San Diego Coast Guard crews rescue three sailors 150 miles west of Los Angeles

Jun 14th, 2016 

SAN DIEGO — The Coast Guard rescued three sailors 150 miles west of Los Angeles, after their sailboat began taking on water, Monday.

At 6:51 p.m., Monday, watchstanders at Coast Guard Sector Los Angeles-Long Beach received a call from the broker of the 45-foot sailing vessel Locomotion, reporting that the rudder had broken, the vessel was taking on water and the three-person crew was unable to keep up with with the flooding. The crew deployed their life raft and activated their EPIRB as a precaution.

A Coast Guard Sector San Diego MH-60 Jayhawk helicopter crew and the Coast Guard Cutter Narwhal were immediately launched to assist. Due to the distance from shore, a Coast Guard Air Station Sacramento HC-130 Hercules aircraft was also launched to provide additional radio communications and oversight of the rescue.

The Jayhawk crew arrived on scene at approximately 10:30 p.m., and safely hoisted all three sailors; a 41 year-old man, 56 year-old man and 61 year-old female.

They were transported to San Diego and arrived at 11 p.m., with no medical concerns.

The sailing vessel had recently been purchased and was en route from Hawaii to Newport Beach, California.

The Coast Guard urges mariners to always: 

Stay Informed – The public should be aware of weather conditions and monitor the progress and strength of the storm through local television, radio and internet. Check the current and expected weather and water conditions before heading out, and be aware that weather conditions can quickly change.
Wear life jackets while on the water.
File a float plan with friends, family members and local marinas before heading out. The list should include the number of passengers aboard the vessel, destination and expected time of return.
Always have a working marine-band radio on board.
Carry marine flares on board the vessel.
Ensure bilge pumps are operational and vessels are secure for heavy winds and rain.

For more information on boating safety, visit www.uscgboating.org.

The Niger Delta Avengers (NDA) militant group has threatened to sink oil tankers

Militants Threaten Oil Tankers

Published in Oil Industry News on Tuesday, 14 June 2016


The Niger Delta Avengers (NDA) militant group has threatened to sink oil tankers and “review” its stance of not taking lives in its latest warning to oil and gas companies operating in the Niger Delta.


The Niger Delta Avengers (NDA) militant group has threatened to sink oil tankers and “review” its stance of not taking lives in its latest warning to oil and gas companies operating in the Niger Delta.

In a press statement released on the group’s official website, the NDA also restated its intention to attack the interests of oil corporations if they repaired any facilities damaged by the group.

“They should not undertake any repair of pipeline, oil and gas facilities that is damaged or attacked by our forces,” said General Mudoch Agbinibo in an NDA statement. The group also said it intends to review its policy of sparing human lives if the government does not accept its conditions.

“If they refuse to heed our advice it will result in the sinking of their mother vessels as an examples to others,” the Group said.

“The NDA High Command is restating our commitment to attack the interest of oil corporations and international refinery operators that bring in vessels to the Niger Delta territory to buy our oil”, the statement continued.”

The NDA has carried out several attacks on oil and gas firms in the region since the start of the year, blowing up Chevron’s Escravos terminal and the company’s RMP 24 and RMP 23 wells in the process.

The Escravos attack followed NDA’s warning to Chevron that no repair works should be carried out to facilities previously targeted by the group, until NDA’s demands are fully met. NDA claimed on its official website May 11 that it suspected Chevron was preparing to carry out repair works at the Okan Valve platform, which was blown up by the group at the start of the month.

Other recent NDA attacks in the region include:

•May 13 – An explosion occurred at a Chevron oil well at the Marakaba pipeline in Warri.

•May 17 - A gas pipeline in Ogbembiri, Bayelsa state, belonging to Italy’s Eni, was blown up. The attack impacted approximately 1,000 barrels of oil equivalent per day, according to an Eni spokesperson.

•May 22 – A crude oil pipeline in Bayelsa, operated by Eni subsidiary Nigerian Agip Oil Company, was damaged with dynamite.

As part of its demands, NDA wants to “free the people of the Niger Delta from environmental pollution, slavery and oppression,” according to a statement on the group’s website.

Last week the NDA rejected an offer from the government to hold talks.

EPA orders Trex Properties to address indoor air contamination in Grand Rapids

EPA orders Trex Properties to address indoor air contamination in Grand Rapids
06/14/2016
Contact Information:
Rachel Bassler (bassler.rachel@epa.gov)
312-886-7159

For Immediate Release: No. 16-OPA020

(CHICAGO) – U.S. Environmental Protection Agency today ordered Trex Properties LLC to clean up indoor air contamination at a former solvent reclamation facility in Grand Rapids, Mich. The company has agreed to the cleanup and will begin work this week. EPA became involved at the site on June 9, 2016, after the Michigan Department of Health and Human Services requested assistance to assess a potential trichloroethylene (TCE) vapor intrusion issue.

Earlier today, the Kent County Health Department evacuated the commercial building 312 Ellsworth Ave SW due to unsafe levels of TCE found in the indoor air. The property will remain unoccupied until clearance is provided.

Initial samples at the facility were taken by the Michigan Department of Environmental Quality and showed TCE levels up to 200 times above the state health screening level. EPA has collected indoor air samples at four nearby commercial properties. All results showed indoor air levels below the state health screening level. Additional work by Trex Properties will include assessments of the surrounding area.

This is one of two vapor intrusion sites EPA has been asked to investigate in Grand Rapids this month. At the first site, EPA is addressing high levels of tetrachloroethylene (PCE) from a former dry cleaner. The Trex site addresses TCE from the former Detrex Corp. where MDEQ has overseen a voluntary, ongoing corrective action cleanup since the facility’s closure in the 1990s.

For more information, visit: https://www.epa.gov/mi/grand-rapids-vapor-intrusion

OSHA cites Nebraska construction companies after 61-year-old plumber dies, co-worker injured in Alliance trench collapse

June 13, 2016

OSHA cites Nebraska construction companies after 61-year-old
plumber dies, co-worker injured in Alliance trench collapse
Employer, contractor ignored deadly hazards in excavation tragedy

ALLIANCE, NEb. - A mere 20 minutes after an 8-foot deep trench collapsed, burying a 61-year-old plumber under thousands of pounds of soil, emergency responders pronounced the man dead. Partially buried, his co-worker escaped the trench and frantically tried to rescue the man until help arrived.

An investigation by the U.S. Department of Labor's Occupational Safety and Health Administration found neither the men's employer, nor project's contractor provided trench cave-in protection for the workers as they installed sewer lines at a residential home project in the 2800 block of Toluca Street in Alliance on March 21, 2016.

Federal inspectors have cited both Clau Chin Construction LLC, the men's employer, and Larry Kessler Construction LCC, the project's contractor, with three serious violations following their investigation.

"This tragic death is a reminder of just how quickly an unprotected trench can become a death trap as a worker is buried under thousands of pounds of soil," said Jeff Funke, OSHA's area director in Omaha. "Soil dynamics are an unpredictable aspect of all trenching and excavations. Soil gives no warning prior to giving away, burying workers in just seconds. Inspection, protective systems and training are the difference between life and death in cases like these."

Research shows that a cubic yard of soil can weigh as much as 3,000 lbs., the weight of a small automobile. Trenching and excavation are among the most dangerous construction activities, and cave-ins are often lethal to workers crushed or suffocated by thousands of pounds of soil and rock.

In addition to citing the companies for failing to provide trench protection, inspectors said the employers did not have a competent person inspect the trench before allowing workers to enter. The companies also permitted soil piles within two feet of the excavation site, also a violation.

OSHA has issued citations as follows:
Clau Chin Construction of Alliance, the homebuilder, faces $31,000 in fines for five serious safety violations. View citations here.
Larry Kessler Construction of Scottsbluff, the excavating contractor, faces fines of $21,000 for three serious violations. View citations here.

OSHA's trenching standards require protective systems on trenches deeper than 5 feet and that soil and other materials are kept at least two feet from the edge of trench.

Both companies have 15 business days from receipt of its citations and penalties to comply, request an informal 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 Omaha area office at (402) 553-0171.

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 finds multiple hazards after worker suffers amputation injury at Cleveland manufacturer Soundwich Inc.

