OSHA has cited Gavilon Grain LLC – operator of a grain bin based in Wichita, Kansas – after two workers were fatally engulfed under 25 feet of grain in a soybean storage bin. The company faces proposed penalties of $507,374, and OSHA has placed Gavilon Grain LLC in the Agency’s Severe Violator Enforcement Program

July 30, 2018

U.S. Department of Labor Cites Kansas Grain Bin Operator

WICHITA, KS – 

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Gavilon Grain LLC – operator of a grain bin based in Wichita, Kansas – after two workers were fatally engulfed in a soybean storage bin. The company faces proposed penalties of $507,374, and OSHA has placed Gavilon Grain LLC in the Agency’s Severe Violator Enforcement Program.

OSHA cited Gavilon Grain LLC for failing to provide employees with lifelines and fall protection; lockout equipment; provide rescue equipment; and allowing employees to enter a bin in which bridged and/or hung-up grain was present.

“Moving grain acts like quick sand, and can bury a worker in seconds,” said OSHA Regional Administrator Kimberly Stille. “This tragedy could have been prevented if the employer had provided workers with proper safety equipment, and followed required safety procedures to protect workers from grain bin hazards.”

The company has contested the citations and will appear 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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Two killed in grain elevator accident were employed by Gavilon Grain


By Kaitlyn Alanis

Updated January 03, 2018 05:53 PM




The two men killed after they were buried under 20 to 25 feet of grain in a grain elevator were both employed by Gavilon Grain, the company confirmed in a written statement.

Gavilon Grain said it was an unfortunate accident that led to the fatality of two of their workers.

The fatal incident was reported just before 2:30 p.m. on Tuesday.

The men were recovered about three hours later from the lower-middle of a 120- to 140-foot-tall concrete grain elevator at Gavilon Grain’s facility in Wichita.
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Immediate family members of both workers have been notified, but the identities of the men have not been made public.

“Our immediate concern is on caring for the families of the workers, conducting our internal investigation and cooperating with the appropriate authorities in their investigation of the incident,” the statement said.

The Occupational Safety and Health Administration is investigating.

OSHA warns that moving grain acts like quicksand and can engulf a person in 22 seconds. Because of the danger, OSHA requires that workers who enter a grain bin wear a body harness with a lifeline.

Gavilon is headquartered in Omaha and provides storage and handling for both customers and suppliers worldwide. The company employs about 1,900 people at nearly 300 locations.

The site of the incident, near 55th South and Hoover Road, is formerly known as DeBruce Grain.

DeBruce Grain merged with Gavilon Grain in 2010. The DeBruce Grain elevator exploded in 1998, killing seven employees and injuring 10.

Since then, most of the grain workers who have died in the United States were killed in single-fatality accidents.

In 2016, the most recent set of data available, there were 29 documented grain-entrapment cases – 11 of which were fatal – according to a study by Purdue University. Each case represents an individual.

The majority of grain entrapment cases occurred in the Midwest, according to the report

Read more here: https://www.kansas.com/news/local/article192704419.html#storylink=cpy

 

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Our story continues

Gavilon's history dates back to 1874 when Peavey Company built its first grain facility in Sioux City, Iowa. Plenty has changed since then. Industries have transformed. Business is transacted across the globe. But one thing hasn’t changed: the hardworking spirit that has permeated our company for nearly 140 years.

1874:	F.H. Peavey & Company is founded in Sioux City, Iowa.
1962:	The company's name is changed to Peavey Company.
1973:	The company goes public.
1982:	Peavey Company is acquired by ConAgra Foods, Inc., making Peavey the largest publicly held grain merchandiser. The company later becomes part of ConAgra Trade Group.
2008:	A group of investors forms Gavilon and acquires ConAgra Trade Group. The acquisition enables the privately held company to focus on its commodity business.
2010:	Gavilon acquires DeBruce Companies, significantly expanding its agricultural operations.
2013:	Marubeni Corporation acquires Gavilon's agriculture business.

