Friday, June 10, 2016

Three Dead in Fiery Collision Near North Platte, CO

Updated: Jun 09, 2016 1:08 PM EST
By Jordan Onwiler, Web Producer

Via: Lincoln County Sheriff's Office

Via: Lincoln County Sheriff's Office

Authorities continue to investigate a highway collision that resulted in the deaths of three people south of North Platte.

The crash occurred around 7:30 p.m. on U.S. Highway 83 near Lake Maloney. Authorities say people in the area reported a large explosion at the time of the crash.

The preliminary investigation suggests a northbound pickup crossed into the southbound traffic lane and collided head on with a semi hauling a fuel tanker.

The tanker was fully engulfed when emergency responders arrived. The pickup was also on fire and very damaged.

The driver of the pickup, 28-year-old Shane O’Conner, of Westminster, Colorado, died at the scene. A passenger in the pickup, 32-year-old Craig Vanmeter, of North Platte, was ejected from the pickup. He has taken to Great Plains Health, where he died from his injuries.

The semi driver, 66-year-old Ralph Brandt, of Ovid, Colorado, also was pronounced dead at the scene.

Witnesses told police the pickup was speeding and driving very aggressively before the crash. They said just before the collision the pickup attempted to pass a utility vehicle which is when they crossed into the southbound lane and struck the semi.

Authorities found the pickup, a 2006 Ford 4 door, was stolen out of Westminster, Colorado, and O’Conner, the driver of the pickup, had suspected meth on his person. According to police, other types of drugs, drug paraphernalia and alcoholic beverage also were found in the stolen vehicle.

Lincoln County deputies, Nebraska State Patrol, North Platte Police officers and North Platte Fire Department all responded to the scene.

U.S Highway 83 was shut down and traffic diverted for several hours.

Authorities continue to investigate.

Oregon man's gruesome hot spring death highlights problems at Yellowstone

By MATTHEW BROWN, Associated Press Thursday, June 9th 2016

AP photo shows the Norris Geyser Basin in Yellowstone National Park, Wyo.

BILLINGS, Mont. (AP) - The grisly death of a tourist who left a boardwalk and fell into a high-temperature, acidic spring in Yellowstone National Park offers a sobering reminder that visitors need to follow park rules, park officials and observers said.

Efforts to recover the body of Colin Nathaniel Scott, 23, of Portland, Oregon, were suspended on Wednesday after rangers determined there were no remains left in the hot spring.

Scott's death follows a string of incidents raising questions about tourist behavior at the nation's first national park as visitor numbers surge. That includes people getting too close to wildlife and entering dangerous areas in violation of regulations.

Yellowstone Superintendent Dan Wenk said visitors must keep to designated boardwalks when moving among the park's hot springs and geysers that blast steaming water high into the air.

Scott and his sister had traveled about 225 yards off the boardwalk on Tuesday when he slipped and fell into the hot spring in the Norris Geyser Basin. Officials said the pair had left the boardwalk to get closer to some of the basin's thermal features.

"This tragic event must remind all of us to follow the regulations and stay on boardwalks," Wenk said.

After Scott's sister reported the fall, rangers navigated over the highly-fragile crust of the geyser basin to try to recover his body. They halted the effort "due to the extreme nature and futility of it all," said park spokeswoman Charissa Reid, referring to the high temperature and acidic nature of the spring.

The death occurred in one of the hottest and most volatile areas of Yellowstone, where boiling water flows just beneath a thin rock crust.

It follows high-profile incidents at the rugged park in which tourists got too close to wildlife or went off designated pathways onto unique landmarks, sometimes leading to injuries.

"It's sort of dumb, if I could be so blunt, to walk off the boardwalks not knowing what you're doing," said Kenneth Sims, a University of Wyoming geology professor and member of the Yellowstone Volcano Observatory.

"They're scofflaws essentially, who look around and then head off the boardwalk," he added. Sims said he was speaking generally and had no direct knowledge of the circumstances of Scott's death.

Scott previously worked as a volunteer at the Jackson Bottom Wetlands Preserve in Oregon, said Mary Loftin, a manager at the Hillsboro, Oregon, parks and recreation department. Scott worked there for about 20 months fielding questions from visitors, and his stint ended last year, she said.

"A very nice young man; a bright spirit," Loftin said.

The basin is a popular attraction in the nation's first national park, which received a record 4.1 million visitors last year. Water temperatures there can reach 199 degrees, the boiling point for water at the park's high elevation.

At least 22 people are known to have died from hot spring-related injuries in and around Yellowstone since 1890, park officials said.

Most of the deaths have been accidents, although at least two people had been trying to swim in a hot spring, park historian Lee Whittlesey, author of the book "Death in Yellowstone."

The crust that makes up the ground in parts of Yellowstone is formed when minerals underground are dissolved by the high-temperature water, then redeposited on or near the surface.

That crust can be as "thin as a skiff of ice" Reid said.

Other recent tourist incidents at Yellowstone include a 13-year-old boy who got burned Saturday when his father, who had been carrying him, slipped into a different hot spring.

Woman killed in fiery crash as car smashes into tree in Kent, WA

By KOMO Staff Thursday, June 9th 2016

Wreckage of car that crashed into a tree and caught fire in Kent. (Photo: Air 4 / KOMO News)

KENT, Wash. -- A 50-year-old woman was killed when the car she was driving struck a tree in Kent and burst into flames.

Firefighters arrived to find the driver trapped inside the burning car on the East Valley Highway just south of S. 200th Street just after 2:15 p.m.. They were able to free the driver and get the person into the back of an ambulance, but the woman was later pronounced dead.

No one else was involved the crash and there were no other injuries, Kent police said.

Kent Public Works Department said the East Valley Highway will have traffic impacts at the crash scene through much of the afternoon for the investigation.

The victim's name has not been released.

A chemical spill prompted officials to close Blanchard Beach in Burlington, VT

Chemical leak prompts beach closure
Blanchard Beach expected to reopen Sunday
UPDATED 7:35 PM EDT Jun 10, 2016

BURLINGTON, Vt. —A chemical leak prompted officials to close Blanchard Beach in Burlington on Friday.

Authorities said an unknown amount of fire suppressant foam was released on private property and entered the Englesby Stream, which empties into the north side of the beach.

Officials said the foam can cause skin and eye irritation.

The beach is expected to reopen Sunday.

Anyone seeking more information about the closure can call the Water Resources Department at 802-863-4501.

Driver ejected and killed after SUV hits deer, rolls over on Route 295, Johnston, RI

By Paul Edward Parker
Journal Staff Writer

Posted Jun. 10, 2016 at 8:29 AM
Updated at 9:41 AM

JOHNSTON, R.I. -- A driver died when his sport-utility vehicle rolled over after striking a deer on Route 295 at about 5 a.m. Friday, according to a statement from state police Capt. Dennis Fleming.

The driver, who state police are not identifying until his family is notified, was not wearing a seat belt and was ejected from the GMC SUV.

The crash happened on the southbound side of the highway, just south of Greenville Avenue. The SUV rolled over several times and came to rest on its passenger side.

