How to identify dangerous levels of noise exposure and what to do to protect Grounds Management Professionals and others from the harmful effects of noise.

Grounds for Change: Reducing Noise Exposure in Grounds Management Professionals – Part 1

Posted on July 25, 2018 by Jackie DiFrancesco BA, COHC; Asha Brogan and Bryan Beamer PhD, PE, CSP

While the dog days of summer mean slowing down for some people, sunshine brings the busy season for those in the grounds management professions, which includes landscaping, tree care and horticulture. This summer work means breaking out tools that can create loud noise: lawn mowers, edgers, chainsaws, chippers — just to name a few. This noise is more than just an annoyance, it can create long-term health effects including hearing loss, tinnitus (ringing in the ears) and even cardiovascular issues [Babisch 2011; Kerns et al. 2018]. This two-part blog series provides basic information for grounds management professions about how to identify dangerous levels of noise exposure and what to do to protect themselves and others from the harmful effects of noise.

What’s the problem?

Chronic noise exposure can lead to tinnitus and/or hearing loss. These effects are sometimes experienced as a temporary response after a period of loud noise. Many people have come home from a concert or other loud event with muffled hearing and their ears ringing, only to wake up the next morning feeling back to normal. These symptoms, while temporary, are an indication that damage is occurring inside the ear. Repeated loud noise exposure over weeks, months or years can eventually lead to permanent damage. For landscapers, or other grounds management professionals, who are regularly using noisy tools on the job, the tinnitus may become constant. The effects of living with chronic tinnitus can range from annoying to completely debilitating. Repeated noise exposure can also lead to permanent hearing loss. Hearing loss has lifelong effects which can include difficulty communicating, increased risk of injury on the job, and mental health issues like anxiety and depression [Arlinger 2003].

Who is affected?

An estimated 912,360 people in the U.S. are employed as landscapers or groundskeepers, with another 100,320 employed as first-line supervisors of landscaping, lawn service and grounds keeping workers [BLS 2017]. For these people who regularly use tools that create hazardous noise, hearing loss can be a real concern. Landscapers and groundskeepers are not alone; each year approximately 22 million workers in the U.S. are exposed to potentially damaging noise [Kerns et al. 2018]. Hearing loss is considered one of the most common occupational injuries in the United States, and carries high personal and societal cost and yet it is preventable.

What is a safe level of noise?

Sound level is measured in decibels (dB). Workplace sound levels are usually “A-weighted” (dBA), which takes into account the sensitivity of the human ear. A whisper is about 30 dBA, a normal conversation is about 60 dBA, and a jackhammer is about 130 dBA. Noise is considered hazardous when it is 85 dBA or above [NIOSH 1998]. If you must raise your voice when talking to someone about 3 feet away, the noise level is probably at least 85 dBA. You can download a sound measurement app to your smartphone to check noise levels, such as the NIOSH Sound Level Meter App.

How loud are noise levels in the grounds management industry?

A recent study by Balanay et al. [2016] looked at noise exposure among university groundskeepers. They measured the sound levels of several common landscaping tools and found that many produced a maximum level higher than 85 dBA. Table 1 shows some of the tools and levels they measured; the ranges are from different models of the same type of equipment.

Tool	Noise Level (dBA)
Push Mower	86-92
Riding Mower	88-96
Leaf blower	95-106
Edger	98-106
Chipper	102-106
Chainsaw	105-109

Table 1. Tool maximum levels by type from Balanay et al. [2016].

Operating tools that are louder than 85 dBA can make communicating on the job difficult and create a safety hazard. Repeated exposure to loud noise can create lifelong health issues. Negative effects of noise exposure are preventable if you know how and when to implement effective noise reduction strategies. It is important for those operating loud tools, and their managers, to be aware of these health risks, and potential solutions. Explore the NIOSH noise and hearing loss page to learn more about hazardous noise levels and your health. Check back next week for Part 2 of this series to learn strategies to reduce your noise exposure.

