OSHA issues new guidance on settlement approval in whistleblower cases

September 15, 2016
Contact: Office of Communications
Phone: 202-693-1999

OSHA issues new guidance on settlement approval in whistleblower
cases

WASHINGTON - The Occupational Safety and Health Administration has published new guidelines for approving settlements between employers and employees in whistleblower cases to ensure that settlements do not contain terms that could be interpreted to restrict future whistleblowing. The guidelines, issued Sept. 9, make clear that OSHA will not approve a whistleblower settlement agreement that contains provisions that may discourage whistleblowing without outright prohibiting it, such as:

• Provisions that require employees to waive the right to receive a monetary award from a government-administered whistleblower award for providing information to a government agency about violations of the law.
• Provisions that require the employee to advise the employer before voluntarily communicating with the government or to affirm that the employee is not a whistleblower.

OSHA also reserves the right not to approve settlements with liquidated damages provisions that it believes are excessive. The new guidance responds to a March 2015 petition for rulemaking from the Government Accountability Project.

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 www.osha.gov.

###

Male driver is dead after he ran a stop sign near Caruthers, CA and was T-boned by a pickup truck

One man is dead after CHP officers said he ran a stop sign near Caruthers. (KFSN)

Wednesday, September 14, 2016 11:42PM
CARUTHERS, Calif. (KFSN) -- One man is dead after CHP officers said he ran a stop sign near Caruthers.

Officers say the man was driving this white Crown Victoria eastbound on Mountain View at Cornelia and didn't stop. They said he was broadsided by a pickup.

The impact of the crash caused the truck to overturn and killed the driver of the car. The man was not wearing a seat belt, but officers say the impact was so severe it likely would not have saved his life.

The female driver of the truck was taken to Community Regional Medical Center with moderate injuries.

Male driver killed, Del. State Trooper seriously injured in crash on Route 1 in Dover, DE

 

Updated 2 hrs 17 mins ago
DOVER, Del. (WPVI) -- A civilian was killed and a Delaware State Police Trooper was injured in a crash on Route 1 in Dover.

It happened around 6 p.m. Thursday in the southbound lanes at Exit 98 (North Little Creek Road Exit).

A preliminary investigation indicates the crash involved a state police vehicle and a passenger car.

The person in the passenger car was pronounced dead at the scene.

The trooper was airlifted from the scene to an area hospital with apparent nonlife-threatening injuries.

Route 1 southbound at Exit 104 (Scarborough Road) is closed. Commuters are advised to seek alternate routes of travel.

A 28-year-old man is dead, 2 seriously injured after a seven-vehicle pileup on Highway 6 in Houston, Texas

Katherine Whaley has a sad update about a major wreck on Highway 6

Thursday, September 15, 2016 12:41PM
HOUSTON (KTRK) -- A 28-year-old man is dead after a seven-vehicle pileup this morning on Highway 6.

Two other people were seriously hurt in the crash. Another man was sent via LifeFlight to the hospital and is now in critical condition. One other person was sent to the hospital with life-threatening injuries. That person's condition and identity have not been released.

All lanes are now back open, though the investigation is ongoing.

The fatal accident happened just before 6:30am.

HPD says the person who died was driving a black Honda Accord northbound on Highway 6 when he suddenly failed to stay in a single lane, crossed over into oncoming traffic and struck a silver Hyundai Sonata traveling southbound. The Hyundai then veered right and struck a concrete wall. The Honda was then struck by a blue Chevrolet pickup truck.

A silver Ford Focus traveling northbound on Highway 6 slowed down to avoid the crash and was struck from behind by a silver Ford F-150 pickup truck. The pickup truck then veered to the left, crossed into southbound lanes of Highway 6 and struck a black Hyundai Sonata traveling southbound. The pickup truck was then struck by a red Toyota Prius also traveling southbound on Highway 6.

The driver of the Chevrolet pickup truck was transported to Houston Methodist West Hospital with possible life-threatening injuries. The drivers of the other vehicles involved were not hurt.

3 students injured after a Raleigh school bus collides with a Turf & Scapes Residential & Commercial Landscaping truck

A school bus was involved in an accident in Wake County Thursday afternoon

By Angelica Alvarez
Updated 1 hr 14 mins ago
RALEIGH (WTVD) -- Three Wake County students ended their school day at Wake Med Children's Hospital.

