Hultgren Construction faces just under $100,000 in fines. Command Center, Inc. faces $114,000 in fines in Copper Lounge Deadly Collapse in downtown Sioux Falls, SD

Updated: Mon 7:11 PM, Apr 24, 2017 

SIOUX FALLS, S.D. (KSFY) - A construction company and a staffing agency have been fined roughly $100,000 each for the conditions of a building leading up to its collapse in downtown Sioux Falls last December.



Occupational Safety and Health Administration spokesman Scott Allen told KSFY News that the fines stem from the conditions inside the Copper Lounge before it collapsed on December 2, 2016, killing construction worker Ethan McMahon. The collapse also trapped Emily Fodness, who was living in an apartment on the second floor.

Hultgren Construction faces just under $100,000 in fines. Command Center, Inc. faces $114,000 in fines. Command Center is a staffing agency that had several employees working inside the Copper Lounge building during construction and demolition phases.

Allen said this investigation is based on video and photo evidence that include items that date back to six months ago from Friday, the day the reports were released.

The safety citations for both companies range from a lack of proper safety training and gear like helmets, eye protection and respirators to hazardous use of scaffolding and ladders.

Hultgren Construction also faces additional citations for exposing employees to materials that may have contained asbestos, storing bricks and other debris in a matter that blocked passageways and failing to ensure the debris stored on the floor did not exceed the floor's weight capacity.

While this report did not specifically address the cause of the collapse, the citation for the floor capacity did say that it put the floor at risk of collapse.

OSHA says Hultgren Construction is still being investigated for the building collapse itself and the death of employee Ethan McMahon. Those full results will be released by June 2nd.

In a statement Monday, Aaron Hultgren said "Hultgren Construction, LLC has received a Citation from the Occupational Safety and
Health Administration. We understand and appreciate the important work OSHA undertakes to help ensure safe and healthy working conditions for American workers. As part of this on-going process, we are currently reviewing the documents and will be in contact with OSHA with our response. OSHA, as well as all interested parties, continue to receive our full cooperation."

Brendan Simaytis is the corporate attorney for Command Center. He also issued a statement Monday.

"At Command Center, we take the safety of our workers and others very seriously. We disagree with OHSA’s findings regarding their inspection as it concerns Command Center, and we intend to appeal all issued citations and the associated penalties. The citations do not reflect the manner in which Command Center operates and the importance we place on safety as a company.

We are very sympathetic to the fact that an employee of another company died as the result of the building collapse. Our condolences and sympathies go out to the deceased Hultgren Construction employee’s family. Command Center and its employees had absolutely nothing to do with the ultimate reason the building collapsed. There were no Command Center workers on site at the time of this tragic incident. As a staffing agency, our limited role in this project was to provide workers to work under the direction and supervision of Hultgren Construction. None of the issued citations ascribe any blame to Command Center related to the actual building collapse. We believe the citations and penalties are grossly disproportionate to any activities our employees were involved in at the work site prior to the collapse.

We will thoroughly investigate the bases for OSHA’s findings. In the interim, we will of course comply with all requirements of the issued citations, and we will continue to work, as we always do, on further enhancing our safety programs and practices."

While Hultgren Construction had nearly double the violations of Command Center, the national staffing agency received much larger fines for each citation. OSHA says those fines are based on the total size of the company.

FOLLOWING THE DEATH OF SIX COLLEGE STUDENTS: Segue Construction of Pleasanton is losing its license for shoddy work on the apartment balcony at 2020 Kittredge St in Berkeley

Officials determined that although the plans called for pressure-treated joists that could resist rot, Segue used an engineered wood product not intended to be used for decking or, in this case, a balcony. Investigators reported that the balcony assembly was not properly waterproofed, which allowed water to seep into the balcony assembly. The balcony material then rotted and weakened.

