OSHA has cited Appleton roofing contractor Hector Hernandez again after OSHA inspectors observed employees exposed to falls and other safety hazards at two Wisconsin job sites. OSHA proposed penalties of $120,320.

June 12, 2018

U.S. Department of Labor Finds Wisconsin Contractor Continues
To Expose Roofers to Falls and Other Safety Hazards

APPLETON, WI ‒ The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Appleton roofing contractor Hector Hernandez again after OSHA inspectors observed employees exposed to falls and other safety hazards at two Wisconsin job sites. OSHA proposed penalties of $120,320.

Hernandez, who operates Town City Construction, was cited for one repeated and two willful violations for failing to provide fall protection, train workers on fall hazards, properly install an extension ladder for safe egress, and provide required ladder jack scaffold components.

“Employers are required to provide fall protection to employees working in construction at heights above 6 feet,” said Robert Bonack, OSHA Appleton Area Office Director. “This employer’s repeated failure to comply with federal safety requirements exposes employees to fatal injuries from fall hazards.”

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

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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Wisconsin roofer accused of ignoring six different OSHA citations

Federal OSHA inspectors in Wisconsin recently conducted an inspection of a residential roofing site on the 1100 block of East Tyler Avenue, in Eau Claire, WI. The contractor performing the work, Town City Construction, which is based in Appleton, WI and owned by Hector Hernandez, is a serial OSHA offender. They’ve been cited by OSHA for fall protection hazards five prior times.

This inspection was not much different than previous inspections, except for the fact that after the employees donned the required harnesses to satisfy the inspector, the inspector returned an hour later to find employees in violation yet again.

OSHA inspectors saw five Town City employees on a home in the 1100 block of East Tyler Avenue facing down the roof’s slope while tearing off the existing asphalt shingles with tools at the roof’s eave. They also found a sixth employee standing along the rake edge at the peak of the roof, while preparing to install underlayment materials and ice and water guards, across the peak of the roof. Workers were at risk of falls up to 14 feet.The agency cited the company with one willful violation and an additional $70,000 in proposed federal fines on June 13.

But it’s likely that the company will deal with this OSHA citation the same way it’s dealt with the previous five…by ignoring it. The company has ignored five previous OSHA citations and fines issued from 2010 through 2015, including a willful violation cited last year.

“Town City continues to callously put its employees at risk for serious injuries or death because the company refuses to use fall protection,” said Mark Hysell, OSHA’s area director in Eau Claire. “Preventable falls account for nearly 40 percent of all deaths in the construction industry. I fear that only serious injury or death of an employee will convince this contractor to use required safety equipment. OSHA is committed to protecting workers from that fate.”

The agency has cited Town City for fall violations six times at Wisconsin work sites. Inspectors issued a willful violation in 2015 in Wisconsin Rapids, a second repeated violation in 2013 in Appleton, a repeated violation in 2012 in Sherwood and serious violations in Appleton in 2012 and Greenwood in 2010.

A fire that killed David Creech and his two-year-old son, Matthew and injured three others was started by a toddler playing with a lighter.

JOHNSTON COUNTY, N.C. (WITN) - 

Investigators say a fire that killed two people and injured three others was started by a toddler playing with a lighter.

It happened on Beulahtown Road in Kenley Saturday Morning.

Johnston County deputies say they found David Creech and his two-year-old son, Matthew, dead inside. The girlfriend of David Creech and both his 3-year-old and 10-year-old sons were transported to UNC Chapel Hill.

They're listed in serious but stable condition.

Investigators say the fire started in a toddlers bed because a juvenile was playing with a lighter. They say no criminal activity is believed to have occurred but an investigation is ongoing.

MaCaulay Williams, 44, was found guilty of one count of insurance fraud and one count of attempted theft by deception for falsely filing a claim to Liberty Mutual Insurance Company in Middlesex County, NJ

South River man found guilty by jury of insurance fraud and attempted theft


June 12, 2018

A South River man was found guilty by a jury of insurance fraud and attempted theft by deception for submitting fraudulent insurance claims to Liberty Mutual Insurance Company.

