ROCKFORD (WREX) -
The Occupational Safety and Health Administration confirms it is investigating the death of a contractor who was critically injured while working on a project for ComEd in Winnebago County.
ComEd says the person was employed by Meade. The incident occurred Monday and he was taken to Madison where he was pronounced dead today.
The Dane County Medical Examiner's Office says more information is expected to be released following an autopsy.
A statement from ComEd says they are deeply saddened to learn the worker passed away and the safety of ComEd employees and contractors is its top priority and ComEd is working with Meade to understand what occurred on the jobsite.
ComEd adds the loss is felt by all and their thoughts are with the worker's family and friends during this difficult time.
TARIQ ZEHAWI/STAFF PHOTOGRAPHER
Bergen Regional Medical Center
By MARY JO LAYTON
STAFF WRITER |
The Record
Wednesday, November 9, 2016, 6:33 PM
Nurse who was brutally assaulted by a patient wins grievance case against Bergen Regional
A Bergen Regional Medical Center nurse who was brutally assaulted in 2015 by a patient known to be violent won a grievance case against the Paramus facility, which must cover some medical expenses and back pay, an arbitrator has ruled.
Details of the legal case, which triggered a federal investigation last year, were made public this week by the union that represents more than 400 nurses at the state’s largest hospital.
The attack was also detailed in a report in The Record in May — one of hundreds of alleged assaults logged by police at the hospital. As a result of questions raised about patient and staff safety in the report, Governor Christie signed into law last month a measure creating an 11-member panel to oversee the hospital.
On Wednesday, the Bergen County Board of Freeholders overwhelmingly approved the introduction of an ordinance to create the panel, which will have sweeping powers over the hospital and replace the Bergen County Improvement Agency which currently has oversight.
The hospital maintains that it meets all standards to prevent work place violence and maintains that the rate of episodes is lower than that of state psychiatric facilities, yet it has declined to provide the number of assaults. A private consultant, which Bergen County Executive James Tedesco ordered the hospital to hire, recently concluded that staff over-reported episodes to police and meets all state regulations.
Nurse Sandra Giancarlo testified about a harrowing attack Jan. 11, 2015 and the 11 “violent” and “aggressive” episodes triggered by the same patient in the four months prior to the assault.
Staff repeatedly asked that the 350-pound 6-foot woman be forcibly medicated because she refused anti-psychotic drugs to prevent violent episodes, the ruling noted. Staff also noted that the woman languished in a unit without improving and refused showers for more than a year before she was forcibly bathed, the ruling noted.
The attending physician in the psychiatric unit said she spoke with Dr. Gabe Kaplan, medical director of psychiatry, who would not write an order to forcibly medicate the patient, despite the violent episodes.
At the start of her shift, Giancarlo requested a male staff member to the psychiatric unit because the prior shift found the patient “unpredictable and aggressive.” The assistant director of nursing declined the request, claiming no male assistants were available, according to the ruling.
The patient, identified as M.B., attacked Giancarlo at the end of her shift, scratched her face, ripped out some of her hair and damaged her knee, according to the ruling. Giancarlo, 5-foot 4 inches and 107 pounds, crawled away after two employees pulled the woman off of her, but collapsed because of pain in her left leg.
She suffered a torn ligament that required surgery, suffered a back injury, used crutches and a knee brace for months. She attended physical therapy and took pain medication for months and continues to see a psychiatrist and psychologist for post-traumatic stress disorder, according to the ruling.
The 1070-bed hospital “did not take the appropriate action to mitigate a known threat,” Arbitrator Lisa C. Charles determined. The hospital also acknowledged that it did not have a plan to determine when to administer anti-psychotic medications when patients refused treatment, Charles noted.
Bergen Regional, which provides long-term care, acute and behavioral health services, previously had a policy where a physician could write a standing order to inject medications if necessary. The policy changed after a New Jersey court ruled that such regulations are illegal. The court then ordered each institution to create guidelines, the ruling noted.
In testimony, Kaplan said psychiatrists cannot always predict when a patient may become violent and the physicians must “balance the patient’s civil and human rights against the benefits of medicating them.” But he acknowledged that “the hospital had not formulated an alternative policy’’ after New Jersey courts mandated one, according to the ruling.
“It was incumbent upon the hospital to address the known risks of violence, and to comply with the court order, but there was no evidence presented that it did either,” Charles concluded.
In a statement the hospital released Wednesday, a spokeswoman said “there are factual inconsistencies in the arbitration document.
“There is and has been a policy in place for the administration of emergency involuntary medication and the policy outlines the procedures to follow,’’ said spokeswoman Donnalee Corrieri.
Giancarlo, who returned to work in May after an 18-month absence, declined to comment.
