WOMAN IS KILLED BY FALLING DEBRIS IN GREENWICH VILLAGE, NYC

MARCH 18, 2015

NEW YORK (CBSNEWYORK)

The city Department of Buildings issued a stop work order Wednesday, after a woman was struck and killed by a piece of flying plywood in Greenwich Village on Tuesday evening.

The incident took place at around 6 p.m. Tuesday at West 12th Street near Seventh Avenue.

As CBS2’s Valerie Castro reported, the 37-year-old woman – identified as Trang Thuy “Tina” Nguyen – was talking on her cellphone when a 4-foot-by-8-foot piece of green plywood from a section of fencing around a nearby construction site came loose due to blasting winds.

The piece of plywood hit Nguyen in the right side of her body, and she was thrown against the side of the building that stands at 175 W. 12th St.

Nguyen was taken to Bellevue Hospital Center, where she was pronounced dead.

Nguyen’s fiancé, Alex Beitler, released a statement late Wednesday.

“She always saw the best in everyone. She was always reminding me to see the same. We were together for five of the best years of our lives. We planned to be married in July of this year. The family and I have decided to bury her in Philadelphia,” the statement said. “This is the most devastating loss. She was the woman of my dreams. I hope people will remember her by seeing the best in one another and treating each other with true kindness.”

The city Department of Buildings has investigated, and issued a full stop work order, as well as a violation for failure to safeguard the property.

“It is the responsibility of building owners and construction site managers to ensure their properties are safeguarded and in code compliant conditions at all times,” a department representative said. “A failure to do so can result in enforcement action by the department including the issuance of violations.”

Falling plywood from site of former St. Vincent's hosp strikes woman, kills her. Bldgs dept investigating. @wcbs880 http://t.co/ruxuGxHSvQ—
Marla Diamond (@MDiamond8) March 18, 2015

Jason Foley works at the nearby construction site.

“It’s just like one of those divine intervention kind of things. If it’s going to happen, it’s going to happen,” Foley said. “You know, it’s sad. It really is sad. You’re just walking down the street, and you never know what’s going to happen. You just really never know. Whether it’s a car crossing the street or some freak accident like this.”

The site is where St. Vincent’s Hospital-Manhattan once stood. The hospital closed in 2010, and the site is now being redeveloped into condominiums.

Foley said workers were inspecting the fencing Wednesday morning.

“I know they were shoring up; maybe double checking making sure everything was going to be secure,” he said.

It is an issue that has faced the site before. According to records from the Department of Buildings, a complaint was filed in August 2014 saying debris falling off the building “struck someone in the head.”

Turner Construction Company is working on the development, and said the issue was the result of a concrete pour and was later resolved.

The company had representatives on site Wednesday, taking pictures of the area where the plywood came loose.

“We are deeply saddened by the death of a pedestrian who was walking near the construction site on West 12th Street,” Turner Construction said in a statement. “Our thoughts and prayers are with her family during this very difficult time. Safety on and around our jobsites is always our number one priority. We are conducting an investigation into the circumstances of the incident. We are also fully cooperating with investigations by the Department of Buildings and other agencies looking into this incident.”

Meanwhile, many people walking by on Wednesday said the worry of flying or falling debris is always in the back of their minds. One woman said it is one of her greatest fears.

“Not from burglars, muggers or terrorists, but construction,” she said.

One neighbor told WCBS 880’s Marla Diamond she would now avoid the site.

“Now, I’m not walking down 12th Street,” the woman said. “I’m going around.”

But even on the windiest of days, Ann told 1010 WINS’ Al Jones she doesn’t think twice about stuff blowing off of buildings.

“Honest to God, I live right down here and it didn’t even cross my mind,” she said. “I am shocked that it would blow out.”

Derek, however, said the construction is the reason he doesn’t usually walk on the block.

“Yea, of course. Think about it in New York all the time,” he said. “I actually cross the street. I’m very aware. I don’t trust these things.”

The U.S. Occupational Safety and Health Administration is also investigating the incident, to ensure the safety of the site’s workers.

Source: cbsnews.com

TARGET AGREES TO PAY $10 MILLION TO DATA BREACH VICTIMS

MARCH 19, 2015

MINNEAPOLIS, MN

Target has agreed to pay $10 million under a proposed settlement in a class-action lawsuit stemming from a massive 2013 data breach, the company confirmed to CBS News.