The California Labor Commissioner’s Office issued more than $1.2 million in wage theft citations to Young’s Nail Spa, a Temecula nail salon, for misclassifying and failing to properly pay 36 workers

Labor Commissioner Cites Nail Salon $1.2 Million for Misclassification and Wage Theft of 36 Workers

Oakland—The Labor Commissioner’s Office issued more than $1.2 million in wage theft citations to a Temecula nail salon for misclassifying and failing to properly pay 36 workers. An investigation found that the workers at Young’s Nail Spa were not paid an hourly rate and not paid overtime despite working up to 50 hours a week.

“Using misclassification as a business model not only denies workers of their rightful pay, but also gives the employer an unfair advantage over law-abiding businesses,” said Labor Commissioner Julie A. Su. “California law is clear that if employers pay less than the minimum wage, when they are caught they will be responsible for paying not just the wages owed, but an equivalent amount in liquidated damages plus interest.”

The Labor Commissioner’s Office launched its investigation when the Labor and Workforce Development Agency referred the case following notification of a complaint filed through the Private Attorneys General Act. Investigators audited the business records over a 40-month period and determined that 36 workers employed at the salon were paid for each salon service performed instead of the total hours worked. Shifts averaged 9.5 to 10 hours per day but workers were not properly paid for overtime, nor provided proper meal and rest breaks. Young’s Nail Spa also failed to carry valid workers’ compensation insurance coverage during the last three years.

The $1,242,227 citation amount includes $670,040 payable to workers and $572,187 in civil penalties. Of the total due to workers, $126,702 is for minimum wage violations plus $17,375 in interest, $144,076 for liquidated damages, $118,825 for failure to pay overtime, $92,492 for not providing final paychecks as required by law, $87,155 for improperly paid rest periods, $65,312 for not providing proper itemized wage statements, and $18,103 for meal period violations.

The civil penalties include $207,887 for failure to maintain valid workers’ compensation insurance, $160,000 for misclassifying workers as independent contractors, $104,000 for not providing proper wage statements and $100,300 for penalties associated with the wage violations.

Enforcement investigations typically include a payroll audit of the previous three years to determine minimum wage, overtime and other labor law violations, and any payments owed and penalties due are calculated. Civil penalties collected are transferred to the State’s General Fund as required by law.

Required workplace postings on wages, hours and working conditions must be posted an area frequented by employees where it may be easily read during the workday. Nail salons have a specific posting required for all Barbering and Cosmetology Licensees.

Worker misclassification is the practice of knowingly misclassifying an employee as an independent contractor. It deprives employees of minimum wage and overtime protections, as well as workers’ compensation coverage if injured on the job, and creates an unfair playing field for responsible employers who honor their lawful obligations to their employees. The Labor Commissioner’s Office enforces laws prohibiting the willful misclassification of workers.

When workers are paid less than minimum wage, they are entitled to liquidated damages  that equal the amount of underpaid wages plus interest. If a worker quits, final wages are due within 72 hours of the notice. Waiting time penalties are imposed when the employer intentionally fails to pay all wages due to the employee at the time of separation. This penalty is calculated by taking the employee’s daily rate of pay and multiplying it by the number of days the employee was not paid, up to a maximum of 30 days.

The Division of Labor Standards Enforcement, or the Labor Commissioner’s Office, is the division within the Department of Industrial Relations (DIR) with wide-ranging enforcement responsibilities including adjudicating wage claims, inspecting workplaces for wage and hour violations, investigating retaliation complaints and educating the public on labor laws.

In 2014, Labor Commissioner Su launched the Wage Theft is a Crime multilingual public awareness campaign. The campaign defines wage theft and informs workers of their rights and the resources available to them to recover unpaid wages or report other labor law violations.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734).

SPEED KILLS: Speed boater dies after his boat flipped and ejected him in McIntosh Run at an event sponsored by the Southern Maryland Boat Club in Leonardtown, Maryland.

Leonardtown, Maryland — 

A 58-year-old St. Mary’s County man is dead after his boat flipped and ejected him.

The incident happened Sunday at a boat racing event at McIntosh Run, a creek that eventually runs into the Potomac River in Leonardtown, Maryland.

The Maryland Department of Natural Resources initially tweeted that the event was sanctioned by the Coast Guard, but that was later clarified to be a miscommunication.



Natural Resources Police say the man’s boat was going 80 mph when it flipped. The man was participating in an event sponsored by the Southern Maryland Boat Club.

