This blog presents Metropolitan Engineering Consulting & Forensics (MEC&F) claim management and claim investigation analyses of some of the typical claims we handle
OCTOBER 6, 2016 PRICES CORNER, Del. (WPVI) -- Delaware State Police are investigating a school bus crash that left five people, including three children, hurt in New Castle County.
It happened around 5 p.m. Thursday on the 3100 block of Kirkwood Highway in Prices Corner.
Police say a school bus struck the rear of a box truck that had slowed down for traffic.
Five people, including three children, were taken to local hospitals for minor injuries.
Thursday, October 06, 2016 04:25PM HOBOKEN, New Jersey -- The National Transportation Safety Board says the NJ Transit train that crashed at Hoboken Terminal was going 21 m.p.h., twice the speed limit, at the time of the accident.
The details were downloaded from the event data and forward-facing video recorders on a NJ Transit commuter train.
Federal investigators also say the train's engineer hit the emergency brake less than a second before the crash.
The speed limit for the station area is 10 mph.
The NTSB says the train was traveling at 8 mph and sped up for about 30 seconds before hitting 21 mph.
A final report on what caused last week's crash, which killed one person and injured more than 100, could take a year or longer to complete.
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New Jersey Transit train engineer, Thomas Gallagher, says he can't remember fatal crash so that he can avoid criminal negligence prosecution
Passengers
rush to safety after a NJ Transit train crashed in to the platform at
the Hoboken Terminal September 29, 2016 in Hoboken, New Jersey. New
Jersey emergency’s management system is reporting more than 100 people
were injured in the crash. Pancho Bernasconi, Getty Images
HOBOKEN,
N.J. The engineer at the controls of the train that smashed into a
commuter rail terminal, killing a woman and injuring more than 100
people, told federal investigators he was going only 10 mph as he
approached the station but has no memory of the crash, federal
investigators said.
Thomas Gallagher. He claims that he does remember anything, a classic criminal defense move because he knows what he did wrong.
The
statements from the engineer, Thomas Gallagher, came as investigators
learned that an event data recorder that was supposed to record the New
Jersey Transit train’s speed and braking information wasn’t functioning,
according to the National Transportation Safety Board Vice Chair T.
Bella Dinh-Zarr. Investigators haven’t been able to extract a second
datarecorder, located in the cab control car in the front of the train,
because it is under a collapsed section of the station’s roof.
“It’s
likely that it’s a newer event data recorder in the lead passenger car,
the controlling car, so we’re hopeful that will have information that
will be functioning,” Dinh-Zarr said at a Sunday news conference. “We’ll
just hope that the front event data recorder was working.” Federal
regulations require commuter trains to have a working recorder in the
lead car, according to Jim Southworth, the NTSB’s lead investigator for
the crash.
The regulations also require the recorders to be
inspected every year. It was unclear when the recorders in the train
were last inspected.
Federal officials said the recorder was an
older device installed in 1995. An unknown number have had to be
replaced over the years as they failed.
Gallagher told
investigators that he was fully rested and that the train was operating
properly Thursday morning before it crashed in Hoboken. Killed was
Fabiola Bittar de Kroon, 34, who had paused her legal career, leaving
the software company SAP in Brazil after her husband got a job with an
international liquor company.
The 48-year-old train engineer told
federal investigators that he remembered blowing the train’s horn and
looking at the speedometer as he pulled into the station and said the
train was going 10 mph, Dinh-Zarr said. But, Gallagher told the
investigators that he had no memory of the crash and only remembered
waking up on the floor of the engineer’s cab, she said.
Officials said they hoped to be able to gain access to the front of the train in the coming days.
The
signals on the tracks leading to the train terminal appeared to working
normally and officials have so far found no track problem that would
have affected the train’s performance, the NTSB said. Investigators also
obtained video from other trains in the station, but found nothing of
value, Dinh-Zarr told reporters.
