California cites employer of 38-year-old Garrett Paiz, a volunteer firefighter from Missouri, killed on Tubbs Fire; Tehama Transport, the owner of the truck that rolled over, failed to provide workers compensation insurance for their employees

The water tender rollover accident in Napa County October 16, 2017.

State cites employer of firefighter killed on Tubbs Fire


Tehama Transport, the owner of the truck that rolled over, failed to provide workers compensation insurance for their employees.

The state of California has cited the company that employed the firefighter killed in Northern California October 16 while operating a water tender on the Tubbs Fire.

Garrett Paiz, 39, died when the water tender he was driving rolled over while descending Oakville Grade west of Highway 29. Mr. Paiz was the only firefighter killed on the numerous large fires that broke out during a wind event in Northern California October 8-9. About 40 civilians died in the fire storms which also destroyed thousands of homes.

Investigations by the California Department of Industrial Relations and the state Labor Commissioner’s Office found that the owner of the truck, Tehama Transport, failed to procure workers compensation insurance for their employees.


The company, like scores of other contractors, has provided water tenders and bulldozers to firefighting efforts. Firms that contract with Cal Fire for heavy equipment are required to provide copies of their current workers’ compensation insurance policies for their employees.

But Tehama Transport did not have to abide by that requirement because it registered as an “owner/operator.” Under that classification, the company was saying that Paiz either had ownership in the company or was a relative of someone who did.

Without that coverage, Paiz’s family, his wife and teenage daughter, might lose out on hundreds of thousands of dollars in benefits.

Cal Fire has hired the company 56 times and the U.S. Forest Service has hired the firm 47 times since 2006, according to documents obtained by KQED.

Tehama Transport appealed the penalty, leading to a hearing that took place Monday. A hearing officer’s decision on the dispute is pending.

In April both a private contractor and the California Department of Forestry and Fire Protection (CAL FIRE) were issued citations by California’s Division of Occupational Safety and Health (Cal/OSHA) related to a fatality when a dozer rolled over. Robert Reagan, 35, of Friant, California, was killed while fighting the Soberanes Fire south of Monterey, California July 26, 2016.

Minutes after Mr. Reagan began operating the piece of equipment for Czirban Concrete Construction on contract to CAL FIRE, it rolled over.

According to KQED news, Cal/OSHA issued five citations to Czirban totaling $20,000. The largest was $13,500 for not wearing a seat belt.

Czirban had not secured workers’ compensation insurance for Mr. Reagan as required, and had been cited eight times in four years by the Contractors State License Board, several times because of worker’s compensation issues.

CAL FIRE was cited for failing to report a serious injury within eight hours and another for failing to maintain an effective injury and illness prevention program.



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Water tender rollover kills firefighter in Napa County

The accident occurred near the 51,512-acre Nuns Fire. Screen capture from KCRA video of water tender accident in Napa County.

(UPDATE October 17, 2017: the driver that was killed in the water tender accident has been identified as 38-year-old Garrett Paiz, a volunteer firefighter from Missouri. The truck was owned by Red Bluff-based Tehama Transport.)

The wildfires in Northern California have taken another life, adding to the tally of 40 announced fatalities.

KCRA is reporting that a contract firefighter was killed October 16 when a water tender rolled over in Napa County at 6:50 a.m. near the Nuns Fire north of San Francisco.

CAL FIRE confirmed that the operator was assigned to the 51,512-acre Nuns Fire.

The accident occurred on a steep downhill section of Oakville Grade about two miles west of Highway 29.

Fatal rollovers of fire trucks, especially water tenders, is far too common. We have documented more than three dozen similar accidents (tag: rollover).

Our sincere condolences go out to the family, friends, and coworkers of the firefighter whose name has not yet been announced.

Versailles construction worker James Bland, Jr., 55, was killed Thursday night when he was hit by an SUV on Interstate 64 in Louisville, KY as he put out traffic cones on I-64

Highway worker killed by car on I-64 East identified



Friday, November 17th 2017
By Laurel Mallory, Digital Content Producer



A highway worker was killed after being trapped under a car that hit him as he put out traffic cones on I-64 Thursday night. (Source: Greg Schapker, WAVE 3 News)

LOUISVILLE, KY (WAVE) - A highway worker was killed after being trapped under a car during a crash on I-64 Thursday night, according to St. Matthews Police.

It happened at 8:22 p.m. on I-64 East just after the Watterson Expressway exit (I-264) at mile marker 12.2.


MetroSafe told us a FlagPro worker was hit by a car and trapped. FlagPro is responsible for traffic control on the highway.

We learned the worker was putting out traffic cones when a driver hit him and his truck, killing him, according to St. Matthews Police.

The coroner's office identified the victim as James Howard Bland Jr., 55, of Versailles, KY.

He died of multiple blunt force trauma.

Police closed the eastbound lanes of I-64 and one westbound lane as they worked the scene. The highway was closed until midnight.



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




By Mike Stunson



November 17, 2017


A Versailles construction worker was killed Thursday night when he was trapped under a car during a crash on Interstate 64 in Louisville, according to the Kentucky Transportation Cabinet.

