No coverage for flesh-eating bacteria, cancer-causing chemicals, and mold: Harvey and Irma's lingering health threats

Understanding the Spike in Mold Claims
Environmental policies are more important than ever
By Kari A. Dybdahl





From mold to Legionella bacteria outbreaks, environmental- and pollution-related losses on commercial properties are on the rise, and these types of claims will only increase in the wake of Hurricanes Harvey and Irma. As a result, closer attention is being paid to pollution exclusions on property and liability policies.

This reality is changing the game as far as which coverage forms respond to losses and how claims are approached. For example, water grossly contaminated with bacteria is now handled as an environmental claim instead of being covered as a water loss under property policies. Mold losses that once fell under property policies as water losses are now either excluded or subject to significant sub-limits. More publicly known, Legionella claims are triggering pollution exclusions found in general liability and property policies.

As risk managers witness the change in how claims professionals read and apply pollution exclusions, insurance professionals have a great opportunity to offer environmental liability products to their commercial-property clients—and to protect themselves from errors and omissions claims.

For hospitality and high-rise condominiums—the traditional buyers of environmental impairment liability (EIL) policies—claims related to mold outnumbered all other claims even before Hurricanes Harvey and Irma. However, we have found that fewer than one percent of commercial building owners purchase EIL coverage. This means 99 percent of commercial buildings are underinsured for claims associated with contamination, including mold.

Recent flooding—especially from Hurricane Harvey—will compound this issue. According to the Institute of Inspection Cleaning and Restoration Center’s (IICRC) Standard and Reference Guide for Professional Mold Remediation, mold needs three things to grow: a food source, heat, and water. Depending on the amount of saturated organic matter, mold spores can colonize within 72 hours. If relative humidity is 60 percent or over for an extended period of time, there will be environmental losses. Furthermore, bacteria can reproduce their colonies by 100 percent every 20 minutes in an ideal situation, and Hurricane Harvey created ideal situations for both mold and bacteria growth. Hurricane Irma may well have created such conditions in certain areas, as well.

The poor take-up rate of EIL insurance in the commercial property space can be explained by the general breakdown in the insurance distribution channel for environmental insurance products. Most commercial property insurance agents and brokers are not trained in pollution, fungi, and bacteria exclusions, so they cannot effectively convey the need for environmental insurance to their customers. Insurance buyers, therefore, do not see a need to purchase environmental coverage for their loss exposures. We believe this, rather than price, is the main reason for low EIL insurance market penetration.

Historic Inconsistencies in Applying Exclusions

The current influx of mold claims under EIL policies began in 2005 when insurance companies began including exclusions for fungi, mold, and bacteria losses into virtually all personal and commercial insurance policies. The anti-concurrent causation clauses eliminate coverage for ensuing losses from an otherwise covered cause of loss. Once any amount or type of mold or bacteria becomes involved in a loss scenario, the entire loss falls under the anti-concurrent causation exclusion. Claims professionals are very skilled at the use of anti-concurrent causation provisions found in flood exclusions, and this same skill should be applied to the anti-concurrent causation provisions for fungi and bacteria.

In addition to these specific policy exclusions, bacteria contamination has been determined by case law in many states to be a “pollutant” in insurance policies for decades. Therefore, damages from leaking drains and sewage (Category 3 water, which is the IICRC’s classification for water considered “grossly unsanitary”), or any water you wouldn’t drink, can be excluded by both fungi/bacteria exclusions and a pollution exclusion on the same policy.

These double exclusions for Category 3 water-related losses should have driven many claims to high-quality EIL policies over a decade ago. But it never happened.

Essentially, most claims professionals were unaware of how these new anti-concurrent fungi, mold, and bacteria exclusions were designed to operate, and, as a result, fungi, mold, and bacteria claims were paid as ensuing losses from covered water damages rather than excluded when the water was grossly contaminated with bacteria. Ignoring these anti-concurrent causation provisions played a significant role in delaying the migration of claims to, and the customer demand for, EIL polices.

Rising Application of Exclusions Leads to More EIL Claims

Increasingly, claims professionals are discovering the intent of fungus, mold, and bacteria exclusions in water damage losses, and they are figuring out how mold and bacteria exclusions and sub-limits operate to limit insurance recoveries under standard property and liability policies. Environmental loss exposures to commercial properties can be applied in a broad sense. We have heard and seen environmental claims on commercial properties varying from a banana peel shutting down the ICU of a hospital to an elementary school condemned due to mold, resulting in the school being shut down for an extended period.

Now, more denied mold claims in the standard property and liability insurance policies are spilling over to the EIL polices, if an EIL policy has been purchased. This, more than changes in weather patterns or increased take-up of EIL policies, is driving the recent rise in EIL claims. More Category 3 water losses are being shut off at the $25,000 sub-limits commonly found in property insurance policies for bacteria and mold-related losses.

The good news for insurance purchasers is that bacteria can be an insured pollutant in specifically designed EIL polices. EIL policies provide broader coverage for mold- and bacteria-related losses than traditional property and liability insurance policies, even if those policies do not have anti-concurrent causation fungi and bacteria coverage restrictions. EIL policies cover first-party property damage (cleanup and restoration expenses, loss of rents, and extra expense) as well as third-party liability and defense costs that may also be incurred by the owners of commercial properties.

Considering the frequency of mold-related damages in commercial properties due to wet drywall, broader coverage under EIL policies combined with more excluded fungi and bacteria claims under traditional property and liability insurance policies would logically explain how mold became the cause of so many EIL claims in 2016.