June 13, 2016

OSHA finds multiple hazards after worker suffers
amputation injury at Cleveland manufacturer
Soundwich Inc.
Employer name: Soundwich Inc.
Cleveland, Ohio

Citations issued: June 10, 2016

Investigation findings: The U.S. Department of Labor's Occupational Safety and Health Administration has issued one repeated, 15 serious violations and one other-than-serious violation to Soundwich Inc. after conducting inspections at the aerodynamic and emission control product manufacturer's Cleveland facility in January and April 2016.

OSHA initiated an inspection in January after the company reported a 55-year-old worker had caught his hand in the moving parts of a machine and suffered severe injury to his right ring finger. Inspectors determined the employee was operating a coil tilter without proper safety guards when a steel coil rolled to the side off of the radius pad and caught and crushed the employee's right hand. His finger had to be surgically amputated.

The April inspection was opened after OSHA received a complaint alleging unsafe working conditions.

The agency's Cleveland area office found the company:
Failed to install machine guarding on a spot welder, drill press, stamping press and other operating machines.
Exposed workers to fall hazards because platforms lacked a properly designed guard system.
Did not establish a permit confined space program.
Failed to locate, mount and inspect portable fire extinguishers.
Did not ensure compressed air for cleaning be reduced to 30 psi.
Exposed workers to numerous electrical safety hazards such as junction boxes without cover plates.
Failed to keep floors clean of oil and other materials creating slippery working surfaces.

Quote: "Each year hundreds of workers suffer preventable and life altering amputation injuries because employers like Soundwich fail to install required safety guards and mandate their use," said Howard Eberts, OSHA's area director in Cleveland.

Proposed Penalties: $89,000

View Citations here.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, 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 Cleveland Area Office at 216-447-4194.

# # #

Five companies face OSHA violations, $115K in fines after federal inspectors observe multiple safety hazards at Lincoln construction site

June 14, 2016

Five companies face OSHA violations, $115K in fines after federal inspectors
observe multiple safety hazards at Lincoln construction site
Framers observed working without fall protection, a leading cause of construction worker death

LINCOLN, Neb. - The deadly fact is this: nearly 40 percent of all deaths in the construction industry are the result of a preventable fall. Yet, some employers continue to ignore the dangers and put their workers at risk of a debilitating or fatal fall.


As the construction industry continues to grow, falls continue to be the leading cause of death. Source: http://www.bls.gov.

At an apartment complex construction site in Lincoln, the U.S. Department of Labor’s Occupational Safety and Health Administration found construction contractors jeopardizing the safety and health of workers. The agency’s inspection resulted in citations for five companies working at the three-building complex.

Federal safety investigators observed seven workers employed by East Framing Inc. of Grimesland, North Carolina, exposed to fall hazards up to five stories high while they did framing work at the site in the 1800 block of P Street.

In addition to East Framing, OSHA cited South Georgia Framers of Statesboro, Georgia, for willfully exposing employees to falls and other safety hazards. The agency cited ProCon Construction Services LLC of Ailey, Georgia, and America’s Best Siding of Fort Collins, Colorado, for exposing workers to hazards on the site. Inspectors also cited Aspen Heights of Austin, Texas, the controlling employer contractor on the project.

"A worker’s life can be forever altered or ended in the seconds it takes to fall,” said Jeff Funke, OSHA’s area director in Omaha. “Controlling contractors and subcontractors have a responsibility to protect workers on its construction sites from falls which cause four out of 10 workplace fatalities in the construction industry. More tragic than that is the reality that these falls are preventable.”"

Following its December 2015 investigation, OSHA has issued citations as follows:
East Framing Inc., subcontracted for framing work, faces $65,450 in fines for one willful and three serious safety violations. View citations here.
South Georgia Framers faces fines of $33,000 for one willful violation and three serious violations. View citations here.
America’s Best Siding of Fort Collins, Colorado, was issued six serous safety violations and faces proposed penalties of $9,100. View citations here.
Aspen Heights faces proposed penalties of $4,500 for three serious violations. View citations here.
ProCon Construction Services LLC, faces $3,150 in proposed penalties for three serious violations. View citations here.

Federal safety and health officials are determined to reduce the numbers of preventable, fall-related deaths in the construction industry. OSHA offers a Stop Falls online resource with detailed information in English and Spanish on fall protection standards. The page provides fact sheets, posters and videos that illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.

The ongoing Fall Prevention Campaign was developed in partnership with the National Institute for Occupational Safety and Health and NIOSH’s National Occupational Research Agenda program. Begun in 2012, the campaign provides employers with lifesaving information and educational materials on how to prevent falls, provide the right equipment for workers and train employees to use gear properly.

Each company has 15 business days from receipt of its citations and penalties to comply, request an informal 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 amputations, eye loss, 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 Omaha area office at (402) 553-0171.

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.

Town City Construction again allows roofers to work without safety harnesses; ignores violations, fines; endangers employees six times in six years

June 14, 2016

Town City Construction again allows roofers to work without safety harnesses;
ignores violations, fines; endangers employees six times in six years
After latest inspection in Eau Claire, Appleton company faces $70k in fines

EAU CLAIRE, Wis. - One hour after six workers atop an Eau Claire residential roof donned required safety harnesses to satisfy a federal safety inspection on May 20, 2016, the inspector returned to the site and found the employees working again without proper fall protection and in danger of falls of up to 14 feet.


As the construction industry continues to grow, falls continue to be the leading cause of death. Source: http://www.bls.gov.

This is sixth time since 2010 that the U.S. Department of Labor's Occupational Safety and Health Administration has cited contractor Hector Hernandez, who operates as Town City Construction, for putting his employees at risk by violating fall safety standards.

The agency cited the company with one willful violation and an additional $70,000 in proposed federal fines on June 13. The Appleton-based company has ignored five previous OSHA inspections resulting in fall protection violations cited from 2010 through 2015, including willful violation cited last year.

"Town City continues to callously put its employees at risk for serious injuries or death because the company refuses to use fall protection," said Mark Hysell, OSHA's area director in Eau Claire. "Preventable falls account for nearly 40 percent of all deaths in the construction industry. I fear that only serious injury or death of an employee will convince this contractor to use required safety equipment. OSHA is committed to protecting workers from that fate."

OSHA inspectors saw five Town City employees on a home in the 1100 block of East Tyler Avenue facing down the roof's slope while tearing off the existing asphalt shingles with tools at the roof's eave. They also found a sixth employee standing along the rake edge at the peak of the roof, while preparing to install underlayment materials and ice and water guards, across the peak of the roof. Workers were at risk of falls up to 14 feet.

The agency has cited Town City for fall violations six times at Wisconsin work sites. Inspectors issued a willful violation in 2015 in Wisconsin Rapids, a second repeated violation in 2013 in Appleton, a repeated violation in 2012 in Sherwood and serious violations in Appleton in 2012 and Greenwood in 2010. The company has failed to pay fines or respond to previous OSHA citations.

View current citations here.

Federal safety and health officials are determined to reduce the numbers of preventable, fall-related deaths in the construction industry. OSHA offers a Stop Falls online resource with detailed information in English and Spanish on fall protection standards. The page provides fact sheets, posters and videos that illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.

The ongoing Fall Prevention Campaign was developed in partnership with the National Institute for Occupational Safety and Health and NIOSH’s National Occupational Research Agenda program. Begun in 2012, the campaign provides employers with lifesaving information and educational materials on how to prevent falls, provide the right equipment for workers and train employees to use gear properly.

Town City has 15 business days from receipt of its citations and penalties to comply, request an informal 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 amputations, eye loss, 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 Eau Claire office at (715) 832-9019.

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.

As temperatures increase, employees learn to deal with the heat

Marla Carter takes a look at how employees are beating the heat. (KTRK)





By Marla Carter
Updated 2 hrs 35 mins ago

HOUSTON (KTRK) -- Getting your clothes pressed and steamed at the cleaners is certainly a hot job, especially when the temperature is nearly 130 degrees inside.

"It feels like you can't breathe. Like you're running 100 miles an hour ," said Glenda Martinez of Cindy's Cleaners.

Martinez has been working in the dry cleaning business for almost 20 years.

"In the beginning, it was crazy. I wanted to run out but you get to know the customers and you get to know the business and it's a pretty nice job. The only thing is, it's really hot," said Martinez.

It gets in excess of 130 degrees in the dry cleaning plant, that's even with the AC on. On top of that, the steam makes it extra humid.