James Bland, Jr., 55, was hit about 8:30 p.m. on I-64 eastbound at Interstate 264, according to WDRB.

He was responsible for controlling traffic and was struck when he was setting up traffic cones, according to the cabinet.


“Our deepest condolences to the family and fellow friends of James Bland, who was killed Thursday evening while working on I-64 in Louisville,” the Kentucky Transportation Cabinet said in a tweet. “James was a former cabinet employee of KYTC District 5, and was working for a local traffic control contractor. Our hearts hurt.”

District 5 is based in Louisville.


The eastbound lanes of I-64 were closed until midnight, WAVE 3 said.
=================







LOUISVILLE, Ky. (WAVE) - A Versailles man working on road construction was killed after being trapped under a car during a crash on I-64 Thursday night.

WAVE 3 News reports that James Howard Bland Jr., 55, of Versailles was working on I-64 when the crash happened. Bland Jr. was responsible for controlling traffic. He was setting up traffic cones when he was hit by a car and trapped.

He died of multiple blunt force trauma.

Police closed the eastbound lanes of I-64 and one westbound lane as they worked the scene. The highway was closed until midnight.



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




LOUISVILLE, Ky. —

A highway worker died Thursday night after being hit on I-64 East near I-264 by a driver in an SUV.

The accident was the eastbound lanes around 8:15 p.m.

The worker, identified as James Bland Jr., 55, was part of a crew putting out cones on the road before their work was to begin, when he was hit.

“To his family, I’m so sorry that it had to happen this way,” said Anthony Brown Sr., a friend of Bland, who was working with him when the accident happened.

Brown said he was running late for work the night of the crash and texted Bland to let him know.

“He said, ‘Well, get on out here, get your signs,’” Brown said. “He said, ‘We’ll be out here waiting for you.’”

Police said Bland died at the scene.

The coroner’s office said he lived in Versailles.

“He was safe with a capital 'S',” Brown said. “Now, I know he’s safe in God’s arms. I thank his family and let them know we’re praying for them.”

Investigators said the driver of the SUV stopped and is being interviewed by officers.

He is not facing any charges at this time.

Brown said he hopes drivers slow down on the road.

“We (are) people, too,” Brown said. “We want to go home. We’re doing a job. Drive slow, we’re there for a reason.”

The Kentucky Transportation Cabinet said Bland had previously worked for them and was working at a local traffic control company.

Drunk pickup truck driver Jose Manuel Lopez-Perez, 25, kills Estefania Soto, 27, and her daughter Kaliyah Adkins, 7, when he slammed his pickup head-on into their car on Highway 12 in Agua Caliente

Sonoma Valley girl, 7, dies two days after crash that killed her mother


 
NICK RAHAIM


THE PRESS DEMOCRAT | November 17, 2017, 3:06PM
| Updated 3 hours ago.

Three days after the death of her mother, a Sonoma Valley second-grader has succumbed to the injuries she suffered on her way to school Tuesday morning when a suspected drunken driver slammed his pickup head-on into their car.

Family members said they plan to remove Kaliyah Adkins, 7, from life support Saturday at Children’s Hospital Oakland, where she has been in care since Tuesday.

Her mother, Estefania Soto, 27, died at the site of the crash on Highway 12 in Agua Caliente.

The girl lived with her mother in Boyes Hot Springs, and was a student at Sassarini Elementary School. School Principal Andrew Ryan sent a letter to parents Friday morning informing them that Adkins had died.

The driver of the pickup, Jose Manuel Lopez-Perez, 25, of Santa Rosa, was charged with two counts of murder Friday when he was arraigned by Sonoma County prosecutors in his bed at Santa Rosa Memorial Hospital.

Soto was driving Adkins to the school at 7:45 a.m. Tuesday on Highway 12 in Agua Caliente when a Ford pickup truck driven by Jose Manuel Lopez-Perez, 25, of Santa Rosa, crossed the double-yellow line and collided with her Nissan Sentra, according to the CHP.

Bystanders quickly stopped, pulled an unconscious Adkins from her pink car seat and began performing CPR until first responders took over.

Others pulled Lopez-Perez from his burning truck. Both Adkins and Lopez-Perez were taken to Santa Rosa Memorial Hospital with life-threatening injuries but the 7-year-old was quickly flown to Children’s Hospital Oakland.

She remained there as recently as Wednesday, when a family friend said she was unconscious with severe swelling in her brain.

Lopez-Perez was arrested on suspicion of DUI and was set to be arraigned in his hospital bed Friday afternoon and he could be charged with the deaths of Adkins and Soto, said Sonoma County Deputy District Attorney Brian Staebell.

Sassarini Elementary had therapy dogs and support personnel from Social Advocates for Youth at the school Friday to help staff and students “work through their grief,” Ryan said by email.

The mother and daughter have roots in Sonoma Valley, Ryan said earlier this week. Soto was Ryan’s student when he was a physical education teacher at Altamira Middle School, he said.

Soto was an employee at Crush Beauty Bar in Sonoma where Soto worked as a hairstylist.

