This blog presents Metropolitan Engineering Consulting & Forensics (MEC&F) claim management and claim investigation analyses of some of the typical claims we handle
Tree Trimmer Dies After Becoming Trapped in Palm Tree at Hacienda Heights Home
Posted 4:54 PM, September 6, 2018, by Erika Martin and Kimberly Cheng,
Authorities recovered the body of a 49-year-old tree trimmer who died after becoming trapped inside a palm tree outside a Hacienda Heights home on Thursday, officials said.
Simon Lemus' teenage daughter was on the job with him when she his heard screams for help, his family said. She ran over to discover her father had become lodged deep inside a mass of dried fronds at the base of the tree's canopy.
Lemus had been trimming trees more than half his life and worked with a local company. But on Thursday, he was doing a side job to help out a friend, his family said.
Simon Lemus is seen in an undated photo provided by his family.
"Receiving news about my dad's passing at this accident is something that's very sad for our family," his son, Simon Lemus Jr., said through a translator. "But he passed away doing what he loved most."
Officers responded to the scene on the 15400 block of Garo Street at about 4 p.m., said Vanessa Lozano with the Los Angeles County Fire Department.
Aerial video showed two fire personnel had ascended a ladder to reach the palm fronds about 40 feet off the ground. They were pulling them apart and working to access deeper inside the tree, where Lemus was trapped.
By 5:15 p.m. they had strapped his limp body to the trunk of the tree and were working to get him down. Around 5:45 p.m., firefighters told KTLA he had been pronounced dead.
It appeared Lemus had become stuck under a tangle of dry palm fronds, which can collapse quickly and become very heavy. Coroner's officials have yet to determine a cause of death.
Leonel Granados, another tree trimmer who'd worked alongside Lemus for decades, said he was experienced and had proper safety equipment.
"I know he's a very strong guy, so I don't know what happened inside there," Granados said. "It's not the first one; he had trimmed, I think, thousands of palms."
Lemus' family remembered him as a loving husband, father and grandfather. Simon Jr. described him as a religious and charismatic man with a strong work ethic.
"First and foremost, he was a person who loved God," his son said. "He was the best kind of guy, admirable, always smiling."
Of the
nine counts of conviction, eight were misdemeanors, consisting of one
count relating to a 25 minute delayed reporting and seven counts under
California's strict liability misdemeanor statutes (six animal takings
counts and one discharge count).
LOS ANGELES, CA (AP) — A California jury has found a pipeline company guilty of nine criminal charges for causing a 2015 oil spill that was the state's worst coastal spill in 25 years.
The jury in Santa Barbara County reached its verdict against Plains All American Pipeline of Houston on Friday following a four-month trial.
The jury found Plains guilty of a felony count of failing to properly maintain its pipeline and eight misdemeanor charges, including killing marine mammals and protected sea birds.
The company had faced a total of 15 charges for the rupture of a corroded pipeline that sent at least 123,000 gallons (465,000 liters) of crude oil gushing over Refugio State Beach and out to sea.
The spill closed beaches, hurt tourism and fishing, and crippled the local oil business.
Plains apologized and paid for cleanup but denied criminal wrongdoing, saying the spill was an unfortunate accident.
In a statement following the verdict, Plains All American said:
"A jury decision was announced today in the trial against Plains in State Court in Santa Barbara County, California arising out of the accidental release of crude oil from Line 901 in May of 2015. The charges against Plains were brought by the California Attorney General and Santa Barbara County District Attorney following a May 2016 indictment filed against Plains and one of our employees.
"Plains is pleased that (i) our employee was dismissed before trial began; (ii) 37 of the initial 46 charges against the company were either dismissed by the Judge or resulted in acquittals or deadlocks by the jury; and (iii) in particular, that the jury did not find any knowing misconduct by Plains with respect to the operation of Line 901. Of the nine counts of conviction, eight were misdemeanors, consisting of one count relating to a 25 minute delayed reporting and seven counts under California's strict liability misdemeanor statutes (six animal takings counts and one discharge count).
"Plains' operations with respect to Line 901 met and/or exceeded applicable legal and industry standards, and accordingly, we believe that the jury erred in its verdict on one count where applicable California laws allowed a conviction under a negligence standard. We intend to fully evaluate and consider all of our legal options with respect to the trial and resulting jury decision announced today.
"Plains continues to accept full responsibility for the impact of the accident. We are committed to doing the right thing. The verdict reflected no knowing wrongdoing by Plains or our employees with respect to the operation of Line 901, and the testimony established our comprehensive cleanup effort. Numerous witnesses testified that Plains did everything possible to return areas impacted by the 2015 oil release to conditions as good as or better than before the release."
