This blog presents Metropolitan Engineering Consulting & Forensics (MEC&F) claim management and claim investigation analyses of some of the typical claims we handle
Explosion reported taking place in engine room of a product tanker WEICHSELSTERN , which was anchored on Neue Weser Anchorage, north of Wilhelmshaven, North sea, at night Aug 18. Second and Third engineers reported to suffer serious burns, both were taken to hospital in Hamburg.
As of afternoon Aug 22, vessel was in the same position, understood there were some damages inflicted by explosion.
General cargo vessel and tanker collision, North sea: UPDATE and photos
Aug. 23, 2016 at 03:24 by Mikhail Voytenko
Aug 21: General cargo vessel SE PACIFICA and product tanker KING EMERALD collided at Nieuwpoort anchorage, Belgium, in the morning Aug 20. Both vessels were anchored, KING EMERALD anchor dragged, vessel started to drift and allided with SE PACIFICA .
As of morning Aug 21, both vessel are positioned near collision site, KING EMERALD marked as “underway” but looking more “drifting” with some 1 knot speed, SE PACIFICA is marked as “not under command”.
Tug ZEEHOND (IMO 8843549) is cruising nearby, moving in legs from one vessel to another. Aug 23 UPDATE: SE PACIFICA reportedly is to be towed to Vissingen for repairs. KING EMERALD was docked in Antwerp on Aug 22.
West Chester Township, Ohio police are investigating whether railroad crossing gates worked properly after a train crash sent one man to the hospital Tuesday afternoon.
Cameron Knight and Keith BieryGolick, kbierygolick@enquirer.com
5:48 p.m. EDT August 23, 2016 The man appeared to be seriously injured, according to witnesses at the scene. Township Spokeswoman Barb Wilson said he was driving across the tracks on Ohio 747 north of Port Union Road when the train collided with his vehicle at about 1:30 p.m.
No one else was injured, according to Sgt. Todd Campbell.
The collision ripped off the SUV's front bumper and forced the vehicle down the tracks and off the road toward a creek. Multiple witnesses at the scene said the SUV was already on the railroad before the crossing gates came down. One person said he didn't hear any warning signals either.
West Chester Township police investigate a crash between an SUV and a train on Tuesday. (Photo: The Enquirer/Keith BieryGolick)
Campbell was reluctant to comment on witness statements that crossing gates had not come down.
"We're not sure," he said.
In addition to talking to witnesses, Campbell said police will speak with train officials as well.
The condition of the victim is unknown. His identity has not been released. Ohio 747 was closed for several hours but reopened before 6 p.m.
One man was taken to the hospital after his vehicle was hit by a train and pushed into a wooded area near the road. (Photo: The Enquirer/Keith BieryGolick)
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WEST CHESTER TWP. , OHIO—
West Chester Twp. police are investigating if crossing gates were working correctly after a man was seriously injured when an SUV and a train collided.
Police responded just after 1:30 p.m. Tuesday to a 911 call and found a black Infiniti SUV hit broadside and pushed into a nearby tree line by a train on railroad tracks along Ohio 747 between McKenzie Court and Port Union Road.
“We are determining why the car was in the crossing when the train was coming through,” Sgt. Todd Campbell said. “There are crossing gates there and right now that’s part of the investigation, to see and make sure they were functioning correctly or if the car went around them or what the cause of the accident might be.”
One man was critically injured in the crash and was transported to West Chester Hospital.
Campbell said it took the train “awhile” to stop after the collision. He did not know what the train was transporting or the number of cars in the train.
He said he could not recall a previous crash at that crossing. A traffic safety unit was at the scene and was mapping evidence.
Ohio 747 was closed for a few hours between Port Union Road and Union Centre Boulevard while police completed their work.
For many employers, post-accident drug
testing has become routine. Through such testing, employers seek to
enhance workplace safety and reduce workers’ compensation claims. A
recent “anti-retaliation” rule issued by the U.S. Occupational Safety and Health Administration (OSHA) on May 12, 2016, however, calls into question the wisdom of continuing to use blanket post-accident drug testing.