MaCaulay Williams, 44, was found guilty on June 1 of one count of insurance fraud in the third degree and one count of attempted theft by deception in the third degree for falsely filing a claim to Liberty Mutual Insurance Company, according to information provided by Middlesex County Prosecutor Andrew C. Carey.

During the two-week trial that began on May 22, Middlesex County Assistant Prosecutor Jody Carbone presented evidence and testimony showing that Williams, a law student at the time, submitted a fraudulent claim seeking $31,500 for reimbursement of living expenses while his South River home was being treated for mold, according to the statement.

An investigation by Detective Ryan Tighe of the Middlesex County Prosecutor’s Office determined that between May 1 and December 5, 2013, Williams submitted a claim for $1,500 a day for 21 days, in the form of two checks he wrote to his girlfriend for rent to stay at her home. It was determined that the two checks he submitted to the insurance company were written but never cashed, according to the statement.

The investigations were initiated by the New Jersey Office of the Attorney General, which has implemented a comprehensive and statewide insurance fraud crackdown through its County Prosecutor Insurance Fraud Reimbursement Program, according to the statement.

Williams is facing a prison term of three to five years when he is sentenced in New Brunswick by Superior Court Judge Dennis Nieves on July 13.

An employee of soap manufacturer Rogue Research, died as he was working with a mixer and got caught in a mechanical part of the machine in Petaluma, CA

Man dies on the job at Petaluma soap company

SUSAN MINICHIELLO
THE PRESS DEMOCRA
June 11, 2018, 9:33PM

A man died at Petaluma soap manufacturer Monday afternoon while operating machinery, police said.

The man, an employee of Rogue Research, was working with a mixer and got caught in a mechanical part of the machine, Petaluma police Lt. Tim Lyons said.

He was dead when Petaluma police and firefighters arrived at the Copeland Street company around 2 p.m. Monday, Lyons said. Police withheld his name until his family could be notified, Lyons said.

Investigators served a search warrant at 8:30 p.m. Tuesday to inspect the business, Lyons said. The company, which makes soap and supplement products, is cooperating with investigators, he said.

Cal-OSHA and Petaluma Police are investigating the circumstances of the man’s death.

The Transportation Safety Board (TSB) says it can’t determine why a Robinson R44 helicopter crashed near the Campbell River airport last fall, killing 46-year-old Karen Coulter from Nanaimo.

TSB investigators unable to determine cause of fatal Campbell River helicopter crash
"


TSB investigators unable to determine cause of fatal Campbell River helicopter crash
Pilot killed when helicopter hit the ground near airport
CBC News · Posted: Jun 11, 2018 12:02 PM PT | Last Updated: June 11

The Robinson R44 Astro helicopter crashed about a kilometre away from the Campbell River Airport. (Transportation Safety Board)


The Transportation Safety Board says investigators have been unable to determine why a helicopter crashed in Campbell River, B.C., in October last year.

One pilot was killed when the ASAP Avionics Services Robinson R44 Astro hit the ground in dense bush near the city's airport.

The helicopter took off from the airport with two pilots on board, according to the TSB report.


The purpose of the flight was to allow one of the pilots to demonstrate his ability to conduct slow flight manoeuvres for potential future employment.

After conducting flight exercises several kilometres away, the aircraft headed back to the airport to conduct hover exercises.
Call for mandatory cockpit data

On the final approach, control of the helicopter was transferred from one pilot to the other, the report said.

The helicoper's flightpath based on aircraft global positioning system data. (Google Earth/Transportation Safety Board)

The helicopter began to spin at a slow speed while close to the ground and travelled in a northwesterly direction.

After it gained some altitude, it then struck a tree about a kilometre away from the runway and crashed.