As commuters got back to the
Monday grind, crews at the Hoboken terminal continued demolition,
working to get closer to the second data recorder buried beneath debris.
“Yea
it’s a little bit frustrating,” commuter Melissa Vignone told CBS New
York. “I feel sorry for the people, for the innocent people who just
want answers.”
“I’d rather they take their time and figure out
what’s going on,” commuter Patrice Jones told CBS New York. “If you
really want to figure it what happened, I don’t think anything is going
anywhere. Get it right.”
Months before Thursday’s deadly train
crash, federal rail officials found dozens of violations during an audit
that focused on NJ Transit’s safety and operations, a U.S. official
told The Associated Press.
The official, who was familiar with
the Federal Railroad Administration audit, wasn’t authorized to speak
publicly about an ongoing investigation and spoke to the AP on condition
of anonymity.
The audit was launched after the federal
regulatory agency noticed an uptick in rail incidents and found “dozens
of safety violations” that needed to be fixed immediately, the official
said. The commuter rail agency was fined as a result.
A spokesman for NJ Transit hasn’t responded to requests for comment.
On
Monday, Democratic Assemblyman John McKeon called on federal and state
railroad officials to give a public accounting of safety violations.
“It’s
very disturbing to learn that a data recorder pulled from the crashed
NJ Transit train in Hoboken wasn’t working. This is inexcusable,” he
said.
Since 2011, NJ Transit trains have been involved in more
than 150 accidents that caused more than $4.8 million in damage to
tracks or equipment and has paid more than $500,000 to settle safety
violations, according to federal data.
Information from the
Federal Railroad Administration shows that NJ Transit has settled 183
safety violations - ranging from employee drug and alcohol use to
violations of railroad operating rules or practices - since Jan. 1,
2011.
The New Jersey Transit train engineer, Thomas Gallagher, claims he does not remember anything, a classic criminal defense move. This guy, Thomas Gallagher,
obviously was distracted by something (a cell phone, a text, sexting,
sex in the train cab, etc.) or perhaps had a medical condition. If he
believes that we will not find out, he is wrong.
Below we write the story of the other train engineer, Brandon
Bostian, with "foggy memory". These guys know the trick (just like
Hilary Clinton during the FBI investigation): I remember nothing.
==========
Distracted Amtrak engineer in deadly Philadelphia train derailment made ‘standard human error,’ safety board says
BY Meg Wagner NEW YORK DAILY NEWS Updated: Tuesday, May 17, 2016, 11:28 AM
The engineer at the helm of the Amtrak train that derailed in
Philadelphia last year, killing eight people, made a “standard human
error” when he got distracted during the ride, investigators said.
Engineer Brandon Bostian turned his attention to radio chatter —
dispatchers were discussing a nearby commuter train struck by a rock —
just before his Amtrak flew off the rails, officials said Tuesday during
a National Transportation Safety Board meeting to determine the cause
of the fatal May 2015 wreck.
“The probable cause of the
accident was the engineer’s acceleration to 106 mph as he entered a
curve with a 50 mph speed restriction due to his loss of situational
awareness because he attention was diverted to an emergency situation
with another train,” the board said in a statement.
While
investigators listed the absence of a key backup system — which would
have slowed the speeding train — as a contributing factor, they insisted
Bostian's distraction was mainly to blame.
Year after fatal Philly Amtrak crash, vics mad over no answers
“He went, in a matter of seconds, from distraction to disaster,” said
Robert Sumwalt, the lead NTSB investigator on the derailment case.
Amtrak
engineer Brandon Bostian was distracted by radio chatter just before
his May 2015 train flew off the rails, investigators said. (Huy Richard
Mach/AP)
“This is really not a complex error. It’s a very basic error,” Sumwalt said. “But in this case it was a very costly error.”
NTSB investigator Steve Jenner agreed.
“This is a standard human error,” he said. “(Train engineers) have no more of the right stuff than pilots — or anyone else.”