Jackie DiFrancesco BA, COHC; Asha Brogan and Bryan Beamer PhD, PE, CSP

References

Arlinger S [2003]. Negative consequences of uncorrected hearing loss-a review. Int J Audiol 42: 2S17-2S20.
Balanay JA, Kearney GD, Mannarino AJ [2016]. Assessment of occupational noise exposure among groundskeepers in North Carolina public universities. Environ Health Insights 10:EHI-S39682, https://doi.org/10.4137/EHI.S39682.
Babisch W [2011]. Cardiovascular effects of noise. Noise Health 13(52):201-204.
BLS [2017]. May 2017 National occupational employment and wage estimates United States. In: Occupational Employment Statistics. Washington, DC: Bureau of Labor Statistics, https://www.bls.gov/oes/current/oes_nat.htm.
Kerns E, Masterson E, Themann C, Calvert G [2018]. Cardiovascular conditions, hearing difficulty, and occupational noise exposure within US industries and occupations. Am J Ind Med 61(6), 477-491.
NIOSH [1998]. National Institute for Occupational Safety and Health (NIOSH) Criteria for a Recommended Standard: Occupational Noise Exposure, revised criteria. Cincinnati, OH: US Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, Publication 98-126.

Susquehanna River levels are at minor flood stage this morning, and by Friday morning they will reach moderate flooding in Harrisburg, Marietta and Wrightsville

York County flooding: Susquehanna River levels rising, more rain tomorrow
Candy Woodall, York Daily Record 

July 26, 2018



(Photo: Seven Valleys Mayor Doug Wagner)

The rain ended overnight, but the threat is not gone.

Susquehanna River levels are at minor flood stage this morning, and by Friday morning they will reach moderate flooding in Harrisburg, Marietta and Wrightsville, according to the National Weather Service in State College. Locally, in Wrightsville, the river is expected to reach 52 feet early tomorrow.

While Thursday is expected to be dry, at least in terms of no rain, storms are expected to return tomorrow afternoon.

That weather news comes after communities across York County are still cleaning up after some residents said their streets looked like rivers.

Roads were closed throughout York County, including in Spring Grove, where a first responder decided to have a little fun with the flooding, donning a pool float and snorkeling gear.

Community Fire Co. in Seven Valleys had to do some flood management at their own station, where high water flowed along Main Street. Videos and posts on the fire company's Facebook page shows some of the damage. They were still cleaning up the engine room at about 2 a.m. Thursday.

Springvale Road in Red Lion was "like a river" at 7 p.m., one resident said.

A sinkhole has also opened right alongside Route 30 near Biesecker Road in Thomasville, Jackson Township. The hole, about 10 to 15 feet deep, has not damaged the road, but cars are being diverted around it, and Columbia Gas is monitoring a nearby gas line running under the road.

Flooding could continue Thursday and Friday because of how much rain fell since Saturday.

"York had 6 to 12 inches. It sounds like a snow forecast," said Matt Steinbugl, a meteorologist with the National Weather Service.

The central part of the county was hit hardest and had the most rain, he said.

"This is pretty unusual," Steinbugl said of the week of heavy rain.


Central Pennsylvania has essentially received tropical rain without a tropical storm. A heavy moisture system has parked over the Susquehanna Valley, delivering six days of heavy rain.

Thursday will be a dry, sunny reprieve, but storms are expected to return Friday afternoon.

The weekend will be dry and give the water a chance to recede, but then rain is expected again Monday and for several days.

"York could be back in the same position next week," Steinbugl said.

A commercial vehicle struck an overpass in the area of I-15 in daho, causing debris to fall in the roadway and creating several flat tires and a two-vehicle fiery collision

UPDATE

The following is an update from Idaho State Police

On Tuesday, July 24, at approximately 4:23 p.m., Idaho State Police investigated a two-vehicle, injury crash southbound I-15 at milepost 86, six miles north of Fort Hall.

Sandra Smith, 49, of Rigby was southbound on I15 in a 2005 Subaru Legacy. Kristin Derouen, 19, of Pocatello, was behind the Subaru in a 2002 Nissan Sentra.

At approximately 4 p.m., a commercial vehicle had struck an overpass in the area, causing debris to fall in the roadway. Multiple vehicles were stopped with flat tires, which was causing traffic to slow down.

The Subaru was slowing down when the Nissan struck it from behind. The Subaru came to rest in the median and the Nissan came to rest partially blocking the southbound left lane. Both drivers were wearing seatbelts. Smith was transported to Portneuf Regional Medical Center in Pocatello by ground ambulance.

The Nissan caught fire, which started a grass fire in the median. The northbound lanes were blocked due to visibility issues caused by the smoke.

The southbound left lane was blocked for approximately one hour and twenty minutes. Both northbound lanes were blocked for approximately fifteen minutes, and the right lane was blocked for an additional twenty five minutes.

