OSHA issued 31 serious safety citations to Elgin-based American Demolition, Valor Technologies of Bolingbrook, and Tecnica Environmental Services of Lemont, Illinois.

OSHA Cites Chicago's Old Post Office Demolition Contractors

Sloppy safety practices cost three companies $220,497 for 31 citations

December 28, 2017



 

OSHA released a statement Wednesday saying workers were exposed to lead, cadmium and arsenic while performing demolition and sandblasting work on Chicago's 90-year old Old Post Office building last summer.

OSHA inspected the post office site in August 2017, after receiving referrals from the Chicago and Illinois Departments of Public Health. Both public health agencies reported an elevated blood lead level for an employee performing sandblasting work.

OSHA issued 31 serious safety citations to Elgin-based American Demolition, Valor Technologies of Bolingbrook, and Tecnica Environmental Services of Lemont, Illinois.

All three companies were found to have violated OSHA standards for respirator use, sanitation, and storage which led to workers being exposed to lead, arsenic, and in once case up to 5.2 times the permissible limit of cancer-causing cadmium.

American Demolition was the most serious violator, incurring fines totaling $105,765. American Demolition did not have a written lead compliance program - a violation for which it had previously been cited in 2013 -nor did they provide medical monitoring for lead and zinc levels. American Demolition was also cited for not properly disposing of contaminated clothing, not maintaining surface areas in non-demolition areas where lead and arsenic were found, not properly calibrating carbon monoxide detectors where one air quality reading showed CO was 3.5 times more than the permissible level.

Valor Technologies was fined $64,538 for respiratory protective equipment violations, lack of information and training for working with arsenic, exposing workers to cadmium while scraping lead-based paint, exposing workers to lead and contamination in the lunchroom area, and incomplete exposure record keeping.

Tecnica Environmental Services was cited adn fine $50,194 for respirator contamination, incorrect storage, using unapproved CO filters, not monitoring CO in the air, not having a written respiratory protection program, and exposing workers to 3.5 times permissible levels of carbon monoxide, as well as airborne arsenic.

The companies have 15 days to respond to OSHA's findings.


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OSHA fines Celebration Fireworks Inc. $15,000 after an explosion in June that caused an employee to lose parts of both hands

The initial fine is cut by a third


A Lehigh County fireworks company was fined nearly $15,000 by the U.S. Occupational Safety and Heath Administration after an explosion in June that caused an employee to lose parts of both hands, a summary of violations says.


Celebration Fireworks Inc., 7911 Seventh St. in Washington Township, was initially fined more than $21,000 on Nov. 14 for three violations that were broken into 10 corrective actions, OSHA said. An informal settlement, reached Dec. 8, lowered that number to $14,831, records show.

The inspection isn't closed, since some of the corrective actions have completion dates that stretch into January, records show.


The female victim was never identified, but the OSHA paperwork says she was inserting a match fuse into a fireworks charge between 7 and 7:30 a.m. June 30.


Fireworks blast results in severe injury

"The fireworks exploded and both of the employee's hands were amputated," according to the OSHA paperwork. But company President John Kemps on Friday said she lost the pinky finger on her right hand and all the fingers on her left.

The woman remains in the hospital but should be released soon, Kemps said.


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Blast at fireworks company results in severe hand injury

Updated Jun 30, 2017; Posted Jun 30, 2017
Workers prepare fuses among a sea of launch tubes July 2, 2014, at Celebration Fireworks in the Slatington area. (lehighvallleylive.com file photo)()



By Tony Rhodin



A woman suffered a severe hand injury in an explosion Friday morning at a fireworks business in Washington Township, Lehigh County, authorities say.

A county dispatcher confirmed the blast happened about 7:20 a.m. at Celebration Fireworks Inc., 7911 Seventh St.

A fire was quickly put out and dispatches indicated there was more than one explosion.

The dispatcher wouldn't speak to the woman's medical condition.






Pennsylvania State Police at Bethlehem, who patrol that area, didn't respond, a trooper there said. A dispatch said the Bureau of Alcohol, Tobacco, Firearms and Explosives was involved.

Northern Valley EMS was on-scene, the dispatcher said, to treat the woman.

The U.S. Occupational Heath and Safety Administration responded, a spokeswoman said. OSHA investigates worker-related injuries.

OSHA opened an investigation and has six months to perform the probe and release its findings, the spokeswoman said. She wouldn't elaborate on the incident.

The Allentown Fire Department's bomb squad was also called in, an official said.

Celebration Fireworks is a "fireworks display company" that specializes in shows that sync with music, its website says. No one answered the phone there Friday morning.

The owner of the business spoke with the Morning Call, saying the woman's injuries were life-threatening and he believed the explosion was sparked by an electric match, normally used to set off fireworks. He told the newspaper it was the first such accident there since the company opened in 2001.