Philadelphia Amtrak derailment was caused by radio distraction
The engineer's full-throttle acceleration would have made sense for
someone who thought he had already passed the curve, Jenner said. After
the curve, the tracks open up into a straightaway with a speed limit of
110 mph.
Bostian, who has been suspended without pay since the crash for speeding, did not attend the hearing.
Christopher Hart, chairman of the National Transportation Safety Board,
also said a key backup safety system, called positive train control,
was not in place at the accident site and would have provided a
"technological safety net for inevitable human error."
Positive train control is designed to automatically slow a train that's exceeding the speed limit.
Amtrak engineer had 'very foggy memory' following 2015 crash
If the system had been in place, "we would not be here today," said Ted Turpin, an NTSB investigator.
Eight people were killed in the May 2015 wreck. (Patrick Semansky/AP) The Amtrak passenger train derailed in Philadelphia as it traveled to New York City. (Joe Marino/New York Daily News)
Hart also said that the train's emergency windows dislodged as the
derailed train cars slid on their sides, allowing some passengers to be
ejected.
Bostian — regarded by friends for his
safety-mindedness and love of railroading — apparently commented in an
online forum for train enthusiasts on a range of industry issues,
including safety. Some of the posts lamented that railroads hadn't been
fast enough to adopt technology that can prevent trains from going over
the speed limit.
Eight people on board the New York City-bound train were killed. Dozens more were injured.
In today’s competitive economy, an increasing number of U.S.
businesses operate to meet customer demand for 24/7 services. These
around-the-clock operations are required in order to maintain a place in
the global market where transactions with clients, suppliers, and
colleagues can span multiple time zones. Consequently, for many men and
women, the workday no longer fits the traditional 9-to-5 model. They
may clock in at midnight and out at 8 in the morning, or they may follow
a rotating shiftwork schedule consisting of periodic day shifts,
evening shifts, and night shifts.
Since our body clocks typically are set for a routine of daytime
activity and nighttime sleep, working irregular shifts or night hours
can be associated with disrupted or insufficient sleep. In turn,
drowsiness, fatigue, and circadian rhythm disruption from too little
sleep or interrupted sleep are associated with risks for dysfunction of
the immune system, diabetes, cardiovascular disease, and other chronic
health problems. As nontraditional schedules become more common, it
becomes increasingly important to understand who may be at risk of
unintended job-related outcomes, and why.
From that knowledge,
employers, workers, and practitioners can better craft practical,
effective interventions.
Scientists know little about the prevalence of sleep disorders
broadly in the U.S. workforce because, to date, most studies have been
limited to selected occupational groups, geographic areas, and types of
sleep disorders. In a study published on-line earlier this month in the
peer-reviewed journal Occupational & Environmental Medicine,
we designed a larger investigation that would not be subject to those
limitations. We used data from the National Health and Nutrition
Examination Survey (NHANES), conducted by the National Center for Health
Statistics, one of our partner centers in the U.S. Centers for Disease
Control and Prevention.
Ours was the first-ever study using a nationally representative
sample of the U.S. working population to examine the role of shift work
in sleep quality, sleep-related activities of daily living, and
insomnia.
Our nationally representative sample included 6,338 adults, 18 years
of age and older. They were asked to complete a survey questionnaire
covering sleep duration, sleep disorders, sleep quality, impairment of
sleep-related activities of daily living (ADL), and insomnia. To
determine the shift schedule worked by each individual, they were asked
which choice best described the hours they usually worked: regular
daytime (any hours between 6 a.m. and 6 p.m.), regular evening shift
(any hours between 4 p.m. and midnight), regular night shift (any hours
between 7 p.m. and 8 a.m.), rotating shift, or another schedule. Based
on a recommendation by the National Sleep Foundation that adults should
sleep seven to nine hours per night, we created two categories of sleep
duration for the study: either less than seven hours referred to as
short sleep duration, or seven or more hours.