Coast Guard responds to boat fire at Bowley’s Marina near Middle River, Md.

Jun 10th, 2016

A damaged boat from a boat fire at the fuel pier of Bowley’s Marina in Galloway Creek near Middle River, Maryland, Friday, Jun. 10, 2016. (U.S. Coast Guard photo by Petty Officer 2nd Çlass John Sacino)

BALTIMORE — The Coast Guard responded to a report of a boat fire Friday at the fuel pier of Bowley’s Marina in Galloway Creek near Middle River.

Watchstanders at Coast Guard Sector Maryland-National Capital Region received a report at approximately 11 a.m. from Baltimore County Fire Department dispatch stating a 35-foot boat was on fire at Bowley’s Marina.

Sector Maryland-NCR issued an urgent marine information broadcast and launched a 29-foot Response Boat-Small crew from Coast Guard Station Stillpond to respond.

Baltimore County Fire Department extinguished the fire, and emergency medical personnel transported two people to Bayview Burn Center.

Baltimore County temporarily closed the waterway, and the 29-foot RBS boat crew remained on scene to assist with boating traffic.

The Incident Management Division at Sector Maryland-NCR conducted an on-scene investigation with Maryland Department of the Environment and determined the boat burned to the waterline. It has been secured to Bowley’s Yacht Basin with no threat of pollution.

How Zoo Emergency Response Teams Handle Dangerous Animals

By Jennifer Peltz and John Seweer | June 10, 2016

When a 400-pound gorilla grabbed a 3-year-old boy at the Cincinnati Zoo, the sharpshooter who killed the ape wasn’t from the police. Instead, the shooter was a specially trained zoo staffer on one of the many dangerous-animal emergency squads at animal parks nationwide.

The teams train at firing ranges, stash rifles and shotguns around the grounds, and rank the most hazardous species in their care. Members train in elaborate drills for situations like what unfolded in Cincinnati, when the child fell into the gorilla’s enclosure Saturday. The staffer who fired hasn’t been publicly identified.

It’s a weighty commitment for people who work among animals they might one day have to kill. But team members understand the need to do it if a human life is in danger.

“We all know, every day that we go to work, that we are responsible for the safety of not only the animals in our care, but our co-workers and the visiting public,” said Denise Wagner, a member of the response team at the Phoenix Zoo, where she’s a senior primate keeper focused on orangutans. “We take that responsibility very seriously.”

The Cincinnati gorilla’s death has created crosscurrents of outrage over the vigilance of both the zoo and the child’s mother. But it also has highlighted the unusual work of zoos’ emergency-response teams.

The federal Animal Welfare Act, which regulates zoos, doesn’t require such teams. But many animal parks establish them as part of gaining accreditation.
Staffers Play Animals

The Phoenix Zoo’s dangerous animals response team – or DART – takes annual marksmanship tests, trains at the firing range three additional times a year, and practices loading and unloading firearms, Wagner said. The group also simulates an escape or incursion several times a year, with plastic guns and the animal played by a staffer well versed in that species’ behavior.

The roughly 30-member team of zookeepers and operations staffers hasn’t had to respond to an actual emergency in at least 12 years, Wagner said. But members regularly serve as extra protection when a “code red” animal – the most dangerous species, such as big cats – is going to the veterinarian after being tranquilized.

Visitors enter the Gorilla World exhibit at the Cincinnati Zoo & Botanical Garden, Tuesday, June 7, 2016, in Cincinnati. The Cincinnati Zoo reopened its gorilla exhibit with a higher, reinforced barrier installed after a young boy got into the exhibit and was dragged by a 400-pound gorilla, which was then shot and killed. (AP Photo/John Minchillo)

While some DART teams encompass staffers ranging from maintenance workers to veterinarians to security staffers, the Brookfield Zoo near Chicago has its own police force trained to take down an animal.

When to shoot comes down to whether an animal is a danger to someone, whether it’s moving toward the zoo’s boundaries and whether it could be stopped by a tranquilizer, said Bill Zeigler, a senior vice president. Zoos also tell dangerous-animal teams to consider whether they can fire without hitting other people.

The Cincinnati Zoo has said tranquilizers wouldn’t have worked quickly enough to end the danger to the boy, who suffered scrapes but was rescued.
Rare Force

Zoos say the use of lethal force is rare, and there are only a few examples over the past couple of decades of animals being shot to death. One incident came a week before the Cincinnati case in Santiago, Chile, when zookeepers shot and killed two lions after they severely mauled a man who stripped naked and entered their enclosure in an apparent suicide attempt.

The zoo director said no fast-acting tranquilizers were available to stop the lions from mauling the man.

“While it is unfortunate that incidents such as this one unpredictably occur, human safety must come first,” the World Association of Zoos and Aquariums said, calling such events “incredibly rare.”

Tranquilizers, in addition to being slow-acting, aren’t a guaranteed alternative to deadly force. In March, Cincinnati’s team used tranquilizer darts on two polar bears that wandered from their den into a service hallway after two doors were left open. One bear required a second dart after the first one “detached,” according to a review by the U.S. Department of Agriculture, which enforces the Animal Welfare Act.
Local Police

Some animal parks, especially in cities, turn to local police.

But that’s not feasible for some zoos in rural areas police can’t quickly reach, such as the North Carolina Zoo, outside Asheboro. It relies instead on a roughly 15-person “weapons team,” said member Jennifer Ireland, a mammals curator. Qualifications include gun-loading skills and twice-annual target-shooting tests; a drill might entail pretending a lion on the loose has injured people.

Ireland manages the care of animals including polar bears and chimpanzees, which the zoo classifies as potentially deadly (gorillas are deemed only “dangerous” because they’re less likely to attack people). Being on the weapons team is an expectation of her job, but not an easy one.

“I have relationships with these animals, and to think that I might have to go out there and shoot them someday to save someone’s life really kind of stinks,” she said. “But we all accept that.”

The North Carolina Zoo’s team includes only senior animal-care staffers because of their knowledge of animal behavior, Ireland said.

But at the Columbus Zoo in Ohio, animal care workers could join an initial response but wouldn’t be asked to shoot an animal because of the emotions involved, said Doug Warmolts, a vice president.

His zoo’s special response team includes about two dozen security staffers and other employees. Their arsenal features not only firearms, but also paintball guns, noisemakers and even fire extinguishers to scare an animal away.

To People for the Ethical Treatment of Animals, the fact that zoos feel the need for sharpshooting teams “is yet more proof of how dangerous and unnatural a captive environment is for animals,” said Brittany Peet, a deputy director of the animal rights group’s foundation.

Zoos stress that killing an animal is a last resort.

Florida Supreme Court Strikes Down State Cap on Temporary Disability Benefits

By Amy O' Connor | June 9, 2016

The Florida Supreme Court has delivered another blow to Florida’s workers’ compensation system with a ruling today that the state’s statutory 104-week cap on temporary disability benefits is unconstitutional.

The Florida Supreme Court ruled 5-2 in favor of the of the plaintiffs in Bradley Westphal v. City of St. Petersburg (SC13-1930), saying cutting off disability benefits after 104 weeks to a worker who is totally disabled and incapable of working but who has not yet reached maximum medical improvement is unconstitutional.

