July 13, 2018
U.S. Department of Labor Cites North Carolina Shipyard
After Towboat Worker Drowned in Storm
BELHAVEN, NC – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Belhaven Shipyard and Marina Inc. - doing business as TowBoatUS River Forest - after an employee drowned when a towboat capsized while operating in a winter storm. The company faces $11,640 in proposed penalties.
OSHA investigators determined that the company allowed employees to attempt a tow during a winter storm state of emergency. The towboat overturned and sank when weather and water conditions deteriorated. OSHA has cited the company for failing to provide a workplace free from recognized hazards by allowing employees to attempt the tow during a declared state of emergency; not ensuring employees wore personal flotation devices; and exposing employees to drowning hazards by providing a floatation device not designed for use in freezing temperatures.
“This tragedy never should have happened,” said OSHA Raleigh Area Office Director Kim Morton. “It could have been prevented if the employer had made worker safety a priority and heeded warnings of the state of emergency from an approaching storm.”
The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit https://www.osha.gov.
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North Carolina TowBoatUS captain dies in capsize
By Workboat Staff on January 19, 2018
The body of a TowBoatUS captain was recovered Friday after his 21’ vessel capsized during a night towing job near the mouth of North Carolina’s Pungo River, Coast.
Capt. James W. Cleary Jr., 45, of Belhaven, N.C., was on the mission when watchstanders at the Hobucken Coast Guard station received a call at approximately 1:20 a.m.Thursday reporting the boat had capsized while towing a 47’ recreational boat. Cleary was reported to be wearing coveralls, rubber boots and a lifejacket.
A 45’ Response Boat-Medium crew launched from Hobucken, and an MH-60 Jayhawk helicopter crew launched from the Elizabeth City, N.C., air station. The Coast Guard crews searched along with North Carolina wildlife and Beaufort County officers. As many as 10 vessels joined as the search resumed at daybreak Friday.
The one man aboard the recreational boat being towed was taken to shore by a North Carolina Wildlife crew to be evaluated by emergency medical services. Cleary’s body was recovered around 4 p.m. Friday in the Pungo River.
Life Legacy
Captain
James Wilson Cleary Jr., "J.W.", age 45, a resident of Belhaven passed
away Friday January 19, 2018. Funeral services will be at 2:00 pm
Tuesday January 23, 2018 at West Belhaven Church of Christ and will be
officiated by James Scheffler. Burial will follow in Belhaven Community
Cemetery.
J.W.
was born in Beaufort County on June 26, 1972 to James and Connie W.
Cleary who survive. On July 30, 1994 he married Malanie Voliva who
survives. He was a 1991 graduate of Northside High School, was employed
as a boat mechanic with Radcliffe Marine and served as Assistant Chief
with the Belhaven Fire Department. James was a member of West Belhaven
Church of Christ.
Survivors
include his wife, Malanie V. Cleary, two daughters, Jessica Cleary,
Sarah Cleary, one son, James “Wilson” Cleary III, his parents, a
brother, Jason Cleary and Ashley, a sister, Connie Cleary Davis and
Charles, one grandson, C.J. Nixon and several nieces and nephews.