Friends and relatives of the family could not immediately be reached Friday.


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



Estefania Soto was going about her day in the most typical of ways on Tuesday morning. She bundled her young daughter, Kaliyah, 7, into their Nissan Sentra and was headed south on Highway 12 from their Boyes Hot Springs home to Sassarini Elementary School.

At 7:45 a.m., a suspected drunken pickup driver collided head-on with her sedan near London Way in Agua Caliente, killing Soto instantly. Her daughter remains in critical condition at Children’s Hospital Oakland, according to a relative.

The Ford pickup driver, Jose Manuel Lopez-Perez, 25, of Santa Rosa, was seen by witnesses crossing over solid double yellow lines into the eastbound lane to pass other vehicles prior to hitting the Sentra, collapsing the smaller vehicle’s front end, according to the CHP.

Kaliyah Ava Rose Adkins was riding in a pink booster seat in the back of the car, She wasn’t breathing when she was pulled from the sedan by bystanders, said Sonoma Valley Fire Chief Steve Akre. The group laid her on the ground and started CPR, possibly saving her life, he said.

“What they did was truly heroic. It made a huge impact on the outcome and gave (the 7-year-old) a chance to live,” Akre said.

Sonoma Valley firefighters were on duty at the nearby Agua Caliente station and arrived to find the pickup truck engulfed in flames and the driver outside the vehicle. The highway was littered with debris and rescuers.


Kaliyah was taken to Santa Rosa Memorial Hospital and later flown to Children’s Hospital Oakland.

Lopez-Perez was arrested on suspicion of drunken driving and taken to Santa Rosa Memorial Hospital with life-threatening injuries. He remained there Wednesday afternoon. Lopez-Perez was previously arrested in December 2016, for driving without a license, unsafe passing and driving without insurance. According to court dockets, was convicted only of being unlicensed, paid a $220 fine and was released.

Soto was born and raised in Sonoma and attended Sonoma Valley High School and Creekside High School. She had been working as a stylist at both Crush Beauty Bar and Peace N Beauty Salon.

“She loved her work and her co-workers,” said a relative who asked not to be identified.

Dozens of clients and co-workers have posted memories of Soto and notes of sadness and prayers for Kaliyah on the Crush Facebook page.

Sassarini provided grief counseling to its school families this week, and Kaliyah’s relative said she was touched that the little girl’s second grade teacher came to visit her in the hospital in Oakland.

“Our hearts and thoughts remain with Kaliyah and her family during this time,” said Sassarini principal Andrew Ryan said in an email. “We want Kaliyah to know that she has a great deal of people who care and love her here on campus and in our community.”

A memorial service is planned for 11 a.m. to 1 p.m. on Tuesday, Nov. 22 at Duggan’s Funeral Home at 525 W. Napa St.

Sean King, 55, an employee at High Grade Beverage, was electrocuted to death by live wire as he was replacing an emergency light while on a scissor lift in Randolph, NJ

Employee dies as he replaces a light at work
Updated Nov 15; Posted Nov 15



By Justin Zaremba


NJ Advance Media for NJ.com

RANDOLPH, NJ -- An employee was fatally electrocuted at High Grade Beverage on Canfield Avenue on Monday, police said.

Officers responded to the beverage distributor on a report of a electrocution, police Lt. Christopher Giuliani said.

Sean King, 55, of Stanhope, was replacing an emergency light while on a scissor lift when he was electrocuted, Giuliani said.

Other employees had already removed the live wires when police arrived and found King still on the lift, he said. Officers then removed King from the lift and performed CPR.

King was taken to Saint Clare's Medical Center, where he was pronounced dead.

Giuliani said the matter had been referred to the Occupational Safety and Health Administration.

OSHA spokeswoman Joanna Hawkins said the company has been inspected three times in the past 10 years and once at the Randolph Township location in 2011.

"After that inspection, citations were issued relating to periodic forklift performance evaluation, hazard communication, and storage of combustible waste," Hawkins said. "No electrical violations were cited after that inspection."

OSHA records show the company settled its violations in these three incidents at its Randolph and New Brunswick facilities for a total of $11,070.

Hawkins said the agency has up to six months to complete its investigation.



High Grade Beverage (HGB) is a franchised wholesale beverage distributor of malt beverages, wine, spirits and soft drinks. HGB sells and services retailers in 7+ counties in the state of New Jersey. The "home office" is located in South Brunswick, NJ and delivers to Middlesex, Somerset, Union and Hunterdon Counties. The other distributorship services Morris, Sussex, Warren and sections of Passaic Counties and is located in Randolph, New Jersey.

High Grade distributes various products of national brewers and importers. We carry all AB-InBev, Heineken USA, and LaBatt USA beverages. We also distribute a large selection of soft drinks (including Briar's USA birch, sarsaparilla, and specialty flavors), iced teas, waters and sports drinks.

Distribution is limited to wholesale customers with liquor licenses in the assigned territories. Clients include package stores, restaurants, taverns ,bars, pubs, among other places of business. High Grade Beverage does not sell directly to the public.