============================
SANTA BARBARA, Calif. (KABC) --
A
Santa Barbara County jury Friday found a Texas pipeline company guilty
of nine criminal charges for causing the 2015 oil spill at Refugio
Beach.
The oil spill, which spread across 4 miles of coastline
and shuttered beaches for months, happened after a 24-inch pipeline
ruptured. The spill sent at least 123,000 gallons of crude oil onto beaches and into the sea. Plains
All-American Pipeline, based out of Houston, was found guilty of one
felony count of failing to properly maintain its pipeline and eight
misdemeanor charges, including killing marine mammals and protected sea
birds.
In the wake of what is considered the state's worst spill in 25 years,
the company apologized and paid for cleanup but denied any wrongdoing.
The company's 2017 annual report estimated costs from the spill at $335
million, not including lost revenues.
In May 2016, the company was indicted and faced a total of 15 charges in the case. The trial lasted about four months.
The
company still faces possible fines from the U.S. government and also
faces a federal class-action lawsuit by owners of beachfront properties,
fishing boat operators, the petroleum industry and oil workers who lost
jobs because of the spill.
Plains All-American Pipeline is the
same company that was also involved in an oil spill in Atwater Village
in May 2014. A pipeline burst and spewed about 10,000 gallons of oil
over a half-mile area.
========================
SANTA BARBARA, Calif. (KABC) --
A
ruptured 24-inch pipeline spilled oil into the ocean off Refugio State
Beach, about 20 miles west of Santa Barbara, which spread across 4 miles
of coastline.
A citizen reported the leak at about noon Tuesday
coming from the pipeline off the 101 Freeway. The pipeline, owned by
Santa Maria-based Plains All-American Pipeline, was on land, and the oil
flowed from a culvert into the waters.
The culvert was later
blocked and the leak was stopped, Plains All-American Pipeline's
officials said. It was initially reported an estimated 21,000 gallons of
oil spilled into the ocean, but an exact amount was unknown.
"Plains
deeply regrets this release has occurred and is making every effort to
limit its environmental impact. Our focus remains on ensuring the safety
of all involved," Plains All-American Pipeline released in a statement.
Plains
All-American Pipeline was also involved in an oil spill in Atwater
Village in May 2014, when a burst pipeline spewed about 10,000 gallons
of crude oil over a 1/2-mile area.
The U.S. Coast Guard was
monitoring clean-up operations. A commercial oil spill response company
was helping with the clean-up, Coast Guard officials said.
At one point, whales could be seen swimming in the area. Clean-up crews attempted to push the animals away from the oil.
Concerned
citizens also scoured the beaches looking to rescue any animals that
may have been caught in the thick, gooey oil. So far, there have been no
reports of any injured wildlife, but photos from Santa Barbara-based
online news website Noozhawk showed birds caught in the muck.
Officials with the Coast Guard said the sludge is considered a "medium-sized" spill.
Santa
Barbara County Office of Emergency Management, Exxon, the Santa Barbara
County Fire Department and California Department of Fish and Wildlife
were on scene.
About 20 barrels of oil have been retrieved so far.
The
public was urged to avoid the area during clean-up. Refugio Beach and
its campground were closed until further notice. Officials said the oil
could spread another 2 to 4 miles south down the coast due to the winds
and surf.
Lake Margrethe is a 1,920-acre lake in Crawford County, just west of Grayling, where PFAS contamination is under investigation in connection to the Camp Grayling Michigan National Guard base there.
In Grayling, filters have been provided to about 175 homes near the Grayling Army Airfield and another 35 homes around Lake Margrethe. The state is telling residents that it needs to decide if more homes need the filters and notes that no long-term safe water solution has been determined yet because the city's municipal supply is also contaminated.
The military, meanwhile, is following a linear, drawn-out investigation process in Grayling and other bases that's likely to delay any actual cleanup by years.
As time goes by, affected residents continually learn more about contaminants that few had ever heard of before last year.
Because PFOS is a surfactant, a chemical microlayer on the water surface gets sudsy when wind conditions are right.
The foaming has also been observed on Lake Margrethe in Crawford County, where the DEQ is also conducting a PFAS plume investigation at the Camp Grayling Michigan National Guard base. The DEQ took foam samples from the lake late last year.
"It's different than the foam you'd see on disturbed water," Bush said, describing it as whiter and frothier. "It's like Mr. Bubbles suds."
======================================== Firefighting chemical linked to water safety concerns By Jeremy Wahr
September 7, 2018
By JEREMY WAHR Capital News Service
LANSING, MI —
A firefighting foam has been linked to a group of chemicals known to be harmful to infants, toddlers and pregnant women. But it is still kept on hand because firefighters say they don’t have effective alternatives.