“BRMC has and will be supportive of Ms. Giancarlo in the aftermath of her ordeal,’’ Corrieri said. “The breadth of that support extends well beyond, and is irrespective of, the full compensation and expressed coverage addressed within the award.’’
Bernard Gerard, an official with Health Professionals and Allied Employees, filed a complaint with the federal Occupational Safety and Health Administration in Feb. 2015 after he learned of the attack. OSHA issued a citation six months later and imposed a $13,600 penalty. The hospital is “vigorously contesting’’ the ruling, which marked the second time that OSHA urged the hospital to better protect staff.
Giancarlo wasn’t the only nurse attacked by M.B., the ruling noted.
A nurse who retired in Dec. 2014, Mary Ann Grieco, said M.B. threw a tray at her and charged her. Grieco said she called for a male attendant to help escort M.B. to a seclusion room where she was put in leather restraints. The nurse testified at hearings that she talked to physicians several times about M.B.
Another nurse, Jeffrey Peck, who testified as president of the local union, said he received calls from union members complaining about understaffing. Peck testified that M.B.’s length of stay was “unusual,” that she was not improving and had had three admissions since 2011, according to the ruling.
Djar CQ Horn, a union staff member testified that she investigated the assault on Giancarlo, watched a video of the episode, reviewed OSHA guidelines and determined the hospital violated federal regulations and the collective bargaining agreement between HPAE and Bergen Regional.
“The hospital knew that the patient who attacked Ms. Giancarlo was violent, that the patient had attacked and threatened other staff members, and the hospital ignored the known risks,” Horn testified.
Horn also testified that the hospital “did not provide the appropriate staff to Unit AG… and that it had not followed its own polices.”
Corrieri said “the arbitrator unfortunately predicated her determination on the allegations from OSHA that BRMC is vigorously contesting.’’
Newsline No.: 2016-104 Date: November 9, 2016
Cal/OSHA Cites Roofing Company after Preventable Tanker Explosion Burns Two Workers
Santa Fe Springs—Cal/OSHA has cited AAA Roofing by Gene, Inc. for serious safety violations following an asphalt tanker explosion in Santa Fe Springs that burned two workers and launched them 10 feet onto the ground. Both workers suffered third-degree burns. One worker’s burns covered up to 36 percent of his body.
AAA Roofing had been hired to repair the flat roof of a warehouse when the accident occurred on May 2, 2016. Two employees standing on top of a tanker truck were attempting to turn the truck’s discharge pipe to face another direction. Cal/OSHA inspectors learned that the workers’ foreman instructed them to heat the pipe with a propane torch to loosen it.
The tanker was half-filled with hot liquid asphalt. Heated liquid asphalt releases flammable vapors.
“Flammable vapors accumulated in kettles and tankers, if ignited, can burn or explode,” said Cal/OSHA Chief Juliann Sum. “Employers must ensure that no source of ignition is permitted in any location, indoors or outdoors, where the concentration of flammable gases or vapors exceeds or may reasonably be expected to exceed 25 percent of the lower explosive limit.”
Cal/OSHA issued three workplace safety citations to AAA Roofing by Gene this week, with proposed penalties of $24,575. Two of the citations are serious, and one is regulatory in nature. One of the serious citations involves AAA’s failure to ensure the tanker truck was equipped with a 42-inch guardrail. This could have helped ensure the workers did not fall 10 feet as they did. The other serious citation was for allowing a source of ignition to be introduced where the flammable gases exceeded 25 percent of the lower explosive limit.
A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition.
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. Cal/OSHA has also published a wealth of helpful guides for employers, including ones on mitigating health and safety hazards like explosions at construction sites.
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.
Members of the press may contact Erika Monterroza or Peter Melton at (510) 286-1161, and are encouraged to subscribe to get email alerts on DIR’s press releases or other departmental updates.
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The California Department of Industrial Relations, established in 1927, protects and improves the health, safety, and economic well-being of over 18 million wage earners, and helps their employers comply with state labor laws. DIR is housed within the Labor & Workforce Development Agency. For general inquiries, contact DIR’s Communications
Call Center at 1-844-LABOR-DIR (1-844-522-6734) for help in locating the appropriate division or program in our department.
Two Florida Men Sentenced to Over Ten Years in Prison for Multi-State Biodiesel Fraud Scheme
11/08/2016
Contact Information:
Tricia Lynn (lynn.tricia@epa.gov)
(202) 564-2615
Washington – Yesterday, Thomas Davanzo, of Estero, Florida, and Robert Fedyna, of Naples, Florida, were sentenced to 121 months and 135 months in prison, respectively, for their participation in a multi-state scheme to defraud biodiesel buyers and U.S. taxpayers by fraudulently selling biodiesel credits and fraudulently claiming tax credits, announced Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney A. Lee Bentley III of the Middle District of Florida. Both defendants were also ordered to forfeit ill-gotten gains from the conspiracy of over $46 million and other items to the government, including gold coins, jewelry and Rolex watches, thoroughbred horses, vehicles and properties.
