Wednesday, December 28, 2016

PEOPLE EVACUATED FROM THEIR HOMES AFTER LARGE SINKHOLE DAMAGES UNDERGROUND GAS UTILITIES IN BETHLEHEM, PA

Wednesday, December 28, 2016 12:15PM
BETHLEHEM, Pa. (WPVI) -- Authorities are on the scene of a large sinkhole which has swallowed up part of a street in Bethelehem, Pa.

The hole was discovered sometime Wednesday morning near the intersection of Elm Street and Hamilton Avenue.

Action News is told it is about six feet deep and 12 feet wide.

Officials evacuated 13 people from several nearby homes when a strong natural gas smell was reported after the sinkhole opened.

Utility crews have arrived on the scene and shut off gas to the area as a precaution.

No injuries have been reported.

Warren Buffet's BNSF Railway to pay more than $147K in back wages, damages to former employee after the company retaliated against worker who reported safety concerns about track defects





December 28, 2016

OSHA finds global railroad company retaliated against worker
who reported safety concerns about track defects
BNSF Railway to pay more than $147K in back wages, damages to former employee

DENVER - An investigation by the U.S. Department of Labor's Occupational Safety and Health Administration has found that BNSF Railway Company violated federal law when it terminated a track inspector for insubordination after the employee reported railroad track defects to management.

OSHA has ordered BNSF to pay more than $147,000 in back wages and damages and take other corrective actions. Agency investigators determined the company retaliated against the former employee in violation of the Federal Railroad Safety Act. A Berkshire Hathaway company, BNSF is an international railroad operator headquartered in Fort Worth, Texas. It employs more than 42,000 employees.

"BNSF employees have the right to protect their safety and that of other employees and the public without fear of retaliation by their employer," said Gregory Baxter, regional OSHA administrator in Denver. "Our investigation and our actions on this worker's behalf underscores the agency's commitment to take vigorous action to protect workers' rights."

The company and the former employee may file objections or request a hearing, within 30 days of receipt of the agency's order, before the department's Office of Administrative Law Judges.

OSHA enforces the whistleblower provisions of the CPSIA and 21 other statutes protecting employees who report violations of various airline, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor. More information is available online at http://www.whistleblowers.gov/index.html.

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Editor's note: The U.S. Department of Labor does not release names of employees involved in whistle-blower complaints.

Police chases cause more injuries and damages than they worth: drivers and officers injured after a Jersey City police cruiser attempting to pull over a suspect crashed into another vehicle.

Police chases cause more injuries and damages than they worth: drivers and officers injured after a Jersey City police cruiser attempting to pull over a suspect crashed into another vehicle.
Jersey City police officers hurt in crash on Routes 1/9


Eyewitness News
Updated 2 hrs 39 mins ago
JERSEY CITY, New Jersey (WABC) -- A Jersey City police cruiser attempting to pull over a suspect crashed into another vehicle.

The cruiser collided with the other vehicle on Routes 1 & 9 at Duncan Avenue just after 1 a.m. Wednesday.

Two officers were taken to Jersey City Medical Center for neck and back injuries.

The occupants of the other vehicle were being treated for minor injuries.

The vehicle Jersey City police attempted to pull over continued into Newark.

A propane tank in a garbage truck exploded, sparking a fire that burned through four businesses in a Mendham, NJ strip mall


Propane tank explosion in garbage truck sparks strip mall fire in Mendham, New Jersey


MENDHAM, New Jersey (WABC) -- A propane tank in a garbage truck exploded, sparking a fire that burned through four businesses in a Mendham strip mall on Wednesday.

The operator of the private sanitation truck was collecting trash behind the Mendham Village Shopping Center when a propane tank exploded at around 6:15 a.m.

The truck uses a propane tank for fuel, a type of green technology.

The explosion shook nearby homes and the fire quickly spread to the strip mall.

The owner of the shopping center said four businesses were damaged -- a Chinese restaurant, a coffee shop, a pizzeria and a chocolate store.

The fire was extinguished in several hours.

The driver was not in the truck at the time of the explosion and was not injured.

Route 24 was closed to traffic between Cold Hill Road and Tempe Wick Road for fire department activity.