One pilot was killed and the other was seriously injured.

The TSB found both pilots were qualified, the helicopter had been maintained according to regulations, and weather was not a factor.

Investigators could not determine why the pilots lost control and the helicopter collided with terrain, the report said.

The agency is renewing calls for cockpit or data recording devices to be mandatory for commercial and private operators — something that is not currently required.



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


Cause of fatal Campbell River helicopter crash undetermined, TSB investigation concludes
  By Neetu Garcha Video Journalist Global News





The Transportation Safety Board (TSB) has released a report into the helicopter crash that killed 46-year-old pilot and mother, Karen Coulter (pictured above). GoFundMe



The Transportation Safety Board (TSB) says it can’t determine why a helicopter crashed near the Campbell River airport last fall, killing a 46-year-old woman from Nanaimo.

In an investigation into the Oct. 1, 2017 crash, the TSB concluded both pilots were certified and qualified for the flight, weather conditions were not considered a factor in the fatal crash, and that the helicopter was maintained and certified in accordance with existing regulations.



“The cause of the loss of control and collision with terrain could not be determined,” the report says.

“As this and other occurrences have demonstrated, when cockpit or data recordings are not available to an investigation, the identification and communication of safety deficiencies to advance transportation safety may be precluded.”

The Robinson R44 chopper lost control and crashed into trees a little over a mile from the airport runway in Campbell River around 5 p.m.

The victim of the crash was remembered as a caring and devoted mother by friend Roger Jamieson, who spoke to Global News about a week after the crash.

“She’s so caring and so giving, always happy and always upbeat,” Jamieson said in an October 2017 interview.

He said 46-year-old Karen Coulter, a pilot and single mom, left behind one son.


“She was an amazing person… her son was her whole life,” he said.

In its report, the TSB reiterated a previous recommendation that the Department of Transport make the installation of lightweight flight recording systems mandatory for commercial and private operators, who are not currently required to carry them.

The emergency locator transmitter activated, but the signal wasn’t heard until almost an hour and a half after the aircraft went down.

OSHA cited Wichita roofing contractor Jose Barrientos for exposing employees to falls and other safety hazards. Barrientos faces proposed penalties totaling $191,071 for two willful and six serious violations.

May 29, 2018

U.S. Department of Labor Cites Wichita Contractor for
Exposing Roofers to Safety Hazards

WICHITA, KS ‒ The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Wichita roofing contractor Jose Barrientos for exposing employees to falls and other safety hazards. Barrientos faces proposed penalties totaling $191,071 for two willful and six serious violations.

OSHA inspectors observed roofers at a Derby, Kansas, residential site working without appropriate fall protection. OSHA cited the employer for failing to provide adequate fall, eye, and face protection; train workers on fall hazards, ladder usage, and hazardous materials; and clear debris from the work area. OSHA has cited the employer for fall hazards five times in the past decade.

“This employer’s continued failure to comply with federal safety requirements needlessly exposed workers to a number of serious hazards, including falls, which are the leading cause of injury in the construction industry,” said Ryan Hodge, OSHA Wichita Area Office Director.

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

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.

U.S. 1st Circuit Court of Appeals Orders Maine Roofers, Lessard Roofing & Siding Inc. and Lessard Brothers Construction Inc., to Correct Violations, Implement Safety Measures, and Address $389,685 in Fines

June 1, 2018

U.S. 1st Circuit Court of Appeals Orders Maine Roofer to Correct Violations,
Implement Safety Measures, and Address $389,685 in Fines

BOSTON, MA – After multiple investigations by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), the U.S. Court of Appeals for the 1st Circuit ordered a Maine roofing contractor who has operated as Lessard Roofing & Siding Inc. and Lessard Brothers Construction Inc. to implement a comprehensive safety and training program after receiving repeated citations for exposing workers to falls. The owner, Stephen Lessard, was also ordered to produce substantial documentation that will demonstrate the extent to which he is able to pay $389,685 in outstanding fines issued by OSHA.