New Limits Intended to Promote Workplace Injury Reporting
OSHA’s
new rule ostensibly is designed to promote timely reporting of
workplace injuries and protect reporting employees against retaliation.
At the same time, the rule makes clear that employer drug testing
programs used in cases where an injury is unlikely to have been caused
by drug impairment and where the test applied cannot measure such
impairment will be subject to scrutiny as retaliatory. If deemed
retaliatory, OSHA can levy fines against the employer.
Under
the rule, by August 10, 2016, employers must have established “a
reasonable procedure” for employees to timely report work-related
injuries and illnesses. The rule prohibits the reporting procedure from
deterring or discouraging an employee from accurately reporting a
workplace injury or illness.
The rule also prohibits employer
retaliation for an employee’s reporting of an injury or illness and
contains a built-in bias that post-incident drug testing deters such
reporting. Specifically, it bars any “adverse action that could well
dissuade a reasonable employee from reporting a work-related injury or
illness.”
OSHA states that “blanket post-injury drug testing policies
deter proper reporting” and concludes that such drug testing may
constitute an “adverse employment action.” Unless an employer “limit[s]
post-incident testing to situations in which employee drug use is likely
to have contributed to the incident, and for which the drug test can
accurately identify impairment caused by drug use,” the employer faces
OSHA scrutiny and potential penalties.
According to OSHA:
“Although
drug testing of employees may be a reasonable workplace policy in some
situations, it is often perceived as an invasion of privacy, so if an
injury or illness is very unlikely to have been caused by employee drug
use, or if the method of drug testing does not identify impairment but
only use at some time in the recent past, requiring the employee to be
drug tested may inappropriately deter reporting.”
OSHA states that only testing where
drug use likely contributed to the accident and that accurately tests
for impairment will be immune from enforcement action under the new
rule:
“For example, it would likely
not be reasonable to drug-test an employee who reports a bee sting, a
repetitive strain injury, or an injury caused by a lack of machine
guarding or a machine or tool malfunction. Such a policy is likely only
to deter reporting without contributing to the employer's understanding
of why the injury occurred, or in any other way contributing to
workplace safety.”
Potential Fines Increased Significantly
Based
on a finding that a drug testing policy deters employees from reporting
injuries and illnesses, OSHA presently may levy penalties up to $7,000
per violation. For willful violations, penalties up to $70,000 may be
levied. These amounts are expected to increase to as much as $12,471 and
$124,712, respectively, in August 2016.
Employer Take-Aways: Post-Accident Drug Testing Policies
Blanket post-accident testing policies should be reviewed.
Employers with blanket post-incident or post-accident drug testing
policies may need to defend a decision to test an employee based on the
facts of the incident or accident. While courts have yet to weigh in on
OSHA’s rationale that a drug test, standing alone, is a form of an
“adverse employment action,” employers should exercise caution when
considering administering such tests.
It is
prudent for employers to review blanket drug testing policies in order
to minimize scrutiny by OSHA. Post-accident drug testing might be
advisable only in those instances where it appears that drug use caused
or contributed to the accident and where the test used can establish
impairment.
Employers may well have cause to stand by a blanket policy,
but if such a position is taken, the employer should document the
rationale for keeping the policy in light of this new rule (e.g., the
policy is part of a workers’ compensation carrier’s guidelines or is in
response to other considerations that show the policy does not deter
reporting of work place injuries and is not retaliatory).
Cal/OSHA Cites Kittyhawk Inc. $73,105, a Metal Processing Company, after Preventable Accident Asphyxiates Worker
Santa Ana—Cal/OSHA has cited Kittyhawk Inc. $73,105 for serious safety violations following a March 13, 2016 confined space accident in which a worker was asphyxiated. Cal/OSHA investigators found the Garden Grove-based metal processing company failed to comply with confined space regulations that resulted in the serious illness.
On March 13, a Kittyhawk supervisor sent an untrained production assistant into a pressure vessel furnace to perform maintenance on it. The assistant did not have an oxygen sensor with him when he descended into the unit, which is only 49 inches wide and 98 inches tall, and was filled with argon gas. Argon is a noble gas that is chemically inert under most conditions and is colorless, odorless, and much heavier than air.