The crash is under investigation by Idaho State Police. 

ORIGINAL STORY

BLACKFOOT — A car burst into flames along Interstate 15 Tuesday after colliding with another vehicle.

The two-vehicle crash occurred around 4:30 p.m. about two miles north of Fort Hall.

The southbound lane is blocked and traffic is backed up for several miles.

ISP dispatchers tell EastIdahoNews.com that no one was injured in the crash.

Floriberta Macedo-Diaz, 46, of Waynesboro, VA died at the Yancey Lumber Company in Crozet, Virginia

CROZET, Va. (AP) — 

Police say an employee of a central Virginia lumber company has died after being hurt while on the job.

Albemarle County police said in a news release that officers responded to an industrial accident at Yancey Lumber Company in Crozet just before 7 a.m. Wednesday.

Police say 46-year-old Floriberta Macedo-Diaz of Waynesboro sustained a life-threatening injury at the job site. She was taken to the University of Virginia Medical Center, where she died as a result of her injuries.

The Occupational Safety and Health Administration is investigating.

The Daily Progress reports a 2014 company inspection by the administration revealed five serious violations of policy and resulted in a $3,150 fine.

A person who answered the phone at the company hung up twice.

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Authorities Investigating Fatal Incident at Crozet Business 
July 25, 2018





Authorities on the scene of a fatal accident at a Crozet lumber yard

Authorities on the scene of a fatal accident at a Crozet lumber yard

Authorities on the scene of a fatal accident at a Crozet lumber yard
ALBEMARLE COUNTY, Va. (WVIR) -

Authorities are investigating how exactly an employee was crushed by lumber Wednesday morning at a business in Crozet.

First responders were called out to the R.A. Yancey Lumber Corporation a little before 7 a.m. Wednesday, July 25, for a reported industrial accident.

The accident shut down eastbound lanes of Rockfish Gap Turnpike for a short time, as well.

The lumber company confirms an accident happened, but is not offering any other details.

Forty-six-year-old Floriberta Macedo-Diaz of Waynesboro was transported to the University of Virginia Medical Center, where she died as a result of her injuries.

Albemarle County police say they have not found anything suspicious about the incident.

Occupational Safety and Health Administration is investigating.
Release from the Albemarle County Police Department:

On Wednesday, July 25th, 2018 at approximately 6:55 AM, the Albemarle County Police Department responded to an industrial accident at Yancey Lumber Company located at 6317 Rockfish Gap Turnpike in Crozet.

Investigation revealed that an employee of Yancey Lumber Company sustained a life threatening injury at the job site.

The female victim was transported to UVA Medical Center.

Floriberta Macedo-Diaz, 46, of Waynesboro, died as a result of her injuries.

The Occupational Safety and Health Administration is investigating this accident.

Waveney Blackman, 72, of Bowie, Maryland, Owner of Durable Medical Equipment Company WaveCare Health Services LLC, also known as WaveCare Healthcare Services LLC Pleads Guilty to Defrauding Medicaid of More Than $9 Million

FOR IMMEDIATE RELEASE
Wednesday, July 25, 2018
Owner of Durable Medical Equipment Company Pleads Guilty to Defrauding Medicaid of More Than $9 Million
Defendant Used Money to Buy Real Estate, Luxury Car


The owner of a company that provided durable medical equipment pleaded guilty today to a federal charge of health care fraud for carrying out a scheme in which she fraudulently obtained more than $9.4 million in District of Columbia Medicaid payments.

The announcement was made by Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Jessie K. Liu for the District of Columbia, Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office, Special Agent in Charge Maureen Dixon of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Philadelphia Regional Office and District of Columbia Inspector General Daniel W. Lucas.

Waveney Blackman, 72, of Bowie, Maryland, pleaded guilty in the U.S. District Court for the District of Columbia. Her sentencing is scheduled on Oct. 18 before the Honorable Thomas F. Hogan.

Blackman was the sole owner and chief executive officer of WaveCare Health Services LLC, also known as WaveCare Healthcare Services LLC. The company, based in the District of Columbia, was a provider of durable medical equipment, including wound care and incontinence supplies, to Medicaid beneficiaries and others. It became a Medicaid provider in 2008.