Martinez said Cindy's Cleaners is the only plant she knows of in the metro that even has air conditioning. She says most plants go without AC.

To stay cool the employees drink lots of water and use the fans and AC to stay cool.

"We do what we can to keep them cool because we can't afford for one of them to faint and go to the hospital," said Martinez.

It can happen easily enough. A man working on a 50-foot high sign in Tomball was overcome by the heat on Tuesday The man worked for an LED company. The sign was enclosed, making it harder for air flow and trapping heat inside. The man had to be rescued by emergency crews.





"Some of those who work outside, think they get used to it, but you never truly get used to it," said Norm Uhl with Cypress Creek EMS.

Even employees at the dealership who stand outside to sell cars have had to cope with the heat. They wear light clothing and take breaks.

While all of these jobs may expose employees to extreme heat, heat exhaustion can happen quickly. The best advice drink lots of water, limit your time outside and wear light, breathable clothing.

Man charged with intoxication manslaughter found not guilty after crash that killed four people

Man found not guilty after crash that killed four people





Man charged with intoxication manslaughter found not guilty after crash that killed four people. (KTRK)





By Pooja Lodhia
Updated 2 hrs 14 mins ago

HOUSTON (KTRK) -- The verdict in the case of a man charged with intoxication manslaughter left an entire family stunned.

"What do I tell my kids? The lesson that I learned that it's okay to be drunk and drive and kill people," said Dipali Patel, who lost both her parents in the crash.

It was June 22, 2014 when five people were leaving their Hindu temple when they crashed. Devendraprasad Patel, Kokilaben Patel, Ansuyaben Patel and Jayantilal Bhatt all died. Bhanumati Bhatt was injured. The driver of the other vehicle, Million Zeghergis, was taken into custody and charged with intoxication manslaughter.

Nearly two years later, he was found not guilty.

"We followed the law," said Vishnu Bhatt, who lost his father in the crash. "We had trust in the law."

Adrian Garcia was sheriff at the time of the crash. He has kept in touch with the family and says he's never seen an acquittal like this.

"For someone who has seen almost every type of offense, this one has me shocked," Garcia said.

Zeghergis admits he drank the night of the crash.

ORIGINAL REPORT: Woman copes with loss of loved ones killed in alleged DWI wreck




He says he had two and a half beers, then a traditional African alcoholic drink just fifteen minutes before getting in his car.

"Texas is a 'time of driving' state. I don't care if you're under the legal limit after, I don't care how much higher you are after the time of driving," said his attorney, Mark Theissen. "The state couldn't prove that he was intoxicated at the time of driving without reasonable doubt."

Zeghergis' blood alcohol contect was .14 - nearly twice the legal limit - when tested an hour and forty five minutes after the crash.

But his attorney argued, there's no way of knowing how intoxicated he was during the crash.

Maybe, he argued, the alcohol hadn't hit Zeghergis yet when he got behind the wheel.

"I know myself. I was not intoxicated at that time. I remember every single minute, every single second," Zeghergis said. "I don't know why they take too long to take my blood alcohol."

Family of some of the victims plan to file a civil lawsuit.

1 dead, 19 injured after tour bus overturns on George Washington Parkway in Virginia

By ABC7 News/WJLA Tuesday, June 14th 2016

An ambulance arrives at the scene of a tour bus crash on the George Washington Memorial Parkway in Alexandria, Va. on Tuesday, June 14, 2016. (Photo courtesy of Tony Castrilli)







ALEXANDRIA, Va. (WJLA) - One person has died after a tour bus overturned on the George Washington Memorial Parkway at Stratford Lane in Alexandria, Virginia Tuesday afternoon, officials have confirmed.


Nineteen additional people were also injured, three of whom are reportedly in critical condition.

The northbound parkway is closed at the circle and the southbound parkway is closed at Stratford Lane. Officials say it will remain closed until 2 a.m.




U.S. Park Police confirmed two vehicles were involved in the crash, describing them as a "passenger car and mid-sized shuttle bus." There were 19 people on board the bus, including the driver, who was no injured. Police say some of the riders were foreign visitors. The car reportedly had only two occupants.

Fairfax County Police are advising those with family members who were aboard the bus to go to the Mount Vernon Police Station located at 2511 Parkers Lane in Alexandria.

ABC7 News will have more on this developing story as information becomes available.

BP has agreed to pay $275,000 in civil penalties to resolve alleged violations of the Clean Water and Air acts relating to a March 2014 spill of crude oil into Lake Michigan from its Whiting, Indiana refinery

BP Agrees To Penalty Relating To 2014 Oil Spill
Michael Puente June 14, 2016






Workers try to capture oil off of Lake Michigan’s southern shore near Whiting, Indiana following a March 2014 spill from BP’s Whiting Refinery. BP is getting fined $275,000 by the U.S. EPA in relation to the spill. The penalty was announced Monday by the U.S. EPA.




In an agreement with the U.S. Environmental Protection Agency, oil giant BP has agreed to pay $275,000 in civil penalties to resolve alleged violations of the Clean Water and Air acts relating to a March 2014 spill of crude oil into Lake Michigan from its Whiting, Indiana refinery.

Announced Monday by the U.S. EPA, BP has agreed to take steps to reduce an estimated 23,500 pounds of pollution annually from the nation’s sixth largest refinery located off of Lake Michigan and just a few miles from Chicago’s southern border.

“Ensuring BP’s compliance with the Clean Water Act is critical to protect Lake Michigan,” stated acting Regional Administrator Robert Kaplan in a statement. “Identifying hazards and maintaining a safe facility will prevent accidental releases from occurring.”

The Whiting refinery is capable of processing up to 430,000 barrels of oil per day.

In March 2014, 39 barrels of crude oil, or more than 1,600 gallons of oil, spilled into Lake Michigan, causing an outcry from Chicago politicians and environmentalists. The U.S. Coast Guard and the EPA responded to the spill which took weeks to fully clean up.

The Coast Guard assessed a $2,000 penalty against BP, a company that saw $225 billion in profits in 2015.

Following the spill, the U.S. EPA conducted an investigation at the refinery. It found that the company, which had completed a $4 billion modernization program at the Whiting Refinery in 2013, the largest private investment in Indiana history, failed to implement its spill prevention, control and countermeasure plan.

In its report, the EPA also found that “BP failed to provide appropriate containment to prevent a discharge of oil.”

As part of the agreement, BP will update its plan and pay a $151,899 civil penalty to resolve the alleged violations.

But the EPA also found that BP exceeded the limits of its wastewater discharge permit in April and November of 2011.

As a result, “BP has agreed to install new monitoring equipment, implement an inspection and cleaning schedule for a wastewater treatment device, and enhance storm-water controls and inspections to prevent unauthorized discharges. BP has also agreed to pay a $74,212 civil penalty to resolve these alleged violations,” according to the EPA.

BP also agreed to implement “enhanced procedures” when installing equipment at the refinery and pay a $50,313 civil penalty to resolve alleged violations of the Clean Air Act’s chemical accident prevention requirements.

BP issued the following statement: “BP is pleased to resolve the U.S. EPA's claims under the Clean Air Act related to the March 2014 discharge at the Whiting refinery. We remain committed to safe, reliable and compliant operations,” stated Michael Abendhoff, Director of Media Affairs, at its Chicago office.

Ann Alexander, senior attorney in the Midwest Program of the Natural Resources Defense Council, says BP Whiting facility has had a number of environmental issues.

"From petcoke, to their Lake Michigan oil spill and all the daily air and water pollution in between, this is the latest in a parade of mishaps and violations that have marked BP Whiting’s operations,” Alexander told WBEZ in a statement. “That refinery stands as a clear poster child on the need for tight pollution standards on fossil fuels and the need to move away from those fuels as quickly as we can.”The agreement and penalties are subject to a 40-day public comment period. To comment on alleged violations of the spill prevention program, go here.

Gas explosion in Chicago after construction hit an old gas line

Loop streets closed following gas line explosion







The area around the intersection of State and Madison streets was closed to vehicles and pedestrians on June 14, 2016, after a gas line explosion downtown. Construction crews were believed to have hit an old, unused gas line, according to the Fire Department. No one was injured. (Jose M. Osorio / Chicago Tribune)

Chicago Tribune staff


The area surrounding the intersection of State and Madison streets was closed to vehicles and pedestrians Tuesday afternoon after a gas line explosion downtown, police said.