From our study of this large, nationally representative sample, we
concluded that sleep-related problems were common among workers,
especially among night-shift workers who had the highest risks for sleep
problems. Moreover, these risks among night-shift workers persisted
even after we adjusted for potentially confounding factors, such as long
working hours, socio-demographic characteristics, and
health/lifestyle/work factors. Findings included these:
37.6 percent of the respondents reported short sleep duration,
representing 54.1 million U.S. workers. Short sleep duration was more
prevalent among night-shift workers (61.8 percent of those who reported
short duration) than among daytime workers (35.9%).
Daytime workers had the lowest prevalence (31 percent) of “prolonged
sleep-onset latency,” which is when at bedtime 30 or more minutes are
required to go from full wakefulness to sleep — compared with the night
shift (46.2 percent), evening shift (43 percent) and rotating shift
(42.1 percent).
Poor sleep quality was reported by 30.7 percent of night-shift
workers, and moderate sleep quality by 34.1 percent of workers on
another schedule. Night- and evening-shift workers more frequently had
difficulty falling asleep (21.7 percent and 21.2 percent, respectively,
vs. 12.7 percent of daytime workers). Night-shift workers had a higher
prevalence of feeling excessively or overly sleepy during the day (22.3
percent vs. 16.2 percent).
Insomnia, which is defined as having both poor sleep quality and
impaired sleep-related ADL, was reported by 18.5 percent of night-shift
workers compared to 8.4 percent of daytime workers.
Workers 60 years old or older had a lower prevalence of short sleep
duration, impaired sleep-related activities of daily living (ADL), and
insomnia than those 30 to 59 years old.
Female workers had a lower prevalence of short sleep duration but a
higher prevalence of the other three sleep outcomes (poor sleep quality,
impaired sleep-related ADL, and insomnia) than male workers.
Obese workers had a higher prevalence of short sleep duration and
poor sleep quality than those who were normal weight/underweight.
Current smokers had a higher prevalence of short sleep duration,
poor sleep quality and insomnia (but not impaired sleep-related ADL)
than non-smokers.
Workers who worked 48 hours or more per week had a higher prevalence
of short sleep duration, poor sleep quality and insomnia than those who
worked less than 48 hours per week.
Workers who frequently used sleeping pills had a higher prevalence
of poor sleep quality, impaired sleep-related ADL and insomnia (but not
short sleep duration) than those who did not.
A higher prevalence of all four sleep outcomes (short sleep
duration, poor sleep quality, insomnia, and impaired sleep-related ADL)
was observed among workers who were widowed, divorced or separated;
workers who reported fair or poor health; workers with symptomatic
depression; and workers who had a physician-diagnosed sleep disorder –
than among workers who did not have those characteristics.
Although our study was not subject to limitations of earlier
investigations with smaller sample sizes, it was subject to other
limitations inherent in the kind of investigation we conducted. We
describe those limitations in our paper. As we note there, they are
mitigated to some degree by the consistency of our methods and findings
with those of other well-designed studies in the literature.
Particularly in light of the likely continuing increase in
nontraditional working schedules, work-based prevention strategies and
policies should be adopted to improve the quantity and quality of sleep
among workers. Unfortunately, there is no single ideal strategy to
successfully address the sleep risks of every demanding shiftwork
situation. Instead, interventions often need to be customized to the
specific employer and worker.
These include designing new shift
schedules with frequent rest breaks, avoiding night shifts that exceed
eight hours, improving one’s sleep environment, taking a long nap before
a night shift begins, accelerating the modulation of circadian rhythms
using bright lights, improving physical fitness, engaging in stress
reduction activities, and strengthening family and social support.
Sources of further information and recommendations from NIOSH can be
found on the Work Schedules: Shift Work and Long Hours topic page. What challenges have you found with night shifts, and what approaches have you used? Geoffrey Calvert, MD, MPH, FACP Dr.