We should ask ourselves, where did the other 99 percent of mold- and bacteria-related losses not covered by commercial property policies end up? My educated guess is these incurred losses are festering and looking for a home for cost recovery. If the insurance buyer has not already declared bankruptcy from an uninsured fungi-, mold-, or bacteria-related loss, then cost-recovery efforts usually end up in court, in a search of responsible parties.

For example, there is a commercial office building in the middle of an environmental loss due to a fiber optics contractor drilling into the main water line and sewer line. Recently, a rainstorm caused a flood of water grossly contaminated with bacteria, which closed a dentist’s office down for two weeks. This most recent flood resulted in human waste sitting stagnant in the parking garage for over two days. The property owner was aware of the specially designed EIL policy and how it would be applied, but declined to purchase the coverage. That property owner will ultimately be funding this loss out of his own pocket when an EIL policy could have been triggered.

The use of EIL policies is no longer limited to hazardous material manufacturers or facilities. The need for EIL policies should be applied to commercial buildings and managers more than ever. The frequency of mold-related losses in commercial buildings occur more than we might think.

Based on the loss results in EIL policies, it appears that the anti-concurrent causation exclusions for losses related to fungi and bacteria in property and liability policies are finally taking hold in claims settlement practices on commercial properties. The big question is, when will EIL insurance become an accepted and necessary line of insurance in the commercial property space?



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Flesh-eating bacteria, cancer-causing chemicals, and mold: Harvey and Irma's lingering health threats
Doctors are finding health problems left over by the storm.
Updated by Julia Belluz@juliaoftorontojulia.belluz@voxmedia.com 

October 16, 2017
  A casket in Texas uprooted by the floods of Hurricane Harvey. Photo by Spencer Platt/Getty Images

In the weeks following Hurricane Irma, parts of Florida have been awash in millions of gallons of sewage. Meanwhile, in Texas, oil refineries and chemical plants have dumped a year’s worth of cancer-causing pollutants into the air following Hurricane Harvey. In both states, doctors are on the lookout for an uptick in respiratory problems, skin infections, and mosquito-borne diseases brought on by the water and mold the storms left behind.

Thanks in part to better emergency planning and response, the immediate death tolls from Harvey and Irma seem to be far lower than those of Hurricanes Katrina and Sandy, which took some 1,400 and 117 lives in the US respectively. So far, a total of 80 deaths have been reported in Texas after Harvey, and there have been at least 42 deaths in Florida as a result of Irma.

But health officials are warning about the much longer-term health fallout from this year’s hurricane season. America’s Gulf Coast region perennially records some of the worst health outcomes in the US — and they’ll almost surely be aggravated by the storms that recently slammed the southern states. (That’s not to mention the hurricanes’ hefty price tag, which could total nearly $200 billion.)

Here are some of the most severe and worrying health problems that may linger in the southern US, long after the 2017 hurricane season.
1) A bacteria could cause an uptick in skin infections and deaths People walking down a flooded streets as they evacuate their homes after Hurricane Harvey on August 27, 2017, in Houston, Texas. Photo by Joe Raedle/Getty Images

Vibrio vulnificus is a bacterium that lives in the Gulf Coast waters and kills one in seven people it infects. It’s also one of several pathogens that can lead to necrotizing fasciitis, which is commonly referred to as “flesh-eating disease.”

With the flooding from the hurricanes and storm surges, people have been coming into contact with coastal water, and potentially with Vibrio.

“We’re on the lookout for that here [in Texas],” said Peter Hotez, dean of the National School of Tropical Medicine and a professor of pediatrics and molecular virology and microbiology at Baylor College of Medicine.

Health officials in Texas have already announced the death of a 77-year-old Harris county resident from Vibrio: She came into contact with flood waters when they ripped into her home, and later died as a result of flesh-eating disease. According to Florida Department of Health, as of October 13, 41 cases of vibrio have been reported this year across 20 counties.

The toll may continue to grow. There was an uptick of Vibrio infections across the Southern US following Katrina, including five deadly cases — and Hotez said health officials expect we’ll see much the same following Harvey.

Though infections are rare, Vibrio can sicken people — especially those with weakened immune systems or other chronic health issues — in two disturbing ways: 1) through wound infections, which sometimes require amputation to get rid of; 2) and through septicemia, an infection of the bloodstream. “We’ll be watching for skin infections from people who have had direct contact with floodwaters,” Hotez added, “especially if they’ve had open wounds.”
2) Parts of the Texas Gulf Coast have been bathed in cancer-causing pollutants An oil refinery in Corpus Christi, Texas, before the arrival of Hurricane Harvey on August 25, 2017. Photo by Joe Raedle/Getty Images

The hurricanes that hit the US also unleashed a cloud of pollutants that pose health dangers — in both the short and long term.

The Texas Gulf Coast is home to many of the nation’s oil refineries and chemical plants, which routinely use chemicals like benzene that are known carcinogens. Harvey flooded or damaged more than 50 oil refineries and chemical plants, dumping a year’s worth of pollutants into Texas within a matter of weeks.

According to the Austin American-Statesman, “Fifty-five refineries and petrochemical plants in the Houston, Corpus Christi and Beaumont areas collectively emitted 5.8 million pounds of benzene, ammonia and other pollutants to the air in connection with Hurricane Harvey.” Independent environmental advocacy groups have already been warning that benzene levels in some areas of Texas have reached worrying highs, while more than a dozen toxic waste sites were also flooded or destroyed.

“Whether there’s going to be an uptick in cancer rates is something we’re going to have to follow,” said Hotez.
3) Irma caused more than 28 million gallons of sewage to be dumped across Florida A truck stranded in sand and sewage in Key West, Florida, near the southernmost point of the United States, two days after Hurricane Irma slammed into the state on September 12, 2017. Photo by Chip Somodevilla/Getty Images

South Florida is not the petrochemical capital Texas is. But many of its septic tanks, wastewater treatment plants, and agricultural and industrial areas were flooded or shut off because of Irma, releasing raw sewage and waste across the state in what’s been described as “a literal shitstorm.”