When the worker was overcome by the argon gas and collapsed inside the unit, a second worker went in after him and became dizzy and lost consciousness. A third employee then took a nearby fan and blew fresh air into the confined space, which provided air to breathe. The first worker spent four days in a hospital receiving treatment for his illness, and the second employee was transported to the hospital and was treated and released.
“Confined spaces can be deceptively dangerous,” said Cal/OSHA Chief Juliann Sum. “Employers must take special precautions to evaluate and monitor the hazards and prepare for emergency rescues.”
Cal/OSHA cited Kittyhawk Inc. for nine safety violations including three serious, three serious accident-related and three general in nature These violations involved Kittyhawk’s failure to identify permit-required confined spaces, train the employees to safely perform their work in these confined spaces, failure to monitor the atmospheric conditions in a confined space during maintenance, and failure to develop effective rescue and emergency procedures for rescuing endangered employees from confined spaces.
Cal/OSHA first adopted confined space regulations in 1978 in order to prevent fatalities and serious injuries. California defines a permit-required confined space as one that has limited entry and exit openings, is not designed for continuous worker occupancy and has one or more of the following characteristics: Has a hazardous or potentially hazardous atmosphere including too little or too much oxygen, and/or presence of toxic gases. Has a material that can engulf an employee, such as grain, sand or sugar. Has an internal layout (such as floors that slope downwards) that can trap or asphyxiate a worker. Has any other serious safety or health hazard, such as machinery with moving parts, sources of electrical shocks, burning or drowning hazards.
More information on confined spaces is available on the Cal/OSHA website, including information for employers who would like free assistance developing a plan to minimize the occurrence of confined-space accidents.
A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition. More information about the types of citations and penalties that they carry can be found in the User’s Guide to Cal/OSHA.
Cal/OSHA helps protect workers from health and safety hazards on the job in almost every workplace in California. Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their health and safety programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.
Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). The California Workers’ Information line at 866-924-9757 provides recorded information in English and Spanish on a variety of work-related topics. Complaints can also be filed confidentially with Cal/OSHA district offices.
Thirteen people were hospitalized Sunday after an accident involving more than two dozen vehicles on an interstate north of Atlanta, officials told NBC News. Traffic is backed up on Interstate 75 north of Atlanta after an accident involving 27 to 30 vehicles Sunday. Georgia Department of Transportation
The victims were ages 11 to 61, said Brad Cothran, a spokesman with the Bartow County Department of Emergency Medical Services. Injuries included everything from minor neck pain to a hip fracture, he said, adding that there were no deaths.
Cothran said it appeared that a brief but severe storm was behind the accident, which occurred about oughly 5 p.m. ET on I-75 northwest of Atlanta.
Cothran said 27 vehicles were involved in the crash. Karlene Barron, a spokeswoman with the Georgia Transportation Department, said that 30 vehicles were involved, including two tractor-trailers.
NBC station WXIA of Atlanta reported that the National Traffic Safety Board has been called in to investigate.
Over 75,000 CenterPoint Energy customers are without power.
Updated 5 mins ago
HARRIS COUNTY, TEXAS (KTRK) -- A CenterPoint Energy substation fire prompted a shelter-in-place Tuesday afternoon in northwest Harris County. According to CenterPoint, approximately 75,000 customers have lost power due to the fire.
Authorities were called to the scene of the fire at 12801 Grant Road just after 5pm. Crews conducted several tests to cool off the building before further equipment was destroyed. CenterPoint says its customers could be without power for 10 to 12 hours.
Lone Star College says its Cy-Fair location will remain closed until Wednesday morning.
CenterPoint Energy says its working to re-route power at this time. To track the outage in your area, CLICK HERE.
Three people were critically injured when a taxi cab jumped a curb along San Francisco's Market Street. (KGO-TV)
by Leslie Brinkley Updated 23 mins ago
SAN FRANCISCO (KGO) -- Three people were critically injured when a taxi cab jumped a curb along San Francisco's Market Street.