Their school bus was involved in a crash Thursday afternoon just after 3 p.m.

"All we heard was like boom, boom, boom!" described Southeast Raleigh 10th-grader Dasia Newman.

According to first responders on scene, Newman was one of 33 students on bus 1417. It was transporting students from Southeast Raleigh High School, Centennial Magnet Middle School and Vernon Malone College and Career Academy.

The bus was heading north on Lead Mine Road and a Turf & Scapes Residential & Commercial Landscaping truck was heading south when suddenly the two driver sides collided.

"A girl in front of me, she hit her head when the truck hit the bus, going to the right, she hit her head kind of hard" Newman recalled. "I was like, I need to call my mom, I need to call my mom fast, fast, fast!"

Rae Boney's son, Sebastian, is a freshmen at Vernon Malone. She said she couldn't believe it when she got a call from him.

"Normal crazy day, get a phone call from the kid, 'Mom the bus has been in a car accident,' " Boney said.

"Buses don't have seatbelts so that's always a concern," Boney added.

An EMS supervisor told our crew four children from the bus were evaluated. Three of those four students were taken to Wake Children's Hospital.

The rest of the students waited on another bus until their families picked them up.

EMS told our crew there was only one person in the landscaping truck, and he declined to be taken to the hospital.

There is no word yet on what caused the accident. Raleigh police said with so many people involved, it will be more than a day before their final report is out.

OSHA Latest Enforcement Cases

OSHA Enforcement


Georgia auto parts manufacturer, staffing agency face more than $700K in penalties for continuing to expose workers to hazards





In response to a worker complaint and as part of the agency's Regional Emphasis Program on Safety Hazards in the Auto Parts Industry, OSHA conducted an inspection at HP Pelzer Automotive Systems Inc. in March 2016. OSHA cited the company and Sizemore Inc., a staffing agency it employs, with 24 safety violations for fall, amputation, and electrocution hazards, including 12 repeated citations for HP Pelzer. "This is the third inspection of the HP Pelzer plant where OSHA has identified numerous hazards, many repeated, related to unsafe working conditions," said William Fulcher, OSHA's area director in the Atlanta-East Office. The two companies face a total of $704,610 in penalties, including fines of $49,884 for the staffing agency. Sizemore had approximately 300 temporary employees assigned to HP Pelzer at the time of the inspection, but terminated its contract in May 2016 for reasons including safety concerns for its employees. For more information, see the news release.


Nebraska grain handling facility faces $400K in penalties after worker suffocates in soybean bin





An elevator superintendent clearing debris from a soybean bin suffocated when his lifeline became entangled in an unguarded and rotating auger. OSHA's investigation of his employer, Cooperative Producers Inc., of Prosser, Neb., found several violations of the agency's grain handling standards including failure to: disconnect a subfloor auger and test atmospheric conditions in grain bins before allowing workers to enter; implement lockout/tagout procedures; and install machine guarding to avoid contact with moving machine parts. The company was issued willful and serious violations and proposed penalties of $411,540. This is the seventh time since 2011 the company has been cited for similar violations. It has been placed in the agency's Severe Violator Enforcement Program. For more information, read the news release.


TimkenSteel fined $113K after worker dies from nitrogen exposure at Ohio plant





A worker for TimkenSteel Corp. was found dead in the facility's elevator control room after a nitrogen leak caused an oxygen-deficient atmosphere. The worker was performing a monthly fire extinguisher check. OSHA cited the Canton, Ohio, steel mill for six safety violations for failing to protect workers from potentially hazardous atmospheres, and failing to train workers on the hazards of using nitrogen-powered pneumatic tools. OSHA responded to a safety complaint two days prior to the fatality and found that the company exposed workers to fall hazards of up to 20 feet and failed to install guardrails on walkways. Proposed penalties total $113,131. Read the news release for more information.


Connecticut diagnostic laboratory cited for not protecting workers from chemical hazards





Complaints of sore throats, headaches and difficulty breathing from employees of Quest Diagnostics Corp.'s Ameripath laboratory resulted in an OSHA inspection of the Bridgeport, Conn., facility. Inspectors found violations of the agency's laboratory safety standard. Other violations included failing to: allow appropriate medical examinations for workers showing symptoms of exposure to hazardous chemicals; train workers on how to detect the presence of hazardous chemicals; and implement a chemical hygiene plan for lab workers.