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







RANDOLPH, NJ — An employee of a local beer distributor was killed this week after he was electrocuted while changing a light, police said.

Officers responded Monday to High Grade Beverage, a beer distributor located on Canfield Avenue near the Route 10 intersection, for a report of a man who was electrocuted, Det. Lt. Christopher Giuliani said.

The victim, Sean King, 55, of Stanhope, was on a scissor lift replacing an emergency light at the time he was electrocuted, Giuliani said.

Electric wires that were on the victim's body were removed by employees by the time officers arrived on scene, according to the report.

The victim was on the scissor lift when officers arrived, according to reports. They removed him from the lift and performed CPR, Giuliani said.


King was taken to St. Clare’s Hospital, where he was pronounced deceased.

High Grade beverage’s corporate office and Randolph location did not immediately respond to calls and emails for comment Wednesday.

The Occupational Safety and Health Administration is investigating the matter and has six months to complete its examination, according to spokesperson Joanna Hawkins.

High Grade Beverage has been inspected by OSHA three times in the last 10 years, including once at the Randolph location in 2011.

At that inspection, citations were issued relating to periodic forklift performance evaluation, hazard communication, and storage of combustible waste, Hawkins said. No electrical violations were cited.



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



STANHOPE, NJ — A Stanhope man was electrocuted while replacing a light at a local beverage distribution center, Randolph police said.

Sean King, 55, was working at High Grade Beverage on Monday when he used a scissor lift to replace an emergency light. King was shocked by live wires, police said.

By the time police arrived, employees had freed King from the wires, but he was still on the lift. Police were able to bring King down and begin CPR, but King was later pronounced dead at the hospital.

Marshall Pottery of Texas was fined with 31 violations, totaling $829,891 afetr Arturo Gonzales died when attempting to perform maintenance to a 300-foot kiln.

MARSHALL, TX (KSLA) -

As an East Texas business works with the Occupational Safety and Health Administration, Marshall Pottery officials have released a statement on their progress.

Earlier this year, Arturo Gonzales died when attempting to perform maintenance to a 300-foot kiln.

In October, Marshall Pottery was fined with 31 violations, totaling $829,891. Some violations include respiratory protection, portable fire extinguishers, occupational noise exposure, permit-required confined spaces, unsafe scaffolding, among others.

As of Nov. 1, the two inspection lists (here and here) total 39 violations with a grand total of $545,160 in fines.

Below is a statement from Morris Jones, Marshall Pottery's HR Manager:


On Sunday April 16, 2017, an industrial accident at Marshall Pottery, Inc.'s Marshall, Texas plant resulted in the loss of a cherished and invaluable member of our team.

As a result of this tragic occurrence, a comprehensive internal investigation was undertaken by Marshall Pottery and a formal OSHA investigation was completed. These investigations took place over the course of several months and identified areas in which improvements were necessary.

At the conclusion of the initial investigations, and prior to restarting operations, Marshall Pottery worked with teams of safety professionals and contractors to make all of the improvements that were identified as necessary. Marshall Pottery also provided comprehensive safety-related training to its representatives and employees. Marshall Pottery proceeded to an Informal Conference with the OSHA Area Director on October 24, 2017.

At that time, Marshall Pottery conveyed its gratitude to OSHA for the comprehensiveness of the OSHA investigation and the significant investment of time and resources that OSHA's investigating officers and directors afforded Marshall Pottery. Marshall Pottery also presented OSHA with extensive documentation that evidenced Marshall Pottery's abatement of the hazards that were identified during the investigations, and documentation evidencing the implementation and enforcement of a comprehensive and energetic safety program. Marshall Pottery then entered into a settlement agreement with OSHA that called for a significant reduction of the proposed penalties.

Marshall Pottery has been a part of the East Texas community for more than 100 years. Marshall Pottery has the distinction of being the largest manufacturer of terra cotta pottery in the United States of America, and Marshall Pottery has employed hundreds of local residents in gaining and maintaining this distinction.

Marshall Pottery remains committed to providing employment to as many members of our community as possible, and Marshall Pottery is more committed than ever to providing its employees with a place of employment that is free of hazards.

Gonzales' family has filed a wrongful death lawsuit against Marshall Pottery.



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


Marshall Pottery fined by OSHA for nearly $830,000 

Wednesday, November 1st 2017
By KSLA Staff






(Source: Nick Lawton, KSLA) MARSHALL, TX (KSLA) -

An East Texas business is working with the Occupational Safety and Health Administration to hopefully reduce the fines from inspections done earlier this year.

On Oct. 11, Marshall Pottery, Inc. was fined with 31 violations totaling $829,891.

Some of the violations include respiratory protection, portable fire extinguishers, occupational noise exposure, permit-required confined spaces, unsafe scaffolding, among others.

As of Nov. 1, the case status listed on OSHA's web page is listed as "pending abatement of violations, penalty payment plan in place." However, this is still an open inspection. Penalties and fines may be removed or added.

As of Nov. 1, the two inspection lists (here and here) total 39 violations with a grand total of $545,160 in fines.