Calvert is a Team Leader and Senior Medical Epidemiologist in the NIOSH
Division of Surveillance, Hazard Evaluations, and Field Studies
Empty shelves and evacuation orders ahead of Hurricane Matthew. (KTRK)
Updated 1 hr 34 mins ago CAPE CANAVERAL, FL -- President Barack Obama has declared an emergency in the state of Florida and has ordered federal aid to supplement state, tribal, and local response efforts to Hurricane Matthew.
Obama's action authorizes the Department of Homeland Security and the Federal Emergency Management Agency to coordinate efforts to alleviate the suffering caused by the hurricane. The directive applies to more than two dozen counties in Florida.
Emergency declarations are designed to help provide emergency services to protect lives and property, and to lessen the threat of a catastrophe.
Hurricane Matthew has regained Category 4 strength, as winds climbed to 140 mph.
Haiti interior minister now says in the capital that the death toll from Hurricane Matthew now stands at 108 people.
Hundreds of thousands of anxious people boarded up their homes and businesses and grabbed a few belongings to flee inland as Hurricane Matthew gained strength and roared toward the Southeast seaboard on Thursday.
In Florida, Gov. Rick Scott said the state, its skies already darkening from early outer rain bands of the life-threatening storm, could be facing its "biggest evacuation ever" as Matthew menaces almost all the state's Atlantic coast. VIDEO: Hurricane Matthew strengthening, forecasters say
Hurricane Matthew is strengthening as it aims for Florida, forecasters say
As people hurried for higher ground, authorities in South Carolina said a motorist died on Wednesday after being shot by deputies during an altercation along an evacuation route.
Scott said Florida, its skies already darkening from early outer rain bands of the life-threatening storm, could be facing its "biggest evacuation ever" as Matthew menaces almost all the state's Atlantic coast.
Residents are either on the run or hunkering down as Matthew barrels down on Florida
About 2 million people from Florida across Georgia to South Carolina were being encouraged to head inland and away from the most powerful storm to threaten the Atlantic coast in more than a decade. Matthew killed at least 16 people in the Caribbean as it sliced through Haiti, Cuba and the Bahamas.
"This is a dangerous storm," Scott warned. "The storm has already killed people. We should expect the same impact in Florida."
A man looks from the balcony of his house damaged by Hurricane Matthew in Baracoa, Cuba, Wednesday, Oct. 5, 2016. (Ramon Espinosa/AP)
Hurricane Matthew is barreling over the Bahamas and taking aim at Florida, expected to near the Atlantic coast starting Thursday night. The Category 3 storm has top sustained winds of 125 mph. Florida hasn't been hit by a storm this powerful in more than a decade.
Florida emergency officials said 48 shelters in schools already have begun providing refuge to more than 3,000 people, some with special needs, mostly in coastal counties where evacuations both mandatory and voluntary were underway. Patients also were transferred from two Florida waterfront hospitals and a nursing home near Daytona Beach to safer locations.
Major theme parks in Orlando, central Florida, remained open but by noon, Disney announced that Walt Disney World theme parks, water parks, Disney Springs, miniature golf courses and ESPN Wide World of Sports Complex will all be closed today by 5 p.m., and will remain closed through Friday, Oct. 7.
Deborah Whyte walked her dogs at Jupiter Beach Park on Thursday morning to check the surf.
Forecasters Make Dire Warning for US Ahead of Hurricane Matthew The storm will pass directly over the Bahamas today on its way to the U.S. Deborah Whyte walked her dogs at Jupiter Beach Park on Thursday morning to check the surf.
"We boarded up our house and I boarded up my store. I have a clothing store in Tequesta. And we're just hunkering down and waiting for it," she said.
But others as far off as Georgia and South Carolina rushed to leave.
On Tybee Island, home to Georgia's largest public beach, Loren Kook loaded up his pickup truck with suitcases and a computer late Wednesday afternoon to hit the road to metro Atlanta.
"It seems like a lot of the longtime residents are staying," said Kook, who moved to the coast four years ago. "I've never sat through a Category Whatever. I'll watch it on TV."