YOU LIE, YOU LOSE: chiropractors Preston Forthun, Angela Schulz, Huy Ngoc Nguyen and Adam Burke are among 21 people charged with conspiracy to commit auto insurance health care fraud


Feds Charged 6 Minnesota Chiropractors in Auto Insurance Fraud Scheme
 

Six Minneapolis-area chiropractors are among 21 people charged with conspiracy to commit health care fraud in what federal authorities described Wednesday as separate schemes that defrauded auto insurance companies out of more than $20 million.

More charges against more chiropractors are likely, the U.S. attorney for Minnesota, Andrew Luger, said at a news conference.

Luger said the chiropractors allegedly billed auto insurance companies for treatments that people who had been in accidents didn’t need and, in some cases, services they never provided. The chiropractors allegedly paid illegal kickbacks to “runners” to recruit accident victims, and some of the “runners” in turn paid kickbacks to patients to ensure that they kept coming back for unnecessary appointments, he said.

The other defendants are accused of working as “runners.” They typically made around $1,000 per patient they brought in and sometimes worked with patients to stage phony accidents so there would be police reports to back up their claims, he said.

“Kickback upon kickback, fraudulent billing, staging automobile accidents, this was the business model for these doctors,” Luger said.

The indictments name the chiropractors as Preston Forthun, Angela Schulz, Huy Ngoc Nguyen and Adam Burke. They were arrested Wednesday. Chiropractors Marilyn Comes and Darryl Hummeny were charged separately in a type of document that usually means a plea deal is in the works, and were not arrested.

Online court records didn’t immediately list attorneys for most of the defendants, who were making their first court appearances Wednesday. But attorneys listed for Burke, Comes and Hummeny did not immediately return phone calls seeking comment.

Luger said the defendants took advantage of an opportunity for fraud in Minnesota’s no-fault auto insurance system, which requires that policies cover at least $20,000 worth of medical bills for people injured in accidents. While some runners worked for more than one chiropractor, he said, the alleged conspiracies operated independently from each other. He expects more chiropractors will be charged.

“We know that there are many more out there committing the exact same conduct,” he said. “Our investigation does not end today, this is only the beginning, and you can expect more charges in the future.”

Insurance fraud is not a victimless crime, said Richard Thornton, special agent in charge of the Minneapolis FBI.

“The reality is every single person in Minnesota who owns a car is paying more for their car insurance because of this type of fraud,” he said.

Menzner Lumber and Supply fined $260K for inadequate machine guards after worker suffers injury while setting up molding machine






OSHA cites lumber company for inadequate machine guards after worker suffers injury while setting up molding machine


MARATHON, Wis. –Federal safety inspectors found multiple woodworking machines at a Wisconsin lumber company lacked adequate safeguards and that workers were not properly trained in isolating energy to machines to prevent contact with operating parts during set-up, servicing and maintenance.

On Dec. 27, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration proposed penalties of $260,113, to Menzner Lumber and Supply after its investigation of a June 29, 2016, injury in which a 24-year-old worker suffered the partial amputation of his right middle finger. In its investigation, OSHA identified three repeated and seven serious safety violations.

“Despite earlier machine-related injuries, OSHA found several machines at the company lacked adequate safeguards to prevent workers from coming in contact with operating parts,” said Robert Bonack, OSHA’s area director in Appleton. “Menzner Lumber & Supply should immediately re-evaluate its safety and health programs and ensure their workers are properly trained.”

OSHA also found electrical safety violations, lack of guarding on ladder wells to prevent falls, and inadequate energy control procedures at the facility.

In previous investigations, OSHA learned that a machine severed a 25-year-old employee’s left middle finger on April 2, 2015, and that a 34-year-old worker lost the tip of his right thumb on Jan. 12, 2015, when each came in contact with machine operating parts.

View current citations here.

The Marathon-based company manufacturers hardwoods, veneers, moldings and other wood products and operates facilities in four states. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Appleton Area Office at 920-734-4521.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
OSHA News Release:
12/28/2016

United Airlines agrees to remove hazards faced by baggage-handlers in precedent-setting US Labor Department settlement. Case highlights agency’s enforcement efforts in airline baggage-handling industry

United Airlines agrees to remove hazards faced by baggage-handlers in precedent-setting US Labor Department settlement
Case highlights agency’s enforcement efforts in airline baggage-handling industry


NEWARK, N.J. — For too long, a hard day's work for United Airlines' baggage handlers at Newark Liberty International Airport meant unnecessary pain and the risk of debilitating injuries caused by lifting customer baggage using awkward postures. From 2011 to January 2015, the airline's baggage handlers reported at least 622 musculoskeletal injuries.