"We are pleased to see the process moving forward and look forward to its resolution," Target spokesperson Molly Snyder told CBS News late Wednesday.

The proposed settlement, which must be approved by a federal district court judge, creates a settlement account that could pay individual victims up to $10,000 in damages, according to court documents.

The data breach, one of the largest of its kind, occurred between Nov. 27 and Dec. 15, 2013, just as the busy holiday shopping season was underway. 

Information from as many as 40 million credit and debit cards was stolen.

Investigators believe the thieves captured the information by installing software on payment terminals customers used to swipe their payment cards at checkout. Nearly all of Target's 1,797 stores in the United States were affected.

At least 15 lawsuits were filed by the end of 2013, seeking millions of dollars in damages. The harm was so widespread that the Department of Justice began its own investigation into the breach.

A court hearing on the settlement proposal was scheduled for Thursday in St. Paul, Minnesota, where Target's headquarters is located. 

The news comes as Target recently announced layoffs of 1,700 employees -- or 13 percent of the workforce -- at its Minneapolis headquarters, reports CBS Minnesota.

Source: cbsnews.com

Safety Stand-Down puts the brakes on injuries at Georgia road sites. One-hour work stoppage helps laborers avoid being struck by distracted drivers and debris

MARCH 18, 2015

ATLANTA, GEORGIA

The Federal Highway Administration, the state of Georgia and local government organizations are partnering with the U.S. Department of Labor's Occupational Safety and Health Administration to sponsor a one-hour Safety Stand-Down at construction sites in Georgia in conjunction with National Highway Work Zone Awareness Week from March 23-27. 

Employers will voluntarily stop work on one designated day at construction sites that week from 7 a.m. to 8 a.m. EDT to provide work zone safety training to road workers so they can protect themselves from the dangers of distracted drivers and injuries caused by passing vehicles, flying debris and other objects. Objects and vehicles striking workers are a leading cause of road construction-related deaths.


"This alliance is about the mothers, fathers, sisters and brothers who died on-the-job because a driver was distracted by a text message, a phone call or other activity," said Kurt Petermeyer, OSHA's regional administrator for the Southeast. "This event will help employers identify hazards and how employees can avoid them and remind the industry of the importance of safety in these work zones." 


The Stand-Down is being organized by the Georgia Struck-By Alliance, which includes OSHA; the Associated General Contractors of Georgia Inc.; 3M Visibility & Insulation Solutions; Georgia Department of Transportation; the Federal Highway Administration's Georgia Division; and the Georgia Highway Contractors Association. It also includes the Georgia Utility Contractors Association Inc.; the Association County Commissioners of Georgia; Georgia Tech Research Institute; Lamar Advertising; Georgia Power; Pike Corporation; Ansco & Associates LLC; and the National Safety Council, Georgia Chapter.

An informational flier and toolbox in English and Spanish are available from the Associated General Contractors of Georgia. For more information, contact Christi Griffin in OSHA's Atlanta-West Area Office at 678-903-7301; Bill Fulcher in the Atlanta-East Area Office at 770-493-6644; or Robert Vazzi in the Savannah Area Office at 912-652-4393.


Through the agency's Alliance Program, OSHA works with groups committed to worker safety and health to prevent workplace fatalities, injuries and illnesses.

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 Georgia wood products manufacturer, K.W. McAvoy & Son Inc., for exposing workers to fire, amputation and unprotected equipment hazards

March 18, 2015

Employer name: K.W. McAvoy & Son Inc.


Inspection site: 3500 Greensboro Road, Washington, Georgia 30673


Date investigation initiated: OSHA initiated the investigation on Nov. 5, 2014, after the agency received a complaint related to safety and health hazards at the facility.


Investigation findings: OSHA issued 12 serious citations to the employer for not having a program to ensure machinery could not accidentally start up during maintenance and servicing; exposing workers to amputation* hazards due to unprotected rotating conveyor parts; allowing employees to use compressed air for cleaning in excess of 30 pounds per square inch; failing to ensure forklift operators were trained and used seat belts; allowing excessive amounts of sawdust to accumulate causing fire and explosion hazards and several instances of failing to protect employees from contact with hazardous equipment. Two other violations include the employer's failure to ensure electrical boxes were covered and not using permanent fixed wiring. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. 