Florida relies on a system of wastewater lift stations with electronic pumps that move sewage through the state. But when Irma knocked out the electricity in many areas, some of the sewage pumps were also cut off, leading to overflows and spills of raw sewage — which harbor dangerous bacteria, viruses, and parasites, such as E. coli, salmonella, and hepatitis A.

There have already been dozens of Irma-related pollution notices describing the streets, homes, and neighborhoods that have been drenched with wastewater. Emily Atkin at the New Republic tallied up the total damage in these filings — and it’s staggering:


Combined, those discharge reports showed more than 28 million gallons of treated and untreated sewage released in 22 counties. The total amount is surely much more; at least 43 of those reports listed either an “unknown” or “ongoing” amount of waste released, and new reports continue to roll in — sometimes as many as a dozen per hour.

That’s why the Florida Department of Health is warning locals to take precautions and avoid the polluted water Irma left behind.
4) The mold left behind by the hurricanes may lead to respiratory problems A mold-covered ceiling fan in New Orleans after Hurricane Katrina devastated the area in 2005. Photo by Ethan Miller/Getty Images

Hurricane Harvey dumped more than 50 inches of rain on Texas and Louisiana. Irma drenched Florida in 16 inches of water. When people’s homes and workplaces have been swamped, the moisture that’s left behind — especially in the hot and humid South — becomes a breeding ground for mold. And mold can wreak havoc on the respiratory system.

According to 2009 World Health Organization guidelines on the health impacts of mold, exposure to spores can cause or worsen asthma, lead to respiratory infections, and bring on fits of coughing and wheezing as well as difficulty breathing. The Centers for Disease Control and Prevention advised those affected by the storms to quickly clean up the mold in their homes. But that work isn’t always straightforward because mold can be difficult to spot: After Hurricane Katrina, even homes that were only partially flooded had mold lurking within their walls.
5) The storms could exacerbate mosquito-borne diseases Debris is seen during a storm surge near the Puerto Chico Harbor during the passing of Hurricane Irma on September 6, 2017, in Fajardo, Puerto Rico. Photo by Jose Jimenez/Getty Images

Massive floods, like the ones Harvey and Irma caused, wash away mosquito breeding sites, as well as the insects that transmit diseases like Zika and West Nile. But in the pools of water that are left behind by the storms, mosquito populations can quickly reestablish themselves — and again threaten transmission of those viruses.

“If there’s increased transmission of mosquito-borne diseases [after the hurricanes], it’ll be from West Nile and Eastern equine encephalitis,” explained Duane Gubler, an expert on mosquito-borne diseases with Duke-NUS Medical School. Unlike other mosquito-borne diseases, such as chikungunya or Zika, West Nile and Eastern equine encephalitis are always present in the US, circulating in birds and mosquitoes, and don’t need to be imported by travelers from abroad to spark outbreaks.

But there’s some good news here: Storms aren’t always followed by increased transmission of mosquito-borne diseases, and we’re nearing the end of transmission season in the US, with the weather cooling down in time for winter. (Peak transmission typically occurs in August through early October.)

“If the mosquito transmission cycle gets knocked down by the storms and has to re-amplify, there may not be enough time after October,” said Scott Weaver, director of University of Texas Medical Branch’s Institute for Human Infections and Immunity. What’s more, states have been taking precautions after the hurricanes, with large-scale spraying efforts to control mosquito populations. And we’re also at the tail end of the Zika and chikungunya outbreaks here.

But Weaver warned of a longer-term threat. The Caribbean islands, which have been in the crosshairs of Hurricane Irma — and now Hurricane Maria — have suffered a huge amount of damage. “If some of these islands lose their capacity to do mosquito control, and the destruction from the storms creates opportunities for larger mosquito transmission,” Weaver said, we might see an uptick of the mosquito-borne diseases that circulate there, like dengue (which could spread beyond the Caribbean’s borders as people travel to and from the islands, carrying the viruses with them).
6) Mental health problems are expected to linger for years Artemio Tamez and Franco Tamez sit in front of Franco's house after torrential rains caused widespread flooding during Hurricane Harvey on September 2, 2017, in Houston, Texas. Photo by Joe Raedle/Getty Images

Irma and Harvey damaged property in hundreds of communities, mainly in Texas and Florida but also parts of neighboring states like Louisiana and Georgia. A staggering 40,000 people lost their homes due to Harvey; the flooding also ruined a million cars. The stress and anguish that arises after such devastating losses of property can carry serious mental health consequences — particularly among those who have a history of anxiety or depression.

In the month after Hurricane Katrina, some 17 percent of people in New Orleans reported experiencing mental problems, most commonly post-traumatic stress symptoms including nightmares and flashbacks. Among children, the rates were even higher: 37 percent of kids who lived through Katrina were diagnosed with a mental condition after the storm.

Charles Benight, who studies trauma at the at the University of Colorado, told Vox, “We all have a threshold that if we watch a loved one swept away in rushing water and drown, that can definitely create post-traumatic stress disorder.” In a situation like Harvey, he expects that between 5 and 15 percent of those affected will end up with “significant mental health challenges such as post-traumatic stress disorder.” Up to 50 percent, though, will experience shorter-term stress related to the storm and the recovery.

Former Pharr city commissioner Oscar Elizondo, 47, convicted after he conspired to submit more than $1.7 million in fraudulent insurance claims for high-priced pain patches and scar creams.

MISSION, TEXAS —



A former Pharr city commissioner was convicted Wednesday for his role in a scheme to defraud Blue Cross Blue Shield of Texas, federal prosecutors announced.