The justices opted to revive a previous limitation of temporary disability benefits, upping the limit to five years (260 weeks).

The ruling comes only weeks after the state’s high court invalidated the workers’ comp attorneys fee schedule.

In the June 9 court ruling, Justice Barbara Pariente wrote that the statute is unconstitutional under article I, section 21 of the Florida Constitution, “as a denial of the right of access to courts, because it deprives an injured worker of disability benefits under these circumstances for an indefinite amount of time—thereby creating a system of redress that no longer functions as a reasonable alternative to tort litigation.”

The case involves a former City of St. Petersburg firefighter and paramedic Bradley Westphal, who suffered severe injuries to his legs in a 2009 workplace accident. The injury required several back surgeries, which left Westphal unable to return to work.

Under state law, Westphal was eligible for 104 weeks of temporary benefits, a time period that is designed to compensate workers while they heal and then return to work or reach their maximum medical improvement status and become eligible for permanent benefits.

In Westphal’s case, however, he exhausted his temporary benefits and yet was refused permanent benefits because his physicians could not determine the prospects for his long term recovery. As such, he was left without benefits despite the fact that his doctors advised him not to work and with no assurances about the future of his case.

A judge for the Florida First District Court of Appeals, which heard the case in 2013, declared the 104-week limitation unconstitutional and upped the temporary indemnity benefits from 104 weeks to 260 weeks, an increase of three years. However, the Florida First District Court of Appeals overturned the district court’s ruling, thus reinstating the 104-week benefits. That court said the constitutionality of the 104-week benefit limit was not at issue since it could be resolved under other provisions of the workers’ compensation law, and that the District Court had failed to take into effect the legislative intent of the law.

The case then went to the Florida Supreme Court, which heard arguments just over two years ago in June of 2014.

In the 46-page opinion, the justices noted that the First District Court of Appeal “valiantly attempted to save the statute from unconstitutionality by interpreting [the statute] so that the severely injured worker who can no longer receive temporary total disability benefits, but who is not yet eligible for permanent totally disability benefits, would not be cut off from compensation after 104 weeks.” However, the Florida Supreme Court said the judiciary does not have the power to rewrite a plainly written statute, even if it is to avoid an unconstitutional result, thereby quashing the appeals court decision.

“Applying the statute’s plain meaning, we conclude that the 104-week limitation on temporary total disability benefits results in a statutory gap in benefits, in violation of the constitutional right of access to court,” Pariente wrote.

The ruling further says that the temporary disability benefit statute of the state’s workers’ compensation law operates in an opposite manner of the legislative intent of the law to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.”

The justices stated the statute instead cuts off a severely injured worker from disability benefits at a “critical time, when the worker cannot return to work and is totally disabled but the worker’s doctors – chosen by the employer – deem that the worker may still continue to medically improve.”

However, the opinion further states that this decision on temporary total disability benefits does not render the entire workers’ compensation system invalid. The court instead opted to employ the remedy of “statutory revival” and directed that the limitation in the workers’ compensation law preceding amendments to the temporary total disability benefits in 1994 be returned to 260 weeks.

The court said allowing for five years of eligibility rather than two years was a limitation they previously held “passes constitutional muster.”
System in Turmoil?

The Westphal case is just one of several that have challenged the state’s workers’ comp law, reformed in 2003 in a cost-savings effort.

The ruling is likely to upset employers as it comes on the heels of another that is expected to raise their costs. In April, the court found the state’s workers’ comp attorneys fee schedule unconstitutional in the case of Castellanos v. Next Door Co.

In response to the Castellanos ruling, the National Council for Compensation Insurance (NCCI) filed a 17.1 percent increase last month for state workers’ comp rates. A hearing is planned for July with Florida’s Office of Insurance Regulation (OIR) to discuss the rate increase.

At the time of the original ruling of unconstitutionality for the Westphal case back in 2013, NCCI projected an increase in workers’ compensation costs of $65 million, which translates into a 2.8 percent rate hike.

Insurers are not pleased with this turn of events.

“PCI and our members are disappointed in today’s decision as it could significantly destabilize Florida’s business environment,” said Logan McFaddin regional manager for the Property Casualty Insurers Association of America (PCI). “The impact of both decisions will likely motivate legislative action either through a special session in 2016 or in the regular session in 2017.”

Kimberly J. Fernandes, a partner in the Tallahassee office of law firm Kelley Kronenberg, said rate increases are just the tip of the iceberg from this ruling.

“The cost of many claims that are more than two years old instantly increased today with this ruling. The indemnity portion of many claims that were long ago closed upon the expiration of 104 weeks of benefits will now have to be re-opened for consideration of re-instituting indemnity payments in light of today’s ruling,” Fernandes said.

Iberia Parish, Louisiana, Sheriff Louis Ackal and Two Other Officials Charged with Civil Rights Violations for beating of two men

FOR IMMEDIATE RELEASE
Thursday, June 9, 2016
Iberia Parish, Louisiana, Sheriff Louis Ackal and Two Other Officials Charged with Civil Rights Violations for beating of two men

Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Stephanie A. Finley of the Western District of Louisiana announced today that Iberia Parish, Louisiana, Sheriff Louis Ackal, Lieutenant Colonel Gerald Savoy and former Captain Mark Frederick were charged today in a superseding indictment with civil rights violations arising out of the beatings of two men.

The superseding indictment charges Ackal with one count of conspiracy against rights for conspiring in the spring of 2014 to assault a man who had been arrested on battery charges for allegedly assaulting one of Ackal’s relatives. The superseding indictment also charges Savoy and Frederick with one count of deprivation of rights under color of law for allegedly assaulting another man, a pre-trial detainee at the Iberia Parish Jail (IPJ) in September of 2011. Ackal and Savoy had previously been charged related to beatings of pre-trial detainees at the IPJ on April 29, 2011.

Nine former Iberia Parish Sheriff’s Office employees previously entered guilty pleas in related cases before U.S. District Judge Patricia Minaldi of the Western District of Louisiana. The nine officers are former IPJ Warden Wesley Hayes, former IPJ Assistant Warden Jesse Hayes, former Lieutenant Bret Broussard of the Narcotics Unit, former narcotics agent Wade Bergeron, former narcotics agent Jason Comeaux, former narcotics agent David Hines, former narcotics agent Byron Benjamin Lassalle and former K-9 handlers Robert Burns and Jeremy Hatley.

An indictment is merely an allegation, and the defendants are presumed innocent until proven guilty. If convicted, Ackal, Savoy and Frederick each face a maximum sentence of 10 years in prison for each of the civil rights violations, as well as a potential $250,000 fine for each count.

The case is being investigated by the FBI’s Lafayette Resident Agency. The case is being prosecuted by Senior Litigation Counsel Joseph G. Jarzabek of the Western District of Louisiana and Special Litigation Counsel Mark Blumberg and Trial Attorney Tona Boyd of the Civil Rights Division’s Criminal Section.