"A laboratory chemical hygiene plan is not a paper exercise."

— OSHA Area Director Robert Kowalski


"A laboratory chemical hygiene plan is not a paper exercise," said Robert Kowalski, OSHA's area director in Bridgeport. "It's a continuous ongoing process that is key to preventing employees from being sickened by the hazardous chemicals with which they work." The company was cited for 17 safety violations and proposed penalties of $152,435. Read the news release for more information.


Two Florida contractors face $267K in fines after continuing to expose workers to deadly fall hazards





After citing AJ New Construction and Repair Inc. of St. Johns, Fla., in 2014 and again in 2015 for repeated and serious violations of workplace safety standards, OSHA recently inspected two company sites and issued new citations. The latest citations — one willful and one repeated violation — were issued in August after the company allowed its employees to work from heights up to 10 feet without fall protection. Proposed penalties total $139,000. For details, see the news release.

After conducting another construction site inspection in Florida recently, OSHA cited Rogero & Williams Roofing Contractors Inc. of St. Augustine for one willful and one serious safety violation. OSHA found employees at a residence performing re-roofing work without fall protection. The employer also failed to require a worker to wear eye protection while using a blower to move debris. Proposed penalties total $128,077. For information, see the news release.

"Falls are a leading cause of death in the construction industry and can be prevented if employers ensure workers are protected with a fall protection system," said Brian Sturtecky, OSHA's area director in Jacksonville. More life-saving information about preventing falls is at OSHA's Stop Falls webpage.


State Plan enforcement cases





The following are recent examples of enforcement cases from state occupational safety and health programs. For more examples of state and federal enforcement cases, visit OSHA's online enforcement penalties map.

The Washington Department of Labor & Industries issued $51,500 in fines to Alki Construction LLC of Seattle after an inspection revealed safety violations that contributed to the death of a worker in a trench collapse. WA L&I inspectors determined that the company failed to install a protective system to prevent cave-ins, provide a ladder or other safe means to exit the trench, and establish a formal prevention program addressing trenching and excavation hazards. For more information, see the news release.

California OSHA issued $101,385 in penalties to SW Forage LLC of Hesperia following a February incident where a worker was caught and killed in a forage compactor. Cal/OSHA inspectors concluded that the company failed to properly label, stop and de-energize machine movements during cleaning and servicing, exposing the worker to fatal injuries. The company also failed to train workers on hazardous energy control procedures and did not provide guardrails on all open sides of elevated work locations.

Newbuild giant YM WIND victim to Typhoon MERANTI

Sept. 15, 2016 at 04:06 by Mikhail Voytenko


A newbuild YM WIND broke off her moorings at CSBC Corp. Shipbuilding Yard and drifted across the bay, landing at Sixth Container Center operated by Yang Ming Marine Transport Corp. Giant vessel contacted two gantry cranes, crushing them down. Vessel was put under control by several tugs. 153,500 ton YM WIND of 14,000 TEU capacity is to be delivered to 10-year charterer, Canadian Seaspan, in March-April next year, probably delivery will be postponed. Vessel is insured, scale of damages unknown, but definitely there were no major damages. Container terminal said to suffer serious damages, which will hamper scheduled cargo operations. 

On photos YM WIND at Container Terminal. One photo by SAM YEH/AFP/Getty Images.







Strongest typhoon in 21 years hits Taiwan

AFP on September 15, 2016, 12:46 am
Strongest typhoon of the year Meranti hits Taiwan

Taipei (AFP) - Parts of Taiwan came to a standstill Wednesday as super typhoon Meranti brought the strongest winds in 21 years, while China issued a red alert for waves as the storm bore down on the mainland.

Meranti brought violent winds and torrential rain to eastern and southern Taiwan as it skirted past the island's southern tip, with Hengchun's observation station recording the strongest winds in its 120-year history according to Taiwan's Central Weather Bureau.

The typhoon, which was moving northwest into the Taiwan Strait, is expected to make landfall in Southern China on Thursday in Fujian and Guangdong provinces, the country's official Xinhua news agency said.

Authorities have initiated a class-II emergency response, the second highest.

Residents were told to stay indoors while ships were ordered to head back to harbour as monster waves were expected. China?s National Marine Environmental Forecasting Center upgraded its warning level for ocean waves to "red", the highest in a four-tiered, colour-coded warning system, Xinhua reported.