Detection of the chemicals, known as PFAS, has led to the creation of the Michigan PFAS Action Response Team, a multi-agency organization dedicated to understanding the far-reaching effects of the chemical and educating the public on the threat it poses.
“It’s reason for concern because it’s an issue of public health,” said Katie Parrish, communications director for the Michigan League of Conservation Voters.
The Michigan PFAS Action Response Team has asked State Fire Marshal Kevin Sehlmeyer to survey over 1,000 fire departments to identify the amount of PFAS in firefighting foam, according to the Michigan Department of Licensing and Regulatory Affairs.
Although the survey has not been completed, the response team and other agencies have evidence of the dangers of the foam used to contain fuel and electrical fires and in training drills.
Firefighters and certain military personnel are required to use the foam. The response team believes the military’s heavy use of it contributed to elevated levels of the chemicals in Lake Margrethe, a lake adjacent to Camp Grayling. About a dozen similar sites are also affected.
Because of the danger, many newer firefighting foams don’t contain PFAS, said David Glotzbach, president of the Michigan Association of Fire Chiefs and a 33-year veteran firefighter.
“However,” Glotzbach said in an email, “these products are not effective in extinguishing flammable liquid fires.”
The Department of Environmental Quality has 35 active investigations for potential PFAS contamination across the state. It has begun testing public drinking water for the contaminant throughout the state, said Scott Dean, the agency’s communications director.
The testing will be finished by the end of the year and the agency has only found one public drinking supply – in Parchment – with dangerous levels of the chemical, he said.
Some commercial businesses have fought the testing. In May, the managers of Gerald R. Ford International Airport attempted to deny DEQ testing, claiming government overreach. The DEQ eventually tested the airport and found elevated levels of the chemical.
PFAS is dangerous in part because it does not break down in the environment or the human body, leading to its designation as a “forever chemical” by the Michigan League of Conservation Voters.
The chemical is produced across the country and used not just for firefighting but for products such as stain-resistant shoes and no-stick pans. Waste from these production sites cannot always be treated by generic wastewater treatment plants, according to the Michigan Environmental Council. Specifically, when several industrial buildings discharge waste directly into a treatment plant, the chemicals will still survive.
Meghan Swain, executive director of the Michigan Association for Local Public Health, says the federal government should be more proactive in regulating PFAS.
“Michigan is the only state talking about PFAS chemicals,” Swain said referring to the formation of the state’s PFAS Action Response Team. “The EPA should have sounded the alarm years ago.”
The EPA says 70 parts per trillion is the limit on PFAS for safe drinking water. But some groups, such as the Michigan League of Conservation Voters, say that it is too lenient.
“The state is using the EPA’s standard but it’s critical to understand that this EPA standard is an unenforceable, advisory-only recommendation and only covers two of the many PFAS chemicals,” Parrish said.
Mine Worker Injured By Equipment, Company Fined $70,000
Ministry of Labour
Convicted: FNX Mining Company Inc. o/a KGHM International (FNX); head office 66 Wellington Street West, Toronto, Ontario. Location: The company's copper ore mine (Morrison Mine) near Onaping (Sudbury area), Ontario. Description of Offence: A worker suffered critical injury while riding in the bucket of a scooptram (similar to a front-end loader). Date of Offence: January 11, 2017. Date of Conviction: September 7, 2018. Penalty Imposed:
Following
a guilty plea, the company was fined $70,000 by Justice of the Peace
Michael G. Kitlar in Sudbury court; Crown Counsel Judy L. Chan.
The court also imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Background:
On
January 11, 2017, a worker was performing remote mucking (loading
extracted ore) from a draw point (a funnel-shaped opening through which
the ore is removed). The worker was using a scooptram ( a Load Haul Dump
truck equipped with a front-mounted bucket, used to move broken
rock/ore in a mine).
After some time, the worker noticed that
the in-and-out movement of the scooptram in the draw point had damaged
ventilation tubing and the area was filling up with the diesel fumes
from the scooptram. A supervisor directed a second worker to help with
the repair.
The two workers placed a 5' x 11' section of screen
mesh in the bucket of the scooptram, intending to elevate it at a
particular place at the draw point, where it would be used. It was
agreed that the first worker would work from the bucket to carry out the
repairs, while the second worker would operate the scooptram.
About
half of the mesh section was outside of the bucket, so the first worker
got into the bucket and stood on top of the mesh to weigh it down and
prevent it from moving. The second worker raised the bucket and curled
it back, in order to lift the part of the mesh section that was still on
the ground.
As the bucket rotated back and up, the worker in
the bucket was pinched between the bucket and the frame of the machine
as the hydraulic cylinder was closing. The worker suffered crushing
injuries requiring surgery.