Oscar Elizondo, 47, conspired to submit more than $1.7 million in fraudulent insurance claims for high-priced pain patches and scar creams.

Elizondo was a marketer for Penitas Family Pharmacy in the South Texas town of Penitas, where he targeted employers that carried employee health insurance through Blue Cross, including the Pharr and Point Isabel Independent School District.


The city leader offered meals, drinks and promises of free prescription pain patches and scar creams to entice employees to turn over their insurance information. Meanwhile, his co-conspirators used the insurance information to submit fraudulent claims for treatments that employees never received.

Other employees were sent to a doctor involved in the scheme who received kickbacks, including cash, loans and prescription drugs. Elizondo also set up a temporary office for the doctor in a vacant office and a rented recreational vehicle where they solicited employees to write fraudulent prescriptions.

Elizondo vacated his seat on the commission earlier this year. He faces up to 10 years in federal prison and a $250,000 maximum fine when he is sentenced early next year before U.S. District Judge Randy Crane. He is free on bond, pending his sentencing.



The FBI, Mission Police Department, Texas Department of Insurance - Fraud Unit and Texas Health and Human Services Commission conducted the investigation.

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Omar Espericueta, 45, the owner of a Penitas Family Pharmacy

A federal grand jury has indicted the owner of a Rio Grande Valley pharmacy and a former Pharr city commissioner in a health insurance scheme to defraud Blue Cross and Blue Shield of Texas, federal prosecutors announced Friday.

Oscar Elizondo, 47, a former city commissioner of Pharr, and Omar Espericueta, 45, the owner of a Penitas Family Pharmacy, were charged with health care fraud, conspiracy to commit health care fraud and aggravated identity theft, according to a 16-count indictment.

Authorities allege Elizondo and Espericueta targeted employers that carry employee health insurance through Blue Cross, submitting more than $1.7 million in fraudulent claims for treatments that many employees never received.

Working with contacts at the cities of Mission and Pharr, Frontera Produce and Point Isabel Independent School District, Elizondo allegedly promised free prescription scar creams and pain patches to entice employees to hand over their insurance information, according to the indictment. The insurance information and prescriptions were then used to submit fraudulent claims to Blue Cross, prosecutors allege.

The indictment alleges Espericueta directed some employees to a doctor he was paying bribes to, including cash, loans and prescription drugs. On some occasions, it said, Espericueta and Elizondo, who vacated his seat on the commission earlier this year, set up a temporary office for the doctor in a vacant office, or a rented recreational vehicle where they solicited employees in order to write fraudulent prescriptions.

Conspiracy to commit health care fraud and health care fraud carry a maximum sentence of 10 years in federal prison. Aggravated identity theft carries a mandatory two‐year additional prison term.



======================



Pharmacy owner released in federal healthcare fraud case
Attorney says USAO’s office taints cases with news releases


McALLEN, TX — The owner of a local Valley pharmacy is back home after a federal judge granted him bond Tuesday morning.

Omar Espericueta, 45, of Mission, posted a $100,000 bond Tuesday afternoon after U.S. Magistrate Judge Dorina Ramos granted him an unsecured bond, court records show.

Espericueta, who owns Peñitas Family Pharmacy, also known as Riverside Pharmacy, had been in detention of the U.S. Marshals’ Service since last Thursday when he was arrested in connection with a healthcare fraud scheme that government prosecutors say involved nearly $2 million in fraudulent health insurance claims, according to court records.


But Espericueta’s attorney, Carlos A. Garcia, a Mission-based criminal defense attorney, said he was displeased with a news release that followed his client’s arrest last week.

The news release, which detailed elements of the allegations against the two men, was sent by the U.S. Attorney’s Office, a common practice utilized by the office to underscore prominent cases.

Garcia said Wednesday that the USAO’s practice of releasing selected information contained within a complaint or indictment and then disseminating it to the media is done in an attempt to sway opinion of defendants.

“I’m not surprised by the USAO releasing a statement in an effort to taint or influence the perception of an arrest, but that negative perception is just that, perception,” Garcia said.

“The law requires that people who will eventually sit in judgment of Omar are instructed that the mere fact that a person was arrested, charged or indicted of an offense, raises no inference of guilt,” he added.

The USAO’s release last week related to the arrest of Espericueta and an associate included the following line at the bottom of the release: “An indictment is an accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.”

Federal agents also arrested former Pharr commissioner Oscar Elizondo, 41, of Pharr, in connection with the scheme.

Elizondo served as a marketer for Espericueta’s pharmacy.

Elizondo, who faced Ramos on Monday morning for his initial appearance hearing and is expected to be back in court Thursday to lobby for his own release, faces two counts of healthcare fraud, two counts of aggravated identity theft, and one count of conspiracy to commit healthcare fraud, which could land him in federal prison for up to 10 years.


A request for comment sent to Elizondo’s attorney, Ricardo Salinas, went unreturned as of deadline.

Federal prosecutors allege that the two men submitted nearly $2 million in fraudulent claims to Blue Cross and Blue Shield of Texas for costly pain patches and scar creams, court records show.

Espericueta on Tuesday pleaded not guilty to all 16 counts in the indictment — which included eight counts of healthcare fraud, and three counts of fraud with identification documents, to name a few.

In addition to the punishment range of 10 years each and a $250,000 fine, the government is seeking a monetary judgment of about $1.4 million, records show.

Garcia said he was looking forward to the trial, and would be back in court with his client Sept. 1 for a pre-trial hearing.

“Mr. Espericueta is strong in his faith — in his commitment to the truth,” Garcia said. “And the truth in this case will eventually set him free.”