Davanzo and Fedyna operated several shell companies that were used to facilitate the scheme. As part of the scheme, Davanzo and Fedyna operated entities that purported to purchase renewable fuel, on which credits had been claimed and which was ineligible for additional credits, produced by their co-conspirators at Gen-X Energy Group (Gen-X), headquartered in Pasco, Washington, and its subsidiary, Southern Resources and Commodities (SRC), located in Dublin, Georgia. They then used a series of false transactions to transform the fuel back into feedstock needed for the production of renewable fuel, and sold it back to Gen-X or SRC, allowing credits to be claimed again. This cycle was repeated multiple times.
“This case shows that EPA is committed to eliminating fraud in the renewable fuels market and ensuring a level playing field for businesses that play by the rules,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The sentences handed down show the serious nature of these crimes and that EPA will continue to hold criminals accountable.”
“In their pursuit of personal gain, the defendants perpetrated a multi-state conspiracy that defrauded and undermined a federal program intended to further the energy independence of our nation,” said Assistant Attorney General Cruden. “Today’s sentence is a just punishment for these serious crimes against the American people.”
In addition, both Davanzo and Fedyna laundered the proceeds of the scheme through various shell entities. Davanzo and Fedyna established bank accounts in the names of shell entities. Funds were cycled through these shell companies’ bank accounts to perpetuate the fraud scheme and conceal its proceeds.
Davanzo and Fedyna also directed and participated in the generation of false paperwork designed to create the façade that the renewable identification number (or RIN, a serial number used to track biodiesel credits) created and claimed by co-conspirators were legitimate. The paperwork included false invoices from Gen-X or SRC to shell entities, which purported to show sales of renewable fuel, false invoices from shell entities to Gen-X and SRC, which purported to show the purchase of feedstock and false bills of lading, which purported to show the transportation of fuel and feedstock by tanker truck.
From March 2013 to March 2014, the co-conspirators generated at least 60 million RINs that were based on fuel that was either never produced or was merely re-processed at the Gen-X or SRC facilities. The co-conspirators received at least $42 million from the sale of these fraudulent RINs to third parties. In addition, Gen-X received approximately $4,360,724.50 in false tax credits for this fuel.
This case was investigated by the U.S. Secret Service, the Environmental Protection Agency -Criminal Investigation Division, and the Internal Revenue Service-Criminal Investigation. It was prosecuted by Assistant United States Attorneys Sara C. Sweeney and Megan Kistler and Trial Attorney Adam Cullman of the Environment and Natural Resources Division of the Department of Justice.
Nov. 9, 2016
OSHA finds New Jersey cleaning products manufacturer
exposed workers to chemical, other safety and health hazards
Linden-based Santec, Inc. fined $83K for 12 federal violations
Employer name: Santec Inc.
1420 East Linden Ave.
Linden, New Jersey
Citations issued: On Nov. 4, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued the company citations for 11 serious and one other-than-serious violation.
Investigation findings: OSHA's inspection began on May 5, 2016, after the Avenel Area Office received information about chemical hazards related to improper labeling of chemicals manufactured by Santec Inc.
The agency cited the company with the following serious violations after inspectors found it:
- Failed to properly label hazardous chemicals
- Lacked forklift training and maintenance.
- Exposed employees to electrical hazards
- Lacked guardrails on an open-sided platform 6 feet above ground level.
- Failed to implement a lock out/tag out system to prevent inadvertent machine start-up and provide employee training.
- Did not develop and implement a respiratory protection program, including medical evaluation and employee training for employees required to use respirators.
- Failed to address exposure to confined space.
OSHA also cited the company for improper storage of compressed gas cylinders containing chemicals including acetylene and improper labeling of shipped chemicals, resulting in the other-than-serious violations.
Quote: "Santec is leaving its employees vulnerable to hazards that can cause serious injury, health issues and possible death," said Patricia Jones, director of OSHA's Avenel Area Office. "Employers are legally responsible for providing workers with a safe and healthful workplace. Santec must address each of the identified violations; anything less is unacceptable."
Proposed penalties: $83,375
The citations can be viewed at: https://www.osha.gov/ooc/citations/SantecInc_1145409.pdf.
The employer has 15 business days from receipt of its citations and proposed penalties to comply, request a 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 Avenel Area Office at 732-750-3270.
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.