KSLA has reached out to Marshall Pottery for a comment.

Earlier this year, a worker died when attempting to perform maintenance to a 300-foot kiln. The family of Arturo Gonzales has filed a wrongful death lawsuit against Marshall Pottery.

OSHA confirmed that they also have their own open investigation into Gonzales' death, which they launched back on April 18th.



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



Family sues ArkLaTex plant where man died in kiln 



Wednesday, May 24th 2017, 10:24 am EST
Posted by Curtis Heyen, Digital Content Producer

By Nick Lawton, Reporter



Marshall Pottery is facing a wrongful death lawsuit from the family of one of their managers killed in an accident inside the plant back in April. (Source: Nick Lawton, KSLA)


The family of a man killed in a kiln at an ArkLaTex plant has filed a wrongful death lawsuit against that plant.

The petition against Marshall Pottery alleges that Arturo Gonzales died when he went into a 300-foot kiln to perform maintenance the night of April 16.

The lawsuit reads that the plant was negligent because an automated system suddenly closed the doors and the kiln began heating up with Gonzales in it, killing him inside.

"It's our hope that what we're going to do is shed a great deal of light on what this industry is supposed to have to make sure that individuals such as the Gonzales family never in the future have to endure such a tragic loss," the family's attorney, Brent Goudarzi, said.

The family hired Goudarzi out of the Goudarzi and Young law firm in Gilmer, Texas.

According to Goudarzi, his firm has decades of experience with wrongful death lawsuits, earning them many awards including the 2014 Litigator Award presented by the Trial Lawyers Board of Regents.

"You uncover every rock that's out there and you let your opponent, the defendant in this case, understand that you will not stop," Goudarzi told KSLA. "You'll bring every talent you have to bear and every resource you have to bear until justice is served. That's what we've done for 20 years and I can promise you, that's what we'll do for this family."

The Gonzales family is suing Marshall Pottery for Negligence and Gross Negligence, alleging in their lawsuit that the plant failed to provide a safe work environment for Gonzales, failed to supervise their employees and failed to install emergency kill switches on the kiln.

"Without question, there were numerous safeguards that should have been in place at the Marshall Pottery but for those safeguards being there, this tragedy would have never occurred," said Goudarzi.

In accordance with Texas Rule of Civil Procedure 47, Gonzales' family is seeking monetary relief of over $1 million which Goudarzi said that is subject to change once more discoveries are filed in the case.

"There's going to, of course, be some medical bills," he said, listing the family's damages, including the cost of the funeral.

"There's loss of a father. There's clearly pain and suffering."

Gonzales is survived by his wife, Evelia Rios, and their three children.

OSHA confirmed to KSLA they also have their own open investigation into Gonzales' death, which they launched back on April 18th.

According to Goudarzi, Marshall Pottery has not responded to their lawsuit so a trial date at state court in Harrison County has not been set yet.

Marshall Pottery did release this statement to KSLA on Tuesday:

"We at Marshall Pottery are deeply saddened and still in shock over the death of Arturo. He was a respected and well-liked member of the management team. Marshall Pottery is working closely with all authorities to try and determine exactly what happened and take steps to ensure that something this tragic does not occur again. Our prayers and thoughts are with Arturo's family and words cannot express the sorrow we feel for them."

Goudarzi said they hope a trial will bring to light every detail leading up to Gonzales' death.

"Nobody, and I repeat, no family should ever have to endure what this family's currently going through," he said.

FirstEnergy Corp. is facing accusations of “carelessness and negligence” for a release of toxic gas in August that killed two workers and injured four others at its coal-fired power plant in Beaver County.

Injured workers, widows sue FirstEnergy over fatal power plant incident

 
Daniel Moore
Pittsburgh Post-Gazette

November 17, 2017








FirstEnergy Corp. is facing accusations of “carelessness and negligence” for a release of toxic gas in August that killed two workers and injured four others at its coal-fired power plant in Beaver County.

The widows of the two deceased workers and two of the injured workers have filed lawsuits against the Akron, Ohio-based energy company, demanding a total of $130,000 for personal losses suffered and a wide range of injuries sustained.

The lawsuits, originally filed in common pleas court in Allegheny and Beaver counties in October and November, were moved on Thursday before a federal judge the U.S. District Court for the Western District of Pennsylvania. They are separate from an ongoing investigation by the Occupational Safety and Health Administration.

A FirstEnergy spokeswoman said on Friday the company is working on an internal investigation into what happened and declined to comment on the lawsuits.


 

The incident, which unfolded during the overnight hours on Aug. 29-30, involved the release of a toxic gas called hydrogen sulfide, also known as sewer gas. According to the lawsuits, which all lay out the same details leading up to the incident, what began as routine plant maintenance quickly became a scene of horror.

Around 11:30 p.m., a five-man crew of contractors employed by Cincinnati-based Enerfab Corp. descended into a confined space with concrete walls to remove an elbow joint from a pipe. One FirstEnergy employee supervised from the top.

They were told by FirstEnergy employees the pipe contained water, the lawsuit claims. In addition, the suit alleges the pipe was not properly marked with warning labels showing the pipe contained toxic gases.