A unit of American International Group Inc. (AIG) was recently ordered to continue defending against thousands of asbestos-related claims filed by World Trade Center construction workers. The insurance firm attempted to argue that its duty to defend had ended.

A unit of American International Group Inc. (AIG) was recently ordered to continue defending against thousands of asbestos-related claims filed by World Trade Center construction workers. The insurance firm attempted to argue that its duty to defend had ended.

The insurer sued the Port Authority of New York and New Jersey in 2012, claiming its obligation to pay for asbestos claims was exhausted. Port Authority then countersued, claiming AIG is merely trying to avoid its obligations which were solidified in a 1966 contract. Port Authority manages New York and New Jersey’s port and transportation facilities, which included the original construction of the World Trade Center towers in Lower Manhattan.

Other defendants named in the asbestos claims include the aluminum producer Alcoa Inc., Mario & DiBono Plastering Company, and Tishman Realty & Construction Company. Alcoa was contracted during World Trade Center construction to install aluminum curtain walls on the exterior of the towers. Mario & DiBono applied insulation that contained asbestos to the exterior columns and beans in the first 39 floors of one of the World Trade Center towers. Tishman was Port Authority’s contractor and agent.

AIG also attempted to argue that the claims apply to the premises-operations hazard or completed operations hazards sections of the insurance policy, and that in order for plaintiffs to sue they would have to prove their exposure occurred during the policy period or five years thereafter. The insurer claimed the pending World Trade Center injuries occurred after that period, and could therefore not be covered by the premises-operations hazard.

The contentious general liability policy was originally issued to the Port Authority during construction of the Hudson Tubes, in which trains from New Jersey traveled to the World Trade Center station. AIG contends that its policy includes a $10 million per-occurrence limit for World Trade Center asbestos claims, and that it has already paid out more than that to claimants.

The judge in this case, however, tossed AIG’s contentions, forcing the insurer to continue defending Port Authority against the asbestos claims. In the ruling she states that nowhere in the policy does it state that AIG’s responsibilities were terminated upon exhaustion of the $10 million liability limit. Citing precedents by other New York courts, she further stated that AIG should in fact pay for the defense of all underlying claims.

This final ruling stemmed from AIG’s April 2011 decision to defend only those claims that involved injuries at the World Trade Center site and not those related to off-site injuries. The decision also dismisses Tishman Realty from the suit because it never sought coverage under the AIG policy. DiBono and Alcoa remain defendants.

The workers involved in the original construction of the World Trade Centers are not the only ones filing claims of asbestos exposure. Individuals involved in the rescue, cleanup, and recovery of the September 11, 2001 site are another group known to be at risk of exposure. Because asbestos was widely used in the towers’ construction, hundreds of tons of asbestos were released into the atmosphere when they collapsed in the attack. According to the National Cancer Institute, those individuals at greatest risk include police officers, firefighters, paramedics, volunteers, and construction workers who worked at Ground Zero.

Others who may be at risk are those who lived in close proximity to the towers or who attended work or school nearby. One study found that about 70% of rescue and recovery workers at the site reported new or worsening respiratory problems while working there, and about 28% tested positive for abnormal lung function. There is also evidence that family members of exposed workers also face an increased risk of asbestos exposure and consequent lung diseases, such as mesothelioma. 

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US Environmental Inc. was cited by OSHA for failing to protect workers from confined space and fall hazards.

OSHA cites Downingtown company for failing to protect workers' safety Updated: November 29, 2017 — 5:20 PM EST
 

US Environmental Inc. willfully exposed workers to confined space and fall hazards at its Downingtown location, the U.S. Department of Labor’s Occupational Safety and Health Administration said Wednesday. The waste-disposal company was cited with 12 safety violations and faces proposed penalties of $333,756. 

  US Environmental Inc. was cited by the U.S. Labor Department’s Occupational Safety and Health Administration for failing to protect workers from confined space and fall hazards.

When OSHA investigators inspected its facility on May 31, they found the company had failed to implement rescue procedures for employees in confined spaces, provide protective equipment when working in confined spaces, and provide employees with fall protection training and equipment, the agency said.

“It is fortunate that workers did not suffer serious injuries or worse,” OSHA area office director Theresa Downs said in a statement. “Employers must follow appropriate atmospheric testing procedures, and provide adequate training and safety equipment to protect workers from potential confined-space hazards.”

The company, which has 15 days to respond about the OSHA findings, declined to comment Wednesday.

Energy, Environmental, Transportation, Disposal and Industrial Services

US Environmental is an integrated Industrial Energy Services company providing turnkey client based solutions for the energy, petroleum, natural gas, petro-chemical, power, chemical, manufacturing and engineering sectors.

We are Caring Professionals:

As a leading provider of energy, industrial field services, environmental, transportation and disposal, US Environmental provides turnkey client based solutions. Our broad range of Energy Services include gas field, oil field, refineries, storage and distribution and power. With a wide range of Industrial Field Services including high pressure blasting, chemical cleaning, Hydro Jetting/line cleaning and inspection,tank cleaning, on-site dewatering, Hydro Excavation (soft dig), turnaround services, exchanger cleaning and liquid and dry vacuuming. Providing hazardous and non-hazardous waste disposal, treatment and processing, waste recycling and beneficial re-use, chemical lab packing and a full range of transportation services.

Integrated Services provided safely, on time
and on budget

US Environmental is a leading provider of integrated energy services providing turnkey client based solutions to the energy, natural gas, petroleum, petro-chemical, specialty chemical, manufacturing, power and engineering sectors. Providing a comprehensive response to each client's unique service needs. With just one call the trained caring professionals at US Environmental will provide you with a wide range of service solutions for all of your energy, industrial field services, environmental, transportation and disposal needs .