OSHA cited Lessard Roofing & Siding Inc. and Lessard Brothers Construction Inc. for safety violations at 11 different work sites in Maine between 2000 and 2011. Stephen Lessard failed to correct the cited violations, implement appropriate safety measures, and pay accumulated fines and interest, despite being ordered to do so by the 1st Circuit in December 2011. The Court held the owner in civil contempt for defying the 2011 order.

“The 1st Circuit’s order requires Lessard to ensure that all workers at his worksites, whether his employees, employees of his subcontractors, or actual or putative independent contractors, are operating safely, after a long history of his failing to provide adequate protective measures,” said Michael Felsen, Regional Solicitor of Labor in Boston. “When necessary, as in this case, the U.S. Department of Labor will pursue appropriate measures so that employers do not flout the law or gain an unfair advantage over law-abiding employers.”

“An employer that refuses to provide effective fall safety programs, training, and safety equipment needlessly exposes its employees to deadly or disabling injuries,” said Maryann Medeiros, OSHA’s Maine Area Director.

The Court also ordered Lessard to ensure that employees and contractors use required safety equipment and fall protection; conduct worksite safety analyses and meetings; employ a “competent person” to ensure work is performed according to OSHA regulations; notify OSHA about each worksite, and allow inspectors to enter these sites; and provide financial documentation to enable the Department to determine the owner’s ability to pay the fines; submit certification of abatement of the previously cited hazards, and comply with OSHA standards.

In particular, the safety program must include recognition and acceptance of responsibility as an employer, general contractor or supervisory contractor to ensure that all their employees, independent contractors or subcontractors use all appropriate safety equipment and fall protection apparatus and follow appropriate procedures.

If the owner fails to comply with the order, the court will consider additional sanctions up to and including incarceration.

Senior Trial Attorney Maureen Canavan of the Department’s Regional Office of the Solicitor in Boston and Senior Attorney Lisa Wilson of the Department’s Occupational Safety and Health Division in Washington, D.C., litigated on behalf of OSHA.

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

OSHA cited EWP Renewable Corp., doing business as Springfield Power LLC, for 25 safety violations after an employee, 23-year-old Dakota LaBrecque, of Loudon, N.H. suffered fatal injuries after he was pulled into a conveyor at the company’s Springfield plant in November 2017

 23-year-old Dakota LaBrecque, of Loudon, N.H. suffered fatal injuries after he was pulled into a conveyor at the company’s Springfield plant in November 2017

June 1, 2018

U.S. Department of Labor Cites New Jersey Renewable Energy Company
Following Fatality at New Hampshire Power Plant

CONCORD, NH – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited EWP Renewable Corp., doing business as Springfield Power LLC, for 25 safety violations after an employee suffered fatal injuries after he was pulled into a conveyor at the company’s Springfield plant in November 2017. The Mount Laurel, New Jersey, company faces $125,460 in proposed penalties.

OSHA inspectors found that the conveyor and other machinery lacked required safety guarding, and employees were not trained in lockout/tagout procedures to prevent equipment from unintentionally starting. OSHA also cited Springfield Power for fall hazards; electric shock and arc flash hazards; and lack of adequate emergency evacuation, fire prevention; and hazardous energy control programs.

“This employer’s failure to protect employees resulted in a tragedy that could have been prevented if training was provided and machinery was appropriately guarded,” said Rosemarie O. Cole, OSHA New Hampshire Area Director.

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. View the citations here, here, and here.

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.

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




A 23-year-old worker was pulled into a conveyor.

EHS Today Staff | Jun 08, 2018



On Nov. 27, 2017, 23-year-old Dakota LaBrecque, of Loudon, N.H. went to work. He never returned home.

OSHA investigators have now cited EWP Renewable Corp., doing business as Springfield Power LLC, for 25 safety violations.