During the work, a circuit breaker tripped, knocking out power and light. One of the crew members, Thomas Cantwell, 31, of Crafton, climbed out of the space to reset the circuit breaker and restore lighting. Sometime after reaching the top, he began to hear screams from below: The pipe contained not only water, but hydrogen sulfide and likely a sludge of coal waste.

Nathaniel W. Compton, 31, of Wellsville, Ohio, and Michael Gorchock, 43, of Pittsburgh, frantically climbed the ladder. Mr. Compton pushed Mr. Gorchock out before losing consciousness, while Mr. Gorchock and Mr. Cantwell also lost consciousness.

Two workers could not escape — Kevin Patrick Bachner, 34, of Pittsburgh, and John Michael Gorchock, 42, of Pittsburgh. The lawsuit claims they died either from inhaling the gas or drowning in sludge released from the pipe.

Mr. Bachner is survived by his wife, Kerri Ann Bachner, and two sons: 2-year-old Killian and 10-month-old Kaycen.


 

John Gorchock is survived by his wife, Alisa M. Gorchock, and two daughters, 10-year-old Lilly and 7-year-old Rubie. He also left behind a grieving brother, Michael Gorchock, who is suffering from nightmares and suicidal thoughts, according to the lawsuit.

The lawsuits were originally filed separately in state court in Allegheny and Beaver counties by Ms. Bachner, Ms. Gorchock, Mr. Gorchock and Mr. Cantwell. Ms. Bachner, Ms. Gorchock and Mr. Cantwell are each asking for $35,000, and Mr. Gorchock is asking for $25,000.

Robert J. Mongeluzzi, a personal injury lawyer based in Philadelphia, is listed as the plaintiffs’ lawyer. His firm did not immediately respond to a request for comment.

At power plants, workplace safety experts say, employees can encounter hydrogen sulfide when working near the wastewater treatment systems that clean or recycle the facility’s waste product, which can contain a slow-moving mixture of hazardous pollutants. It is unclear where exactly the workers were located within the plant.

The pipe likely contained a sludge that was a liquid or muddy consistency, a hydrogen sulfide expert said after the incident. The colorless gas, which has a sulfurous “rotten egg” smell at low concentrations, can be lethal when inhaled in confined, underground spaces where workers could encounter stagnant pools of water or waste material, he said.

Among other violations, the lawsuit alleged the pipe did not have an emergency shutoff valve and an air ventilation system that could have moved toxic fumes from the confined space.

OSHA is investigating the incident. OSHA’s reviews of workplace fatalities typically take six months, but there is no public timeline on the Bruce Mansfield incident.

Bruce Mansfield is FirstEnergy's largest coal-fired plant. OSHA has inspected the plant six times since 2007, according to online records maintained by the agency. Two of those inspections, one in 2011 and the other in 2013, resulted in violations that for which FirstEnergy paid $15,500 to settle.

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

Thursday, August 31, 2017

Two Enerfab workers, Kevin Bachner, 34, and John Gorchock, 42, of Pittsburgh, are dead and three others were being treated for injuries after a hydrogen sulfide gas leak at the Bruce Mansfield Power Station in Shippingport, Beaver County

John Gorchock, 42, of Pittsburgh, is dead  after a hydrogen sulfide gas leak at the Bruce Mansfield Power Station in Shippingport, Beaver County

 

Kevin Bachner, 34, of Pittsburgh, dead, H2S poisoning

SHIPPINGPORT, Pa. (KDKA) – Two workers are dead and three others were being treated for injuries after a gas leak early Wednesday morning at the Bruce Mansfield Power Station in Shippingport, Beaver County.

Pennsylvania State Police say troopers and emergency crews were called to the power plant around 1:15 a.m. The plant is owned by FirstEnergy and employs about 350 workers.


According to State Police, the Enerfab workers were doing contract work with Penn Energy at the plant. They were working in a well-type area to remove an elbow joint from a pipe.

Two men were in a pit below, one was on a ladder and the other two were about 20 to 50 feet on a wall above.

When they removed the elbow joint, it released hydrogen sulfide gas.

“The line was not supposed to be charged, obviously. They got to the last bolt to crack it open and when they did so, this nauseous gas… hydrogen sulfide type mixture immediately incapacitates you,” State Police Lt. Eric Hermick said.

Two of the five workers were unable to make it out of the well and died as a result. They have been identified as Kevin Bachner, 34, of Pittsburgh, and John Gorchock, 42, of Pittsburgh.

Three other workers inhaled the gas, but were able to get out of the well. They were transported by helicopter and ambulance to nearby medical facilities.

They have been identified as Mark Wagner, 31, of Pulaski; Thomas Cantwell, 31, of Crafton; and Michael Gorchock, 43, of Pittsburgh.

One was taken to Heritage Valley Hospital in Beaver. The other two were being treated at Allegheny General Hospital in Pittsburgh.

News of the accident hit especially hard at the Boilermakers Union Hall on Banksville Road. John Gorchock’s wife, Lisa, is on the staff there.