Fire crews and a hazardous materials team responded. No one was injured, according to the Chicago Fire Department's official Twitter account.


When the construction crew hit the old line, an undetermined source of ignition caused gas in the line, which runs from Randolph to Madison streets, to be lit on fire, causing a "poof" inside the line, said Peoples spokesman Scott Alwin

Construction crews were believed to have hit an old, unused gas line, according to the Fire Department. Peoples Gas crews were expected to be clearing the old line Tuesday afternoon of any residual gas, Alwin said.

A Texas police dog has died by braking his neck after running into a tree as he was trying to retrieve a reward

Amarillo police dog dies, apparently broke neck in training






Updated 28 mins ago
AMARILLO, TX -- A Texas police dog has died after running into a tree during a training exercise.

Amarillo police on Monday announced the death of the 5-year-old Dutch Shepherd named Bruno. A veterinarian says the 85-pound dog had external injuries indicating the animal likely broke his neck on impact.

A police statement says the accident happened Sunday morning. Bruno was running to retrieve a training aid used as a reward when he ran into a tree. The dog died at the scene.

Bruno had worked with Cpl. Kaleb McCarrell for two years and lived with the officer.

Amarillo police will arrange for the dog's burial.

Houston Fire Department crews rescued a worker who was trapped inside an electronic billboard.

Worker rescued from inside giant car dealership electronic billboard





SkyEye was over the unusual rescue Tuesday morning. (KTRK)





Updated 1 hr 17 mins ago

HOUSTON (KTRK) -- Houston Fire Department crews rescued a worker who was trapped inside an electronic billboard.

The high angle rescue took place at about noon at the Parkway Chevrolet auto dealership on Highway 249 in Tomball.









Crews rescued a man trapped inside a huge electronic sign at an auto dealership in Tomball.

Crews worked for about 45 minutes to reach the worker, who became overcome by heat while inside the sign.

A good Samaritan is being praised as a hero after he rescued a woman whose SUV plunged into the Passaic River in Nutley

Exclusive: Hero who rescued woman from crash into Passaic River speaks out






By Darla Miles
Updated 41 mins ago
NUTLEY, New Jersey (WABC) -- A good Samaritan is being praised as a hero after he rescued a woman whose SUV plunged into the Passaic River in Nutley Tuesday morning.

That man, Jay Moss, spoke exclusively to Eyewitness News reporter Darla Miles.

The black roof of a Mercury Mountaineer was all he could see after hearing screams for help. And with emergency crews were nowhere in sight, he jumped into action.

"As I was walking out, I saw a gentleman sprint past me," he said. "Screaming, 'Call the cops, call the cops, there's a car in the river."

The 30-year-old IT sales manager heard those cries as was leaving his gym, which is right on the Passaic River in Lyndhurst. He and a friend hopped in their car and raced over to the Nutley side of the river, where they saw an unconscious woman behind the wheel.

"We drove around, we peeked over, saw that there was someone was in the car," he said. "I don't know if he could swim that great, so I immediately threw my clothes off, grabbed my gym shorts and hopped in."

Moss says instinct combined with water rescues he's seen on TV are two reasons why he was able to get her out so quickly.

"I put my leg up and gave it everything I got and pulled the door open, thank God," he said. "And then picked her up and then booked out of there before the car started sinking fast."

Nutley police are still investigating why the 50-year-old woman drove in the water, but they say it would have been a much different investigation without Moss.

"Officers were there quickly, but again, in that kind of condition, a minute or two means a lot, whether you can get out of the vehicle in time or not," Nutley police Chief Tom Strumolo said. "So thank God he was there, and it's a good ending to the story."

Massachusetts High Court Rules Leaded Gasoline is Not “Oil” Subject to Less Stringent Cleanup Requirements

Massachusetts High Court Rules Leaded Gasoline is Not “Oil” Subject to Less Stringent Cleanup Requirements By Hamilton Hackney III on June 8, 2016 

The Massachusetts Supreme Judicial Court (SJC) upheld a statutory interpretation by the Massachusetts Department of Environmental Protection (MassDEP) that the statutory definition of “oil” does not include leaded gasoline. As a result, contamination from leaded gasoline released from a gas station was not eligible for less stringent remediation standards applicable to “oil” releases. Based on the SJC’s reasoning, this ruling may also be applicable to gasoline containing other additives (such as MTBE).

At issue in Peterborough Oil Co., LLC v. Dept. of Environmental Protection (SJC-11851, June 6, 2016) is the Massachusetts “mini-CERCLA” statute, M.G.L c. 21E, which distinguishes between “oil” and “hazardous materials” when establishing liability for remediating environmental contamination. Drawing on that statutory distinction, MassDEP revised its cleanup regulations (the Massachusetts Contingency Plan, 310 CMR 40.0000 (MCP)) to impose less stringent cleanup requirements for releases of oil (vs. hazardous materials releases) in so-called Zone II protection areas for public drinking water wells.

MassDEP concluded that the leaded gasoline in the Peterborough case was not “oil” because the lead it contained is separately identified as a “hazardous material” under Chapter 21E. MassDEP therefore determined that additional remediation was required beyond what the plaintiff had already conducted. The plaintiff sought judicial review of MassDEP’s determination, and then appealed after the trial court ruled in favor of MassDEP.

The SJC concluded that Chapter 21E was ambiguous on the issue, as it did not specifically address how to classify commingled “oil” and “hazardous materials.” The Court noted that Chapter 21E does not incorporate the “petroleum exclusion” found in the federal Superfund statute, and therefore Chapter 21E creates “greater liability for cleanup of oil spills than does CERCLA.”

After reviewing the legislative history and MassDEP’s rationale for determining that petroleum hydrocarbons containing hazardous materials like lead should be excluded from the definition of “oil,” the Court deferred to the agency’s interpretation. Specifically, the Court concluded that MassDEP’s “interpretation advances its mandate to ensure the cleanup of spills posing a threat to public health and safety, while reasonably permitting less stringent remediation based on the scientific studies it conducted concerning the observed levels of contamination in the public water supply.”

This case not only confirms the SJC’s general willingness to defer to MassDEP on regulatory issues arising under Chapter 21E, but also indicates that gasoline containing other “hazardous material” additives like MTBE, ethanol, and butanol would likewise not be deemed “oil” under Chapter 21E. Parties who own or are redeveloping gasoline-contaminated sites in Massachusetts should evaluate the implications of this decision to their remediation plans.

California Air Resources Board (“ARB”) released Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“proposed rule”) for methane emissions

The Other Shoe Just Dropped on Methane Emissions from the Oil and Gas Industry 


By Mike Mills, Tom Henry and Shannon Morrissey on June 8, 2016 



Not to be outdone by its federal counter-parts, the California Air Resources Board (“ARB”) released Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“proposed rule”) for methane emissions on Tuesday, May 31, following a slew of recent federal regulations targeting reduction of methane emissions. Cal. Code Regs. tit. 14, §§ 95665-95676 (proposed). The federal Bureau of Land Management released proposed regulations for reducing waste and methane emissions in oil and gas operations in January 2016. Then, in May 2016, the U.S. Environmental Protection Agency also began regulating methane when it released final regulations to curb emissions of methane and volatile organic compounds from additional new, modified, and reconstructed sources in the oil and gas industry.

While methane is the current emissions target for regulators’ greenhouse gas reduction efforts, the oil and gas sector is the industry target. The proposed rule is part of California’s plan to reduce emissions from short-lived climate pollutants, including methane emissions, by 40-45% by 2025. This follows the Obama Administration’s similar methane emissions reduction goal.

Broad-reaching, the proposed rule would apply to upstream oil and gas facilities, including onshore and offshore crude oil and natural gas production facilities, natural gas underground storage facilities, and natural gas transmission compressor stations. Cal. Code Regs. tit. 14, § 95666 (proposed). ARB plans to address methane emissions from pipelines and other midstream oil and gas infrastructure in a separate regulatory proceeding, following consultation with the California Public Utilities Commission.

The proposed rule would require oil and gas companies to increase efforts to capture methane emissions from oil and gas infrastructure, establish quarterly leak detection and repair requirements, submit a monitoring plan to ARB, and enhance leak monitoring and alarm systems for underground natural gas storage facilities. Operators subject to the proposed rule would be required to register with ARB and report specified information about the facility no later than January 1, 2018. ARB predicts that the proposed rule would reduce greenhouse gas emissions by about 1.5 million metric tons of carbon dioxide equivalent per year.

