the relationship between the purchase price and the value of the property uncontaminated;
  3. commonly known or reasonably ascertainable information about the property at the time of purchase; and
  4. any obvious presence or indicators of contamination or the feasibility of detecting such contamination by appropriate inspection at the time of purchase.
Given the multiplicity of the requirements to establish entitlement to the exemption, such exemptions are rarely established and have generally been upheld in the context of residential purchasers of properties contaminated by heating oil from underground tanks. The only decision we are aware of that addresses the exemption in an industrial context is in Workshop Holdings, 2005 BCSC 631, which provides light guidance on the application of the exemption in an industrial context.

In Domovitch, the plaintiff successfully relied on the “innocent purchaser” exemption to avoid sharing the liability for remediation costs.  The critical facts held to entitle the plaintiff to rely on the exemption were that, at the time of the purchase, the plaintiff knew that there was an underground storage tank but had received confirmation from the local fire department that the tank had been decommissioned five years earlier and that the tank had been rendered inert, and amended the purchase agreement to include a warranty to that effect.  Somewhat surprisingly, the court held that this was sufficient to allow the purchaser to establish that he had “no reason to suspect” the property was a contaminated site.  In doing so, the court relied on a previous decision in Aldred v. Colbeck, 2010 BCSC 57 (CanLII) to similar effect.

Allocation of Liability

In Domovitch, as in most contaminated site decisions to date, the court embarked on a rather simple crude allocation of liability in which the court allocated liability among the “responsible persons” based on the relative number of years that each of them owned the property during the time that the tanks were used for storing heating.  In this regard, years or ownership were used as a crude proxy for each parties contribution to the contamination.  This allocation was not adjusted for any consideration of the fact that the tank likely discharged more contamination during its later years of operation than during the early years before corrosion had compromised the integrity of the tanks.  The simple basis used to allocate amongst responsible persons may simply have been a function of the limited damages at stake ($39,000).  One day, the court will likely be asked to consider and embark upon a more nuanced approach to allocation taking into consideration all of the various allocation factors articulated in the Contaminated Sites Regulation.

Is Your Brewery In Compliance With CWA Standards?


EPA Hits Brewery Hard: Is Your Brewery In Compliance With CWA Standards?
By Elaine Albrich on June 27, 2016 

This post was guest authored by Stoel Rives summer associate Olivier Jamin.

Last week the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced that D.G. Yuengling and Son, Inc., a Pennsylvania brewery, settled Clean Water Act (CWA) violations involving wastewater discharge into public treatment facilities for $2.8 million and a commitment to spend over $7 million to reduce environmental impacts of its brewery operations.

Breweries generally need to obtain a permit to discharge industrial waste into municipal treatment facilities. Breweries’ wastewater is considered industrial waste because the water discharged usually contains high concentrations of nutrients which, although they are not toxic, lead to more costly treatment. In many cases, a permit has limits on the discharge and requires pretreatment of waste before it is discharged. 


Although Yuengling obtained had the permit required by Section 402 (b)(8) of the CWA for both of its Pottsville breweries, they violated the terms and conditions of the pretreatment program. The Greater Pottsville Area Sewer Authority (GPASA) referred the case to EPA, and the United States identified 141 instances between 2008 and 2015 where Yuengling violated pretreatment permit requirements, and discharged biological oxygen demand (BOD), phosphorus, and zinc to the GPASA treatment plant in quantities exceeding their permit limits. 

The resulting fine was hefty, resulting not only in a cash penalty but Yuengling agreeing to make significant facility upgrades and operational changes. Such measures include having to design and implement an environmental management system for its breweries, conduct environmental audits, or optimize and improve operation and maintenance of the pretreatment system.

Breweries use, on average, 7 gallons of water to produce 1 gallon of beer, which means wastewater discharges can quickly become problematic if not properly monitored pre-discharge. Although it is uncertain whether EPA will start investigating breweries for CWA violations more regularly, this case reinforces the importance of breweries double checking their compliance plans and operational protocols to make sure they are staying in compliance with their discharge limits and that pretreatment systems are adequate to reduce the risk of potential violations.

OSHA orders tour bus operator's former owner to pay $11K for retaliating after employee refused to drive unsafe bus



June 28, 2016

OSHA orders tour bus operator's former owner to pay $11K
for retaliating after employee refused to drive unsafe bus
Federal whistleblower investigation upholds worker's rights

DENVER - The U.S. Department of Labor's Occupational Safety and Health Administration has ordered the former owner of Banjo Billy's Bus Tours to pay a former employee back wages, interest and punitive damages after the agency found he terminated an employee who refused to drive an unsafe tour bus.

OSHA's Whistleblower Protection Program found reasonable cause to believe that John Georgis, previous owner of the Boulder-based tour operator, which offers guided bus tours in the Denver and Boulder areas, retaliated against the employee in violation of the worker's rights under the Surface Transportation Assistance Act. The STAA protects workers who raise concerns about commercial motor vehicle safety or security or refuses to operate an unsafe vehicle.

Following its investigation, the agency ordered the company's former owner to pay the former bus operator $11,000 in back wages, interest and punitive damages. The company must also expunge the former employee's work records of any reference to their termination. Banjo Billy's Bus Tours is currently under new ownership.