Family friend Anthony Sabat says, “John was a great human being who loved his family. His wife Lisa and three kids were top priority, second to none. John was easy to get along with, funny, happy all the way around.”

As for Bachner, friends say he was about as “Pittsburgh” as you can get. He was a devoted husband and a proud father of two, ages 1 and 3.

His friend Tony Kostelnik says, “He loved his family, he loved all sports. He worked hard for this family and traveled a long ways for some jobs for them. So sad it had to end that way.”

Three members of the Boilermakers crew survived, including Gorchock’s brother, Michael, who is in Allegheny General Hospital along with Wagner, both are listed in stable condition at Allegheny General.

Cantwell was taken to Heritage Valley Beaver, where he was treated and released. Back home in Ingram, Cantwell is resting and not wanting to talk about what happened.

He said, “I really don’t want to think about it, I lost some very good friends today.”

“This plant has a terrific work history. They’re very safety conscious. It’s surprising that something like this happened. It must have been a real unexpected mishap,” Rohn Sambol said.

State police say first responders did all they could to rescue the men that were trapped, but it was too late.

“It’s probably second-worst type of situation to respond to because you want to help somebody that’s in a life-threatening situation. But, you already see that there’s people that are down that already tried to get over to them or that are close to it. That’s heart-wrenching. I compare that to going into a school shooting,” Lt. Hermick said.

FirstEnergy has released the following statement:

“We extend our deepest condolences to the families of those who died in this tragic accident. Our thoughts and prayers are also with those who were injured, and we wish them a quick recovery.”

A FirstEnergy spokeswoman said there was absolutely no danger to other workers in the plant or people living in the surrounding area following the incident.

The Bruce Mansfield Power Station is FirstEnergy’s largest coal-fired power plant. It’s located along the Ohio River, approximately 25 miles northwest of Pittsburgh.

OSHA will also be investigating the incident.


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I wish I could get on here and say it's not true. I wish this was a bad dream. I wish I could hug my best friend again, even for a split second. I wish I didn't have to tell my babies that the absolute best daddy in the entire world isn't here anymore. He was truly my other half my heart and soul.

I am completely numb and speechless about this whole tragedy. Kevin worked day in and day out like a dog to provide the best for us.

Thank you to everyone that had reached out. I will keep everyone updated as soon as arrangements are finalized.

Please keep my boys & the rest of our family in your prayers




 Kerri Bachner and Kevin Bachner


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I would like to give my condolences to the families of Kevin Bachner & John Gorchock. Plus the others who are in critical condition Mark Wagner & Thomas Cantwell & Micheal Gorchock. All who are my brothers in solidarity out of Boilermakers Local 154. A tragic day at Shippingport. Love y'all & I will miss y'all.

Anthony Lucas 


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These are the faces to this morning's accident at FirstEnergy's Bruce Mansfield Power Plant early this morning.

John Gorchock was a father to two little girls. Had countless friends and family who will miss him dearly. Family that's also praying for his older brother, Michael, who a friend tells me is in an Intensive Care Unit today. John Gorchock was 42.

Kevin Bachner was just 34 years old. As his picture shows, he was an avid Pirates fan and also a father to two little boys. Friends say Bachner worked incredibly hard to support his family.

Both men were killed when a pipe they were working on that was thought to have been de-activated spewed hydrogen sulfide gas out. Both men died at the scene.

Please keep their families and friends in your thoughts and prayers tonight, along with the three people who were hurt in this accident.

An accumulation of highly combustible grain dust likely caused the explosion at the Didion Milling Co. plant in Cambria that killed 5 workers. OSHA officials said the explosion was preventable and proposed $1.84 million in fines

MADISON, Wis. (AP) -- Federal labor officials say a Wisconsin milling company should pay $1.8 million in fines for failing to prevent a fatal plant explosion earlier this year.

The Didion Milling Co. plant in Cambria exploded on May 31. Five workers were killed.


The Occupational Safety and Health Administration issued a news release Friday saying that an accumulation of highly combustible grain dust likely caused the explosion. OSHA officials said the explosion was preventable and proposed $1.84 million in fines.

The company has 15 days to comply with the fine, request a conference with OSHA officials or contest the findings before the Occupational Safety and Health Review Commission.

Didion's marketing and communications manger released the following statement:

"The Didion team continues to mourn the loss of our team members who died or were injured that tragic day in May – we will never forget what happened. Our thoughts remain first and foremost with the families of those affected, our employees and the community.

Didion does not agree with the severity of the penalties levied against our family-owned business or the conclusions released by OSHA today. We are working with our legal counsel to determine how to address the findings from this federal agency. Regardless of how we address OSHA’s decision, it is our intent to rebuild our corn milling facility in Cambria. As a family-owned company that has operated in the community for more than 45 years, we recognize how important our mill is for creating new jobs and adding economic value to the area, as well as providing an important source of revenue for area farmers, and offering our customers high-quality products.