The U.S. Department of Labor today announced a precedent-setting agreement with United to protect its employees from future injuries by improving its baggage-handling operation. The agreement settles a lawsuit filed by the department on behalf of its Occupational Safety and Health Administration to eliminate several hazardous conditions its inspectors identified in United's baggage-handling operation at Newark.

"We are pleased that United Airlines has recognized that employers have a responsibility to protect workers from the many hazards that can cause musculoskeletal injuries," said Robert Kulick, OSHA regional administrator in New York. "With this agreement, United will take the steps necessary to prevent its employees from suffering unnecessary injuries due to its deficient baggage-handling operation."

The agreement settles a citation that the OSHA Parsippany Area Office issued to United Airlines following an inspection at Newark Liberty. OSHA's inspection found five hazardous activities and conditions in United's baggage-handling operations that contributed to the high rate of injuries. These activities and conditions included:
  • Employees exposed to repeated bending, lifting and reaching hazards due to the presence of tubular bollards in front of conveyor belts.
  • The use of dual-tier conveyor belts to transport baggage in the outbound baggage room that required employees to bend over or reach overhead to access and lift baggage.
  • Manually loading and unloading gate-checked baggage at passenger jet bridges in the regional terminal.
  • The use of hand-held scanners at the cargo bay entrance that exposed employees to the hazards of repeated twisting, pushing, pulling and lateral motions with the arm extended from the body.
  • Prolonged loading and unloading of baggage in confined areas of the aircraft cargo bay.

In its settlement, United Airlines agrees to install mechanical conveyor belts on the passenger jet bridges located throughout its regional terminal. Mechanical conveyors will reduce employee exposure to known hazards by eliminating the need for the handlers to lift and lower passenger luggage to and from the jet bridges manually. The company will also retain a qualified expert to perform an evaluation of potential repetitive stress or injury risks in baggage-handling operations at Newark Liberty and to make recommendations to improve worker safety there. Additionally, the airline must adopt the expert's recommendations or similar measures to reduce the risk of repetitive stress injury, and form a dedicated safety committee comprised of the expert, as well as both management and employee representatives from the airline.

United Airlines has 90 days to complete the evaluation and must implement all recommendations within two years of the settlement agreement. The agreement gives OSHA authority to monitor the evaluation and abatement implementation process.

"This settlement will have long-term safety implications for the baggage-handling industry," said Jeffrey S. Rogoff, the department's regional solicitor in New York. "As one of the world's leading airlines, United Airlines is setting a workplace safety standard that other airlines will be compelled to follow."

This case was litigated by David Jaklevic and Amy Tai of the department's regional Office of the Solicitor in New York.

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 Parsippany Area Office at 973-263-1003.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov
OSHA & SOL News Release:
12/27/2016

G.D. Roberts & Co. Inc. fined $120K for safety failures after investigation of teenaged worker’s fatal injuries, two weeks after starting job

OSHA cites Wisconsin metal fabrication company for safety failures after investigation of teenaged worker’s fatal injuries, two weeks after starting job


COLUMBUS, Wis. – A federal investigation prompted by the death of a 17-year-old worker at a Columbus metal fabrication facility has resulted in multiple safety and health violations.

The U.S. Department of Labor’s Occupational Safety and Health Administration has issued 16 serious and one other-than-serious safety and health violations to G.D. Roberts & Co. Inc., for violations the agency’s inspectors found after a machine pinned and injured the teenaged worker on June 27, 2016. He died of his injuries on July 2, 2016.

“A young man suffered a tragic death shortly after starting a new job, leaving his family to grieve their overwhelming loss,” said Ann Grevenkamp, OSHA’s area director in Madison. “Proper lockout devices along with training could have prevented this tragedy.”

Investigators determined the worker was clearing scrap below a loading table for an operating laser-cutter system when the machine lowered onto the victim, trapping him beneath. OSHA found that the company failed to ensure procedures to lockout the machine to prevent unintentional movement were followed, and did not train its employees properly in such safety procedures.