The boat club holds power boat racing events around the Potomac. According to the club’s website, this weekend was the 2018 Leonardtown Summer Regatta. The three day festival featured several power boat racing events over the course of the weekend.

The accident remains under investigation by Maryland Natural Resources Police.






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2018 Leonardtown Summer Regatta *

Historic Leonardtown Wharf in Leonardtown, MD

Sunday, July 29, 2018:



8:00 AM - 8:15 AM Opening Ceremonies

8:15 AM - 8:30 AM Mandatory driver/crew meeting at the Race Director's Stand

8:30 AM - 9:00 AM E and G Classes

9:00 AM - 9:30 AM VP Class

9:30 AM - 10:00 AM J Class

​ 10:00 AM - 10:30 AM Small Engine Tunnels

10:30 AM - 11:00 AM Formula 1 Tunnels

11:00 AM - 11:30 AM T Class Switzer Wings

Noon - 1:00 PM Lunch

1:00 PM - 1:30 PM E and G Classes

1:30 PM - 2:00 PM VP Class

2:00 PM - 2:30 PM J Class

2:30 PM - 3:00 PM Small Engine Tunnels

3:00 PM - 3:30 PM Formula 1 Tunnels
3:30 PM - 4:00 PM T Class Switzer Wings8:00 AM – 8:15 AMOpening Ceremonies

A Pawleys Island home caught fire Monday morning after being struck by lightning in South Carolina

Lightning strike causes house fire in Pawleys Island 

Monday, July 30th 2018
By Nick Doria, Producer

PAWLEYS ISLAND, SC (WMBF) – 

A Pawleys Island home caught fire Monday morning after being struck by lightning, according to Chief Doug Eggiman with Midway Fire Rescue.

Crews responding to the incident at 1344 Parker Drive found smoke in the first and second floor of the home, as well as heavy smoke and fire in the attic. As of about 8:30 a.m., the fire is out. No one was injured.

Murrells-Inlet Garden City Fire Rescue and the Georgetown Fire Department provided mutual aid.

Former corrupt judge Margaret McVeigh steals property valued at $475,000 for $20,000 in undue taxes in Wayne Township, New Jersey. She was forced to resign in 2016 after complaints regarding her criminal acts

Former corrupt judge Margaret McVeigh steals property valued at $475,000 for $20,000 in undue taxes in Wayne Township, New Jersey.  She was forced to resign in 2016 after complaints regarding her criminal acts

JUDICIAL CORRUPTION AND ABUSE OF LAWS IN NEW JERSEY

I have been reading your stories regarding local courts that must stop shaking N.J. residents down for cash.

I must inform you that these practices are not limited to the municipal courts.  They are widespread in the superior courts, the Chancery (or general equity) divisions that handle tax sale foreclosures.  They threaten people with forfeiting their homes and with eviction if they fail to pay taxes that may not even owe.

In my case, they stole my homestead property and place of business that was valued at $475,000 for a property tax of $20,000.  The property was over-assessed by more than 40 percent in violation of N.J.S.A. 54:4-23 and the Uniformity Clause of the NJ Constitution (Article VIII, Section 1, paragraph 1(a)), and they knew it, but they confiscated my home, anyway.  Tragic, tragic, situation.  

The corrupt former Chancery judge Margaret McVeigh never issued an application of the law to the facts in violation of court Rule 1:7-4(a).  Furthermore, court rule R. 4:64-6 states that in foreclosure of tax sale certificates, if the defendant's answer sets up the defense of the invalidity of the tax or other lien, or the invalidity of the proceedings to sell, or the invalidity of the sale, those questions shall be tried in the action.  However, here there is neither fact finding nor a trial on any of the issues raised by Dr. Stephanatos.  The corrupt former Chancery judge Margaret McVeigh failed to consider the equities that were in favor of Dr. Stephanatos or that a windfall will result. See M&D Assocs. v. Mandara, 366 N.J. Super. 341 (App. Div.) certif. denied, 180 N.J. 151 (2004) for its rationale that chancery courts "in such foreclosure cases should be alerted . . . that a significant windfall might result if adequate scrutiny . . . is not undertaken[,] In view of our decision, the operation of the tax sale law requires that the entire judgment must be vacated as void based upon equitable considerations.”