However, this greenhouse gas emissions reduction comes with a very hefty price tag. ARB estimates that compliance with the rule would cost operators about $23 million per year, which strikes these authors as being on the low end of the cost estimate range, when everything is said and done. The oil and gas industry has voiced concerns that the cost of compliance with the regulations could outweigh any potential benefits, especially in the current depressed-price oil market. Further, the proposed regulations single out the oil and gas industry explicitly, instead of focusing on potential fugitive emissions sources from other industries.

The deadline to submit public comments on the proposed rule is July 18, 2016, at 5:00 p.m.

LEAD IN THE WATER: 20 parts per billion is the recommended “action level” for the amount of lead in drinking water that specifically applies in evaluating sampling results from schools and day care facilities

Lead in Drinking Water: What Schools Need to Know
By Hong Huynh on June 10, 2016 Posted in Environmental

There’s no doubt that some attention has been given to the water quality at Oregon schools in the past month. But the issue has been around for some time. Since the late 1980s, concerns have been raised about lead leaching from pipes and faucets into water in schools. Yet no state or federal law requires schools to sample or take action to address lead in drinking water.

But under the Safe Drinking Water Act (the “SDWA”),[1] the United States Environmental Protection Agency (“EPA”) must develop a guidance program to address this issue. The guidance that EPA has developed instructs that the 20 parts per billion (“ppb”) (or 0.020 mg/l) level is the recommended “action level” for the amount of lead in drinking water that specifically applies in evaluating sampling results from schools and day care facilities. EPA recommends that schools and facilities take additional actions to evaluate and address specific problem areas (e.g., faucets and fountains) for which the sampling results show an exceedance of this level.

This level is different from the maximum contaminant level—15 ppb (or 0.015 mg/l)—for lead in a public water system. As discussed below, certain exceedance of this level in water delivered to end-of-the-pipe users, like homes and schools, requires response actions by the public water supplier.

Safe Drinking Water Act and the Public Water Systems

EPA regulates lead in drinking water under the SDWA. Enacted in 1974, the SDWA controls drinking water provided by public water systems, rather than end-of-pipe water users. A “public water system” is defined in part as a system for the provision to the public of water for human consumption through pipes or other constructed conveyances that serves at least 15 service connections or regularly serves at least 25 individuals.[2] So unless a school has its own water supply, it is not a regulated “public water system.”

In 1991, EPA issued the Lead and Copper Rule to control lead and copper in drinking water for such public water systems. [3] Under this rule, public water systems are required to conduct annual tests for lead and other contaminants in drinking water. If lead concentrations exceed 15 ppb in more than 10 percent of samples collected at high-risk residences in a year, the operator of the public water system must take steps to reduce lead concentrations. These steps include treating water in the system to make it less corrosive and less likely to cause lead in plumbing systems to leach into drinking water. Moreover, since 1986 the sale of lead pipe, solder, and flux for plumbing purposes has been illegal. Public water systems are required to use lead-free plumbing components when old plumbing is replaced.

Guidance on Lead in Schools Drinking Water

With respect to schools, in 1988, Congress passed the Lead Contamination Control Act (the “LCCA”).[4] This SDWA amendment specifically aimed to identify and reduce lead in drinking water at schools that are end-of-pipe users. The LCCA had the goal of eliminating drinking water coolers containing lead. To that end, EPA was required to publish a list of each brand and model of water cooler that contained lead.

It also required EPA to developed guidance to identify and address lead problems in school’s drinking water. To that end, and through the years, EPA has issued various guidance for schools in testing, evaluating, and remediating lead levels in school drinking water. This include the current applicable guidance, 3T’s for Reducing Lead in Drinking Water in Schools (the “3T’s Guidance”).

With respect applicable to schools that get their water from a public water system, the 3T’s Guidance provides the following sampling technique:


“EPA recommends that schools collect 250 mL first-draw samples (i.e., samples of stagnant water before any flushing or use occurs) from water fountains and other outlets used for consumption, and that the water fountains and/or outlets be taken out of service if the lead level exceeded 20 ppb. The sample was designed to pinpoint specific fountains and outlets that require remediation (e.g. water cooler replacement). The school sampling protocol maximizes the likelihood that the highest concentrations of lead are found because the first 250 mL are analyzed for lead after overnight stagnation.” 3T’s Guidance at page 12.

Therefore, under the 3T’s Guidance, and unless a school has its own water supply (e.g., has a well), testing results exceeding 20 ppb trigger certain recommended actions that the school can take, including resampling or shutting down the faucet.

Conclusion

The State of Oregon has recently issued a recommendation that all schools test for lead in drinking water this summer. While schools are encouraged to apply the 3T’s Guidance on evaluating, testing, and remediating lead in drinking water, they may also benefit from inquiring with their public water supplier on the quality of the water coming into the school buildings. This will help schools have a reliable data set to identify problem areas and to develop specific response action to ensure that safe drinking water is available for the children when they return in the fall.

________________________________________________

[1] 42 USC §§ 300f, 300g et seq., 300j-24.

[2] 42 USC § 300f(4)(A).

[3] 40 CFR pt 141, subpt I.

[4] 42 USC § 300j-24.

DOJ’s Increased Focus on Environmental Criminal Cases

By Barak Cohen, Donald Baur and Andrew Victor on June 13, 2016 Posted in DOJ

Recently, John C. Cruden, DOJ’s Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ’s environmental litigation, voiced a heightened commitment to enforcing environmental laws through criminal prosecution. In the May-June 2016 issue of The Environmental Forum, in a piece presented alongside a separate article entitled “Time for Environmental Crimes,” Cruden emphasized the following:

Without adequate enforcement, our environmental laws have little meaning, and fail to serve their purpose . . . . I believe criminal prosecutions can and should address and deter egregious conduct that imperils public health and the environment. The [ENRD] has responded in an exceptional fashion, strategically increasing our criminal enforcement work.

Considering the source, this is a remarkable statement. ENRD, the division within DOJ tasked with handling diverse environmental and natural resources litigation, primarily brings civil enforcement actions. Within ENRD, however, is the Environmental Crimes Section (ECS), an office comprised of specialized attorneys who are entirely separate from DOJ’s Criminal Division and who oversee prosecution of environmental criminal statutes. In comparison with the breadth of civil enforcement responsibilities undertaken by ENRD’s other offices, ECS has had a relatively narrow mandate. So what does it mean when the head of ENRD, an agency primarily focused on civil litigation, forecasts that ENRD is “increasing” its “criminal enforcement work?”

Signs of Increased Criminal Prosecutions

Statistically, it is difficult to determine whether there has been an uptick in active criminal cases brought by ENRD. The most recent publically available statistics released by DOJ’s Bureau of Justice Statistics cover prosecutions from four to five years ago (2011 and 2012). What cannot be denied, however, is ENRD’s intent to increase criminal prosecution and the manner in which ENRD is escalating its criminal enforcement work. For example, in 2015, ECS expanded its initially successful efforts to prosecute cases that involved schemes to defraud biodiesel buyers by selling sham biodiesel incentives. One recent case, United States v. Furando, resulted in an individual defendant receiving a sentence of 20 years’ incarceration and a group of individuals and entities being jointly liable for $56 million in restitution.

In late 2015, DOJ also announced the formalizing of a policy with the U.S. Department of Labor to bring more criminal environmental prosecutions of conduct associated with Occupational Safety and Health (OSH) Act violations. In doing so, DOJ stated that the criminal sanction for violating the OSH Act is relatively low—merely a misdemeanor punishable by a fine of up to $10,000 and a maximum of six months’ imprisonment—and had correspondingly low prosecution rates (three in 2013). DOJ’s newly announced policy, however, encouraged prosecutors to charge other offenses that often occur in association with OSH Act violations, such as environmental crimes. DOJ explained that because ECS had developed expertise in investigating OSH Act violations, responsibilities for criminal worker safety prosecutions would be transferred from the Criminal Division’s Fraud Section to ECS. DOJ encouraged U.S. Attorney offices to increase the frequency of criminal prosecutions of OSH Act violations and coordinate such efforts with ECS.