At 1000 GMT, Meranti was 60 kilometres (37 miles) south-southwest of Taiwan's Penghu island, packing gusts of up to 227 kilometres per hour.

"It is the strongest typhoon to hit Taiwan in 21 years in terms of maximum sustained wind near the centre," said forecaster Hsieh Pei-yun.

Southern Kenting, a tourist destination known for its white sand beaches, was battered by winds and floods.

Residents in a fishing port in southern Taitung county woke up to find that a small lighthouse had disappeared and believed that powerful winds blew it into the sea, as waves almost 10 metres high lashed the shore in the area, reports said.

Trucks were overturned and roofs were blown off while electricity poles and trees were uprooted by winds in some southern areas.

In the port city of Kaohsiung, at least 10 cargo ships broke from their anchors, including a 140,000-tonne vessel that rammed into two cargo cranes, according to local authorities.

Many cargo containers that were piled high in the port's storage yards were blown off and scattered on the ground.

There were no reports of fatalities although nine people suffered minor injuries during the typhoon, according to the Central Emergency Operation Centre.

Armoured vehicles were sent into Pingtung county to evacuate residents as flood waters reached a metre high.

- Festival wash-out -

School and work were cancelled for most eastern and southern counties, and the typhoon knocked out power for nearly 650,000 households.

There were severe travel disruptions for the Mid-Autumn Festival long weekend, which starts Thursday, as over 300 domestic and international flights were cancelled and trains running along the east coast were halted.

More than 130 ferry services to offshore islets and to several Chinese coastal cities were also suspended, officials said.

The coastguard was forced to cancel a ceremony to launch two new ships in Kaohsiung while a maritime and defence expo in the city had been postponed, officials said.

The storm was forecast to have dumped as much as 800 millimetres (31.5 inches) of rain in mountainous areas, potentially triggering landslides.

Close to 1,500 people were evacuated from at-risk areas, with about half in temporary shelters, an official tally showed.

Another storm brewing east of the Philippines may also affect Taiwan later this week.

The weather bureau's Hsieh said typhoon Malakas was expected to be closest to the island on Friday and Saturday, but was unlikely to make landfall.

Three people were killed and hundreds were injured in July when super typhoon Nepartak pounded Taiwan.

The island's worst typhoon death toll came in 2009 when Morakot left more than 600 dead, including 400 people who were buried by mudslides triggered by torrential rains.

Two structures, including a fourplex, were severely damaged in a three-alarm fire in Broadmoor in New Orleans, LA

Two Broadmoor homes engulfed in 3-alarm blaze, no injuries reported
New Orleans Fire Department battles a three-alarm blaze in an abandoned house in the 4200 block of South Rocheblave Street that spread to the neighboring apartment building on Thursday morning, September 15, 2016. (Photo by Michael DeMocker, NOLA.com| The Times-Picayune)
Michael DeMocker, NOLA.com and the Times-Picayune
 
By Emily Lane, NOLA.com | The Times-Picayune
 updated September 15, 2016 at 12:58 PM



Two structures, including a fourplex, were severely damaged in a three-alarm fire in Broadmoor Thursday morning (Sept. 15) that send a thick blanket of smoke over much of the area but left no reported injuries, the New Orleans Fire Department said.

About 64 firefighters were still battling the blaze in the 4200 block of South Rocheblave Street around 1 p.m., more than 90 minutes after it began.


The fire started in a vacant single-family home at 4221 South Rocheblave, and quickly extended into the fourplex next door at 4217-19 South Rocheblave, said Capt. Edwin Holmes, spokesman for NOFD.

Holmes said no residents or firefighters were injured. He declined to answer questions about the cause of the fire, saying crews were still working to put it out.

Heavy smoke from the fire spread over several blocks, shrouding parts of the area as far as Napoleon Avenue. A large plume of smoke could be seen from miles away.



The fire was contained to the two structures, Holmes said, and firefighters were close to declaring it under control about noon. They were still trying to exhaust it about an hour later.

Staff writer Jonathan Bullington contributed to this report.

Southern California Gas to pay $4-million to settle criminal charges over massive Porter Ranch gas leak; still faces civil suits

Southern California Gas Co. pleaded no contest to end a case filed by Los Angeles County prosecutors over a gas leak.
Alice Walton


Southern California Gas Co. agreed to pay $4 million to settle criminal charges over the massive gas leak near Porter Ranch last year, but the utility still faces potentially costly civil actions from both residents and regulators.