“This employer’s failure to protect employees resulted in a tragedy that could have been prevented if training was provided and machinery was appropriately guarded,” said Rosemarie O. Cole, OSHA New Hampshire area director.

LaBrecque suffered fatal injuries after he was pulled into a conveyor at the company’s Springfield, N.H. plant. The Mount Laurel, New Jersey, company faces $125,460 in proposed penalties.

OSHA inspectors found that the conveyor and other machinery lacked required safety guarding, and employees were not trained in lockout/tagout procedures to prevent equipment from unintentionally starting. OSHA also cited Springfield Power for fall hazards; electric shock and arc flash hazards; and lack of adequate emergency evacuation, fire prevention; and hazardous energy control programs.

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. 

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





Dakota's Obituary


LOUDON, NH – Dakota "Koty" LaBrecque, 23, of Loudon, died unexpectedly while at work Monday, Nov. 27, in Springfield. Koty was born in the winter of 1994 in Concord to Kelley LaBrecque Smith. He grew up in Loudon and attended the Merrimack Valley School System and was a graduate of Merrimack Valley High School with the class of 2013.

After high school Koty joined the work force and earned himself a reputation as a motivated hard worker in his desired field of Landscaping, he had worked for Northeast Landscaping for several years and had most recently been working as a laborer at the Springfield Power Company. In his free time Koty loved to be outdoors. When he was younger it was being involved in youth sports and in most recent years it would be outdoors farming, hunting or fishing, or riding dirt bikes and mudding with friends. He was also a self taught musician and he loved to play his guitar.

Dakota is survived by his mother, Kelley LaBrecque Smith and his step-father, Alan Smith both of Loudon; a brother, Luke Ladd of Concord; two step-sisters, Haley Seidensticker of Manchester and Adrienne Seidensticker of Canterbury; his aunt and uncle, Terry Mullen and William Mullen of Loudon; his uncle, Arthur LaBrecque of Webster; his maternal grandmother and grandfather, Hazel and Charles Varnum of Loudon; and many, many cousins and friends. He has touched the lives of many people and will be deeply missed by those who knew him.

OSHA cited EnviroTech Services Inc. – based in Greeley, Colorado – after an employee, Jose Miguel Cisneros, died due to lack of oxygen while cleaning the inside of a railcar

OSHA Seeking $65K in Penalties in Colorado Envirotech Worker Death
June 11, 2018


Federal regulators are proposing nearly $65,000 in penalties for a Colorado company where a worker died after inhaling toxic fumes while cleaning the inside of a rail car.

The Occupational Safety and Health Administration said that EnviroTech Services of Greeley didn’t provide respiratory protection, didn’t properly ventilate the car and didn’t have an emergency rescue plan.


Jose Miguel Cisneros died in December. A co-worker who tried to rescue him also was overcome by the fumes while they worked at EnviroTech’s plant in Evans.

EnviroTech provides deicing, anti-icing, dust control, soil stabilization and erosion control, according to its website. The Greeley Tribune reports the company did not immediately respond to a request for comment.

OSHA Denver Area Office Director Herb Gibson has held an informal conference with EnviroTech Services to discuss the citations and work toward an informal settlement.



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




June 7, 2018

U.S. Department of Labor Cites a Colorado
Chemical Manufacturer

DENVER, CO –



The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited EnviroTech Services Inc. – based in Greeley, Colorado – after an employee died due to lack of oxygen while cleaning the inside of a railcar. A second employee who tried to rescue the co-worker was also overcome, but survived. EnviroTech Services Inc. faces $64,857 in proposed penalties.

OSHA cited the chemical manufacturer for failing to provide respiratory protection; properly ventilate a confined space; implement a permit-required confined space program; and have an emergency rescue plan in place.

“This fatality could have been prevented if the employer had complied with confined space requirements and provided protective equipment,” said Herb Gibson, OSHA Denver Area Office Director.