We pledge to our team members, the farmers and customers we serve, our community partners, the Village of Cambria and the people of Wisconsin, that we will build a state-of-the-art, best in class facility. The new mill will utilize the latest technology and industry best practices, creating one of the most efficient, effective and safe operational systems available.

We would like to once again thank our team members for their resolve and strength throughout this difficult process. We also would like to extend our gratitude to all of the First Responders who came from miles around to help us, and the Village of Cambria who opened their doors to support us.

Didion is continuing to work with industry experts and other agencies to determine the cause of the incident."

They added they plan to build a new plant with state-of-the-art safety systems.

Major lapses in Amtrak's safety culture, including more than two dozen unsafe conditions at a work zone where a train slammed into a maintenance backhoe last year and killed two workers.

FILE - In this April 3 2016, file photo, Amtrak investigators inspect the deadly train crash in Chester, Pa. The Amtrak train struck a piece of construction equipment just south of Philadelphia causing a derailment. The National Transportation Safety Board is set to review the findings of an investigation into what caused a speeding Amtrak train to slam into a backhoe last year near Philadelphia, killing two maintenance workers. The board is meeting Tuesday, Nov. 14, 2017, in Washington to determine a probable cause of the deadly crash. (Michael Bryant/The Philadelphia Inquirer via AP, File) The Associated Press 

 NTSB: Amtrak's Lax Safety Led to Crash That Killed 2 Workers
Federal investigators say they've found major lapses in Amtrak's safety culture, including more than two dozen unsafe conditions at a work zone where a train slammed into a maintenance backhoe last year and killed two workers.


November 14, 2017

NTSB: Amtrak's Lax Safety Led to Crash That Killed 2 Workers




By MICHAEL R. SISAK, Associated Press


PHILADELPHIA (AP) — Two maintenance workers who were struck and killed by a speeding Amtrak train near Philadelphia last year were the victims of a lax safety culture that had permeated the government-owned railroad, federal investigators said Tuesday.


The National Transportation Safety Board seized on the April 2016 crash in Chester, Pennsylvania, as the tragic outcome of years of rule bending, corner cutting and punitive policies that had endangered and upset Amtrak workers and their unions.


Lapses in communication and a lack of required equipment left the Chester workers with no protection and little warning as the Savannah, Georgia-bound Palmetto train streaked toward their backhoe at more than 100 mph.


A foreman who had just taken charge of the maintenance crew did not ask a dispatcher to keep routing trains away from the workers, investigators said, nor did he have a device meant to prevent trains from running on the same tracks as workers, even though Amtrak rules require its use.


In all, investigators flagged more than two dozen safety issues in the crash, far more than in most crash investigations, according to NTSB board member Earl Weener. Backhoe operator Joseph Carter Jr., 61, and supervisor Peter Adamovich, 59, were killed and about 40 passengers were injured.


"Had any of these issues been addressed, the accident may have been prevented," NTSB investigator Joe Gordon said at a public meeting on the crash at the agency's Washington headquarters.


Workers told investigators that they felt Amtrak had been emphasizing on-time performance over safety, belying the big, red "think safety" signs it posted in employee lounges and its threats to fire workers who broke certain rules.



NTSB chairman Robert Sumwalt said Amtrak's grab bag of priorities created a culture of fear and non-compliance that encouraged workarounds to "get the job done." Amtrak's unions, wary of its approach, refused to participate in two of the railroad's safety programs, Sumwalt said.


Amtrak's co-chief executive officers, Richard Anderson and Charles "Wick" Moorman sent a letter to employees Tuesday updating them on steps the railroad has taken to transform its safety culture since the crash.


They include hiring a new head of safety, compliance and training, issuing alerts and advisories to remind workers of rules and an improved worker-protection training program.


"Our customers expect us to operate safely and our jobs and lives depend on it," the co-CEOs wrote. "We can and will do better. Our pledge to you is that we will do everything possible to help move us forward."


Carter's family is suing Amtrak for negligence. Their lawyer, Tom Kline, said they can only hope his death "will result in wholesale changes" in safety at Amtrak.


Toxicology reports showed that Carter had cocaine in his system, Adamovich tested positive for morphine, codeine and oxycodone and the train's engineer, Alexander Hunter, 47, tested positive for marijuana.


Only Hunter, as a train crew member, would have been subject to random drug testing at the time of the crash. He is no longer employed by Amtrak. No amount of marijuana use by an engineer is acceptable, the railroad has said.


In June, federal regulators expanded the testing program to include track maintenance workers. On Monday, the Federal Railroad Administration issued a rule mandating testing for opioids beginning Jan. 1.



The union representing maintenance workers said drugs played no role in the severity or cause of the crash. The NTSB said the positive tests were another indication that Amtrak's safety culture had eroded to the point where workers were not deterred from using drugs.


Hunter told investigators that he knew of maintenance work being done in the area but was not given any warnings about equipment being on the same track as his train.


Hunter blew the train's horn and hit the brakes once he saw equipment on an adjacent track and then on his own track. Investigators say that was about 12 seconds before impact.


The train slowed from 106 mph to 100 mph at impact and only came to a complete stop about a mile down the track. The lead engine of the train derailed.