 

Dr. Stephanatos was also targeted by the government due to the filing of several lawsuits, both federal and state; he was penalized by the judges for that.  What the government did was unlawful, unfair and unreasonable.

The Passaic County sheriff then filed criminal charges against me for refusing to leave my home and they claimed they were assaulted.  The criminal case is pending for 7 years and 1 month now.  It has not gone to trial because of the massive corruption in the judicial system and because the sheriff employees (Ronald A. Lucas and Vincent D'Agostino) committed perjury, i.e. they lied that they were assaulted.  Although an assault case must be brought to trial within 1 to 2 years, it has been more than 7 years now.  A defendant has a fundamental constitutional right to a speedy trial.  U.S. Const., amend.VI; N.J. Const. Art. I, ¶ 10.  But the state judiciary violated that right.

They also violated my constitutional rights guaranteed by the Fifth Amendment and Article I, par. 20 of the state constitution that prohibit private takings;  no state court had jurisdiction or authority to take a $475,000 homestead property belonging in full to Dr. Stephanatos and deliver it to a third party (American Tax Funding, LLC).  But these corrupt judges did it anyway.


What has really shocked our conscience is that ATF, LLC/Wayne Township knowingly charged unlawful and/excessive taxes in violation of the Uniformity Clause (Article VIII, Section 1, paragraph 1(a)).  They also charged him 18 percent interest and 6 percent penalties on top of these excessive and illegal taxes.  Thus, a tax dispute of less than $20K (the overassessment amount) became $60K.  We found that Dr. Stephanatos offered to pay the $20K overassessment amount, but refused to pay the $60K amount.  Then the antitrust conspirators (See the U.S. District Court in Newark Antitrust Litigation that found that ATF, LLC conspired to defraud homeowners of their properties and money) confiscated his residential real estate property, along with his business, Metropolitan Environmental Services.

PRIVATE TAKINGS ARE PROHIBITED BY BOTH FEDERAL AND STATE CONSTITUTIONS; AS A RESULT, THE CHANCERY COURT EXCEEDED ITS CONSTITUTIONAL AUTHORITY AND ITS JUDGMENT WAS VOID AB INITIO

 

We provide the following two precedential New Jersey cases where the courts have ruled that an act of the legislature cannot confer any right upon an individual to deprive persons of the ordinary enjoyment of their property without just compensation.  Here are the two seminal cases:

An act of the legislature cannot confer any right upon an individual to deprive persons of the ordinary enjoyment of their property without just compensation. Oechsle v. Ruhl, 140 N.J. Eq. 355, 54 A.2d 462 (Ch.1947). Constitutional Law.

An act of the legislature cannot confer upon individuals or private corporations, acting primarily for their own profit, although for public benefit as well, any right to deprive persons of the ordinary enjoyment of their property, except upon condition that just compensation be first made to the owners. Pennsylvania R. Co. v. Angel, 41 N.J. Eq. 316, 7 A. 432, 56 Am.Rep. 1 (1886).

See also the following federal law, prohibiting private takings:

The Public Use Clause provides that “one person's property may not be taken for the benefit of another private person without a justifying public purpose, even though compensation is paid.” Hawaii Hous. Auth. v. Midkiff, 467 U.S. 229, 241 (1984) (quoting Thompson v. Consol. Gas Corp., 300 U.S. 55, 80 (1937). Because a private taking cannot be constitutional even if compensated, “[a] plaintiff that proves that a government entity has taken its property for a private, not a public, use is entitled to an injunction against the unconstitutional taking, not simply compensation.” Carole Media LLC v. N.J. Transit Corp., 550 F.3d 302, 308 (3d Cir. 2008).

 

UNREASONABLE SEIZURES ARE PROHIBITED BY ARTICLE I, PAR. 7 OF THE NEW JERSEY CONSTITUTION

They also violated the Fourth Amendment right to be free from unreasonable searches and seizures (see also Article I, Paragraph 7 of the New Jersey Constitution).  They seized and confiscated a residential property valued at $475,000 (plus his business as well) for a small amount of disputed taxes.  These are truly criminal acts.

If you can listen and publish my story, you will be shocked of what these judges have been doing to shake people up for money.  They essentially blackmailing them: you either pay, or you lose your home;  you either pay or we put you to jail; you either pay or we take your license away,  and so on.