According to the plea documents, Blackman devised and executed a scheme to submit false and fraudulent claims to Medicaid for durable medical equipment, including incontinence and wound care supplies, which she knew were not purchased or provided to Medicaid beneficiaries. From January 2010 through approximately June 2016, Blackman sent and caused employees to send false and fraudulent invoices to a biller engaged by the company, which were then submitted to Medicaid. All told, she submitted and caused the submission of at least $9.8 million in false and fraudulent claims to Medicaid. Blackman, through WaveCare, fraudulently obtained $9,431,979 from Medicaid.

According to the plea documents, Blackman used the fraudulent proceeds to obtain properties, including three in Florida and four in Maryland, as well as a Mercedes Benz.

Blackman was charged in a criminal information filed on June 26. The charges were filed as part of the nation’s largest ever health care fraud enforcement action. On June 28, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced results of the nationwide effort. The various enforcement actions involved 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.

This case is being investigated by the FBI’s Washington Field Office, HHS-OIG and the Medicaid Fraud Control Unit of the District of Columbia Office of the Inspector General. Assistance has been provided by the U.S. Marshals Service.

The case is being prosecuted by Trial Attorney Amy Markopoulos of the Criminal Division’s Fraud Section, Assistant U.S. Attorney Emily A. Miller and Special Assistant U.S. Attorney Parker Tobin of the U.S. Attorney’s Office for the District of Columbia.

Assistance with forfeiture issues was provided by Assistant U.S. Attorney Kyle Bateman, and former Special Assistant U.S. Attorneys Marina Stevenson and Sean Welsh. Assistance also has been provided by Assistant U.S. Attorney Denise A. Simmonds, Paralegal Specialists Aisha Keys and Robert Fishman, and Victim/Witness Services Coordinator Tonya Jones. Former Assistant U.S. Attorneys Teresa A. Howie, Lionel André, and Angela Saffoe also assisted with the investigation of the case. 

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Case Number: 1:18-cr-00200-TFH

Judge: Thomas F. Hogan

Court: United States District Court for the District of Columbia

Plaintiff's Attorney: Kyle Bateman, Marisna Stevenson, Sean Welsh

Defendant's Attorney: Danny Onorato, David Schertler and Jimmy Robinson

Description: Washington, DC - Owner of Durable Medical Equipment Company Pleads Guilty to Defrauding Medicaid of More Than $9 Million - Defendant Used Money to Buy Real Estate, Luxury Car

The owner of a company that provided durable medical equipment pleaded guilty on July 25, 2018 to a federal charge of health care fraud for carrying out a scheme in which she fraudulently obtained more than $9.4 million in District of Columbia Medicaid payments.

Waveney Blackman, 72, of Bowie, Maryland, pleaded guilty in the U.S. District Court for the District of Columbia. Her sentencing is scheduled on Oct. 18 before the Honorable Thomas F. Hogan.

Blackman was the sole owner and chief executive officer of WaveCare Health Services LLC, also known as WaveCare Healthcare Services LLC. The company, based in the District of Columbia, was a provider of durable medical equipment, including wound care and incontinence supplies, to Medicaid beneficiaries and others. It became a Medicaid provider in 2008.

According to the plea documents, Blackman devised and executed a scheme to submit false and fraudulent claims to Medicaid for durable medical equipment, including incontinence and wound care supplies, which she knew were not purchased or provided to Medicaid beneficiaries. From January 2010 through approximately June 2016, Blackman sent and caused employees to send false and fraudulent invoices to a biller engaged by the company, which were then submitted to Medicaid. All told, she submitted and caused the submission of at least $9.8 million in false and fraudulent claims to Medicaid. Blackman, through WaveCare, fraudulently obtained $9,431,979 from Medicaid.

According to the plea documents, Blackman used the fraudulent proceeds to obtain properties, including three in Florida and four in Maryland, as well as a Mercedes Benz.

Blackman was charged in a criminal information filed on June 26. The charges were filed as part of the nation’s largest ever health care fraud enforcement action. On June 28, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced results of the nationwide effort. The various enforcement actions involved 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.

This case is being investigated by the FBI’s Washington Field Office, HHS-OIG and the Medicaid Fraud Control Unit of the District of Columbia Office of the Inspector General. Assistance has been provided by the U.S. Marshals Service.

The case is being prosecuted by Trial Attorney Amy Markopoulos of the Criminal Division’s Fraud Section, Assistant U.S. Attorney Emily A. Miller and Special Assistant U.S. Attorney Parker Tobin of the U.S. Attorney’s Office for the District of Columbia.