About US Environmental

US Environmental is a leading provider of integrated industrial energy services providing turnkey client based solutions to the energy, petroleum, natural gas, petro-chemical, power, chemical, manufacturing and engineering sectors headquartered in Downingtown, Pennsylvania. The company services thousands of clients including Fortune 500 companies, local, state and federal entities, as well as privately held clients helping them stay in compliance, safe, on schedule and on budget with a full range of services including:

Industrial Field Services

• High Pressure Blasting
• Chemical Cleaning
• Hydro Jetting/ Line Cleaning and Inspection
• Tank Cleaning
• On Site Dewatering and Processing
• Fin Fan Cleaning
• Hydro Excavation (soft dig)
• Turnaround Services
• Exchanger Cleaning
• Liquid and Dry Vacuuming

Environmental Services

• Transportation
• Chemical Lab Packing
• Waste Disposal
• Waste Recycling and Beneficial Re-use
• Treatment and Processing

Energy Services

• Gas Field Services
• Gas Field Fluids Management, treatment and recycling
• Gas Field Drill Cuttings management, processing and beneficial re-use
• Oil Field Services
• Storage and Distribution Services
• Power

Our caring highly trained professionals are in full compliance with all applicable training requirements and adhere to regulatory guidelines on every project, every time.

A worker died Wednesday after being confined inside a tanker trailer at Linden Bulk Transportation, LLC 4200 Tremley Point Road in Linden, New Jersey

LINDEN, NJ - A worker died Wednesday after being confined inside a tanker trailer at 4200 Tremley Point Road.  This is the address for Linden Bulk Transportation, LLC.



About Linden Bulk Transportation LLC

Linden Bulk Transportation (LBT), established in 1982, provides safe, reliable bulk truck and intermodal transport across North America. Headquartered in Linden, New Jersey, Linden Bulk Transportation has over 350 power units, 675 trailers, and 150 ISO container chassis with lift kits. In addition to its Linden, NJ headquarters, Linden Bulk has facilities in Pennsylvania, Texas, and Louisiana.
Around 2 p.m. Linden police and firefighters responded to 4200 Tremley Point Road for a report of an unconscious man inside a tanker trailer.


Emergency personnel respond to a confined space rescue in Linden. (Photo: Courtesy of Linden Fire Department)


Members of the Linden Fire Department, assisted by Union County Hazmat and the Elizabeth Fire Department, performed confined space rescue efforts and were able to reach the man, but he was pronounced dead at the scene, police said.

Most likely the worker was inspecting or cleaning or repairing the tanker trailer tank (an intermodal container) and was overcome by hazardous fumes.  This is an unfortunate and typical situation when the employer fails to provide the appropriate safety harness for the worker.  The lack of oxygen will kill the worker.  Most of these transportation companies are known "cheap-skaters".  Cutting safety corners to the detriment of the workers.




Emergency personnel respond to a confined space rescue in Linden. (Photo: Courtesy of Linden Fire Department)

A police monitoring service indicated the tanker trailer was inside a warehouse.

The circumstances surrounding this incident are under investigation by the Linden Police Detective Bureau and the Occupational Safety and Health Administration (OSHA).


Emergency personnel worked to rescue a man trapped in a confined space in Linden. (Photo: Courtesy of Linden Fire Department)

In nearby Woodbridge a police monitoring service reported around 4:12 p.m that a worker was trapped in a construction trench and the Middlesex County Urban Search and Rescue Team was called to the scene.

John Hagerty, township spokesman, said he understands a private contractor was working in the Colonia section. The site was not a township construction site. The trench collapsed for some unknown reason, trapping a worker. Extrication work was underway.

Members of the Colonia Fire Department and Township EMS on site, Hagerty said.

Linden Bulk Transportation LLC: Bulk Tank Intermodal

In June of 1989, Linden Bulk Transportation diversified its operation by adding a tank container depot to facilitate its expanding intermodal business. Linden recognized that the industry needed a full service depot to consolidate all domestic intermodal business. Linden positioned itself as an ISO Tank Depot & Drayage servicing the NY/NJ port in order to provide all of the service needs for intermodal transportation.

Linden Capabilities and Services Include:

• Full Time Manager
• Full Time Equipment Coordinator
• Full Time Dispatch Coordinator
• Customer Training Program
• 4 Loaded and 4 Empty Lifts
  • Equipment:
    • 4 heavy lifts
    • 4 light lifts
    • ISO Container Chassis with Lift Kits
• Loaded Container Storage With Spill Containment
• Computerized Heating: Electric, Steam, and Hot Water Circulating
• Auto E-Mail Inventory Reports
• Internal and External Cleaning
• Passivation System
• Manifested Residual Disposal
• Major and Minor Repairs
• 3 – 50 Foot Repair Bays
• Sufficient Parts Inventory
• Testing: 2 1/2 Year & 5 Year

Training:

The world of ISO containers is truly unique and Linden Bulk Transportation provides an opportunity for its customers to visit and learn about the business. This 1/2 day session provides a good foundation for those involved in the coordination and logistics of tank container movement, repair and inspection.
The Linden Training Program provides a working, hands on knowledge base of:

• Valves
• Fittings
• Gaskets
• Tank Designs
• Testing Procedures
• Loading & Unloading Instruction

A construction worker was trapped in a collapsed trench Wednesday afternoon in Woodbridge Township, New Jersey

Wednesday, November 29, 2017

WOODBRIDGE, New Jersey (WABC) --

A construction worker is recovering after getting stuck in a trench at a work site in New Jersey.

Newscopter 7 was over the scene in Woodbridge Wednesday afternoon when the worker was pulled out.