The operator's guide for the
scooptram states that riders should not be allowed in the bucket. The
Ministry of Labour engineer who examined the scooptram concluded that
the scooptram was not designed for the particular task for which it was
being used, given the potential hazards of pinch points, among others.
FNX
failed to take the reasonable precaution of ensuring that the scooptram
was used in accordance with the manufacturer's instructions and/or in a
way in which it was designed to be used, contrary to section 25(2)(h)
of the Occupational Health and Safety Act. This is an offence under section 66(1) of the act.
3 Severely Burned In Whitehall Explosion September 6, 2018
WHITEHALL, PA (KDKA) —
The owner of a Bethel Park flooring company was among the three contractors injured in a violent and unusual explosion at a Whitehall home Wednesday night.
All three men working on a job in the basement of a home in a residential neighborhood remain at Mercy Hospital with severe burns, two are in critical condition. Melted shoes and tattered clothes remain visible, evidence of the violent explosion that rocked this Whitehall home and sent neighbors running to help the injured.
One of the victims working for Sims Speciality Flooring of Bethel Park has been identified. The company’s president, David Sims, was severely burned while working in the basement of the home. The two other men have yet to be identified.
Around 7:30 Wednesday night three contractors from the flooring company were severely burned while working in a home on the 4300 block of McKee Drive. Homeowners Albert and Machelle DeCarlo, were remodeling their basement according to neighbors.
“The worst part was the blood-curdling screams. Burn victims sustain so much pain,” said Ashley Sites, registered nurse and neighbor.
(Photo Credit: Meghan Schiller/KDKA)
Sites said she heard a loud boom and didn’t think anything of it. Then she heard screaming and walked outside to see the three workers screaming a few doors down. She quickly sprang into action.
“I had said ‘Well, we need to preserve as much skin as we can, we need to wash the chemicals off,’” Sites said. “I couldn’t touch them, I didn’t have gloves on, so we got towels. We were able to use that as a barrier, put that around them to keep the skin moist, wash the chemicals off.”
Firefighters and EMS arrived within minutes and transported the victims to UPMC Mercy’s burn unit.
Neighbors and firefighters told KDKA it appeared that the workers were preparing to stain the concrete floor in the home’s basement. The fumes from the chemicals ignited in some way and turned into a fire ball that burst out of the home.
“It was definitely an experience and probably a life-changing moment for a lot of us,” Carllie Reck, a next-door neighbor, said.
Reck said the boom shook her wall-mounted television. One of the victims ran to her front door.
“When he was at my door, his face was stark white and his eyes weren’t really open. You could see holes in his shirt,” Reck said.
(Photo Credit: Meghan Schiller/KDKA)
The flooring materials still sat in the backyard on Thursday, marked “flammable.” The door rests on the driveway, charred around the edges. The windows to the basement also appear black around the edges.
The Whitehall Fire Department said the residents on the second floor were not hurt.
Nationally from 1992-2002, 52 fatal injuries were sustained by workers in the floor laying/other floor work business (Standard Industrial Code 1752, not necessarily wood floors). Of these injuries, 21% (11/52) resulted from fires and explosions. Five of the workers who died due to fire or explosion were employed specifically in wood floor sanding. These fires as well as air pollution from certain floor finishing products can present public safety and health threats to the residents of the affected buildings and neighborhoods. The New York City Fire Department has instituted citywide regulations restricting the use of flammable products. The products implicated in these fires are frequently flammable liquids, especially lacquer sealers. Flammable liquids have flash points under 100° F. This means that any spark or ignition source can easily ignite the mixture of product vapor and air near the surface of the liquid when it reaches these temperatures. In fact, some floor finishing products have flash points well below normal room temperatures, around 50° F or 25° F. Some of the most flammable products are certain lacquer sealers, which have been implicated in several recent fires. These types of sealers are inexpensive and dry very quickly. Therefore, they are used by some contractors as a quick first coat under coats of finish. Safety measures recommended for using flammable liquids include preventing known sources of sparks. This involves extinguishing all pilot lights, disconnecting electric appliances such as stoves and refrigerators, covering electric outlets, using only non-sparking tools, and, of course not smoking. All containers should be closed when they are not in use to prevent sparks from coming into contact with the vapor-air mixture above the surface of the liquid. In addition, maintaining ventilation as stipulated in the manufacturer’s instructions will help dilute the product vapors in the rest of the room, potentially to a concentration that is too low to ignite. The challenge to these safety measures results from the fact that is nearly impossible to prevent all sparks. For example, use of ventilation devices requires electricity, which can produce sparks. Turning on a light switch can produce sparks. Simply pouring liquid from one container to another can create enough friction to cause sparks if containers are not grounded. Static electricity can also result from other types of friction, especially in dry weather. Striking a metal object, such as a nail or staple in the floor, can produce sparks.
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