Ackal Superseding Indictment

Florida and Mississippi Men Sentenced for Bribing Public Officials at Georgia Military Base

FOR IMMEDIATE RELEASE
Thursday, June 9, 2016
Florida and Mississippi Men Sentenced for Bribing Public Officials at Georgia Military Base

A former agent and a former driver for a large national trucking company were sentenced prison for paying bribes to officials at the Marine Corps Logistics Base (MCLB) in Albany, Georgia, in order to obtain lucrative freight-hauling business, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney G.F. Peterman III of the Middle District of Georgia.

Ivan Dwight Brannan, 61, of Jupiter, Florida, and David R. Nelson, 55, of Lucedale, Mississippi, were sentenced to 48 months and 24 months in prison, respectively, by U.S. District Judge W. Louis Sands of the Middle District of Georgia, who also ordered each man to serve three years of supervised release. Brannan was additionally ordered to forfeit $120,000 and Nelson was ordered to pay a $10,000 fine.

In connection with their guilty pleas, Brannan, the former agent, and Nelson, the former driver, admitted that from 2006 to 2012, they provided cash and other items of value to Mitchell Potts, a former traffic office supervisor for the Defense Logistics Agency (DLA) at MCLB-Albany, and Jeffrey Philpot, another official in the DLA traffic office, to ensure that their trucking company client was awarded millions of dollars in business at MCLB-Albany. From 2006 to 2012, Brannan and Nelson paid at least $120,000 in bribes to Potts and Philpot.

Potts and Philpot both previously pleaded guilty to two counts of bribery of a public official for their roles in this scheme and another similar one. Potts and Philpot were previously sentenced to 10 years and seven years in prison, respectively. The U.S. Army Criminal Investigation Command, the Naval Criminal Investigative Service and the Defense Criminal Investigative Service investigated the case. Trial Attorney John Keller of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney K. Alan Dasher of the Middle District of Georgia prosecuted the case.

Robert Gilbeau, a U.S. Navy Admiral, Pleads Guilty to Lying to Federal Investigators about His Relationship with Foreign Defense Contractor in Massive Navy Bribery and Fraud Investigation

FOR IMMEDIATE RELEASE
Thursday, June 9, 2016 Robert Gilbeau, a U.S. Navy Admiral, Pleads Guilty to Lying to Federal Investigators about His Relationship with Foreign Defense Contractor in Massive Navy Bribery and Fraud Investigation

U.S. Navy Rear Admiral Robert Gilbeau pleaded guilty today in federal court to charges that he lied to federal investigators to conceal his illicit years-long relationship with Leonard Glenn Francis, owner of Glenn Defense Marine Asia (GDMA), the foreign defense contractor at the center of a massive bribery and fraud scandal.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Laura E. Duffy of the Southern District of California, Acting Director Dermot O’Reilly of the Department of Defense’s (DOD) Defense Criminal Investigative Service (DCIS), Director Andrew Traver of the Naval Criminal Investigative Service (NCIS) and Director Anita Bales of Defense Contract Audit Agency (DCAA) made the announcement.

Gilbeau, 55, of Burke, Virginia, pleaded guilty to one count of making a false statement. He was charged by information today and is the highest-ranking U.S. Navy officer to be charged in the investigation so far. Gilbeau is scheduled to be sentenced on Aug. 26, 2016, before U.S. District Judge Janis L. Sammartino of the Southern District of California.

In his plea agreement, Gilbeau admitted that he lied when he told agents from DCIS and NCIS that he had never received any gifts from Francis, the owner of Singapore-based GDMA. Gilbeau also admitted that he lied when he told investigators that he “always paid for half of the dinner” when he and Francis met about three times a year. Gilbeau further admitted that when he became aware that Francis and others had been arrested in connection with the fraud and bribery offenses in September 2013, he destroyed documents and deleted computer files. Francis previously pleaded guilty to plying scores of other U.S. Navy officials with gifts such as luxury travel, meals, cash, electronics, parties and prostitutes.

According to his plea, in 2003 and 2004, Gilbeau was the supply officer on the USS Nimitz, where he was responsible for procuring all goods and services necessary for operation of the ship. He later served as head of the Tsunami Relief Crisis Action Team in Singapore, heading the Navy’s logistics response to the Southeast Asia tsunami in December 2004, and in June 2005, Gilbeau was assigned to the office of the Chief of Naval Operations as the head of aviation material support, establishing policies and requirements for budgeting and acquisitions for the Navy’s air forces, according to the plea agreement.

In August 2010, after he was promoted to admiral, Gilbeau assumed command of the Defense Contract Management Agency International, where he was responsible for the global administration of DOD’s most critical contracts performed outside the United States, according to admissions made in connection with his plea.

“As a flag level officer in the U.S. Navy, Admiral Gilbeau understood his duty to be honest with the federal agents investigating this sprawling bribery scheme,” said Assistant Attorney General Caldwell. “By destroying documents and lying about the gifts that he received, Admiral Gilbeau broke the law and dishonored his uniform.”

“Of those who wear our nation’s uniform in the service of our country, only a select few have been honored to hold the rank of Admiral – and not a single one is above the law,” said U.S. Attorney Laura Duffy. “Admiral Gilbeau lied to federal agents investigating corruption and fraud, and then tried to cover up his deception by destroying documents and files. Whether the evidence leads us to a civilian, to an enlisted service member or to an admiral, as this investigation expands we will continue to hold responsible all those who lied or who corruptly betrayed their public duties for personal gain.”

“The guilty plea of Rear Admiral Robert Gilbeau is an unfortunate example of a dishonorable naval flag officer who has betrayed his shipmates, the U.S. Navy and his country,” said Acting Director O’Reilly. “Admiral Gilbeau's guilty plea should be a resounding message that DCIS, Naval Criminal Investigative Service and the Department of Justice will continue to investigate and seek to prosecute any individual, regardless of position or rank, who would put our mission of ‘Protecting America’s Warfighters’ at risk.”

“This investigation demonstrates that corruption, conspiracy and the release of sensitive information puts Department of the Navy personnel and resources at risk,” said Director Traver. “And in concert with our partner agencies, NCIS remains resolved to follow the evidence, to help hold accountable those who make personal reward a higher priority than professional responsibility.”

“DCAA is proud to stand in partnership with our law enforcement allies and make a meaningful contribution to the outcome in this egregious case,” said Director Bales. “It is very disappointing that this high-ranking individual lost sight of his responsibility as a government official. We look forward to continuing our support of this significant investigation.”