Assistance with forfeiture issues was provided by Assistant U.S. Attorney Kyle Bateman, and former Special Assistant U.S. Attorneys Marina Stevenson and Sean Welsh. Assistance also has been provided by Assistant U.S. Attorney Denise A. Simmonds, Paralegal Specialists Aisha Keys and Robert Fishman, and Victim/Witness Services Coordinator Tonya Jones. Former Assistant U.S. Attorneys Teresa A. Howie, Lionel André, and Angela Saffoe also assisted with the investigation of the case.

Outcome: Guilty

Plaintiff's Experts:

Defendant's Experts:

Comments:  

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Waveney Blackman is 71 years old and was born on 4/14/1947. Currently, she lives in Bowie, MD; and previously lived in Riverview, FL, Valrico, FL and Lanham, MD. Sometimes Waveney goes by various nicknames including waveney w bleackman, daveney w blackmna, daveney w blackman, waveney a blackman, waverly blackman, wveney willis, wavney blackman, waveney w blackman, waveney a wills, waveney a willis, waveney wills blackman, waveney b blackman and waveney blacknan. Her ethnicity is African American, and religious views are listed as Christian. Waveney is now married. Other family members and associates include gillian blackmen, charlene wills and david blackman. She has a reported annual income of $200,000 - $249,999 and a current net worth value of $250,000 - $499,999.

3M Company Agrees to Pay $9.1 Million to Resolve Allegations That it Supplied the United States With Defective Dual-Ended Combat Arms Earplugs

FOR IMMEDIATE RELEASE
Thursday, July 26, 2018
3M Company Agrees to Pay $9.1 Million to Resolve Allegations That it Supplied the United States With Defective Dual-Ended Combat Arms Earplugs


The Department of Justice announced today that 3M Company (3M), headquartered in St. Paul, Minnesota, has agreed to pay $9.1 million to resolve allegations that it knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the United States military without disclosing defects that hampered the effectiveness of the hearing protection device.

“The Department of Justice is committed to protecting the men and women serving in the United States military from defective products and fraudulent conduct,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division. “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”

“Through rigorous enforcement of the False Claims Act, we protect taxpayer dollars from waste, fraud, and abuse,” said U. S. Attorney Sherri Lydon for the District of South Carolina. “And in this case in particular, we are proud to defend the integrity of our military programs and ensure that our men and women in uniform are adequately protected as they serve our country.”

"Today's settlement will ensure that those who do business with the government know that their actions will not go unnoticed," said Frank Robey, director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. "Properly made safety equipment, for use by our Soldiers, is vital to our military's readiness. Our agents will respond robustly to protect the safety of our military."

“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to hold companies accountable for supplying substandard products, in particular products that could directly impact our service members’ health and welfare. DCIS protects the integrity of Defense Department programs by rooting out fraud, waste, and abuse that negatively affect the wellbeing of our troops,” said Special Agent in Charge Robert E. Craig, Jr., DCIS Mid-Atlantic Field Office.

The settlement announced today resolves allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for proper insertion into users’ ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military.

The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. The act permits private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to share in any recovery. As part of today’s resolution, the whistleblower will receive $1,911,000.

The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the United States Attorney’s Office for the District of South Carolina, the Army Criminal Investigation Command, and the Defense Criminal Investigative Service.

The case is captioned United States ex rel. Moldex-Metric v. 3M Company, Case No. 3:16-cv-1533-MBS (D.S.C.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Roofing contractor Jason "Cakes" Evans was electrocuted to death after his telescopic man-lift touched a high-tension power line at the East Coast Logistics & Distribution Inc. warehouse in the Crestwood Industrial Park in Pennsylvania

"Cakes" was baked to death after he was electrocuted on the job















WRIGHT TWP. — A construction worker was killed when the lift he was operating touched a power line Friday morning in the Crestwood Industrial Park.

Jason Evans, 43, of Clarks Summit, died from an apparent electrocution, said Luzerne County Coroner Bill Lisman. An autopsy will be conducted at a yet-to-be-determined date, Lisman said.

Evans was pronounced dead at Geisinger Wyoming Valley Medical Center in Plains Township where he was taken from the scene by Mountain Top EMS.