Quote: "Employers cannot wait for an injury, illness or OSHA inspection to begin protecting employees from workplace hazards," said William Fulcher director of OSHA's Atlanta-East Area Office. "There is plenty of free help available to employers who need to improve their workplaces and prevent workers' injuries or illnesses."


Proposed Penalties: $45,500


View citations here:
  http://www.dol.gov/opa/media/press/osha/OSHA20150394fs.pdf* http://www.dol.gov/opa/media/press/osha/OSHA20150394fs2.pdf*


K.W. McAvoy provides wood reprocessing and supplies for surveying and construction. 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 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 Atlanta-East Area Office at 770-493-6644.

Fired for reporting hazards, whistleblower wins $33K settlement. Perry Ridge Landfill and Panther City Hauling wrongfully terminate truck driver

MARCH 19, 2015

DU QUOIN, ILLINOIS

A truck driver, who was fired the morning after he filed a complaint with the U.S. Department of Labor's Occupational Safety and Health Administration alleging unsafe working conditions, will receive $33,000 under terms of a settlement agreement. The agreement resolves a lawsuit brought against employers Perry Ridge Landfill Inc., Panther City Hauling and their corporate officer, Joseph Mazza, for violating the whistleblower provisions of the Occupational Safety and Health Act of 1970. 


"No worker should need to ask repeatedly for adequate safety protection or face termination for reporting health and safety violations and exercising their whistleblower rights," said Nick A. Walters, OSHA's regional administrator in Chicago. "OSHA is committed to protecting the rights of America's workers, including those who suffer retaliation for filing complaints seeking to improve the safety and health of their work environment."


On July 26, 2011, the driver hauled a load of leachate, a fluid that seeps from a landfill into a system of pipes, from the Perry Ridge Landfill to the City of Du Quoin's treatment facility. As he transferred the fluid from the trailer, the driver slipped atop the trailer. Later that morning, he filed a complaint with OSHA alleging the company failed to provide adequate fall protection. The driver had, on several other occasions, requested additional fall protection equipment from Perry Ridge Landfill and Panther City Hauling, his direct employer, after similar slips. When he reported for work the next day, the driver was dismissed.


Pinckneyville-based Panther City performs hauling services for Perry Ridge Landfill, located in Du Quoin. The companies had shared corporate officers and other combined services, such as payroll and human resources. Perry Ridge Landfill will pay $28,250 to the driver immediately. Panther City will pay the driver a total of $4,750 in monthly installments beginning March 1, 2015. Under the agreement, both companies will remove derogatory information related to the dismissal from the worker's employment record and comply with the Occupational Safety and Health Act in the future. 


The department's Regional Office of the Solicitor in Chicago litigated the case.

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 conduct 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.whistleblowers.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 setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

2 CAR COLLISIONS WITH TRAINS IN GEORGIA AND FLORIDA

WOMAN INJURED AFTER CAR COLLIDES WITH TRAIN

MARCH 19, 2015

DOUGLASVILLE, GEORGIA

Authorities are at the scene of an accident involving a train and a vehicle in Douglasville.

The incident happened at Highway 92 and Bankhead Highway. Georgia State Patrol officials say a car flipped over after colliding with a train.

A woman was pulled out of the car and taken to the hospital in serious condition.

//-------------------------------------//

DRIVER CRASHES CAR INTO TRI-RAIL TRAIN

MARCH 19, 2015

OAKLAND PARK, FLA. (WSVN)

A Tri-Rail train is currently at a standstill after a driver drove their car into the train, Thursday afternoon.

The crash occurred just after 5 p.m. at the railroad tracks just west of Interstate-95 in Oakland Park.

According to the Broward Sheriff's Office, it appears the driver accidentally drove the car into the train as it crossed.

Despite crashing into a moving train, the driver did not suffer any serious injuries.

Train officials expect delays to last approximately one hour. Drivers are urged to avoid the area and search for an alternate route.