Including Gilbeau, 14 individuals have been charged in connection with this scheme; of those, nine have pleaded guilty, including U.S. Navy Captain (Select) Michael Misiewicz, U.S. Navy Capt. Daniel Dusek, Lieutenant Commander Todd Malaki, NCIS Special Agent John Beliveau, Commander Jose Luis Sanchez and U.S. Navy Petty Officer First Class Dan Layug. Former Department of Defense Senior Executive Paul Simpkins awaits trial. On Jan. 21, 2016, Layug was sentenced to 27 months in prison and a $15,000 fine; on Jan. 29, 2016, Malaki was sentenced to 40 months in prison and to pay $15,000 in restitution to the Navy and a $15,000 fine; on March 18, 2016, Alex Wisidagama, a former GDMA employee, was sentenced to 63 months and to pay $34.8 million in restitution to the Navy; on March 25, 2016, Dusek was sentenced to 46 months in prison and to pay $30,000 in restitution to the Navy and a $70,000 fine; and on April 29, 2016, Misiewicz was sentenced to 78 months in prison and to pay a fine of $100,000 and to forfeit $95,000 in proceeds for the scheme. Retired Navy Captain Michael Brooks, Commander Bobby Pitts and Lieutenant Commander Gentry Debord were charged by a federal grand jury on May 25, 2016, and their cases remain pending. GDMA, the corporate entity, was also charged and has pleaded guilty. Francis and Ed Aruffo, a former GDMA employee, have both pleaded guilty and await sentencing.

NCIS, DCIS and DCAA are conducting the investigation. Assistant Chief Brian R. Young of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Mark W. Pletcher and Patrick Hovakimian of the Southern District of California are prosecuting the case.

Those with information relating to fraud, corruption or waste in government contracting should contact the NCIS anonymous tip line at www.ncis.navy.mil or the DOD Hotline at www.dodig.mil/hotline, or call (800) 424-9098.

Robert Gilbeau, a U.S. Navy rear admiral, pleaded guilty on Thursday to a charge of lying to federal investigators, making him the highest-ranking officer to be convicted in the expanding "Fat Leonard" bribery case.

U.S. Navy Admiral Pleads Guilty in Bribery Case

RAdm. Robert Gilbeau (2012 file image, DoD)

By MarEx
By Reuters 2016-06-10 19:03:43
Robert Gilbeau, a U.S. Navy rear admiral, pleaded guilty on Thursday to a charge of lying to federal investigators, making him the highest-ranking officer to be convicted in the expanding "Fat Leonard" bribery case.

Robert Gilbeau, 55, a special assistant to the chief of the Navy Supply Corps, appeared in U.S. District Court in San Diego late Thursday afternoon, accompanied by his lawyer and a fluffy white dog he said helped him monitor his health.

Prosecutors said Gilbeau lied when he told investigators that he had not accepted gifts from Leonard Glenn Francis, whose contracts to clean, stock and maintain U.S. Pacific Fleet ships are at the center of the $30 million bribery case.

“He lied to federal investigators to conceal his illicit years-long relationship with Leonard Glenn Francis," Assistant U.S. Attorney Mark Pletcher told reporters after the hearing.

Neither Gilbeau nor his attorney agreed to comment on the case.

Guilbeau's guilty plea brings to 14 the number of people charged in the Singapore-based case, including Francis, the former chief executive of Glenn Defense Marine Asia. The Malaysian businessman also known as "Fat Leonard" pleaded guilty last year to bribery charges. Nine of the 13 previously charged have pleaded guilty.

Last month, a federal judge in San Diego sentenced U.S. Navy Captain Daniel Dusek, 49, to 46 months in prison in the case.

Dusek pleaded guilty last year to a charge of conspiracy to commit bribery after admitting he accepted services from prostitutes, luxury hotel stays, alcohol and other gifts in exchange for giving classified information to the company.

Three current and former U.S. Navy officers were charged with participating in the scheme on May 27, the U.S. Justice Department said.

In a plea agreement with prosecutors, Gilbeau agreed to pay $50,000 in restitution to the Navy as well as a $100,000 fine, said Kelly Thornton, spokeswoman for the U.S. Attorney's office in San Diego.

He also faces up to five years in prison, although prosecutors have agreed to seek a sentence of 12 to 18 months, she said.

He was released Thursday on $75,000 bail and his sentencing date was set for Aug. 26.

Long Island bus driver saves disabled passenger after bus bursts into flames

Kristin Thorne has the latest details from Long Island. (Kevin Imm)

By Kristin Thorne
Friday, June 10, 2016 06:27PM
PLAINVIEW, Long Island (WABC) -- A bus transporting a disabled passenger went up in flames on Long Island Thursday, and the driver is being hailed a hero after rescuing his passenger.

The Nassau Inter County Express (NICE) bus caught fire in Plainview while transporting a passenger in a wheelchair and her aide.

Jean Jeune had been driving the paratransit bus on Monetto Hill Road when he smelled smoke, and flames shot out from the engine as he pulled the bus over.

Jeune said the flames quickly spread, and the wheelchair lift died.

Passenger Cindy March, 54, who uses a wheelchair, said she's alive because Jeune carried her to safety at a nearby elementary school as the bus burst into flames.

"He wheeled me to the front," she said. "He got me out of the wheelchair and he carried me down the stairs of the bus."

March has spinal weakness and narrowing of the spinal canal. She said she screamed, fearing she was about to die.

"I don't think I realized the magnitude of what he did until the principal said, you know, 'he saved your life,'" March said. "I remember him rushing to unhook me, get me out of the wheelchair because I was strapped in...and he bear-hugged me and got me down the stairs."

One eyewitness, Jodi Birns, was driving by and saw the whole thing unfold.

"It was crazy because these flames were just shooting out of the bus," she said. "And then there was somebody, a man, this great hero was carrying this woman trying to get her out."

The aide also was evacuated. The bus and the wheelchair were engulfed by the flames within 20 minutes, destroying March's power wheelchair. She is now trying to figure out how to replace it.

Nassau County Executive Ed Mangano is expected to honor Jeune Monday for his heroic efforts.

"He's my angel," March said. "I was lucky to have him."

The cause of the fire is under investigation, but fire officials said they'll likely never know why it started.

A drunk woman driving a Mercedes-Benz SUV left the road and critically injured a pedestrian in Costa Mesa, CA

Driver investigated for possible DUI after striking man in Costa Mesa

Emergency crews come to the aid of a man struck by a female driver in Costa Mesa on Friday, June 10, 2016.

By ABC7.com staff
Updated 2 hrs 7 mins ago
COSTA MESA, Calif. (KABC) -- A woman driving a Mercedes-Benz SUV left the road and struck a pedestrian in Costa Mesa on Friday, leaving him critically injured.

Costa Mesa police said the car was driving southbound on Newport Boulevard at about 2:30 p.m. when it drove up on the sidewalk near Fort Road.

The driver then hit a light pole, an electrical box and a tree, along with the 64-year-old man.

Authorities said the pedestrian was rushed to the hospital with major injuries.

The driver of the SUV was described as a woman in her 40s, and the identity of the victim was not immediately released.

Police said the driver was under investigation for possible DUI after showing signs of impairment.

Judge throws out 7-year-long murder conviction for Corona woman due to inconsistencies

There were many hugs and tears for a Corona woman set free in court Friday morning, after she served close to seven years in state prison for the death of her boyfriend.

By Rob McMillan
Updated 31 mins ago
RIVERSIDE, Calif. (KABC) -- There were many hugs and tears for a Corona woman set free in court Friday morning, after she served close to seven years in state prison for the death of her boyfriend.

A Riverside judge threw out the murder conviction for Kimberly Long and ordered a new trial.

Kimberly Long's mother, Darlene Long, reacted with gratitude after the hearing.