Furthermore, as noted in a previous update, DOJ’s renewed focus on prosecuting individuals embodied in the Yates Memorandum may also signal bigger, more complex criminal environmental cases. If it follows the Yates Memorandum, ECS will criminally prosecute not only companies that allegedly pollute, but also companies’ officers, managers and employees.

Prosecutorial Discretion and New Criminal Contexts

In sum, DOJ is trying to bring more criminal environmental cases. In some instances, this effort may result from more investigations or resources committed to bringing such cases. More startling is that other instances reflect a change in prosecutorial discretion, so that more serious criminal cases may be brought in new contexts, such as conduct associated with OSH Act violations that implicate environmental issues.

Divining the currents of criminal enforcement is difficult. For example, although the news first broke in September 2015, the massive Volkswagen fuel emission controversy has not resulted in significant criminal prosecution yet, and maybe never will. Nevertheless, purely on the basis of DOJ policy, Assistant Attorney General Cruden’s statements, and the recent history of actual cases brought by ENRD we expect an increased flow of criminal environmental prosecutions.

the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a right-of-way to a private company to develop and operate a wind energy facility.

Circuit Courts Tackle Question of Agency Liability under the MBTA for Permitting of Wind Energy Facilities 

By Sarah Wells on June 14th, 2016 

On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a right-of-way to a private company to develop and operate a wind energy facility. Protect Our Communities Foundation v. Jewell, No. 14-55842, 14-55666 (9th Cir. June 7, 2016).

Plaintiffs argued that BLM—by granting a right-of-way to Tule Wind LLC (Tule)—was “complicit” in future conduct by Tule that might result in violations of the MBTA. Beyond this assertion of direct, vicarious liability of BLM for future bird fatalities, plaintiffs asserted liability under the Administrative Procedure Act (APA) based upon BLM’s failure to condition its right-of-way grant on Tule securing take permits from the U.S. Fish and Wildlife Service (Service). In rejecting both arguments, the Ninth Circuit held that the MBTA does not contemplate vicarious liability of agencies that act in a purely regulatory capacity where those regulatory actions do not directly or proximately cause the “take” of migratory birds. The BLM authorization for Tule to construct and operate a wind energy facility on public lands was held not to “take” migratory birds without a permit under the MBTA. Further, the court concluded that BLM was not required to condition its right-of-way approval, holding that the APA and MBTA place no affirmative duty on BLM to guarantee a grantee’s compliance with the MBTA or prevent future unlawful action by a grantee.

This decision does not comment on whether incidental take of migratory birds by a wind energy facility is a violation of the MBTA. The Court was cautious to avoid interpreting whether the MBTA prohibits incidental take of migratory birds and did not address either the existing circuit split on whether incidental take is prohibited by the MBTA or the fact that no incidental take permit program yet exists under the MBTA.

Interestingly, Tenth Circuit judge Timothy Tymkovich sat by designation on the Ninth Circuit panel that heard this case. Judge Tymkovich authored the Tenth Circuit opinion in U.S. v. Apollo Energies, Inc., 611 F.3d 679 (10th Cir. 2010), holding that the MBTA is a strict liability statute, containing no intent requirement, which is violated by the incidental take of migratory birds where that “take” is foreseeable. However, in Protect Our Communities Foundation v. Jewell, the Ninth Circuit tacitly declined to address the issue of MBTA liability arising from incidental take.

The Ninth Circuit’s decision has already been cited by the government in ongoing litigation in the U.S. Court of Appeals for the D.C. Circuit involving the Cape Wind offshore wind energy development. Public Employees for Environmental Responsibility v. Hopper, No. 14-5301. The government has cited the case to support its position that, where an agency acts in a purely regulatory capacity, it is not liable under the MBTA for migratory bird fatalities caused by a regulated entity’s future actions.

While the judiciary continues to develop MBTA jurisprudence, the Service is in the process of developing regulations to: (1) define MBTA-prohibited “take” to encompass incidental take occurring unintentionally as a result of otherwise lawful activities; and (2) establish an incidental take permit program. However, the ultimate fate of these regulations remains uncertain.

Amazon was charged with improperly sending a caustic chemical that leaked and came in contact with nine workers at a UPS facility

Amazon fined by U.S. FAA for shipping dangerous cargo on planes



Jun 13, 2016 | By Alan Levin, Bloomberg

Amazon was charged with improperly sending a caustic chemical that leaked and came in contact with nine workers at a UPS facility. (AP Photo/Reed Saxon, File)

(Bloomberg) -- U.S. aviation regulators are seeking a $350,000 fine against Amazon.com Inc., the Seattle-based online retailer, for allegedly sending hazardous shipments as air cargo.

E-commerce giant Amazon, which has made two deals this year in an attempt to create its own air-shipping network, was charged Monday with improperly sending a caustic chemical that leaked and came in contact with nine workers at a United Parcel Service Inc. facility, the Federal Aviation Administration said in a press release.

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“Amazon has a history of violating the hazardous materials regulations,” the FAA said in the release. “From February 2013 to September 2015 alone, Amazon was found to have violated the hazardous materials regulations 24 other times.”

The shipment of corrosive drain cleaner wasn’t properly packaged, declared and labeled, the FAA said in the release. Amazon also failed to include emergency response information on the package and didn’t train employees on handling hazardous materials.



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Assembling fleet


Companies hit by FAA fines can negotiate with the agency and penalties are sometimes reduced. Amazon spokesman Craig Berman didn’t immediately respond to an e-mailed request for comment.

The FAA’s action comes a month after Amazon agreed to take as much as a 30% stake in Atlas Air Worldwide Holdings Inc. As part of the deal, Atlas will acquire and operate 20 Boeing Co. 767-300 freighters for Amazon, according to a May 5 statement.

In March, Amazon announced it would work with Air Transport Services Group Inc. to operate another 20 Boeing 767 freighters.

The retailer is moving swiftly to build up its delivery system in an attempt to reduce its dependence on UPS and FedEx Corp. as it expands its Prime membership service that delivers some orders in as little as one day.
Global network


Chief Financial Officer Brian Olsavsky downplayed Amazon’s ambitions in an earnings call in January, saying the company wants to supplement the two shippers, not replace them. Documents reviewed by Bloomberg News reveal the company may be planning a bolder strategy to create a global delivery network to control the flow of goods from factories to customers’ doorsteps.

At the same time, Amazon is developing drones capable of short-distance, rapid deliveries of small items. The company has received FAA permission to test unmanned aircraft and is also doing development in other nations.

The FAA didn’t detail Amazon’s previous violations in Monday’s press release. According to previous press releases on its website, the FAA has opened enforcement actions against Amazon for shipping flammable paint and other items without proper packaging and marking in at least four previous cases since 2014. The agency sought a total of $314,000 in fines in those cases.


Copyright 2016 Bloomberg. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

G4S Plc’s approach to the vetting of its security personnel is under scrutiny after it employed Florida nightclub killer Omar Mateen

G4S under scrutiny after employing Orlando killer since 2007



Jun 13, 2016 | By Benjamin Katz, Bloomberg, Lucas Shaw, Bloomberg


G4S Plc’s U.S. headquarters are in Jupiter, Florida, about 150 miles southeast of Orlando. (AP Photo/Matt Dunham)

Editor's note: Updated 4:25 p.m. ET

(Bloomberg) -- G4S Plc’s approach to the vetting of its security personnel is under scrutiny after it emerged that Florida nightclub killer Omar Mateen had been employed by the world’s biggest guarding company for almost a decade.

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Mateen, who declared his allegiance to terror group Islamic State in the hours before the largest mass shooting in U.S. history, had been working at a gated retirement community prior to the deaths in Orlando, G4S confirmed Monday, sending its stock tumbling to the lowest intraday price since March 2009.

The Federal Bureau of Investigation had studied Mateen twice, each time dropping its enquiries, according to an agency spokesman. U.K.-based G4S said it had learned of the FBI’s interest in 2013 but was unaware of any further probe, adding that the 29-year-old had cleared its own internal processes.

 

Cybersecurity, remote monitoring and other trends are changing the security guard industry. Here's what agents should know in placing this...
Screening and background checks


“Mateen underwent company screening and background checks when he was recruited in 2007 and the check revealed nothing of concern,” G4S said. “His screening was repeated in 2013 with no findings. We were not made aware of any alleged connections between Mateen and terrorist activities.”