CA revokes license of contractor in Berkeley balcony collapse

• The California Contractors State License Board has revoked the license of Segue Construction, the company whose alleged shoddy construction work led to a deadly balcony collapse in Berkeley, CA, in 2015, according to the San Francisco Chronicle.
• Segue agreed to the revocation as part of a settlement deal with the licensing board, which also requires two former company officials pay up to $115,000 to cover the board's investigation bills. Segue can apply for license renewal in 2022.
• Thirteen people, who were attending a birthday party at a Berkeley, CA, apartment complex, fell to the ground when the fifth-floor balcony on which they were standing gave way. Six were killed and seven were injured.
• The licensing board began the push to revoke Segue's license back in December, maintaining that the company did not perform the balcony installation according to the plans and specifications or in a "good and workmanlike manner."

Officials determined that although the plans called for pressure-treated joists that could resist rot, Segue used an engineered wood product not intended to be used for decking or, in this case, a balcony. Investigators reported that the balcony assembly was not properly waterproofed, which allowed water to seep into the balcony assembly. The balcony material then rotted and weakened.

Licensing board officials suggested that if Segue had constructed the balcony according to the plans and specifications, it would have been able to withstand the weight of the 13 people who fell. Segue was also reportedly sued in 2010 for faulty balcony installations on a project in San Jose, CA.

Even though there was a loss of life in the Berkeley case, prosecutors declined to bring criminal charges, but the families of those injured and killed have filed civil suits against Segue, subcontractors on the project and the apartment complex owner.

After the collapse, state legislators passed California SB 465, which gave the licensing board more oversight over contractors and mandated two studies — one looking into whether an analysis of past contractor judgment and lawsuit information would add to industry safety, and the other considering necessary changes to state building codes.



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The state has revoked the license of the contractor that built the balcony in Berkeley that collapsed in 2015, killing six college students, essentially putting the company out of business for at least five years.

Segue Construction of Pleasanton is losing its license in a settlement with the California Contractors State License Board, which accused the company of doing shoddy work on the apartment balcony at 2020 Kittredge St. when it built the structure between 2005 and 2007.

Under the settlement, which goes into effect May 19, the company admitted no wrongdoing but agreed not to apply for license renewal until at least 2022. Two of its former managers must pay the board’s investigation bills before they can obtain new licenses.

The tab for Kirk Alan Wallis, who held titles at Segue, including president from 1992 to 2008, is $99,950. For David Michael Dunlop, a manager from 2002 to 2008, the penalty is “an amount not to exceed $15,000.”

The fifth-floor balcony cracked loose June 16, 2015, during a 21st birthday party near UC Berkeley for Aoife Beary, an Irish student who was seriously injured in the catastrophe. Thirteen young people — five visiting from Ireland — plunged to the ground.

“This is certainly one of the most serious cases we’ve seen,” said Rick Lopes, a license board spokesman. He said a construction company cannot work in California without a license.

The phone at Segue’s office has been disconnected, and attempts to reach Wallis and Dunlop were unsuccessful.

An employee of BGF Industries, Inc. injured after he fell from a ladder onto a lower roof of the facility in Altavista, VA

ALTAVISTA, Va. (WSET) -- An employee of BGF Industries, Inc. has been hurt in an accident at the facility in Altavista.

The company's president said one of the employees fell from a short ladder onto the lower roof of the facility on Monday resulting in a serious injury.

Robby Dunnagan said the circumstances of the accident are currently under investigation and have been reported to OSHA.

"We never want our employees to be hurt at work, or away from their jobs. BGF will cooperate fully with OSHA and our Worker’s Compensation insurer to investigate this accident and try to design ways to prevent a recurrence," Dunnagan wrote in a release.

He went on to say the company extends their thoughts and prayers to the employee and his family during this time.

BGF Industries is a US manufacturer of innovative technical fiber materials for global markets. Our products deliver high strength, high temperature, lightweight solutions that provide structural integrity, thermal, environmental and ballistic protection, or decorative appeal in countless everyday products from circuit boards to surf boards, from mufflers to snowmobiles, airplanes to armor and everything in between, according to its website.