"She is getting freedom, and that's what we've been waiting for for 13 years," she said.

The case goes back to October 2003, when Kimberly Long had a fight with her boyfriend in Corona.

She said she left the home and came back hours later to find him beaten to death. She was later convicted of murder.

Judge Patrick Magers reviewed the case and said that not only were there inconsistencies with the time of death - which means her boyfriend may have been killed while she was gone - but even though prosecutors said she changed her blood-stained clothes after the murder, the judge said evidence showed she never changed her clothes, and there was no blood found on them.

"Now everybody knows that our daughter has always been innocent of this hideous crime," her mother said.

The Riverside County District Attorney's Office said it was reviewing the judge's decision for potential appeal, and at this point, they were ready to move forward with a new trial.

"We are sincerely hopeful that the district attorney will agree to put this case to bed and to move on," said Darlene Long. "Because that's justice."

Two people were killed after a small plane crashed into a two-story townhouse in Hawthorne, CA

2 dead as small plane crashes into Hawthorne townhouse, officials say

Emergency crews respond to a fatal plane crash in Hawthorne on Friday, June 10, 2016.

By ABC7.com staff
Updated 34 mins ago
HAWTHORNE, Calif. (KABC) -- Two people were killed after a small plane crashed into a two-story townhouse in Hawthorne on Friday, according to officials.

The Los Angeles County Fire Department said a single-engine plane crashed into a townhouse in the 4600 block of Broadway.

Fire officials said two people, who were in the plane, were found dead at the scene.

A fire sparked, but has since been knocked down, the fire department stated.

Two units in the townhouse were impacted and all the occupants who lived there were accounted for, according to fire officials.

The Federal Aviation Administration said the plane was a Grumman American AA-1B. The FAA and the National Transportation Safety Board will investigate the crash.

DEVELOPING: We will add more details to this report as they become available.

Bitumen tanker INFINITY 1 under tow to safety after reported water ingress

June 9, 2016 at 09:04 by Mikhail Voytenko in Accidents

Bitumen tanker INFINITY 1 reported water ingress and developing list starboard at about 1930 LT June 8, in position some 20 nm off Goa, India. Indian Naval Ship Trikand from Western Naval Command sent a team of 6 with a pump, tug from Goa and other Navy ships were later engaged, tanker was anchored with salvage going on. On June 9 tanker understood to proceed under tow to nearest port of Karwar, Goa area. On a photo from IndiaToady IN troubled INFINITY 1 .

Car carrier GRANDE ITALIA suffered engine failure while transiting Darda

Car carrier GRANDE ITALIA troubled

June 10, 2016 at 09:45 by Mikhail Voytenko in Accidents

Car carrier GRANDE ITALIA suffered engine failure while transiting Dardanelles in northern direction at around 2300 LT June 9, above Canakkale. 5 tugs were sent to assist, vessel was taken to anchorage in Yapildak area, Dardanelles, and anchored at around 0200 LT June10. Vessel is en route from Ashdod Israel to Izmit Turkey.

2 small fires break out at Aliso Canyon facility in Porter Ranch, CA

Firefighters extinguish a fire that broke out in a storage container at the Aliso Canyon gas storage facility in Porter Ranch on Thursday, June 9, 2016. (KABC)

Updated 19 mins ago
PORTER RANCH, LOS ANGELES (KABC) -- Firefighters put out two small fires at the Aliso Canyon gas storage facility in Porter Ranch Thursday.

The first fire broke out around 1:30 a.m. in the 12800 block of Tampa Avenue and the second around 7:30 p.m. Both fires were quickly put out. The cause of the fires was under investigation, but arson was not suspected.

One of the fires was found in a drum near a construction trailer. The second fire erupted in a shipping container.

The Aliso Canyon facility came under fire after a months-long gas leak that displaced hundreds of residents. Many said the fumes caused them to fall ill and suffer from headaches and nosebleeds.

City News Service contributed to this report.

BICYCLIST DEATHS/INJURIES ON THE RISE: Bicyclist fatally struck by SUV in crosswalk in Mount Prospect, IL

Friday, June 10, 2016 07:52AM

MOUNT PROSPECT, Ill. (WLS) -- A woman was struck and killed while riding her bike in northwest suburban Mount Prospect.

Joni Beaudry, 55, of Mount Prospect, was struck by a black, Lexus SUV on Weller Lane as she tried to cross Central Road just after 9:40 a.m. Thursday, police said.

Investigators said Beaudry was heading north on Weller, activated the crossing signal at Central and started to cross the street once the eastbound cars had stopped.

The SUV, which was heading east on Central in the middle lane, did not stop at the intersection and hit Beaudry, police said. She was rushed to Advocate Lutheran General Hospital in Park Ridge, where she later died.

Police said the 56-year-old woman from northwest suburban Elk Grove Village who was driving the SUV stayed on the scene after the collision. She was cited for failure to yield to a pedestrian in a crosswalk and failure to reduce speed to avoid an accident.

A Lake County sheriff's officer was injured when a vehicle struck his squad car in northwest Indiana

Officer responding to drunk driving call injured in Hammond crash

Updated 1 hr 33 mins ago
HAMMOND, Ind. (WLS) -- A Lake County sheriff's officer was injured when a vehicle struck his squad car in northwest Indiana Friday morning.

A spokesperson for the Lake County Sheriff's Department said the officer was responding to a drunk driving call when the other vehicle struck his car near Columbia Avenue and Gostlin Street in Hammond, Indiana.

The officer was taken to the hospital, where his condition stabilized.

Officials said no other injuries were reported.

The crash is under investigation

The Houston Police Department released a list of the 10 most reported stolen vehicles in April 2016

HPD: Top 10 vehicles stolen in April 2016

The new 2015 Chevrolet Colorado pickup truck (AP Photo/Jae C. Hong)

Updated 56 mins ago

HOUSTON (KTRK) --

The Houston Police Department released a list of the 10 most reported stolen vehicles in April 2016. Did your vehicle make the list?

Chevrolet Trucks 192

Ford Trucks 172

Chevrolet Cars, Dodge Trucks 53

Honda Cars 52

GMC Trucks 46

Nissan Cars, Toyota Cars 40

Dodge Cars 22

Toyota Trucks 20

Chrysler Cars, Jeep Trucks, Nissan Trucks 17

Northstar Casteel Products agrees to second EPA settlement in four years over federal Toxics Release Inventory (TRI) violations

06/09/2016
Contact Information:
Mark MacIntyre (macintyre.mark@epa.gov)
206-553-7302

(Seattle, WA – June 8, 2016) The U.S. Environmental Protection Agency has settled with North Star Casteel Products, Inc. (North Star), a foundry located in Seattle, Washington for violations of the Toxics Release Inventory (TRI) chemical reporting requirements of the Emergency Planning and Community-Right-To-Know Act. As part of today’s agreement, North Star will pay a $133,900 penalty.

North Star is a foundry that manufactures metal castings to meet customer alloy and shape specifications. According to the Company, Northstar sells products to “manufacturers and end users seeking strong, ductile, heat resistant, and wear-resistant ferrous castings.” The facility is located next to the I-5 freeway, just south of downtown, in Seattle’s Georgetown neighborhood.