The shooter, who died in a gun battle with police after killing 49 people and wounding 53 at the gay dance venue Sunday, was given a psychometric test called the Minnesota Multiphasic Personality Inventory before being hired, G4S said. Neither was anything revealed by checks before his employment and after the FBI’s investigation covering 10 areas including his identification documents, employment history, references, right to work and criminal record.

The FBI put Mateen on a government watch list for a time after co-workers at a local courthouse where he was assigned as a guard said in 2013 that he made remarks indicating terrorist leanings, FBI Director James Comey told reporters in Washington Monday. Comey said he couldn’t recall how much contact the agents had directly with G4S.

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About 15% of G4S’s U.S.-based workers are re-screened each year according to standard practice, the company said. As an “armed security official” Mateen was also required to carry a weapon and received a license from the State of Florida, which makes its own evaluation of an applicant’s personal history, and underwent several hours of firearms training, it said.

The gunman, a U.S. citizen, used an assault rifle and a Glock GmbH handgun in the shootings, neither of which are issued to G4S guards, the company said.
‘Shocked’


G4S, whose clients in more than 100 countries include the U.S. government, said it’s cooperating with the FBI investigation of the Florida massacre.

“We are shocked and saddened by the tragic event that occurred at the Orlando nightclub,” John Kenning, the company’s chief executive officer for North America, said in a statement. “Our thoughts and prayers are with all of the friends, families and people affected by this unspeakable tragedy.”

 Hiring and firing practices can help protect employees from workplace violence

Shares of G4S fell as much as 8.1% when trading began Monday. The stock had already declined 34% in 12 months, dropping the most in three years on March 9 after a wave of migrants to the U.K. led to increased losses on a contract to house asylum seekers.

The hiring of Mateen came two-years before a G4S employee shot and killed two colleagues when stationed in Iraq on a private security detail in 2009. A U.K. inquest into the incident last year found the company hadn’t conducted proper vetting procedures at the time, failing to check on his criminal record.
Olympics debacle


G4S also failed to supply enough security guards for the 2012 Olympics in London, forcing the government to deploy members of the armed services in order to make up the numbers and prompting the company’s then CEO to admit that its reputation was “in tatters.”

The Crawley, England-based company later took a financial hit over claims that it overcharged authorities for electronic tagging of criminals. More recently, it suspended seven staff at a juvenile correctional facility after allegations that guards used excessive force and one child was stabbed with a fork.

G4S was consistently one of the biggest contractors with the U.S. federal government after the Sept. 11, 2001, terrorist attacks, mostly with the departments of Homeland Security and State, according to Kevin Brancato, an analyst with Bloomberg Government. The firm’s deals with the government shrank to $89.3 million in 2015, according to data compiled by Bloomberg.
611,000 employees worldwide


The company employs 611,000 people worldwide, running prisons, providing security at airports and ports, and managing cash transports, according to its website. Its U.S. headquarters are in Jupiter, Florida, about 150 miles southeast of Orlando.

“They are a considerably smaller player in the federal space than they used to be,” Brancato said.

Born in New York to Afghan parents, Mateen was licensed as a security guard in Florida, according to state records. Mateen was married in 2009 and divorced in 2011, a woman who identified herself as Mateen’s ex-wife told the Washington Post on the condition that her name not be used.

G4S stock closed 5% lower at 178 pence in London, reducing the company’s market value to 2.76 billion pounds ($3.9 billion).


Copyright 2016 Bloomberg. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

NTSB Report: an experimental amateur-built Storch FI-156 airplane, N429BB, crashed in a wooded area near Fordsville, Kentucky killing the pilot

NTSB Identification: ERA16LA201

14 CFR Part 91: General Aviation
Accident occurred Monday, May 30, 2016 in Fordsville, KY
Aircraft: CRIQUET AVIATION BOGOTA COLUMB STORCH FI-156, registration: N429BB
Injuries: 1 Fatal.


This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. NTSB investigators may not have traveled in support of this investigation and used data provided by various sources to prepare this aircraft accident report.

On May 30, 2016, at an unknown time, an experimental amateur-built Storch FI-156 airplane, N429BB, crashed in a wooded area near Fordsville, Kentucky. The private pilot, the sole occupant was fatally injured and the airplane was destroyed by impact and a postcrash fire. The personal flight was conducted under the provisions of 14 Code of Federal Regulations (CFR) as a Part 91. Visual meteorological conditions prevailed on that day, and no flight plan was filed for the flight. The flight originated about 1130 central daylight time, from Rough River State Park Airport (2I3), Falls of Rough, Kentucky.

According to a friend of the accident pilot, since purchasing the airplane 2 days prior, the pilot flew it on several flights, including a flight earlier in the day from Owensboro-Daviess County Airport (OWB), Owensboro, Kentucky to 2I3, landing there about 0945. After landing, he and the pilot ate at a local restaurant and then prepared to depart from 2I3. The friend reported hearing an engine run-up before takeoff, and noted that the magneto drops were normal and the engine was "running strong." After takeoff he watched as the pilot turned to a heading of 315 degrees (normal) and lost sight of the airplane when it was about 1.5 miles away.

The pilot's friend indicated that the pilot might have intended to fly to a nearby ultralight airstrip, or return to OWB. The pilot's friend then departed 2I3 in his airplane, and attempted to contact the pilot via radio, but the pilot did not reply to any of his transmissions. He proceeded to the Ohio County Airport (JQD), Hartford, Kentucky and landed uneventfully. He later contacted law enforcement because the pilot had not returned to OWB, and met with law enforcement later that evening. The following day he performed an air search himself but did not locate the wreckage. Personnel of the Civil Air Patrol were also involved in a search for the missing airplane; the wreckage was located on the afternoon of June 1st.  

Aviation Accident & Synopsis Query Page

pilots and passengers involved in general aviation (GA) operations still die at alarming rates every year due to loss of aircraft control by the pilot

Prevent Loss of Control in Flight in General Aviation




Download the Fact Sheet


What is the issue?

While airline accidents have become relatively rare in the United States, pilots and passengers involved in general aviation (GA) operations still die at alarming rates every year due to loss of aircraft control by the pilot.

Between 2008 and 2014, about 47 percent of fatal fixed-wing GA accidents in the United States involved pilots losing control of their aircraft in flight, resulting in 1,210 fatalities.
GA pilot proficiency requirements are much less rigorous than those of airline pilots. GA pilots are much more likely to have longer intervals between training sessions and longer intervals between flights.

They typically only need to complete a flight review, consisting of one hour of ground training and one hour of flight training, every 24 months. They almost exclusively maintain and improve skills on their own, and their conduct of safe flight depends more on individual abilities and judgment, potentially leaving them unprepared for situations that can lead to loss of control.

Statistically, approach to landing, maneuvering, and initial climb are the deadliest phases of flight for loss-of-control accidents. For example, on August 9, 2013, in East Haven, Connecticut, while attempting a tight circling approach in and out of clouds during gusty wind conditions, a Rockwell International 690B entered an inadvertent aerodynamic stall/spin and crashed into a house, killing the pilot, his passenger, and two children in the house.
What can be done?

In October 2015, the NTSB held a forum on “Humans and Hardware: Preventing General Aviation Inflight Loss of Control.” The forum addressed some of the common causes of loss-of-control events, such as pilot inattention due to workload, distractions or complacency, and a lack of understanding how a stall actually relates to exceeding a wing’s critical angle of attack (AOA), as opposed to the more common idea that it’s just related to airspeed. Also noteworthy is that when airplanes are close to the ground, such as in a landing pattern, there is limited time and altitude available to recover from a stall, thus making these stalls particularly deadly.

The 2015 forum provided potential hardware solutions, such as the use of AOA indicators, and human solutions, such as increased pilot training to ensure a full understanding of stall phenomena. This training should also include understanding AOA concepts and how elements such as weight, center of gravity, turbulence, maneuvering loads, and other factors can affect an airplane’s stall characteristics.

Pilots should:
Be prepared to recognize stall characteristics and warning signs, and be able to apply appropriate recovery techniques before stall onset.
Be honest with themselves about their knowledge level of stalls, and their ability to recognize and handle them.
Use effective aeronautical decision-making techniques and flight risk assessment tools during both preflight planning and inflight operations.
Manage distractions so that they do not interfere with situational awareness.
Understand, properly train, and maintain currency in the equipment and airplanes they operate.
Take advantage of available commercial trainer, type club, and transition training opportunities.
Realize stall characteristics can vary with aircraft loading and are usually worse at aft CG (center of gravity).