The settlement ends a prosecution brought by the Los Angeles County district attorney’s office, which accused the gas company of failing to properly notify authorities when the largest recorded methane leak in U.S. history first occurred. The leak forced thousands of residents to flee their homes for months as officials worked to cap the leak.

The gas company pleaded no contest to one misdemeanor count of failing to immediately notify the California Office of Emergency Services and Los Angeles County Fire Department of the leak that began on or around Oct. 23, 2015, in the Aliso Canyon natural gas storage field.







The leak has cost the utility more than $700 million, according to filings with the U.S. Securities and Exchange Commission. But the utility is still dealing with more than 100 lawsuits representing thousands of residents, some of whom say the leak caused health problems and reduced the value of their homes.

The gas company also faces a lawsuit by the California attorney general, who accused the company of violating the state’s health and safety laws by failing to promptly control the leak and alert authorities. That lawsuit seeks financial penalties, as does a third case brought by Los Angeles. Los Angeles County sued to force the utility to install safety valves on its wells. And the South Coast Air Quality Management District is also seeking a fine from the company.

It’s unclear how much this will end up costing the utility. Gas officials told federal regulators that they are insured for as much as $1 billion.

The settlement with L.A. prosecutors includes a host of safety measures that go beyond what is already required by state and local laws.

The gas company will install eight infrared methane leak detection systems along the southern border of the Aliso Canyon gas field. It will also install real-time pressure monitors at each storage well. An outside company will be brought in to test and certify the instruments.

The gas company agreed to hire six full-time employees to monitor those detection systems over the next three years. Employees will also undergo training related to leak detection.

In a statement, utility officials called the settlement “another important step in our efforts to put the leak behind us and to win back the trust of the community.”

But people living in nearby Porter Ranch pointed out that the settlement doesn’t do much to prevent a leak — the measures instead focus on identifying a leak once it’s begun. In fact, the night before the settlement was announced, gas company officials said they found a leak in an above-ground pipe used to withdraw gas from Aliso Canyon.

“There is no change in the way the wells are configured in the field and the way they tap into the storage of gas,” said Issam Najm, president of the Porter Ranch Neighborhood Council. “Therefore, to that end, we don't see that there’s any substantive change in the safety of the system.”

Alexandra Nagy with the environmental group Food and Water Watch put it more bluntly: “This fine is barely a slap on the wrist for SoCal Gas, whose parent company made $10 billion in revenue last year.”

The district attorney filed four misdemeanor criminal charges against the company in Februrary, accusing it of releasing air contaminants and neglecting to report the release of hazardous materials until three days after the leak began.

Three other misdemeanor counts will be dismissed when the utility is sentenced on Nov. 29.

"This agreement ensures that Southern California Gas Co. is held accountable for its criminal actions for failing to immediately report the leak," L.A. County Dist. Atty. Jackie Lacey said in a statement.


State officials with the Public Utilities Commission and Division of Oil, Gas and Geothermal Resources are still studying the cause of the leak and their findings could lead to fines against the gas company.

The rupture forced at least 8,000 residents out of their homes for months. As people moved home, the gas company cleaned the interiors of 1,500 homes and the exteriors of 1,200 homes, along with schools, playgrounds and public parks.


Residents have complained of headaches, nosebleeds and nausea, which are short-term symptoms associated with an odor-causing additive in the natural gas.

A hearing is set for November on the civil litigation.

“The criminal plea does not alter the responsibility Southern California Gas has to all residents and businesses damaged and harmed as a result of this significant event,” said plaintiff’s attorney Paul Kiesel.

Some residents living near Aliso Canyon want it to be permanently shut down.

“SoCal Gas themselves demonstrated why this unneeded facility must be permanently shut down and their guilt will be further proven as civil litigation proceeds,” said Matt Pakucko, president of Save Porter Ranch. “And we are concerned about what happens with the leak-detection system after three years. Residents of the area will still need to breathe in three years."

But gas company officials have repeatedly said that Aliso Canyon is an essential piece of Southern California’s energy infrastructure — a point that was reiterated by the utility Tuesday.