North Star is required to submit TRI reports to EPA every year by July 1. The TRI reports document the quantity of toxic chemicals released during the previous calendar year. The Toxics Release Inventory is an important tool for community members and others to use to get data about pollutants in their communities. By failing to report pollution releases to the Inventory, North Star deprived community members of timely and accurate data about the environmental health of their community.

According to Ed Kowalski, director of EPA’s Office of Compliance and Enforcement in Seattle, the facility’s compliance track record is less-than-stellar. Following a facility inspection in April, 2011, EPA and North Star agreed to settle in July 2012, for North Star’s failure to report chemical releases for the previous five years for which the facility paid an $87,000 penalty. Despite the settlement and EPA’s repeated emails and phone calls, the facility again failed to report for toxic chemicals released in 2012.

EPA then issued a Notice-of-Violation (NOV) to the company in 2014 - ahead of the July 1 reporting deadline - but the facility failed to report for releases in 2012 and 2013. EPA inspected the facility on March 10, 2015, in advance of the July 1, 2015 deadline, but the facility failed to report releases that occurred in 2014 as well. Only after EPA informed North Star of its intention to file an Administrative Complaint did the company file the delinquent reports.

“This facility resisted all of EPA’s efforts to bring them back into compliance. A large penalty was the only way to get their attention,” said EPA’s Kowalski “This case also is the object of increased EPA scrutiny because it borders some economically-challenged communities with existing environmental concerns.”

EPA enforcement personnel used the Agency’s new EJ SCREEN tool to evaluate the environmental burdens borne by the surrounding south Seattle communities and to understand the potential impacts of this facility on the community. This tool complements the Toxics Release Inventory.

The Emergency Planning and Community Right to Know Act created the Toxics Release Inventory (TRI). It requires facilities that manufacture, process, or use toxic chemicals over certain threshold quantities to file annual reports estimating the amounts released to the environment, treated or recycled on-site, or transferred off-site for waste management. Failure to report emergency chemical releases and to submit complete and accurate TRI forms are violations of the law.

For more information:
EPA's TRI Program
EPA’s EJ SCREEN Tool

NYPD officer to be sentenced in Bedford-Stuyvesant head-stomping incident

Eyewitness News
Updated 59 mins ago
BEDFORD-STUYVESANT, Brooklyn (WABC) -- An NYPD officer will be sentenced Friday for stomping a suspect in the head two years ago.

Brooklyn District Attorney Kenneth Thompson has asked a judge to sentence officer Joel Edouard to two months in jail and two years probation in the incident. He could also receive no jail time.

Edouard was convicted of misdemeanor assault in the July 2014 stomping of Jahmi-El Cuffee on Malcolm X Boulevard in Bedford-Stuyvesant, an attack caught on camera.

Edouard could face up to a year in jail. He will be sentenced by Brooklyn Supreme Court Justice Alan Marrus.

"When a police officer engages in such an open and deplorable act of police brutality, his conduct has a direct and lasting impact upon the public perception of police officers in general," said Thompson.

In March, Thompson recommended NYPD Officer Peter Liang serve 500 hours of community service, five years probation and six months of house arrest for the reckless manslaughter death of Akai Gurley. A judge sentenced him to five years' probation and downgraded the jury's verdict to criminally negligent homicide.

In this case, Thompson asked the judge for jail time.

3 more Correction officers guilty in Rikers inmate beating, cover up

N.J. Burkett has details on the guilty verdict against 5 New York City correction officers.

Updated 15 mins ago
RIKERS ISLAND, New York (WABC) -- Three more New York City Department of Correction officers who had opted for a bench trial were found guilty Friday in connection with a 2012 gang assault of an inmate and subsequent cover-up at Rikers Island.

Captain Gerald Vaughn was convicted of the beating and cover up of inmate Jahmal Lightfoot, while officers Harmon Frierson and Dwayne Maynard were convicted of official misconduct.

Verdicts were returned by a jury against six other correction officers on Tuesday, on the jury's fourth day of deliberations. Five were convicted of all charges, including the most serious count of first-degree attempted gang assault. A sixth officer, Jeffrey Richard, who was not directly involved in the beating, was acquitted of all charges related to the cover-up.

Those officers -- former Chief Eliseo Perez and officers Alfred Rivera, Tobias Parker, Jose Parra and David Rodriguez -- were convicted of attempted gang assault, attempted assault, assault, falsifying business records, offering false instrument for filing and official misconduct. The top count carries a maximum of 15 years in prison.

According to DOC policy, they have all been fired because they were found guilty.

The incident began when the inmate, Jahmal Lightfoot, then 28, dropped a piece of metal, likely a handmade weapon. When the guards went to pick it up, a scuffle ensued involving the officers and Lightfoot.

Afterwards, he was taken to a holding pen and severely beaten.

Two Correction officials ordered staff members to assault the inmate, and officials then faked their reports, claiming the inmate had attacked first.

Lightfoot suffered fractures to both of his eye sockets, a broken nose and other facial injuries that caused his eyes to swell shut.

"We have zero tolerance for any illegal behavior on the part of staff, and the officers found guilty of felonies will be terminated," DOC Commissioner Joseph Ponte said in a statement. "The vast majority of our officers carry out their duties with care and integrity, and we are taking many steps to ensure that all staff adhere to the highest professionalism. We are confident that our reforms are yielding a quality staff in which all New Yorkers can take pride."

5 injured, hundreds evacuated after chemical spill at Gehl Foods in Germantown

Jonah Kaplan

6:26 PM, Jun 7, 2016

5 injured, hundreds evacuated after chemical spill

GERMANTOWN -- Five people have been hospitalized after a chemical spill at Gehl Gurney Farms in Germantown, fire officials say.

Hundreds of employees were evacuated from the plant, which makes cheese and cheese sauces. Officials say there's no danger to residents, but the spill prompted a massive response from at least six different fire departments.

According to the Germantown Fire Department, a contractor accidentally poured acid into a tank of sodium chloride. That combination of chemicals caused the tank to burst, releasing fumes similar to mustard gas.

Fire crews flushed everything out of the building and are working to return to normal operations. Once the contaminated area was flushed and the pH had returned to neutral, air monitoring was completed and the plant was handed back over to Gehl's.

A total of 45 firefighters responded to the spill, according to the fire department.

Chemical spill in Riverside County injures 16, including firefighter

A member of the hazardous materials response team assists in cleaning up a chemical spill at Starkist Foods in Mira Loma that injured 16 people. (Gina Ferazzi / Los Angeles Times)

Angel Jennings

Sixteen people, including a firefighter, were injured Thursday in a chemical spill at an Eastvale food distribution center, authorities said.

Cal Fire/Riverside County firefighters received a call at 2:48 p.m. of hazardous material waste at Starkist Foods in the 12000 block of Philadelphia Avenue. When firefighters arrived, they discovered about 40 gallons of an unknown chemical overturned inside the warehouse.

All 16 people suffered inhalation injuries and were taken to hospitals.