The injured include the taxi driver, as well as two people who were standing on the sidewalk. The crash happened around 3 p.m., not far from the Montgomery BART station at Market Street near Sutter Street.
Witnesses say the yellow cab was flying down Market Street when it went over the curb at Sutter Street and crashed into an advertising kiosk and a shoeshine stand where two people were working.
PHOTOS: Taxi crashes into pedestrians in SF Financial District
Injuries were reported after a taxi crashed into pedestrians in San Francisco's Financial District on Tuesday, August 23, 2016. (KGO-TV)
"I just heard a crash, but what I did see was the old man flying up in the air, like something out of a movie, like something unbelievable. He laid down of the ground and he wasn't moving," said Susan Marie Giammona, a witness.
Another man in his 40s she says was buried in debris. The cab driver stumbled out of the taxi and collapsed on the sidewalk.
"There are three people who are facing life-threatening injuries from this collision. Two of them were at the shoe shine stand and one was the driver. They have all been transported to local trauma centers," said San Francisco police Officer Grace Gatapandan.
Giammona was only 4 feet away from the crash in her jewelry stand. She said people stopped to help, calling them the angels of San Francisco, as she called 911.
An investigation into the cause of the crash is underway. The right lane of westbound Market Street is only open to delivery trucks and taxis.
"I see them going down here 60 miles an hour, sometimes more, to get to their next destination. And this is what happens. He was going very fast," Giammona said.
Three ambulances and three fire engines responded within six minutes. A crowd of people stood around the accident scene Tuesday afternoon in disbelief saying they pass the shoe shine stand every day and see the stand that's been there for at least 20 years. They said they are hoping and praying everyone pulls through.
Anthony Johnson has the story. (Photo: New Jersey Department of Environmental Protection)
Eyewitness News Tuesday, August 23, 2016 06:18PM KEANSBURG, New Jersey (WABC) -- Hundreds of thousands of fish turned up dead in a creek in New Jersey this week, prompting environmental officials to investigate.
The Department of Environmental Protection said the dead fish found in Waackcaack Creek in Keansburg are peanut bunker, which is a name used to describe Atlantic Menhaden when they are first developing after hatching. Officials believe they were likely chased into the creek by either bluefish or skates.
The peak of the dead fish appeared to be Saturday, said Bob Considine, a spokesman for the DEP.
"Although the water is tidal, the creek and other surrounding waters where the fish have washed up can get stagnant during certain tides and we believe at this point that the die off is due to dissolved oxygen levels in the water," Considine said.
See what the fish kill looked like from above, via NewsCopter 7:
See the view of the fish kill in Waackcaack Creek in New Jersey from NewsCopter 7. The DEP added that there was another die-off last week, although it was smaller.
Scientists said it's not unusual for something like this to happen during hot summers. Residents said the same thing happened there about 8 years ago.
The number of dead fish has since decreased as some of them carried away with the tide or have been eaten by birds or crabs.
The biggest impact for the nearby homes is the odor. Residents said the smell of dead, rotting fish is awful.
Deputy: APS worker injured after touching power line in Tonopah The Republic | azcentral.com 5:52 p.m. MST August 23, 2016
An Arizona Public Service Co. worker was flown to a hospital Tuesday afternoon after he came in contact with a power line in Tonopah, according to a Maricopa County sheriff's official.
The utility employee was working in a bucket truck in the area of 539th Avenue and Lower Buckeye Road when he received an electric jolt at 1:39 p.m., according to Deputy Joaquin Enriquez, a Sheriff's Office spokesman.
"This is the worst fear for electric utility workers — to see one of our own injured on the job," said Anna Haberlein, an APS spokeswoman. "The dangers associated with working around electricity are real, and our first responders in the field are trained and committed to protecting each other and keeping the lights on for customers. Our thoughts and prayers are with our employee and his family during this difficult time."
Haberlein would not name the employee but said he has worked at APS for 10 years.
The worker was flown to Maricopa Integrated Health System in Phoenix. Enriquez said the man's condition was not available.
SE PACIFICA 
KING EMERALD 