"Aliso Canyon is critical to the reliability of natural gas and electricity services in Southern California. We are diligently working with state officials to complete a comprehensive safety review of the facility,” according to a statement from the utility. Also Tuesday, Sempra Energy, the parent company of Southern California Gas, announced that the utility’s president and CEO, Dennis Arriola will leave at the end of the year to become the executive vice president of corporate strategy and external affairs for Sempra. Patricia K. Wager, CEO of Sempra U.S. Gas & Power, will become the new CEO for the gas company.

A construction worker fell to his death while working at a Midtown Manhattan condominium building.

Breaking details on the death of a construction worker in Midtown.

Eyewitness News
Updated 40 mins ago
MIDTOWN (WABC) --

A construction worker fell to his death while working at a Midtown Manhattan condominium building.

A 52-year-old man was pronounced dead at the scene. He apparently fell from the 47th story of 135 West 52nd Street located between 6th and 7th avenues.

It happened around 3 p.m. He landed in an interior alleyway. The man's identity has not yet been released.

There are no arrests and the investigation is ongoing.



===========

De Blasio brushes off incomplete count of construction deaths
The mayor stood by the Department of Buildings' statistics after Crain's reported they missed a third of fatalities
  By Rosa Goldensohn and  Joe Anuta
 
Photo: Asssociated Press
Mayor Bill de Blasio defends the city's construction-related death count.




Mayor Bill de Blasio stood behind his administration's method of counting construction deaths Tuesday, although the city's figure did not account for more than a third of last year's fatalities.

The Department of Buildings counted only 11 of the 17 construction-related workplace fatalities that took place in 2015, Crain's reported Monday.

"I think the issue at hand has to do with some jurisdictional differences, DOB versus OSHA and differences of reporting," the mayor said at an unrelated press conference, referring to the Department of Buildings and the federal Occupational Safety and Health Administration. "That’s normal division of labor between the city government and state or federal government," he later added.

OSHA issued serious violations in all six cases that the city said fell outside of its jurisdiction. The Department of Buildings does not consider issues of workplace safety to be in its purview, limiting its tracking to deaths that involve a violation of the city's construction code.

A de Blasio spokesman confirmed that the mayor's comments meant that the administration would not be looking into the discrepancy.

"Regardless of where the total count of tragic incidents is kept, two levels of government are doing a great deal to keep workers and the public safe on job sites," the spokesman wrote in an email. "Those protocols wouldn’t change if we changed where the toll is kept."

"This is ultimately an accounting distinction, not a regulatory gap or policy problem," he added.

But the Buildings Department and OSHA are not on equal footing to prevent city construction deaths. DOB is more influential in the city, employs hundreds of building inspectors, and can quickly make changes to construction rules that have a real effect on businesses. OSHA, on the other hand, has 80 inspectors for the entire state and depends on Congress to enact any meaningful change to its statutes.

Moreover, the construction safety reforms the mayor has touted fall under DOB's enforcement regime, ignoring the workplace safety issues that led to a third of last year's deaths.

Dr. Peter Muennig, the director of the Global Research Analytics for Population Health program at Columbia University's Mailman School of Public Health, said the city should "absolutely" be counting and investigating every death.

"They're relevant because that is how you decide how to set your standards," he said. "If you have a lot of people dying for some preventable reason, that's a policy problem."

"There are basically two possibilities" to explain the deflated statistics, Muennig said. "In the best case scenario, this is just terrible policy making, to be setting your regulations arbitrarily and not based upon data."

But the extra safety provisions come at a cost to the city, to homeowners and to real estate developers, and can provide an incentive for the city to keep the numbers low, said Muennig.

"Another possibility is they're being duplicitous and they want more affordable housing built and they're deliberately not doing it," he said.

In the very end, what is few construction workers (most of them immigrants) dead?  Pretty much nothing to this world of money and greed.

Tina Diakos pleaded not guilty last week to a six-count indictment charging her with arson, insurance fraud for the March fire that destroyed Jerzeez the Diner in Vernon, NJ

Co-owner of diner in Vernon plead not guilty to charges related to March fire




Herald file photo - Jerzeez the Diner in Vernon was destroyed by fire earlier on the morning of March 8. The fire was deemed suspicious the next day. 
By Joe Carlson New Jersey Herald
Posted: Sep. 13, 2016 12:01 am


SUPERIOR COURT -- Tina Diakos pleaded not guilty last week to an indictment charging her with the March fire that leveled Jerzeez the Diner in Vernon.

Diakos' boyfriend, and co-owner of the diner, also pleaded not guilty to the indictment charging him with conspiracy to to burn down the restaurant.