Georgia Gov. Nathan Deal had urged more than 522,000 residents of six vulnerable coastal counties to voluntarily evacuate. An evacuation hasn't been seen in 17 years in coastal Georgia. Part of its coast was under a hurricane warning.
Officials at Florida's major airports said Thursday they are monitoring conditions as Matthew bears down on the state and warned of delays or cancellations. On its website, Fort Lauderdale International Airport announced plans to close at 10:30 a.m. Officials advised travelers to check with individual airlines about flight plans.
The storm is forecast to near the Florida coast starting Thursday night, potentially as a Category 4 storm with 130 mph winds. Any slight deviation could mean landfall or it heading farther out to sea. Either way, forecasters say it will come close enough to wreak havoc along the lower part of the East Coast, dumping up to 15 inches in rain in some spots. Storm surge of 5 feet to 8 feet was expected along the coast from central Florida into Georgia.
The National Hurricane Center in Miami said tropical storm conditions with rain and wind are first expected in the state later Thursday morning.
Bike shop owner John Long, who lives in Cape Canaveral, said Thursday he was glad he decided to stay put even though most of his neighbors in the RV park had evacuated.
"No second thoughts," said Long, who was reached by telephone as he sat in a lawn chair outside his RV.
"I'm not going to downplay the scenario, but right now, there is absolutely no sign there's a hurricane offshore," adding that it was drizzling with a slight wind.
South Carolina Gov. Nikki Haley planned to call for more evacuations Thursday, which would bring the total to about 500,000 people in the state. Florida urged or ordered about 1.5 million to leave the coast, said Jackie Schutz, spokeswoman for Gov. Rick Scott. About 50,000 people were told to go in Georgia.
Early Thursday, Matthew's center was about 215 miles southeast of West Palm Beach, Florida, and slogging ever closer at a clip of 12 mph.
Worker killed in fall at Branstad Farms in Forest City
Molly Montag
FOREST CITY, IA - The death of a worker at Branstad Farms in rural Forest City this week will not be reviewed by the Occupational Safety and Health Administration.
Julian Santos Martinez, 46, accidentally fell 30 feet inside a silo chute about 9 a.m. Monday at Branstad Farms, 3020 Highway 69 S., according to a Hancock County Sheriff's Office statement.
Martinez was pronounced dead on the scene.
The operation is owned by Monroe "Monte" Branstad, brother of Iowa Gov. Terry Branstad.
Iowa OSHA Administrator Jens Nissen said Thursday the agency cannot investigate Martinez' death because the farming operation does not fall under its jurisdiction.
The agency is only authorized to investigate incidents at farming operations with 11 or more non-family employees and Branstad Farms does not meet that criteria, Nissen said.
Sheriff's deputies say the case remained under investigation on Wednesday, but evidence suggests Martinez accidentally fell while working.
===== FOREST CITY, Iowa —An Iowa farm worker died this week after falling roughly 30 feet inside a silo.
The Mason City Globe Gazette reports the fatal fall happened Monday morning at Branstad Farms near Forest City, Iowa.
The Hancock County Sheriff's office says 46-year-old Julian Santos Martinez died at the farm after the fall. The sheriff's office says the death appears to have been an accident.
Officials with the Occupational Safety and Health Administration say they won't investigate the death because the farm doesn't have more than 10 non-family employees, so the agency doesn't have jurisdiction.
The farm is owned by Iowa Gov. Terry Branstad's brother, Monroe "Monte" Branstad.
====
A Buffalo Center man died in an accident on a farm in Forest City yesterday. According to KIMT News, Julian Santos Martinez, 46 of Buffalo Center accidentally fell 30 feet down an enclosed silo chute yesterday, and was pronounced dead on the scene. Martinez was working for Branstad farms in Forest City.
The Hancock County Medical Examiners office, Forest City Ambulance Service, Forest City Fire Department, Forest City Police Department, Winnebago County Sherriff’s office, and Mercy Air Life assisted at the scene.