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FINALLY THE AMERICAN PEOPLE THREW SOME OF THE CROOKS OUT OF GOVERNMENT
QUID PRO QUO, HILLARY! THE COAL MINERS PUT THE CLINTON OUT OF WORK AS A PAYBACK FOR MILLIONS OF LOST JOBS
It was an epic victory for the We the People yesterday. We know that Mr. Trump will not let us down.
Most people were surprised with the election results, but we were not at all surprised. The anger and frustration against the corrupt and crooked government (fully represented by the corrupt and crooked Hillary and Bill Clinton) has been been building up for decades. Mr. Trump just actually listened to the people.
We know very well the pain of the steel makers and the coal miners and the factory workers and the car workers and so on, and so on. Entire regions of our country were devastated with the reckless policies (trade and tax and social policies) of the governments (both Republican and Democrat). This is extraordinarily uplifting for our country. We will see tremendous prosperity for many years to come. Our country will not look back again.
Thank you Mr. Trump for listening and fighting for We The People. In Trump we trust.
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GREED IS THE UNDOING OF HILLARY AND BILL CLINTON. FBI AGENTS DECIDED TO PROTECT OUR COUNTRY DESPITE DOJ INTERFERENCE WITH THE CRIMINAL INVESTIGATIONS
Despite
the obstructions of the investigations of the Federal Bureau of
Investigation (FBI) by the very-political U.S. Department of Justice
(Loretta Lynch, and other cronies),
some very brave FBI agents decided to put their careers and jobs
on-the-line by disclosing criminal investigations of Hillary and Bill
Clinton.
The information that has been disclosed thus far, is truly earth shuttering:
- Hillary
and Bill Clinton enriched themselves by the hundreds of millions of
dollars by forcing people and entities and countries to pay them for
speeches in exchange for access to the government and special favors;
- Hillary Clinton, in an effort to hide these criminal activities, created a secret private server at her home;
- When
U.S. Congress requested that all server information be handed over to
them, Hillary Clinton ordered the records destroyed, along with 13 cell
phones, computers and other electronic devices;
- Hillary Clinton then continued to lie to the people and the FBI and the U.S. Congress regarding her actions;
- We now know that at least 5 foreign intelligent agencies managed to hack Hillary Clinton's private email server; our country's secrets were thus jeopardized and/or became available to foreign actors;
- The U.S. DOJ has been
fighting the FBI investigators tooth and nail to slow down the
investigation of Hillary Clinton and/or to prevent the agents from
actually investigating or limiting the investigations; many criminal statutes were not used against Hillary Clinton and her stuff;
- DOJ's
Loretta Lynch even met with Bill Clinton privately for 40 minutes or so
prior to announcing the ending of Hillary Clinton's criminal
investigation by the FBI in July 2016;
- Director
Comey has been fighting with Lynch over the limits placed upon his
agency by Obama/Lynch; this is the reason he disclosed so much
information to the public during his July 2016 announcement; he later
(October 28, 2016) revealed to US Congress that he continues the
investigation of Hillary Clinton;
- We
also now know that that are multiple investigations of Hillary Clinton
by the FBI: the email server; the Bill and Hillary Foundation
pay-to-play allegations; other corruption within the Obama
administration;
- Many
FBI agents have decided to leak this information to the public; god
bless them, as they are the true unknown heroes in this mess. It is
tragic that we ended up like that as a country, but the greed of Hillary
Clinton is her own undoing. She thought that she will get away with it
by hiding her activities and shielding herself by many layers of
staff. But some of that staff has been compromised.
- CNN
parted ways with political commentator Donna Brazile after leaked
e-mails demonstrated what appeared to be improper collusion with Hillary
Clinton's campaign. Donna Brazile then found a job with Hillary
Clinton's campaign, providing more proof of the unethical collusion;
- DOJ's Peter Kadzik provides a very helpful "heads up" about Hillary's email server investigation. This is what Kadzik emailed to John Podesta (via gmail) on May 19, 2015:
- There
is a HJC oversight hearing today where the head of our Civil Division
will testify. Likely to get questions on State Department emails.
Another filing in the FOIA case went in last night or will go in this am
that indicates it will be awhile (2016) before the State Department
posts the emails.
This
provides proof of the collusion between Obama's DOL and the Clinton
Campaign. They do everything they can to prevent or stop the criminal
investigation of Hillary and Bill Clinton. And when these illegal
activities are exposed, they then attack the people who expose this
information to the public. These are some very dangerous criminal thugs
folks. Hopefully people will open-up their eyes and get rid of them
and allow Trump and the people for change to drain the swamp.
All the polls and news show that this is now within reach; it is not a
long-standing dream anymore. Let us get the crooks out of government.