He was trapped up to his waist in the trench, but he appeared to be conscious throughout the rescue.

Firefighters first used shovels and then tied ropes around the worker, pulling him to the surface with a forklift.

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WOODBRIDGE TOWNSHIP, NJ — A construction worker was trapped in a collapsed trench Wednesday afternoon, police said.

The worker’s condition is unknown.

Emergency crews headed out to the collapsed trench in Woodbridge Township around 4 p.m., officials said. He was removed around 5 p.m. and was conscious and alert at the time.

He had some cuts to the side of his face and said he was sore, a police spokesperson said. It does not appear he suffered any broken bones.

No identifying information is available for the worker. It’s unclear how deep he was in the collapsed trench.

Officials aren’t sure what the construction crew was working on.

An MDOT contract worker was electrocuted to death on Interstate 44 as his drill rig came in contact with overhead power lines

ST. LOUIS, MO — 

A worker has been electrocuted to death and over 400 Ameren customers are out of power near Fenton, MO, as the burned body of the poor victim short-circuited the network.

A boom truck hit a power line at around 10am near I-44 east of Mraz road. One person has died as a result of the accident. The victim is a contract worker for Ameren. He has not yet been identified.

The electrocution victim was apparently getting a core sample of the road for MoDOT. When he raised the boom to drill for a sample he hit a high power line. Investigators say the worker was killed instantly. The electricity from the line caught the back tires of the truck on fire.

A man working with the victim sought shelter. He was not injured but is very upset about the accident. The two had worked together for several years.

The incident caused the ground wire, which stretches across I-44 to snap. The ground wire plays an important role in distributing electricity to Ameren customers. Ameren closed the highway at around 1:15pm to install the new wire. They expect to restore power soon.

Businesses in the area are confirming power outages in the area. Traffic is being rerouted because signals are out of power.



That drill rig was way too close to the power lines. There must be at least 20-30 feet separation between the mast of the rig and the power lines. This death was avoidable.   This poor driller was roasted to death, a very terrible way to end your life.




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FENTON, Mo. (KMOV.com) – A Missouri Department of Transportation (MoDOT) contract worker was electrocuted on Interstate 44 Wednesday morning.

The worker was operating a truck at a power line when a piece of equipment struck the line, electrocuting him near the Soccer Park Road exit around 10 a.m., according to MoDOT officials.

One person was pronounced dead.

At least 400 Ameren Missouri customers were directly impacted by the incident, according to an Ameren spokesperson. Around 12:30 p.m., Ameren officials said power had been restored to a large number of the customers.

No other details have been released.

Stay tuned to News 4 and KMOV.com for more on this breaking news story.

The straight-line winds that hit Findlay, Ohio on Nov. 5 caused at least $250,000 in damage to Findlay City Schools property, and that total is expected to rise

FINDLAY, OHIO:

The straight-line winds that hit Findlay on Nov. 5 caused at least $250,000 in damage to Findlay City Schools property, and that total is expected to rise, Superintendent Ed Kurt said at a special school board meeting Tuesday.

At Findlay High School, courtyard windows were blown out, trees came down, the greenhouse was crushed, the auxiliary gym roof was damaged and heating and cooling units on the roof were damaged. Light poles at the baseball field were blown over.

Glenwood Middle School’s roof was also damaged.

The damaged property is insured.

The board passed a resolution Tuesday waiving “the usual procedures for advertising and competitive bidding” for repairs to the auxiliary gym and other high school damage.

Auxiliary gym bids are due Dec. 6, Kurt said, so the repairs can be approved at the Dec. 11 school board meeting.

“We’re expediting as fast as we can the repair of the roof, as getting moisture in the walls of the facility is a huge issue,” Kurt said.

Separately Tuesday, the board approved an appropriations amendment decreasing general fund spending by $270,000, to reflect textbooks being purchased with permanent improvement money instead.

That drops general fund spending from $64,918,218 to $64,648,218 for fiscal year 2018.

The permanent improvement levy was passed in 2006 and generates about $2 million a year. Spending money from that fund on textbooks means fewer capital projects, “but we’ve really put ourselves in a good position the past couple years with some of the major projects we did,” district Treasurer Mike Barnhart said at an October board meeting.

Moving textbook expenses to the permanent improvement fund is one way for the district to attack a projected general fund deficit, which was about $4.1 million before the change in textbook purchasing.

The amendment approved Tuesday also accounts for $140,000 in new grants.



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FINDLAY, Ohio (13abc Action News) - 

Findlay City Schools were back open Tuesday. A storm system that produced multiple tornadoes around the region did significant damage to some of the buildings.

All the schools were closed Monday. The high school was the hardest hit. Tonight, we give you the first look at security footage that shows the storm in action.

A lot of the repair work at the high school was done in a matter of hours, but there is not a quick fix for all of the damage. The auxiliary gym could be closed for weeks or even months. Security cameras were rolling the moment high winds hit the gym roof.

Ryan Imke is the Principal at Findlay High School,"It appears the roof is actually lifted up and then went back down in several areas. We obviously have to make sure it is safe before students and staff can go back in that area."

Cameras also captured the sheer force of the wind as it slammed into windows, sending shattered glass everywhere. Ed Kurt is the Superintendent of Findlay City Schools, "We are blessed no one was hurt, and we are blessed no one was killed. The bottom line is that we can fix the school, and we will do that."

Superintendent Kurt says a team from the National Weather Service visited the high school yesterday to analyze the damage, "Right now the National Weather Service is calling what hit the school straight line winds. Whatever it was, I know it was significant."

Even with the students back in class, clean up work continued today.
In addition to the structural damage and the broken glass, Kurt says poles and trees were also bent and in some cases snapped in half, "That's the first 15 feet of a tree. The top of the tree was twisted right off of it."