Founded in 1968, Branstad Farms is a small organization in the crop
farms industry located in Forest City, IA. It has 2 full time employees
and generates an estimated $140,000 in annual revenue.
Damage to Dousman Transportation Co. bus terminal could be as much as $3 million after 4-alarm fire Posted 8:55 pm, October 5, 2016, by Katie DeLong
WAUKESHA COUNTY, WI — Officials battled a large fire on Sunday, October 2nd at the Dousman Transportation Company in Merton. 35 school buses were destroyed. Investigators are still working to determine whether the fire was started intentionally — but we’re told the Waukesha County Sheriff’s Department is following up on several leads.
An insurance company is still inspecting the damage, but we’re told it could be as much as $3 million.
On Monday, officials with the Bureau of Alcohol, Tobacco and Firearms (ATF) were on scene, along with Waukesha County Sheriff’s Department investigators — and a cleanup crew.
The fire happened at the bus terminal at N77 W30902 Hartman Court just before 1:00 p.m. Sunday.
Fire at Dousman Transportation Company in Waukesha County
A series of small explosions shattered the quiet Sunday afternoon in Waukesha County.
It was determined more than 30 school buses were fully engulfed. We’re told 35 buses and the bus barn were destroyed by fire.
On Monday, as the investigation into the cause of the fire continued, the focus was on clean-up.
“Normally if you had a fire, that fuel would probably go up in the fire. A lot of that diesel might have burned up in the fire — but when they`re throwing water on it and it`s maybe coming out of the tanks, it`s also flowing out with the runoff,” Keith Hitzke said.
Hitzke runs North Shore Environmental Construction. His crews respond to fuel spills. He estimated 200 to 400 gallons of diesel from the buses may have contaminated the surrounding soil during the fire.
“We were fortunate that it never went into the wetlands down here. Now we`re basically removing the surface impacts. We`ll be sampling that area,” Hitzke said.
Fire at Dousman Transportation Company in Waukesha County
Officials with the Waukesha County Sheriff’s Department were on scene Monday as well. A spokeswoman said the bus terminal will be considered a crime scene until investigators determine the cause.
“I do feel sorry for the bus drivers. This is a personal loss for them. It`s the equipment that they drive. It`s their company, their jobs,” Hitzke said.
Fire at Dousman Transportation Company in Waukesha County
"There are 50 employees -- for some it's their only job. This company is phenomenal. A phenomenal company that takes care of everybody -- very concerned about the students. We have a tremendous safety record that's second to none. The ownership is very kind and involved. The community has tremendous faith and trust in us. This is a tragedy of the highest proportions for this kind of area. You couldn't have picked anything worse with the effect it's going to have on the senior citizens, adults and especially kids who really rely in this company. There are eight terminals under Dousman Transport -- and we have a good relationship with other bus companies. Hopefully we'll be able to cobble together enough buses to get the kids to school," the driver said.
Multiple fire departments responded to this scene. Some crews stayed for six hours.
"The explosions were pretty scary, and we wanted to keep our people out of harm's way -- so we re-positioned our truck once we got there to get a better safety vantage point for our staff," Brian Cull, Merton fire chief said.
35 school buses were impacted by this fire.
The Dousman Transportation Company had sufficient buses at another facility to accommodate the children needing transport -- so there was no disruption in service.
The Dousman Transportation Company services dozens of schools -- districts like Hartland-Lakeside.
Glenn Schilling, superintendent of the Hartland Lakeside School District told FOX6 News replacement buses were found in time to get kids to school on Monday.
"Dousman did an outstanding job. They had buses that arrived (Sunday) -- and so they informed us (Sunday) evening that they were ready to go. All of the buses arrived on time. Everything went as usual. You wouldn`t have known anything went wrong," Schilling said.
Again -- the cause of this fire remains under investigation.