The agency also found G.D. Roberts failed to:
  • Conduct periodic inspections of machine safety procedures.
  • Affix lockout devices to isolate energy prior to allow employees to enter machine hazard areas.
  • Conduct noise monitoring.
  • Provide employee’s audiograms.
  • Train workers about noise hazards.
  • Follow respiratory protection standards such as fit-testing, training and medical evaluations for employees.
  • Evaluate for airborne hazards.
  • Implement engineering controls for dust and other airborne hazard exposure resulting in employee overexposure.
  • Maintain chemical inventories.
  • Train workers in forklift operation.
  • Seek manufacturer approval prior to modifying forklifts.
  • Train employees about chemicals in use in the workplace and maintain a chemical inventory.

OSHA has proposed penalties of $119,725. View current citations here.

The company fabricates metal trailers and has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Madison Area Office at 608-441-5388.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
OSHA News Release:
12/27/2016

Sewer pipe burst created a 250-foot-long, 100-foot-wide sinkhole in Fraser, Michigan, a suburb of Detroit, on Christmas Eve morning; 22 homes evacuated, state of emergency declared






Massive Sinkhole in Fraser, Michigan, Prompts Evacuations, State of Emergency

by Elizabeth Chuck



Massive Michigan Sinkhole Threatens Neighborhood 1:29

A massive sinkhole in Michigan is threatening homes and forcing officials to pump sewage into a nearby river as they race to prevent the sludge from filling residents' basements.

The 250-foot-long, 100-foot-wide sinkhole erupted in Fraser, Michigan, a suburb of Detroit, on Christmas Eve morning. Authorities believe it formed after an 11-foot-wide sewer pipe burst 55 feet below ground.

Fraser Mayor Joe Nichols declared a state of emergency on Saturday and ordered 22 homes, all on one street, to be evacuated. There have been no deaths or injuries, but three homes have been deemed uninhabitable because of damage from the sinkhole.

"One is halfway down [the sinkhole] and the other two are leaning that direction," Bob Cannon, supervisor of neighboring Clinton Township, told NBC News.  


Power and gas have been shut off in the area as engineers redirect sewage into the Clinton River after rainfall threatened to send it cascading into basements. The river isn't connected to any sources of drinking water for the area, and will "correct itself over a number of months" and filter out the sewage, Cannon said.

"It's a bad choice, but a better choice than having it go into our basements," he said.

The hole is still growing and authorities say the ground won't be safe enough for residents to return for at least two weeks. Gas and water have been shut off as engineers work to steady the sinkhole and start filling it back in.

This isn't the first time a sinkhole has struck the area: The same road caved in in 2004. That collapse took more than $50 million and 10 months to fix, according to The Detroit News.

"My heart goes out to you," Nichols, the mayor, told residents at a packed City Hall meeting on Monday, The Detroit News reported. "I know that people here are very upset and understandably so. We are upset for you. We are looking for answers. If we stay strong, we will get through this … and we will get home."







What Causes Sinkholes? 0:43

The sinkhole runs along 15 Mile Road, which divides the two communities of Fraser and Clinton Township. It's expected to shut down 15 Mile for several months — a problem for an area that's home to more than 100,000 people. Engineers with civil engineering firm Anderson, Eckstein and Westrick are working to secure the area. The firm did not return a call from NBC News on Tuesday but told The Detroit Free Press it was considering building a temporary roadway while 15 Mile is compromised





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Fraser begins sewage release into river after sinkhole
Robert Snell , The Detroit News 11:09 p.m. EST December 26, 2016

Scott Lockwood, executive vice president of Anderson, Eckstein & Westrick engineering firm, discusses developments with the sinkhole at a public meeting at Fraser City Hall in Fraser, Mich., on Dec. 26, 2016. The meeting offered residents updates on the situation near 15 Mile. Robin Buckson, The Detroit News

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(Photo: Robin Buckson / The Detroit News)

Fraser — The city's mayor said Monday night that crews have begun pumping sewage into the Clinton River after rainfall threatened to affect residents' basements near a sinkhole that could keep some from returning to their homes for two weeks.

Local and county officials on Monday braced residents near 15 Mile and Eberlein for a long, costly fix, officials said.