"Employees should be free to exercise their rights under the law without fear of termination or retaliation by their employers," said Gregory Baxter, OSHA's Regional Administrator in Region 8 in Denver. "This lawsuit underscores the department's commitment to vigorously take action to protect workers' rights."

Whistleblower provisions enacted by Congress prohibit employers from retaliating against employees who raise various protected concerns or provide protected information to the employer or the government. Employees who believe their employer has retaliated against them for engaging in protected conduct may file a complaint with the secretary of labor for investigation by OSHA's Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available online at http://www.whistleblowers.gov.

Banjo Billy's Bus Tours or the complainant may file objections or request a hearing before the department's Office of Administrative Law Judges within 30 days of receipt of OSHA's order.

OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

# # #

OSHA finds workers exposed to amputation dangers at Terrill Manufacturing Company Inc., a San Angelo, TX woodworking manufacturer

June 28, 2016

OSHA finds workers exposed to amputation dangers at Terrill Manufacturing Company Inc., a San Angelo woodworking manufacturer; company, staffing agency fined $63K

Employer(s) Name(s): Terrill Manufacturing Company Inc.
A.L. Staffing Inc.


Inspection Site: 2816 Martin Luther King Dr., San Angelo, Texas 76903

Citations issued: June 24, 2016

Investigation Findings: After receiving several complaints about amputation hazards, U.S. Department of Labor Occupational Safety and Health Administration investigators began an inspection Jan. 11, 2016, at Terrill Manufacturing Company Inc.'s facility in San Angelo. Their investigation found the woodworking manufacturer contracted with A.L. Staffing Inc., doing business as Spherion Staffing, to provide temporary workers. After its investigation, the agency issued Terrill citations for 18 serious violations including:
  • Failing to establish a respiratory protection program.
  • Not establish lockout/tagout procedures.
  • Failing to lockout and isolate energy sources prior to maintenance or repair of machines.
  • Not evaluating powered industrial truck operators every three years, as required.
  • Allowing rotating rollers, belts, pulleys, sprockets and chains to operate without safety guards.
  • Failing to prevent automatic restart of woodworking machines after power failures.
  • Not furnishing ripsaws with a spreader, anti-kickback feature and adjustable guards.
  • Not providing hazard communication training to employees working with hazardous chemicals.
  • Allowing several hazardous electrical risks.
OSHA also issued citations to A.L. Staffing for two serious violations, the first for allowing workers to operate machine rollers without machine guards, and another for allowing workers to operate machines without guards to prevent contact with chains and sprockets.

Proposed penalties: The agency has assessed proposed fines totaling $58,800 for Terrill Manufacturing Company and $4,800 for A.L. Staffing.

Quote: "Industrial machines are very unforgiving and can cause permanent disfigurement if employers fail to cover the moving parts, guard the points of operation and control the energy sources when servicing or repairing the equipment," said R. Casey Perkins, OSHA's Area Director in Austin. "This inspection should serve as a warning to Terrill Manufacturing and A.L. Staffing that they both need to correct these violations before an employee is critically injured."

Link to citations: http://www.osha.gov/ooc/citations/TerrillManufacturing_1118903.pdf http://www.osha.gov/ooc/citations/ALStaffingInc_1118909.pdf

Background: Terrill Manufacturing Company Inc. is an architectural woodwork company that operates out of a 100,000 square foot manufacturing facility in San Angelo. A.L. Staffing is a national staffing company with more than 150 offices that provide services to more than 3,000 employers nation-wide. The San Angelo-based franchised staffing company has approximately 20 temporary employees working at Terrill. 

Both companies have 15 business days from receipt of its citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint or report 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 Austin Area Office at 512-374-0271.

2 War&Buffet BNSF Trains Collide Head-On in Fiery Crash in Texas, Injuring 1; 3 Crew Missing








by Eli Panken





Fire erupted after two trains crashed head-on Tuesday in northern Texas, injuring one person and leaving three crew members missing.

The trains collided just before 8:30 a.m. local time (9:30 a.m. ET) east of Panhandle, Texas, along Highway 60, according to Panhandle City Hall officials.

Officials said the city was draining its water supply to fill fire trucks' tanks as it desperately tried to quell the flames.

Panhandle was evacuating the east side of town due to the smoke from the fiery wreck, according to NBC affiliate KAMR. Residents were instructed to go to the local courthouse or war memorial.
Emergency crews rush to the scene after two trains collided near Panhandle, TX on June 28, 2016. Christi Lynn Whitmire

One patient from the crash was taken to Northwest Texas Healthcare System in nearby Amarillo, Texas. He is in stable, non-critical condition, according to the hospital's marketing director, Patrick Buckley. The hospital is prepared for more patients if needed.


Both trains in the crash are from the BNSF railway company, said Joe Faust, director of public affairs for BNSF in Texas. Four employees were involved in the incident and BNSF investigative crews are on the scene to assist in rescue efforts, according to the statement. KAMR reported that three crewmembers are unaccounted for at this time.

The train company experienced a similar head-on collision in Louisiana in December 2013, according to NBC affiliate KCBD