Franklin Township Clerk Ann Marie McCarthy was arrested last month and charged with insurance fraud and of deceiving Horizon Blue Cross for payments of services for which she did not receive

HILLSBOROUGH, NJ - 

Franklin Township Clerk Ann Marie McCarthy has been suspended after she was arrested last month and and charged with insurance fraud.

She is accused of deceiving Horizon Blue Cross for payments of services for which she did not receive, according to court documents.

Between Jan. 1, 2016 and Sept. 1, 2017, McCarthy made it appear as though she received treatment and services eligible for insurance coverage reimbursement "in an amount in excess of $500," according to court documents.


McCarthy was arrested December 14, 2017 by Det. Darren Herrling from the Somerset County Prosecutor's Office and charged at the Hillsborough Township Municipal Court with theft by deception value, $500 to $74,999, and insurance fraud. Both are third-degree charges, according to court documents.

The case has been transferred to the Middlesex County Prosecutor's office.

Township Manager Bob Vornlocker released the following statement:

"On December 14, 2017, upon notification by the Somerset County Prosecutor’s Office that Township Clerk, Ann Marie McCarthy, was charged with a crime of the third degree, the Township of Franklin immediately suspended Ms. McCarthy, without pay, pending the resolution of the criminal charges. Deputy Clerk, Msiba Holliman, has assumed the Township Clerk’s duties. To the extent they require it, the Township is prepared to cooperate, to the fullest extent possible, with the involved law enforcement agencies."

OSHA has cited Stalwart Films LLC and proposed penalties totaling the maximum allowable fine of $12,675, for failing to protect employees from fall hazards while filming the television show, “The Walking Dead.” after the death of stuntman John Bernecker

Jan. 5, 2018

U.S. Department of Labor Imposes Maximum Fines on Motion Picture Company for Failing to Adequately Protect From Fall Hazards

SENOIA, GA – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Stalwart Films LLC for failing to protect employees from fall hazards while filming the television show, “The Walking Dead.”

OSHA issued a serious citation and proposed penalties totaling the maximum allowable fine of $12,675, for the company’s failure to provide adequate protection from fall hazards. OSHA investigated Stalwart’s filming location in Senoia after a stuntman was fatally injured after falling more than 20 feet.

“This tragedy should serve as a wake-up call for the entertainment industry,” said OSHA Atlanta Regional Administrator Kurt Petermeyer. “The entire industry needs to commit to safety practices for actors and stunt people involved in this type of work.”

The company has 15 business days from receipt of its 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 http://www.osha.gov.



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OSHA issued the maximum fine allowable for the citation "for the company’s failure to provide adequate protection from fall hazards" following its investigation into John Bernecker's death.

Following the death of 33-year-old Walking Dead stuntman John Bernecker in July 2017, OSHA has imposed the maximum fine allowable in the citation's category against the show's production company, Stalwart Films LLC. The stuntman fell more than 20 feet on the Georgia set of the show July 12.

OSHA, or the Occupational Safety and Health Administration, issued a "serious" citation "for the company’s failure to provide adequate protection from fall hazards" following its investigation into Bernecker's death. The fine for the citation is $12,675.

According to its website, the majority of OSHA citations are listed as "serious," as opposed to "willfull" or "repeat" violations, which are considered more serious.

“This tragedy should serve as a wake-up call for the entertainment industry,” said OSHA Atlanta Regional Administrator Kurt Petermeyer in a statement. “The entire industry needs to commit to safety practices for actors and stunt people involved in this type of work.”

The company now has 15 business days to comply or contest the findings.

In response to the fine, Stalwart Films LLC released the following statement, obtained by THR: "This was a tragic and terrible accident. We take the safety of our employees extremely seriously on all of our sets and comply with — and frequently exceed — industry safety standards. We disagree with the issuance of this citation and are considering our response.”

In addition to OSHA's investigation, SAG-AFTRA announced at the time it was looking into the matter as well.

According to a sheriff's report of the incident, it took almost a half-hour for the medevac to reach Bernecker. The report also stated that prior to his fall, Bernecker had told an actor that he had done “a few” high fall stunts before, but “never this high up” and, per the report, he seemed nervous beforehand.

Bernecker was supposed to fall off of a balcony and on to the collection of pads, boxes and PortaPit pads below, but he missed them by inches. Production on The Walking Dead was halted following his death, but resumed days later on July 17.

According to the U.S. Bureau of Labor Statistics, arts, entertainment and recreation is the 12th most dangerous industry in Georgia, with 5.3 nonfatal injuries and illnesses for every 100 workers in 2015, the most recent year with data available. The California rate was 4.6 per hundred.



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How did a seemingly simple 22-foot fall lead to the death of stuntman John Bernecker? Authorities face hurdles: "It's never a black-and-white thing," says an expert.