Part of the roof and some of the heating and cooling units sustained heavy damage. Everything is being assessed, and Kurt says the repair work could be long-term."We have the fear that we might not notice some things until weeks or even months from now. We might not notice that something is broken right away, so we are trying to inspect as much as we can."

Imke says the best part of this difficult situation is how everyone came together to help, "The second the news went out that something had happened students and staff were reaching out to me. They were all asking how can we help, what can we do? So many people were willing to step in and help."

The damage is covered by insurance. At this point there is not a final estimate for the repairs.That number is expected in the next week or so,

Jubal D. Hubbard, 28 of Holden, Mo., was killed when a high pressure valve ruptured at a construction site at Garmin's warehouse.

OLATHE, Kan. —

  The Olathe Police Department has released the identity of the man killed in a workplace incident at Garmin's headquarters on Monday.

Jubal D. Hubbard, 28 of Holden, Mo., was killed when a high pressure valve ruptured at a construction site at Garmin's warehouse. 

Garmin director of corporate communications Ted Gartner confirmed Occupational Safety and Health Administration (OSHA) is investigating the incident.

“Unfortunately, an employee of one of the construction contractors was killed during this incident, which was immediately brought under control,” Gartner said.

“Local authorities and the Occupational Safety and Health Administration (OSHA) are investigating the incident, and it is inappropriate for Garmin to comment on any specifics at this time. Our sincere condolences go out to the victim’s family, friends, and coworkers.”



===============

28-year-old worker killed at Garmin work site was ‘family guy that loved to fish’

By Toriano Porter


November 28, 2017


The man who died Monday after a pipe ruptured on the construction site of the new Garmin expansion was described by a long-time friend as an avid outdoorsman and a doting father to an 8-year-old son.

Jubal D. Hubbard, 28, of Holden, was working on a high-pressure valve when it ruptured about 2:20 p.m. near a loading dock area of a warehouse at 1515 S. Mahaffie Circle.  

Thadius Paul Plemons, 24, of Cement, Okla., said he’d known Hubbard since Plemons was a 6-year-old growing up near a farm in Holden.

“He loved to fish and was a big, big family guy,” Plemons said Tuesday.


The pair, Plemons said, were keen on hunting, fishing, camping and hiking.

“If were doing something outside we were happy,” Plemons said.

Plemons said Hubbard was a former Army National Guardsman and a loving and protective father to 8-year-old son, Daniel.

“Daniel idolized his dad and vice verse,” Plemons said.

Plemons said he last saw Hubbard during a trip to Holden this past weekend. The two talked about family and shot guns on a private range.

Funeral arrangements for Hubbard are pending, but Plemons and family will make an unwanted return trip to Holden on Wednesday to meet with Hubbard’s parents.

“He wasn’t just a friend, he was a brother,” Plemons said. “His mom and dad and my mom and dad are best friends. We’ve been best friends since Day 1.”

The site where Hubbard died has been under construction since last year when Garmin announced its plans to build a new warehouse and distribution center on 29 acres near 151st Street and Mahaffie Circle.
=======================

November 27, 2017

OLATHE, Kan. -- 

A worker has died Monday afternoon after an explosion at the new Garmin headquarters under construction in Olathe, officials say.

Olathe Fire Department spokesman Mike Hall told Fox 4 a subcontractor was working on a high-pressure valve in a warehouse near a loading dock when the valve ruptured around 2:30 p.m. Monday.

The worker was killed instantly. No one else was injured. Officials have not yet released any identifying information about the victim.

"We've transitioned into a death investigation where we will continue to investigate exactly what occurred here to the best of our ability," Olathe Police Sgt. Logan Bonney said.

The new headquarters is currently under construction at 1550 S. Mahaffie Circle in Olathe.

The company overseeing the construction of the new headquarters issued the following statement:

"McCownGordon Construction would like to express our firm’s deepest sympathy to the victim’s family, friends and co-workers. We understand that local authorities, as well as the Occupational Safety and Health Administration (OSHA) are currently investigating the incident. It is inappropriate for us to comment at this time."


Due to significant success, Garmin is expanding its corporate headquarters. McCownGordon and Gould Evans are collaborating to complete the multi-phased, $200 million project including a parking garage, warehouse and manufacturing facility, office space and associated site work and landscaping.

The new parking facility—an extension of the existing garage—was constructed while the current garage remained active. The warehouse and manufacturing expansion includes more than 720,000 square feet of new space to house Garmin’s growing business. The new space will feature a creative setting for R&D, engineering and industrial design teams. With a focus on employee wellbeing, the expanded campus will also feature a fitness center, recreation fields, running trails and an outdoor event space. Phase II of the expansion includes new office environments for Garmin’s expanding workforce. =====================

Worker dead after pipe ruptures on Garmin construction site

By Kaitlyn Schwers And John Sleezer
November 27, 2017




A contractor working on the construction site of the new Garmin expansion in Olathe died Monday after a pipe ruptured, the fire department said.

Olathe Fire Capt. Mike Hall said the person who died was working on a high-pressure valve when it ruptured. Hall said the accident happened near a loading dock area of a warehouse.

The fire department said the accident was reported at 2:18 p.m. Monday at 1515 S. Mahaffie Circle.

No other injuries were reported.

The fire department spokesman said the Occupational Safety and Health Administration and Olathe police were investigating the accident.


The site where the death happened Monday has been under construction since last year when Garmin announced its plans to build a new warehouse and distribution center on 29 acres near 151st Street and Mahaffie Circle. 

McCownGordon is the general contractor, and Gould Evans is the designer and architect. The company said the $200 million expansion would create 150 new jobs.