The Riverside County Sheriff's Department has closed Philadelphia Avenue between South Milliken Avenue and Vintage Avenue.

Authorities are investigating the cause of the spill.

Possible rulemaking to limit diesel exhaust at all mines

Diesel Exhaust Redux: MSHA Requests Information on Diesel in Mines

OSHA Finalizes Crystalline Silica Rule, Effective June 2016

Thursday, June 9, 2016

After years in the making and thousands of comments to the proposed rule from 2013, Occupational Safety and Health Administration (OSHA) has finalized the Crystalline Silica Rule for General Industry and Maritime. The final rule was published in the Federal Register on March 25, 2016 with an effective date of June 23, 2016. The final rule establishes new exposure limits and action levels, as well as specifies requirements for employee exposure assessments, exposure controls, medical surveillance, respiratory protection, hazard communication, and recordkeeping.

Who is affected?

Any industry that utilizes sand as part of the manufacturing process could have employees that are exposed to respirable crystalline silica (quartz, cristobalite, and/or tridymite). Specific to the automotive industry would be foundries that process sand as part of the metal casting operation and blasting operations that utilize sand as the blast media.

What are the new exposure limits and action levels?

The final rule establishes a permissible exposure limit (PEL) of 50 ug/m3 as respirable crystalline silica, averaged over an 8-hour day. Previously, silica was regulated as quartz through a respirable particulate relationship that established a varying PEL based on the silica content of measured respirable particulate matter. In addition to the new PEL, an action level of 25 ug/m3 has been established which is used as a trigger for higher frequencies of exposure monitoring and medical surveillance.

What is required by the new standard?

The new rule has several requirements that facilities will need to implement. Highlights of the new rule include requirements to:

Conduct initial exposure assessments for employees to determine if exposures for different job functions exceed the PEL or action level. Periodic sampling is required for employees that have exposures above the PEL (every 3 months) or the action level (every 6 months).
Limit employee access to regulated areas where exposures are above the PEL.
Develop and implement engineering and work practice controls to reduce employee exposure to or below the PEL (unless an employer can demonstrate that such controls are not feasible).
Provide respiratory protection to employees when dust controls cannot limit exposures below the PEL.
Develop and implement a written exposure control plan for workplace tasks that involve exposure to crystalline silica.
Housekeeping provisions to be established through wet sweeping, HEPA vacuuming, or other methods that minimize airborne crystalline silica.
Offer triennial medical surveillance exams to employees exposed to levels over the action levels for 30 days or more per year.
Comply with additional training and recordkeeping requirements.

When are the compliance dates?

Although the final rule is effective on June 23, 2016, the requirements don’t become effective for General Industry until June 23, 2018, allowing two years for facilities to conduct exposure assessments and implement administrative and engineering controls. Additionally, medical surveillance is required to be in place for employees above the PEL (for 30 days or more) by June 23, 2018; medical surveillance isn’t required to be in place until June 23, 2020 for employees above the action level (for 30 days or more).

Additional information regarding the new Crystalline Silica Rule can be found at the OSHA website. The Federal Register Publication of the final rule is available here.

Worker killed by hay compressor at the Menezes Brothers, Inc. at the alfalfa and straw processing plant in NV

Man dies after workplace accident near Lockwood
By Matthew Seeman Wednesday, June 8th 2016

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Officials with the Occupational Safety and Health Administration (OSHA) say they are investigating the death of a worker at Menezes Brother, Inc./ MGN Online

RENO, Nev. (News 4 & Fox 11) — A 44-year-old man has died after a workplace accident near Lockwood, an official with Nevada's state Occupational Safety and Health Administration has confirmed.

According to Storey County Sheriff's Office, Alfonso Martinez-Ojeda, was killed at 10:50 a.m. on Tuesday, June 7.

Chris Davis, district manager with OSHA, told News 4-Fox 11 that an accident was reported at Menezes Brothers, Inc.

Martinez-Ojeda had been employed at the alfalfa and straw processing plant for around four months, and was working on a hay compressor. For unknown reasons, Martinez_Ojeda crawled under part of the machinery and accidentally tripped a sensor. The hay compressor then began operating, resulting in deadly injury to the victim.

Storey County Fire Department provided emergency treatment, and transported the victim to Renown.

Martinez- Ojeda died after arriving at the hospital.

The Storey County Sheriff's Office investigation has determined that the death was the result of an industrial accident. No foul-play is suspected.No other details would be released due to OSHA's ongoing investigation, Davis said.

Investigators are looking for clues as to why a small plane crashed near Hobby Airport, killing three family members

Investigators comb for clues in deadly plane crash

NTSB investigators are probing a deadly crash in southeast Houston (KTRK)

By Courtney Fischer
Updated 28 mins ago

HOUSTON (KTRK) -- Investigators are looking for clues as to why a small plane crashed near Hobby Airport, killing three family members.

The crash happened Thursday at 1:12pm at the Gateway Ace Hardware store in the 6800 block of Telephone Road in southeast Houston.

The plane slammed into a parked car, killing all three people aboard. There was no one inside the car at the time of the crash.

Dana, Tony and Jerry Gray were flying from Norman, Oklahoma to visit Jerry's father, a patient at MD Anderson Cancer Center.

Three people have died in a single-engine plane crash

Dana Gray was the pilot of the Cirrus SR-20, and attempted to land twice before the plane nose-dived into the ground.

Investigators say there was an attempt to deploy a parachute, but it did not launch in time to make a difference.

LISTEN: Audio from air traffic control tower leading up to crash

The National Transportation Safety Board is expected to give an update later today about their investigation into the crash.

We're following this story on Eyewitness News. Watch for updates on air, online and on our mobile news app.

I-45 northbound before the 610 North Loop has re-opened after a fatal wreck

I-45 NB before 610 N. Loop re-opens after wreck

(Houston TranStar)

Monday, June 06, 2016 12:24PM
HOUSTON (KTRK) -- I-45 northbound before the 610 North Loop has re-opened after a fatal wreck had it shut down for more than two hours this morning.

The accident happened at around 7:50. One person, only identified as a 54-year-old male victim, was transported to Memorial Hermann Northwest Hospital, where he was pronounced dead.

According to police, that victim was driving northbound when he may have suffered a medical emergency and struck a gray van. That driver then struck a center retaining wall and began traveling backwards before striking another vehicle.

In all, four vehicles were involved. No one else was injured.

Inferior repairs to a bridge guard rail may have contributed to the death of two Houston Independent School District students when their bus crashed last September

Inferior repairs may have contributed to HISD students' deaths in bus crash

An NTSB report following a deadly bus crash says a road repair was inferior on the bridge where the crash happened

Updated 19 mins ago

HOUSTON (KTRK) -- Inferior repairs to a bridge guard rail may have contributed to the death of two Houston Independent School District students when their bus crashed last September.

A report from the National Transportation Safety Board says the Texas Department of Transportation reused bolts after a previous accident in the same spot where the bus crashed on 610 and Telephone Road.

READ THE NTSB REPORT
The bus went flying over the guard railing and landed on Telephone Road. It was a horrific crash. According to the NTSB, it was not he first accident at this site and those previous repairs were called inferior.