The accident occurred while Evans, an employee of a roofing contractor, was on a job at the East Coast Logistics & Distribution Inc. warehouse along Oak Hill Road.

Wright Township police said emergency responders answered a 911 call at 9:51 a.m. for a man who had been electrocuted. Police said the man, later identified as Evans, was placing material onto the roof from the ground when the lift’s boom came into contact with a high-tension power line. The lift caught fire, Evans was electrocuted and fell to the ground, police said.

Evans was immediately attended to, authorities said, but firefighters could not extinguish the flames due to the active power lines and contacted PPL for assistance.

From the nearby I2M property, smoke could be seen rising from the burning vehicle, with its boom still extended and touching the line.

James Webb said he was driving around the rear of the I2M warehouse around 9:50 a.m. after being asked to come up from the company’s other nearby facility and heard someone yelling, “Get out. Stop the forklift.”

Webb, 33, of North Carolina, said he next heard an explosion.

“That’s when I ran over there,” Webb said.

A worker on the roof of the other warehouse yelled, “go and get a fire extinguisher” and Webb said he ran into the I2M building to get one. He returned with it and gave it to the man who had come down from the roof to the burning vehicle, Webb said. The lift’s operator was on the ground and CPR was being performed on him, Webb said.

Two brothers who work in the I2M building and are volunteer firefighters heard the 911 call and ran over to assist.

The federal Occupational Safety and Health Administration was on scene and investigating, police said.

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Telehandler fatality

July 20, 2018 A man was electrocuted on Friday when the boom of his telehandler came into contact with an overhead power line in Mountaintop, near Wilkes-Barre, north east Pennsylvania.



The boom was fully extended without a load when it touched the power lines
Jason Evans, 43, was employed by a roofing contractor and was operating a telehandler with a fully extended boom, but no load on the forks when he came too close to the high tension power lines that cross the facility of East Coast Logistics & Distribution. He was declared dead at a nearby medical facility. Although initial police reports stated that he was placing roofing material onto the roof of a building.



The incident occurred at a logistics/distribution warehouse


The telehandler caught fire, while Evans was thrown from his cab and by the force of the electrical jolt. The machine continued to burn for some time. The federal Occupational Safety and Health Administration is investigating the incident.


The machine completely burnt out



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Jason "Cakes" Evans Obituary
Jason “Cakes” Evans, Clarks Summit, died at work Friday because of a work related accident in Luzerne County.


Born in Scranton, he was the son of James and Barbara Tench Evans, Clarks Summit. He was a 1993 graduate of Abington Heights High School, attended Kutztown University, then graduated from Penn State University. He was self-employed and worked alongside his brother as the co-owner of Evans Roofing. He was a member of Our Lady of the Snows Church.


Since Cakes was small, he was known for his love of wrestling. He excelled at Abington Heights and Kutztown University, then coached for many years. Most recently, he enjoyed training and coaching his best buddy and nephew, Luke.


Cakes was a happy man who would always share a smile. His laugh was infectious and will be remembered by everyone who was blessed to hear it. He would help anyone in need, always giving with his giant heart. Cakes was the type of guy you were proud to call your family or friend.


Also surviving are two brothers, James “Ace” Evans III, New Jersey, and Jon “Hoss” Evans and his wife, Jodi, Clarks Summit; nephew, Luke Evans, Clarks Summit; companion, Kelly Mattern, Clarks Summit, her daughters, Kalina and Kyla Mattern, Clarks Summit; uncles, Geoff, Guy and Greg Tench; aunts, Patti Tench and Betsy Bonini.

He was also preceded in death by his two uncles, Donald and Ronald Evans.

Judge has ordered Design Plastering West LLC to pay criminal and civil penalties for criminal violations of OSHA standards after employee Jorge Carrion Torres, 44, suffered a fatal fall at an apartment complex in Dallas.

July 25, 2018

Court Orders Contractor to Pay $250,000 for Safety Violations
Following Fatal Fall at Dallas Apartment Complex

DALLAS, TX – 

U.S. District Court Judge Ed Kinkeade has ordered Design Plastering West LLC to pay criminal and civil penalties for criminal violations of occupational safety and health standards after an employee suffered a fatal fall at an apartment complex in Dallas. The court ordered the company to pay a $150,000 criminal fine, $100,000 civil penalty, admit to eight willful violations, and to undergo monitoring by the Occupational Safety and Health Administration (OSHA) for four years.