The Russian naval intelligence ship Liman sank off Turkey's Black Sea coast on Thursday after colliding with the Togo-flagged Youzarsif H vessel carrying livestock

Russian intelligence ship sinks off Turkey's Black Sea coast: authorities

ISTANBUL (Reuters) - A Russian naval intelligence ship sank off Turkey's Black Sea coast on Thursday after colliding with a vessel carrying livestock and all 78 personnel on board were evacuated, Turkey's coastal safety authority said.

The ship, identified as the Liman, collided with the Togo-flagged Youzarsif H, the authority said on its website.

The collision was caused due to fog and low visibility, the Turkish shipping agency GAC said. It occurred 18 miles (29 km) from Kilyos village on the Black Sea coast just north of Istanbul, broadcaster NTV said.

Turkish authorities dispatched a tugboat and three fast rescue vessels, the coastal safety authority said.

Advisers to Turkish Prime Minister Binali Yildirim conveyed his sadness over the incident to Russian counterparts, according to sources in his office.

No information was immediately available about the state of the Youzarsif H, or its crew or cargo. The Togo-flagged livestock carrier was built in 1977 and has a capacity of 2,418 tonnes, according to Thomson Reuters shipping data.

It is managed by Nejem Co. Marine Services, according to the data.

It was not clear whether either vessel was headed to the Bosphorus Strait from the Black Sea.

The Bosphorus, which cuts through Istanbul, is one of the world's most important waterways for transit of oil and grains. The 17-mile waterway connects the Black Sea to the Mediterranean.



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Russian Navy reconnaissance ship sinks after collision in Black Sea
Published time: 27 Apr, 2017 11:39Edited time: 27 Apr, 2017 14:39
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FILE PHOTO: Russian Navy's reconnaissance ship sails in the Bosphorus © Murad Sezer / Reuters


A Russian Navy reconnaissance ship has sunk after colliding with another vessel near the Bosporus, the Russian Defense Ministry reported.

The hull of ‘the Liman,’ a 1,560-ton reconnaissance ship of the Russian Black Sea Fleet, was breached below the waterline in the collision, the Defense Ministry said.

The Turkish coast guard said it rescued 78 people from the Russian ship, which was later confirmed by the Russian authorities.

“All crew members of the research ship of the Black Sea Fleet are alive and well and are currently preparing for evacuation from the Turkish rescue ship to a Russian ship,” the Defense Ministry said.

According to the Defense Ministry, ‘the Liman’ collided with another ship, ‘Ashot-7,’ about 40km northwest from the Bosporus Strait.

Media identified the other ship involved in the collision as the Togo-flagged livestock carrier ‘Youzarsif H.’

Advisers to Turkish Prime Minister Binali Yildirim spoke to their Russian counterparts on Thursday to convey Ankara's sadness over the collision, according to Reuters. The Russian cabinet office said a phone call between Yildirim and Prime Minister Dmitry Medvedev was scheduled for later in the day.

‘The Liman’ was built during Soviet times in Poland and commissioned in 1970. It is mostly unarmed, but carries a radar station, a hydroacoustic detector and other reconnaissance equipment needed to track surface ships and submarines.

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April 27 2017 12:56 PM

A Russian navy reconnaissance ship has sunk off Istanbul after colliding with a freighter in the Black Sea.

All 78 personnel on board the Liman are accounted for after it collided with the Togo-flagged freighter Youzarsif H.

The Turkish safety authority said 15 Russian sailors were rescued after the collision.

The freighter was carrying livestock, and all of its crew is safe.

A hole was punched in the starboard side of the Liman during the collision, which occurred around midday on Thursday about 25 miles north-west of the Bosphorus Strait.

The cause of the collision was not immediately clear.

The Liman was part of the Black Sea Fleet. The Interfax news agency reported that it spent much of the winter in the Mediterranean off the coast of Syria and returned to the Black Sea to monitor NATO exercises in February.