In the aftermath of the tragic death of 33-year-old stuntman John Bernecker — who died July 12 after plunging headfirst from a balcony on the Georgia set of The Walking Dead — questions abound about how a seemingly simple 22-foot fall ("the ABC of stunts," in the words of one veteran stunt coordinator) could go so horribly wrong.

The case has now been assigned to Capt. John Kennedy, an officer within the Coweta (Georgia) County Sheriff's Office, which, after initially being open about its investigation, has since refused to give materials to the media. A staff member there told THR on July 17 that the office had been instructed to "freeze" all provision of additional materials — no photographs, videos or new reports — per a state law protecting pending investigations.

The Coweta probe will proceed in tandem with two others, led by the federal Occupational Safety and Health Administration and SAG-AFTRA, though the latter does not hire independent investigators.

Right after the incident, local law enforcement faced problems that might complicate further discovery. Deputy Sheriff J.P. Traylor, the first officer on the scene — he arrived at Raleigh Studios in Senoia, Georgia, at 1:47 p.m., a half-hour after the 1:11 p.m. incident — filled out a four-page report that day but was unable to interview stunt coordinator Monty L. Simons as most crewmembers had been sent away within minutes of the accident, according to Traylor's report. It's unclear who asked them to leave the set. (Simons did not respond to an email and call requesting comment, but he was described by veteran stuntman Conrad Palmisano, a former president of the Stuntmen's Association of Motion Pictures, as "very qualified, a good guy, focused and competent.")

Nor was Traylor able to interview Walking Dead's first assistant director on the episode (whose name hasn't been made public), the person who generally is responsible for set safety, according to the Directors Guild agreement with studios and producers.

Instead, according to Traylor's report (whose second page has been deliberately withheld pursuant to law, according to a sheriff's clerk), the deputy was able to contact only two of those present: second assistant director Matthew Goodwin and actor Austin Amelio (who plays Dwight on the series), the other performer on the balcony.

Bernecker's girlfriend, Jennifer Cocker — herself a stuntwoman who has worked on such projects as the AMC series Preacher — has questioned Amelio's presence on the balcony on the grounds that it was wrong to have an experienced professional next to a relatively inexperienced actor "who doesn't know what he's doing." (Amelio did not respond to a request for comment.)



John Bernecker/Facebook
Bernecker (left) on the set of Into the Badlands.

 

Other issues surround the case, including why photos of the scene show a balcony but no padding below, and why it took 17 minutes for an ambulance to reach the stuntman, who subsequently was helicoptered to Atlanta Medical Center. While a fire engine arrived within seven minutes, medevac helicopter Air Life 4 did not evacuate Bernecker until about 30 minutes after the fall. He was declared dead at 6:30 p.m., but remained on life support for several more days.

The tight-knit stunt community (who also are members of SAG-AFTRA) has been devastated by the death, and still remembers other tragedies on the sets of productions including 2002's XXX and 2012's The Expendables 2. AMC and showrunner Scott Gimple issued statements saying they were "deeply saddened."

According to the report by Traylor (who spoke with THR on July 17, after his superiors closed off provision of documents), Bernecker was supposed to fall from the balcony railing onto a pad made of a layer of boxes, PortaPit pads and another large pad, but missed the padding by inches. Traylor's report quotes Goodwin as saying that, after signaling he was ready, Bernecker got most of the way over "but did not appear to get good separation from the balcony." He attempted to abort the fall by grabbing the railing with both hands but failed.

Bernecker, who had accumulated 93 stunt credits in less than a decade of work, was experienced enough that eight of those credits were as a stunt coordinator. In that more senior role, he would have been responsible for designing and prepping stunts and would be a key player responsible for the safety of other stuntmen.

Stunt performers also are responsible for examining the stunt design and demanding changes if necessary, according to multiple stuntmen sources.

Now it remains to be seen whether the investigations will lead to changes in the SAG-AFTRA agreement between studios and the union, whose wording on such matters is vague. "All reasonable requests and requirements for safety equipment in connection with the performance of stunts shall be complied with by Producer," the agreement states, without defining "reasonable."

Production on the eighth season of Walking Dead, cable's top-rated show, was halted immediately after Bernecker's fall, but it resumed July 17, leaving insurers to wrangle over who pays for what. The employer of record is customarily the payroll company, rather than AMC, which produces the series, says HUB Entertainment's Christie Mattull, an insurance broker. Other entities involved might have general liability policies, but AMC may have to cover the costs of the production delay, as cast insurance usually applies only to stars.

No word was made public at press time about funeral plans, though the family had Bernecker's organs donated, according to LifeLink Foundation.

"Something obviously went wrong," says Palmisano, who adds that the cause might ultimately never be known. "It's never a black-and-white thing. It's always a pinch of this, a dash of that, then something tragic happens."



Gene Page/AMC
Amelio on the set of The Walking Dead. This story first appeared in the July 19 issue of The Hollywood Reporter magazine