On May 14, 2015, a worker fell from a third floor balcony while applying stucco without fall protection. OSHA cited the company for willfully failing to install scaffolding and provide workers with personal fall protection. In May 2018, Design Plastering West LLC pleaded guilty to the willful citation on fall protection.

“This company failed to comply with well-known safety requirements,” said OSHA’s Dallas Region Acting Regional Administrator Eric Harbin. “This sentence should serve as a reminder that employers can be held criminally responsible for failing to protect their workers’ safety.”

The criminal prosecution and sentencing in this case was the result of a collaboration between OSHA, the U.S. Department of Labor’s Office of the Solicitor, and the U.S. Attorney’s Office for the Northern District of Texas.

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 help 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.

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

November 2015

Unguarded balcony, lack of fall protection cause death
of Dallas construction worker, OSHA finds
Design Plastering Inc., Design Plastering West LLC cited for multiple violations    DALLAS, TEXAS – A fall from a third-story balcony killed 44-year-old Jorge Carrion Torres as he worked on the exterior of an apartment complex on May 14, 2015. Torres, who had been on the job for one month, was applying stucco underlayment to the balcony walls when the incident occurred. His employer had not installed scaffolding and had not provided Torres or his co-workers with personal fall protection.

The U.S. Department of Labor’s Occupational Safety and Health Administration cited his employers, Design Plastering Inc. and Design Plastering West LLC, of Phoenix, on Nov. 10 for eight egregious willful and four serious violations. Previously, the state OSHA in Arizona had cited Design Plastering seven times for allowing fall-related hazards.
Federal safety and health officials have proposed fines totaling $407,400 for the citations*.

When an employer fails to put up a guardrail or scaffolding, or doesn’t provide personal fall-arrest systems, anyone working at a height of six feet or more is defenseless against a fall. OSHA will not tolerate this kind of employer behavior,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

“This senseless loss of a man’s life is the result of this employer’s failure to comply with clear OSHA safety requirements despite the fact that it had been previously cited for the same violations,” Michaels added. “Design Plastering has been cited for $5,850 in the past for fall hazard related violations. Clearly, these penalties were not sufficient to deter this employer’s unlawful actions.”

The Bureau of Labor Statistics* reports that one in five private industry worker deaths in 2014 were in construction. Falls are the leading cause of death for construction workers, accounting for nearly 40 percent of 2014’s construction fatalities. Texas leads the nation in construction fatalities. This is the second egregious case involving fall protection there in recent months. Earlier this year, a construction worker in Houston denied a safety harness suffered severe injuries after falling through a roof.

Based in Phoenix, plaster and stucco contractors Design Plastering and Design Plastering West employ about 90 workers. They have 15 business days from receipt of the 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.

At the time of the fatal incident, Argonaut Insurance Co. was the workers’ compensation carrier for the employer.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Dallas Area Office at 972-952-1330.

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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Subcontractor Sentenced for Violating an OSHA Regulation Causing Death to an Employee

         DALLAS —Design Plastering West LLC, a New Mexico domestic limited liability company (LLC), was sentenced today before United States District Judge Ed Kinkeade of an Occupational Safety and Health Act (OSHA) violation causing death to an employee, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.  As a part of Design Plastering West LLC’s sentencing, the company was ordered to pay a $150,000 criminal fine and $100,000 civil penalty, admit to eight willful violations of OSHA regulations, and be monitored for four years by an OSHA compliance expert.
            
          According to court documents filed, on May 24, 2018, Design Plastering West LLC pled guilty to a one-count information. 

          Design Plastering West LLC, a subcontractor, contracted to complete work at the Maple District Loft, a project in Dallas, Texas.  Design Plastering West LLC employed Jorge Carrion Torres to complete stuccowork.  On May 14, 2015, Mr. Torres died when he fell approximately 23 feet from the third floor balcony of that project.  Design Plastering West LLC admitted the third floor balcony where Mr. Torres was working did not have the proper fall protections, such as guardrail systems, safety net systems, or personal fall arrest systems.  Design Plastering West LLC admitted to failing to provide fall protection and that such failure caused the death of Mr. Torres.
          
            The investigation was conducted by Department of Labor, Occupational Safety and Health Administration.  Assistant U.S. Attorney Kate Rumsey is in charge of the prosecution and was assisted by attorneys from the Department of Labor, Office of the Solicitor.