Detroit Diesel Corp. to Pay Penalty and Reduce Exposure to Harmful Diesel Exhaust to Resolve Clean Air Act Violations 10/06/2016 Contact Information: Julia P. Valentine (News media only) (valentine.julia@epa.gov) (202) 564-2663, (202) 564-4355 WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Detroit Diesel Corp. that resolves alleged violations of the Clean Air Act for selling heavy-duty diesel engines that were not certified by EPA and did not meet applicable emission standards. Under the settlement, Detroit Diesel will spend $14.5 million on projects to reduce nitrogen oxide and other pollutants, including replacing high-polluting diesel school buses and locomotive engines with models that meet current emissions standards. Detroit Diesel will also pay a $14 million civil penalty.
The government’s complaint, filed today along with the settlement, alleges that Detroit Diesel violated the Clean Air Act by introducing into commerce 7,786 heavy-duty diesel engines for use in trucks and buses in model year 2010 without a valid EPA-issued certificate of conformity demonstrating conformance with Clean Air Act standards to control nitrogen oxide (NOx) emissions. The complaint also alleges that the engines did not conform to emission standards applicable to model year 2010 engines. The school bus and locomotive replacement projects will reduce ambient air levels of NOx and other pollutants. In addition, the school bus program will improve air quality inside school buses by reducing exposure to diesel exhaust. Diesel exhaust poses a lung cancer hazard for people and can cause respiratory effects such as asthma. Detroit Diesel intends to target areas for the replacement projects that do not meet Clean Air Act standards for certain air pollutants and areas with low-income communities.
“Today’s settlement protects clean air for many communities and vulnerable people across the country, including school children,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA will continue to hold engine manufacturers accountable for meeting emissions standards that protect public health and the air we breathe.”
“This case demonstrates the critical importance of EPA’s vehicle and engine certification program to achieving the goals of the Clean Air Act,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “By not certifying the engines in accordance with the rules, Detroit Diesel Corp. increased pollution and undercut competitors. We will uphold the integrity of that program by holding accountable those that skirt the rules.”
The Clean Air Act requires manufacturers to obtain a certificate of conformity demonstrating compliance with emission standards before introducing an engine into commerce. Certificates of conformity cover only those engines produced within a single model year. A model year for a family of engines ends either when the last such engine is produced, or on December 31 of the calendar year for which the model year is named, whichever date is sooner.
The complaint alleges that Detroit Diesel commenced construction of the heavy-duty diesel engines during model year 2009, but did not complete construction of the engines until calendar year 2010. Because Detroit Diesel completed all manufacturing and assembling processes for the engines in 2010, the complaint alleges that the engines were produced in 2010 and required a certificate of conformity demonstrating compliance with 2010 emission standards. From approximately January 5, 2010 through approximately June 1, 2010, Detroit Diesel sold the engines for on-highway use in heavy duty vehicles. Because the engines were not certified to the more stringent 2010 NOx emission standards, Detroit Diesel’s introduction of these engines resulted in excess emissions. The engines were manufactured in Detroit, Michigan, but were introduced into commerce across the country.
Under the consent decree, Detroit Diesel will be required to implement projects to replace high-polluting school buses with school buses that meet current federal emissions standards and replace or repower high-polluting switch locomotives. Detroit Diesel is also required to post data and information about the clean diesel projects on a public website.
Detroit Diesel Corp. is a Michigan corporation that began as a diesel engine manufacturing division of the General Motors Corporation in 1938. It is currently a wholly-owned subsidiary of Daimler Trucks North America. Detroit Diesel manufactures heavy-duty diesel engines, axles and transmissions for the on-highway and vocational truck markets.
The consent decree was lodged in the District Court for the District of Columbia. Notice of the lodging will appear in the Federal Register allowing for a public comment period of not less than 30 days before the consent decree can be entered by the court as final judgement. The $14 million civil penalty is due 30 days after the effective date of the consent decree. To view the consent decree: www.justice.gov/enrd/Consent_Decrees.html