City officials, in consultation with the Michigan Department of Environmental Quality, decided to dump the sewage after saying rainfall could lead to overflows into basements.

"(In) the last couple of hours, the weather conditions, while record temperatures, have deteriorated and in lieu of impacting people's basements, it's currently being discharged," said Fraser Mayor Joseph Nichols, who said the discharge began between 4 p.m. and 5 p.m. "Engineers are working on all the necessary precautions and the MDEQ were made aware."

The update followed a special meeting at Fraser’s City Hall two days after a large sewer interceptor collapsed on Christmas Eve, severing public utilities in the area and forcing the evacuation of more than a dozen homes, throwing holidays into chaos. Most residents are being allowed to return to gather possessions but cannot live in the homes for now, and 15 Mile near the 100-foot wide, 250-foot long sinkhole will be closed for several months.

City, county and state officials are working on re-establishing gas, water and electrical service and building a temporary road that will serve as a detour around the site and let residents access a nearby senior citizens center.

Monday’s meeting at City Hall drew a standing-room-only crowd of more than 50 people, and the crowd buzzed with concerns and complaints about a lack of insurance coverage, inability to enter or leave a senior citizen complex near the sinkhole, impact on property values and disruption to Christmas plans.

“My heart goes out to you,” Nichols told the crowd. “I know that people here are very upset and understandably so. We are upset for you. We are looking for answers. If we stay strong, we will get through this … and we will get home.”

Nichols said he planned updates for residents at 6 p.m. Jan. 9 and Jan. 31 at City Hall. He said the city should be through the "triage phase" by Jan. 9; by Jan. 31, "we'll have residents not directly impacted back in their homes."

The collapse is the third to happen in the area in about 40 years and came 12 years after a smaller collapse led to a $50 million fix that took 10 months to complete.

Residents pushed local and county officials to identify what caused the collapse but were told it was too early. State Rep. Steve Bieda said the state can help investigate the root cause of the collapse.

“The immediate thing is to make sure everything is stabilized and people are taken care of and to try to protect property to the extent we can,” Bieda, D-Warren, told residents. “It’s obviously a very emotional thing and I’m very concerned about residents and businesses in this area.”

The sinkhole on Christmas Eve emerged due to a leaky sewer line between Utica and Hayes roads, authorities said. The row of homes most affected and evacuated were at the corner of 15 Mile and Eberlein Drive. Police closed 15 Mile between Utica and Hayes as a precaution and the city declared a state of emergency in the area.

Residents at three neighboring homes near 15 Mile and Eberlein were hit hardest by the collapse and could be forced to wait much longer to return to their homes. Sue and Jerry Albu evacuated Christmas Eve after awakening to the sounds of their home’s foundation cracking.

“The entire house could slide into this developing sinkhole at any time,” said engineering consultant Fritz Klingler, who is working on repairs. “The house is very unstable.”

The Albu’s lawyer, Frank Guido, questioned whether repair work performed after the 2004 collapse weakened the interceptor and related infrastructure.

“I’m concerned,” Guido told city officials.

The 2004 sinkhole was repaired, inspected two years later and repairs made in 2010, Klingler told the lawyer.

The concerns voiced by residents Monday ranged from health, to practical matters such as drinking water, to the impact on school bus routes and mail delivery.

“It’s the little things,” said Thomas Bender, who lives several houses away on the Eberlein cul-de-sac “You still got to pay your bills.”

Resident David Bogdan, citing the 2004 collapse, had a simple, elusive question.

“Why is this happening?” Bogdan asked.

He also questioned the wisdom of pumping sewage into the Clinton River if the sinkhole worsens.

Pumping sewage into the river and county drains is a drastic, but possibly needed, measure, said project manager Louis Urban of Anderson, Eckstein and Westrick Inc.

“If there is an enormous rain or a complete collapse of the interceptor,” Urban said.

Local florist Anthony Michael has flushed holiday profits in recent days because his store is near the sinkhole and inaccessible.

The Flower Peddler owner lost about $10,000 worth of Christmas flower sales over the weekend, he estimated.

On Monday, he prepared to dump unsold inventory.

“Or I’ll probably run a sale: poinsettias for 50 cents,” Michael said.

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