EnviroTech Services Inc. has held an informal conference with OSHA’s area director to discuss the citations in an attempt to enter into an informal settlement agreement.

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 www.osha.gov.
====================


GREELEY, Colo. (AP) —



Authorities say a worker died after he apparently inhaled toxic fumes while he was cleaning a train car in northern Colorado.

The Greeley Tribune reports 35-year-old Jose Miguel Cisneros and a co-worker were found unconscious in a maintenance rail yard in Evans on Tuesday. Cisneros, who worked for Envirotech in Greeley, died at a hospital, and the other man's condition has not been released.

Investigators say the train car had been used to transport hazardous material.

No other information was released.



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

This past Christmas, in his family's hometown of Long Beach, Calif., Jose Miguel Cisneros — "Miguel" to his family — gathered his brothers and sister and cousins together and told them they all needed to stick together.

It was a powerful revelation for the family, who had scattered through the years. Cisneros himself hadn't returned to California for 12 years, his family said. But he was the oldest of five children and, his family said, he'd always been the unifying force between them. If he said they needed to stick together, they would.

And they did. In fact, by the time Cisneros died Tuesday in a hazardous material incident in Evans, he'd been making plans to travel back to California for Christmas at the home of his younger brother, Danny Cisneros. Miguel Cisneros was found unresponsive about 8:30 a.m. that morning in a rail yard in the 6000 block of 47th Avenue in Evans, along with one other co-worker. Authorities believe the two men, who worked for EnviroTech Services in Greeley, were cleaning a rail car that had been carrying a hazardous material and inhaled the fumes. First responders rushed both men to North Colorado Medical Center, where Cisneros later died. The second man's condition has not been released, according to a news release from the Weld County Coroner's office.

Danny, who said he saw Miguel — 9 years his senior — as a father-figure, had been on the phone with him that morning before his death.

"I spoke with him on the day of the accident," Danny said. "It was just 'I'll call you back, bro.' I missed a call later (that day) about 9 a.m. I don't know if it was paramedics calling."

Danny and Miguel talked all the time and not just about the good things. Three years ago, in the grip of a difficult time in his life, Danny told Miguel he wanted to kill himself. Miguel, being the father-figure he always had been to his youngest brother, reminded him he had more to live for, especially his kids. As he did for all his siblings when dark times arrived, he reminded Danny everything was going to get better. Life is hard, he'd say, but keep moving forward.

So Danny did, just as Miguel had throughout his life. He left Long Beach at 18 after graduating high school and moved to Alabama, where he took up various jobs such as working at a grocery store or in construction. He made his way to Greeley after that, where he got the job at EnviroTech. His family remembered him as a hard worker who made his two children and his family a priority, and he worked for them.

He'd had a relationship and a child in Alabama, but it was at church 11 years ago he met Maria Cisneros, his wife and the mother of his son. The life they built in Greeley was happy — Miguel worked and in his spare time, he took his family to the mountains because he always wanted to be outside, his son, David, said.

Miguel, like his siblings, spoke both English and Spanish, but Maria is not bilingual. When asked what were some of the things she loved most about her husband, she answered with two syllables, quick and confident: "Todo."

After a brief silence she repeated the word again. It was a statement, a fact.

"Todo" is the Spanish word for "everything."

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


Obituary for José Miguel Cisneros Jose Miguel Cisneros, 35, of Long Beach California, passed away December 5th 2017 in Greeley, Co.

He was born June 27th 1982 to Raul and Marina Cisneros. In 2006 he met the love of his life, Maria Cisneros at church.

Jose was a wonderful husband, father & brother. He always put his family before anything. Jose was a hardworking and dedicated man who would never hesitate to help anyone out. He will be missed by many.

He is preceded in death by his cousin Jenny Espericueta.

His is survived by his wife Maria Cisneros; son, David Cisneros; daughter, Violet Cisneros; parents, Raul and Marina Cisneros & 3 brothers and one sister.