RISK OF MODERATE FLOODING FOR PARTS OF CENTRAL AND EASTERN UNITED STATES. NO DROUGHT RELIEF IN SIGHT FOR CALIFORNIA, NEVADA OR OREGON THIS SPRING

MARCH 19, 2015 

U.S. Spring Flood Risk Map for 2015. (Credit: NOAA)

According to NOAA’s Spring Outlook released today, rivers in western New York and eastern New England have the greatest risk of spring flooding in part because of heavy snowpack coupled with possible spring rain. Meanwhile, widespread drought conditions are expected to persist in California, Nevada, and Oregon this spring as the dry season begins.

“Periods of record warmth in the West and not enough precipitation during the rainy season cut short drought-relief in California this winter and prospects for above average temperatures this spring may make the situation worse,” said Jon Gottschalck, chief, Operational Prediction Branch, NOAA’s Climate Prediction Center.

NOAA’s Spring Outlook identifies areas at risk of spring flooding and expectations for temperature, precipitation and drought from April through June. The Spring Outlook provides emergency managers, water managers, state and local officials, and the public with valuable information so they will be prepared to take action to protect life and property.

Spring Flood Risk

Record snowfall and unusually cold temperatures in February through early March retained a significant snowpack across eastern New England and western New York raising flood concerns. Significant river ice across northern New York and northern New England increase the risk of flooding related to ice jams and ice jam breakups. Rivers in these areas are expected to exceed moderate flood levels this spring if there is quick warm up with heavy rainfall.

There is a 50 percent chance of exceeding moderate flood levels in small streams and rivers in the lower Missouri River basin in Missouri and eastern Kansas which typically experience minor to moderate flooding during the spring. This flood potential will be driven by rain and thunderstorms.

Moderate flooding has occurred in portions of the Ohio River basin, including the Tennessee and Cumberland rivers from melting snow and recent heavy rains. This has primed soils and streams for flooding to persist in Kentucky, southern Illinois, and southwest Indiana with the typical heavy spring rains seen in this area.

Minor river flooding is possible from the Gulf Coast through the Ohio River Valley and into the Southeast from Texas eastward and up the coast to Virginia. The upper Midwest eastward to Michigan has a low risk of flooding thanks to below normal snowfall this winter. Though, heavy rainfall at any time can lead to flooding, even in areas where overall risk is considered low. 

Drought Outlook

El Niño finally arrived in February, but forecasters say it’s too weak and too late in the rainy season to provide much relief for California which will soon reach its fourth year in drought. 

Drought is expected to persist in California, Nevada, and Oregon through June with the onset of the dry season in April. Drought is also forecast to develop in remaining areas of Oregon and western Washington. Drought is also likely to continue in parts of the southern Plains.

Forecasters say drought improvement or removal is favored for some areas in the Southwest, southern Rockies, southern Plains, and Gulf Coast while drought development is more likely in parts of the northern Plains, upper Mississippi Valley and western Great Lakes where recent dryness and an outlook of favored below average precipitation exist. 

Current water supply forecasts and outlooks in the western U.S. range from near normal in the Pacific Northwest, northern Rockies, and Upper Colorado, to, much below normal in California, the southern Rockies, and portions of the Great Basin. 

If the drought persists as predicted in the Far West, it will likely result in an active wildfire season, continued stress on crops due to low reservoir levels, and an expansion of water conservation measures. More information about drought can be found at www.drought.gov.

Temperature and Precipitation Outlook

Above-average temperatures are favored this spring across the Far West, northern Rockies, and northern Plains eastward to include parts of the western Great Lakes, and for all of Alaska. Below normal temperatures are most likely this spring for Texas and nearby areas of New Mexico, Colorado, Kansas, and Oklahoma. 

For precipitation, odds favor drier than average conditions for parts of the northern Plains, upper Mississippi Valley, western Great Lakes, and Pacific Northwest. Above average precipitation is most likely for parts of the Southwest, southern and central Rockies, Texas, Southeast, and east central Alaska. Hawaii is favored to be warmer than average with eastern areas most likely wetter than average this spring.

Now is the time to become weather-ready during NOAA’s Spring Weather Safety Campaign which runs from March to June and offers information on hazardous spring weather -- tornadoes, floods, thunderstorm winds, hail, lightning, heat, wildfires, and rip currents -- and tips on how to stay safe. 

NOAA’s mission is to understand and predict changes in the Earth's environment, from the depths of the ocean to the surface of the sun, and to conserve and manage our coastal and marine resources. Join us on Facebook, Twitter, Instagram and our other social media channels.