The rescued Russian sailors are all aboard a Turkish rescue vessel and will be picked up by a nearby Russian cargo ship, the Ulus Star, the Russian defence ministry said.


It said the cargo ship would deliver the sailors to the home base of the Black Sea Fleet, which is on Crimea, the peninsula Russia annexed from Ukraine in 2014.

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Candida auris fungus is emerging as a new 'superbug' menace in U.S. hospitals, mostly in New York and New Jersey.

Wednesday, April 26, 2017 12:53PM
NEW YORK -- A 'superbug' fungus is emerging as a new menace in U.S. hospitals, mostly in New York and New Jersey.

First identified in Japan in 2009, the fungus has spread to more than a dozen countries around the globe. The oldest of the 66 cases reported in the U.S. dates back to 2013, but most were reported in the last year.

The fungus called Candida auris is a harmful form of yeast. Scientists say it can be hard to identify with standard lab tests. U.S. health officials sounded alarms last year because two of the three kinds of commonly used antifungal drugs have little effect.

"It's acting like a superbug" bacteria, said Dr. Paige Armstrong of the Centers for Disease Control and Prevention.

Most vulnerable are fragile hospital patients - particularly newborns and the elderly. It tends to be diagnosed in patients after they've been in hospitals for several weeks. The fungus can infect wounds, ears and the bloodstream.

A study presented at a CDC conference this week detailed how researchers traveled to South America to help investigate an outbreak in three Colombia cities. They found the fungus on surfaces in hospital rooms and on the skin of nurses and patients - even after patients were treated with antifungal medications.

On Tuesday, state health officials provided new details about the 44 cases in New York. Aside from one case in Rochester, all were in New York City, at 15 hospitals and a doctor's office. No site has had more than six cases.

Seventeen New York patients died, but state officials said everyone infected had other illnesses and the fungus was not necessarily the cause of death.

New Jersey has had 15 cases, Illinois, 4, and there's been one case in Indiana, Maryland and Massachusetts, according to the CDC.

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Candida auris Questions and Answers

A strain of Candida auris cultured in a petri dish at CDC.

Healthcare facilities in several countries have reported that a type of yeast called Candida auris has been causing severe illness in hospitalized patients. In some patients, this yeast can enter the bloodstream and spread throughout the body, causing serious invasive infections. This yeast often does not respond to commonly used antifungal drugs, making infections difficult to treat. Patients who have been in the intensive care unit for a long time or have a central venous catheter placed in a large vein, and have previously received antibiotics or antifungal medications, appear to be at highest risk of infection with this yeast.
Specialized laboratory methods are needed to accurately identify C. auris. Conventional lab techniques could lead to misidentification and inappropriate treatment, making it difficult to control the spread of C. auris in healthcare settings.
Because of these factors, CDC is alerting U.S. healthcare facilities to be on the lookout for C. auris in their patients.

CDC and partners continue to work closely; click here for the latest information on Candida auris. To learn more about Candida auris, read the Q&A below and CDC’s Interim Recommendations.

Why is CDC concerned about C. auris infections?

CDC is concerned about C. auris for three main reasons:

1. It is often multidrug-resistant, meaning that it is resistant to most antifungal drugs commonly used to treat Candida infections.
2. It is difficult to identify with standard laboratory methods, and it can be misidentified in labs without specific technology. Misidentification may lead to inappropriate treatment.
3. It has caused outbreaks in healthcare settings. For this reason, rapid identification of C. auris in a hospitalized patient is particularly important so that hospitals can take special precautions to stop its spread.

What types of infections can C. auris cause?

C. auris has caused bloodstream infections, wound infections, and ear infections. It also has been isolated from respiratory and urine specimens, but it is unclear if it causes infections in the lung or bladder.

How is C. auris infection diagnosed?