Airplane owners should consider installing an AOA indicator, which, coupled with pilot understanding and training on how best to use it, can enhance situational awareness during critical or high-workload phases of flight.

The Federal Aviation Administration, aviation advocacy groups, type clubs, and manufacturers, including kit manufacturers, are creating and maintaining educational initiatives that include general principles, best practices, and operational specifics as they relate to loss of control. These resources can be helpful in learning effectiveness countermeasures. All stakeholders should recognize the importance of their roles in the reduction of loss-of-control accidents. However, individual pilots play the most critical role; they have both the ultimate responsibility and the ultimate opportunity to reduce these needless accidents through ongoing education, flight currency, self-assessment,use of available technologies, and vigilant situational awareness in the cockpit. 

Related Accidents 

February 22, 2014; LaGrange, GA; ERA14FA128; 3 dead
December 12, 2013; Collbran, CO; CEN14FA084; 3 dead
August 9, 2013; East Haven, CT; ERA13FA358; 4 dead
February 14, 2013; St. Lucie, FL; ERA13FA201; 1 dead

Quite simply, drivers, pilots, and other vehicle operators do not always have their minds on the road, waterway, sky, or track

Disconnect from Deadly Distractions




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What is the issue?

Quite simply, drivers, pilots, and other vehicle operators do not always have their minds on the road, waterway, sky, or track. But focusing on any other task other than what’s up ahead impairs performance and can lead to deadly consequences.

It is not only portable electronic devices (PEDs) that can distract us during vehicle operations, although PEDs have magnified the dangers of distraction in recent years.

Since 2003, the NTSB has found PED distraction as a cause or contributing factor in 11 accidents that killed 50 people and injured 259. And the NTSB does not even investigate the majority of highway crashes.

According to the National Highway Traffic Safety Administration (NHTSA), 3,179 people died in 2014 in vehicle accidents where the driver was distracted. Many of those victims were the drivers themselves. NHTSA reports that drivers engaging in visual-manual tasks, such as dialing or texting, triple their risk of a crash.
In 2013, the AAA Foundation for Traffic Safety reported that more than two out of three drivers indicated that they talked on a cell phone while driving within the past 30 days. More than one of three drivers admitted to reading a text message or e-mail while driving, and more than one of four drivers admitted to typing or sending a text or e-mail.

A 2015 report from State Farm revealed a new staggering trend: nearly 30 percent of drivers surveyed admitted to accessing the Internet while driving. That compares to just 13 percent who admitted to surfing the Web while driving in 2009.
In more heavily regulated transportation industries like aviation, marine and rail, communicating with crew and dispatchers, checking instruments and equipment, and handling scheduled procedures may be part of their work duties. But, like in private motor vehicles, engaging in tasks that don’t support the driving or operating task can have deadly consequences.
What can be done?

Since people have limited attention, each auxiliary task impairs our processing of the primary task. For safety-critical operations, distraction must be managed, even engineered, to ensure safe operations.

It will take a cultural change for drivers to understand that their safety depends on disconnecting from deadly distractions. In regulated transportation, the strict rules that already minimize the threat of distraction on paper must be embraced by every operator on every trip, and where we learn that distraction can be eliminated, reduced, or mitigated, regulators should act to do so.

The first step toward removing deadly distractions will be to disconnect from non-mission-critical information. For decades, aviation has recognized the need for “sterile cockpit” procedures that restrict activities and conversations to the task at hand. But all modes of transportation need to rise to today’s distraction challenges. That’s why, in December 2012, we called for a driver ban for all PEDs. We have issued similar recommendations for aviation, marine, and rail.

The public agrees. In June 2014, the National Safety Council reported that 73 percent of drivers think that more enforcement of texting laws is needed. And the AAA Foundation for Traffic Safety reported that 85 percent of Americans think that other drivers who talk on cell phones are a threat to safety.

But currently only 14 states and the District of Columbia ban the use of hand-held cell phones while driving. The District of Columbia and 37 states restrict the use of cell phones by novice drivers, and 44 states and the District of Columbia ban text messaging while driving. None ban the use of hands-free devices.

Public education continues to be important for reaching drivers, operators, and safety-critical personnel about the dangers of distractions. Likewise, we need to continue to build our technical understanding of distraction arising from auxiliary tasks in regulated transportation, especially as regards new vehicle technologies that require real-time operator attention. Advances in these areas will support regulatory efforts and lead us toward a cultural norm that encourages and supports operators to remain disconnected from deadly distractions. 

Related Accidents 

Aviation: August 26, 2011; Mosby, MO; CEN11FA599; 4 dead
Marine: July 7, 2010; Philadelphia, PA; DCA10MM025; 2 dead
Highway: August 5, 2010; Gray Summit, MO; HWY10MH018; 2 dead
Rail: September 12, 2008; Chatsworth, CA; DCA08MR009; 25 dead

NTSB investigator: The single-engine Cirrus SR-20 Plane was flying too high to land before deadly crash in Texas

By Will Axford and Mike Glenn
Updated 9:16 am, Friday, June 10, 2016










Photo: Jon Shapley / Houston Chronicle


On Friday, June 10, 2016, a crew works to remove the wreckage of a small plane from a parking lot where it crashed Thursday killing three people, in Houston.






Air traffic controllers at Hobby Airport on Thursday twice ordered the pilot of a small private plane to go around and make another attempt at a safe landing before it crashed into a nearby parking lot, killing the three people who were aboard.

The single-engine Cirrus SR-20 crashed shortly after 1 p.m., striking a car parked at an Ace Hardware store in the 6800 block of Telephone - about a mile northwest of the airport. The pilot and two passengers were killed on impact.

An investigator with the National Transportation Safety Board said the tower at Hobby Airport told the pilot the airplane was approaching the runway at too high an altitude.

"On the second approach, they were also too high. The air traffic controller again directed the aircraft to go around," said NTSB investigator Tom Latson.

As it was making a third attempt to land at Hobby, the airplane apparently stalled and lost power. Witnesses saw it dive nose-first toward the ground, Latson said.

The airplane collided with a car but narrowly missed any nearby buildings, power lines and a propane tank. There were no other reported injuries.

"That is remarkable," Latson said.

The airplane departed from the airport in Norman, Okla. about 10:15 a.m. Thursday for the flight to Houston. According to the Federal Aviation Administration, the airplane is owned by Safe Aviation LLC in Moore, Okla.

Latson did not identify the pilot or passengers, saying that would be up to the Harris County Institute of Forensic Sciences.

In a Facebook post on Thursday, the Thunder Valley Raceway Park in Noble, Okla. identified the victims as Tony Gray, his wife Dana and brother Jerry.

"Everyone at (Thunder Valley Raceway Park) would like to extend our deepest sympathies to the Gray family. We have no words to describe the loss to the (Thunder Valley Raceway Park) family, as the Gray family have been long time racers, sponsors, and friends at the track," they said in the Facebook post. They ended it with: "Race in Peace."


FAA records also list a Dana Frances Gray from Moore, Okla., as having a license to be a private pilot. But, it wasn't immediately known Thursday whether she was at the controls during the fatal crash.

The airplane was equipped with a unique parachute system that is designed to prevent such crashes. If necessary, the pilot can pull a handle on the cockpit ceiling that will trigger the Cirrus Airframe Parachute System. It is designed to provide a crucial extra layer of safety.

When the handle is pulled, a rocket will shoot out and draw out a parachute. The force of the rocket also releases straps once connected to the fuselage that within seconds become part of the harness for the unfurling parachute.

"It appears the rocket motor deployed either immediately before or just after impact," Latson said. "The rocket motor did deploy (but) the parachute did not."

On Thursday, a spokesman for the Duluth, Minn.-based Cirrus Aircraft could not be reached for comment. Last year, a private plane with the same parachute system successfully set down in a neighborhood cul-de-sac in northwest Harris County after the pilot reported having engine problems. Company officials have said their system works when the plane is at least 500 feet above the ground and flying about 130 knots.

The investigation into Thursday's fatal crash will continue Friday. The manufacturer of the aircraft and the engine will be involved in the inquiry. After that, the aircraft will be taken to Dallas and stored in a secure facility until the investigation continues, Latson said.

Chron.com's Craig Hlavaty contributed to this report.