Assistant Prosecutor Seana Pappas told the Herald Diakos pleaded not guilty Sept. 6 to three counts of second-degree aggravated arson, one count of second-degree insurance fraud, one count of third-degree criminal mischief, second-degree witness tampering and second-degree conspiracy to commit arson.

Cengiz also pleaded not guilty on Sept. 6 to the indictment that charged him with second-degree conspiracy to commit arson, Pappas said.

The indictments were handed up by a Sussex County Grand Jury on Aug. 18.

The fire was reported shortly after 4 a.m. March 8, when a neighbor saw flames coming out of the roof of the diner, police said.

Diakos was arrested a week later on witness tampering charges. Prosecutors allege that Diakos "paid or attempted to pay a witness not to cooperate or withhold information from law enforcement in connection with the investigation into the fire at Jerzeez diner," the Sussex County Prosecutor's Office said at the time of her March arrest.

Diakos was then arrested on the aggravated arson charges in May.

According to the affidavit of probable cause for Diakos' arrest, Diakos was having financial issues in the months leading up to the fire, including late mortgage and insurance payments and the inability to pay vendors, and was facing the cost of replacing the restaurant's septic system.

Though the indictment does not specify how Cengiz conspired with Diakos to set the blaze, the affidavit of probable cause for Diakos' arrest said Cengiz approached one witness prior to the fire and inquired about how to set a fire, and after the witness referred him to his uncle, a check of Diakos' phone records revealed she contacted the uncle in December 2015, which is the same time she increased her insurance coverage, the affidavit says.

Diakos and Cengiz will return to court on Nov. 28. 
======

Fire that destroyed Jerzeez Diner was suspicious, report says

Authorities are investigating the fire that destroyed Jerzeez Diner Tuesday morning. (David Burns/@FD4D)

 By Justin Zaremba | NJ Advance Media for NJ.com
Email the author
on March 09, 2016 at 2:58 PM



VERNON, NJ — The fire that destroyed Jerzeez Diner on Route 94 Tuesday morning has been deemed suspicious by the prosecutor's office, New Jersey Herald reported.

Sussex County First Assistant Prosecutor Greg Mueller told the newspaper a final determination has not yet been made as to the cause of the fire.

Authorities responded to the blaze shortly after 4 a.m. Tuesday after receiving a call reporting flames coming out of the roof, Vernon police Lt. Keith Kimkowski said.

The blaze was deemed under control at 7:35 a.m. following firefighting efforts by the Mcafee, Pochuck Valley, Highland Lakes, Vernon, Sussex and Warwick, N.Y. fire departments, Kimkowski said.

No one was injured in the blaze.

========


Vernon diner fire deemed suspicious, under probe




Photo courtesy of McAfee Fire Department  

By Joe Carlson New Jersey Herald 

Posted: Mar. 9, 2016 11:50 pm Updated: Mar. 10, 2016 2:07 pm 

VERNON -- Authorities continued their investigation Wednesday into the blaze that destroyed Jerzeez the Diner on Route 94 in Vernon Tuesday morning after determining the fire was suspicious.

"A final determination has not yet been made in regards to the cause of the fire," First Assistant Prosecutor Gregory Mueller said.Mueller declined to give a time frame for when a cause would be determined, nor would he elaborate on the investigation. 

Law enforcement officials further examined the scene of the fire Wednesday.The fire is being investigated by the Sussex County fire marshal, the Sussex County Prosecutor's Office, the Vernon Township fire marshal, the Vernon Township Police Department and the New Jersey State Police.

The fire was reported shortly after 4 a.m. Tuesday when a neighbor saw flames coming out of the roof of the diner, police said.No one was injured, and the structure appeared to have been unoccupied when the fire started, according to Vernon Police Lt. Keith Kimkowski. 

The diner was destroyed by the fire.

The fire led to the closure of the adjacent portion of Route 94 in McAfee for nearly four hours as firefighters from the McAfee, Vernon, Highland Lakes, Pochuck Valley, Sussex and Warwick, N.Y., fire departments battled the blaze.

 The Vernon Township first aid squad also remained on the scene the entire time.The fire was deemed under control shortly after 7:30 a.m.Owner Tina Diakos told the New Jersey Herald via email Tuesday that her family was "devastated" by the loss.

Investigators were still at the scene of the fire as of Wednesday afternoon.