Like other Candida infections, C. auris infections are usually diagnosed by fungal culture of blood or other body fluids. However, C. auris is harder to identify from cultures than other, more common types of Candida. For example, it can be confused with other types of yeasts, particularly Candida haemulonii. Special laboratory tests are needed to identify C. auris. Learn more on the C. auris Interim Recommendations page.

Who is at risk for infection from C. auris?

Limited data suggest that the risk factors for Candida auris infections are generally similar to risk factors for other types of Candida infections. These risk factors include recent surgery, diabetes, broad-spectrum antibiotic and antifungal use, and central venous catheter use. Infections have been found in patients of all ages, from preterm infants to the elderly. Further study is needed to learn more about risk factors for C. auris infection.

When was C. auris first reported?

C. auris was first identified in 2009 in Japan. Retrospective review of Candida strain collections found that the earliest known strain of C. auris dates to 1996 in South Korea. CDC considers C. auris an emerging pathogen because increasing numbers of infections have been identified in multiple countries since it was recognized.

How did C. auris get its name?

Auris is the Latin word for ear. Despite its name, C. auris can also affect many other regions of the body and can cause invasive infections, including bloodstream infections and wound infections.

Where have C. auris infections occurred globally?

C. auris infections have been reported from over a dozen countries, including Canada, Colombia, Germany, India, Israel, Japan, Kenya, Kuwait, Norway, Pakistan, Spain, South Africa, South Korea, the United Kingdom, and Venezuela, as well as the United States. Because identification of C. auris requires specialized laboratory methods, infections likely have occurred in other countries but have not been identified or reported.

How did C. auris infection spread globally?

CDC conducted whole genome sequencing of C. auris specimens from countries in the regions of eastern Asia, southern Asia, southern Africa, and South America. Whole genome sequencing produces detailed DNA fingerprints of organisms. CDC found that isolates within each region are quite similar to one another, but are relatively different across regions. These differences suggest that C. auris has emerged independently in multiple regions at roughly the same time.

Would someone be likely to get a C. auris infection if they travel to any of these countries?

It is unlikely that routine travel to countries with documented C. auris infections would increase the chance of someone getting sick from C. auris. Infections have occurred primarily in patients who were already in the hospital for other reasons. People who travel to these countries to seek medical care or who are hospitalized there for a long time may have an increased risk for C. auris infection. 

Have C. auris infections occurred in the United States?

Cases of C. auris infections have been reported in the United States. As laboratories continue to look for this fungus, it is likely that more cases will be reported. Click here for a map of cases in the United States.

What should someone do if they suspect they have a C. auris infection?

CDC recommends that anyone who believes they have any fungal infection or healthcare-associated infection see a healthcare provider.

Are C. auris infections treatable?

Most C. auris infections are treatable with a class of antifungal drugs called echinocandins. However, some C. auris infections have been resistant to all three main classes of antifungal medications, making them more difficult to treat. In this situation, multiple classes of antifungals at high doses may be required to treat the infection. Treatment decisions should be made in consultation with a healthcare provider experienced in treating patients with fungal infections.

Can a person die from infection with C. auris?

Yes. Invasive infections with any Candida species can be fatal. We don’t know if patients with invasive C. auris infection are more likely to die than patients with other invasive Candida infections. Based on information from a limited number of patients, 60% of people with C. auris infections have died. However, many of these people had other serious illnesses that also increased their risk of death.

How does C. auris spread?

C. auris can spread in healthcare settings through contact with contaminated environmental surfaces or equipment, or from person to person. More work is needed to further understand how it spreads.

How can the spread of C. auris be prevented?

Please see the C. auris Interim Recommendations page.

What is CDC doing to address C. auris?

CDC is providing guidance for clinicians and infection control personnel. For more information, please see the Interim Recommendations for reporting, laboratory diagnosis, infection control, and environmental cleaning. CDC also is working with state and local health agencies, healthcare facilities, and clinical microbiology laboratories to ensure that laboratories are using proper methods to detect C. auris and know the limitations of certain tests for detecting C. auris.