MAY 12, 2015
SAGINAW, MI
Police and Coast Guard investigators are carrying out
separate investigations after a man was killed during a boating accident on the
Saginaw River.
David Brigham, 25, and Robert A. Todd, 53, both of
Vassar, were knocked into or jumped into the Saginaw River the morning of
Friday, May 8, when the boat they were on had engine trouble and was struck by
a tugboat pushing a barge near the Saginaw-Bay county line, police have said.
Zilwaukee firefighters rescued Brigham right after the
emergency call and police located Todd's body on Monday, May 11, in the river
near Bay City's James Clements Airport.
The U.S. Coast Guard confirmed its investigative services
division is looking into the cause of the crash.
"I can't tell you any of the specifics," Coast
Guard Petty Officer 3rd Class Lauren Laughlin said when asked about the
probe. "The cause is under investigation."
She said she could not answer questions or confirm what
Saginaw County Sheriff William Federspiel said, that Coast Guard investigators
are looking into whether or not a lookout was required on the barge and
other maritime law questions to help the sheriff's department.
The Coast Guard's online information says one rule of
the International Regulations for Preventing Collisions at Sea (COLREGS)
is about lookouts:
"Every vessel shall at all times maintain a proper
look-out by sight and hearing as well as by all available means appropriate in
the prevailing circumstances and conditions so as to make a full appraisal of
the situation and of the risk of collision," the rule states, according to
the Coast Guard.
Coast Guard officials did not confirm whether or not the
rule could apply to the crash or other regulations they may
be considering.
The Coast Guard is also looking into the aspect of
shipping procedures and whether or not the tugboat was in the proper channel,
Federspiel said, "which we believe he was."
Federspiel said investigators believe the tugboat and barge
did not have a lookout, though there were others on board besides the
captain.
"It may be legitimate that they don't need a lookout on
that vessel," the sheriff said. "The Coast Guard is going to confirm
if they followed procedures and did everything properly."
Federspiel said his detectives are looking at the case from
all angles, which is standard for a death with one or no witnesses.
The department will attempt to find evidence to corroborate
the account given by the survivor, the sheriff said. The department is also
waiting for results of an autopsy being done on Todd's body.
Federspiel said the tugboat was operated by Cheboygan-based
Morrish-Wallace Construction and the captain told investigators he did not know
the crash happened.
Michigan Occupational Safety and Health Administration
(MIOSHA) is not investigating the death because "...the fatality victim
was not an employee, and because there was no employer/employee relationship,
MIOSHA does not have jurisdiction over the incident," MIOSHA Spokeswoman
Tanya Baker said.
Asked about MIOSHA jurisdiction of incidents on
the water, Baker said MIOSHA does not have jurisdiction over incidents
occurring on navigable water, except for when public employees are engaged in
maritime work, such as port authorities, cities or counties.
Other federal agencies have jurisdiction over other
workplace related deaths on the water, she said. For example, specific
activities related to maritime shipbuilding, shipbreaking, ship repairing and
long shoring remain within the exclusive jurisdiction of federal OSHA.
When there is no employer/employee relationship, the U.S.
Coast Guard has responsibility to safeguard the lives and safety of citizens in
maritime situations, Baker said.
Source: www.mlive.com