Here is a link, if you want to learn more about this case.   You will be really-really-really shocked regarding what they have done to me.

http://metroforensics.blogspot.com/2018/07/the-dishonesty-of-new-jersey-judges.html

See also the corruption tip regarding Ronald Lucas who defrauded the police and firemen fund by claiming on the job disability.

http://metroforensics.blogspot.com/2018/06/corruption-tip-passaic-county-sheriffs.html

 
We have evidence that Dr. Stephanatos was targeted by the government employees because he had filed lawsuits asking for equal protection regarding his excessive property taxes.  That is why they violated the constitution and confiscated his property for taxes that he did not even owe.  These are absolutely unethical and even criminal acts. 

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Report: Local courts reap $400M in fines, fees in 2017




By By MIKE CATALINI

Associated Press
July 17, 2018


New Jersey's municipal courts made $400 million in fines and fees in 2017, sometimes imposing "never-ending" and "overwhelming" financial obligations on people, a Supreme Court report said Tuesday.


The Supreme Court Committee on Municipal Court Operations, Fines and Fees unveiled the report including a list of 49 recommendations for changes to the state's municipal courts, which frequently serve as the judiciary's face in communities across the state.


Among the changes recommended are mandated hearings to determine defendants' ability to pay, as well as monitoring the use of contempt of court fees that go directly into municipal coffers.

"The committee was deeply concerned about what can be a never-ending imposition of mandatory financial obligations that have little to do with the fair administration of justice," Judge Julio Mendez, who chaired the committee, said in a statement. "They can be financially overwhelming, can disproportionately impact the poor, and often become the starting point for an ongoing cycle of court involvement for individuals with limited resources."

The report also found that penalties can vary greatly from judge to judge and court to court.

The document, which follows a 2016 Asbury Park Press investigation into municipal court fees and fines, cautions against courts becoming pressured by towns' concerns for greater revenues. The newspaper found, among other things, that residents faced nearly $200 fines for failing to renew a dog license in time. The judiciary cited the newspaper report in its findings.

New Jersey Supreme Court Chief Justice Stuart Rabner commissioned the panel in 2017. He says these courts handle millions of cases a year and called on them to adhere to high standards of independence and fairness.

The report said that New Jersey's local courts compared favorably to other states' and pointed in particular to mandatory training that judges and staff are required to participate in.

But it also sketched a number of concerns, including "excessive use" of discretionary contempt assessments.


"The Committee identifies that these practices at times have more to do with generating revenue than the fair administration of justice," the report said.

New Jersey has 515 such courts. Judges are appointed for three-year terms and can be re-appointed. In most cases the appointment process is set by towns' governing bodies.

Contractor Jose Luna-Acosta, 41, died after a San Antonio, Texas home collapsed on him Friday morning as he worked underneath using jacks trying to level it

Contractor killed while working on west-side house identified
The accident happened Friday morning at a home near North Calaveras and Texas Avenue.


Author: Nia Wesley

  July 28, 2018

San Antonio, Texas — 

The man who died after a west-side home collapsed on him Friday morning as he worked underneath it has been identified.

Jose Luna-Acosta, 41, was pronounced dead Friday morning at a home near North Calaveras and Texas Avenue, not far from Woodlawn Lake Park.

Luna-Acosta was an independent contractor, according to SAFD. Investigators said he used jacks to level the home and began to work underneath it. At some point, the floor partially collapsed on him.

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



Medical examiner identifies contractor who was killed after house collapsed on him on West Side
SAFD: 'It appears they were trying to level the foundation of the home'
By David Ibanez - Web - Managing Editor, Garrett Brnger - Reporter 

July 28, 2018



SAN ANTONIO, TX - 

UPDATE: The Medical Examiner's Office identified the contractor as 41-year-old Jose Luna-Acosta.


A contractor was killed Friday morning after a house partially collapsed on him while he worked, officials said.When emergency crews arrived at the home at the intersection of North Calaveras and Texas Avenue around 9 a.m., they found the flooring had partially collapsed, trapping the contractor from the shoulders up, San Antonio Fire Department spokesman Joe Arrington said.

"It appears they were trying to level the foundation of the home (with jacks)," Arrington said.

“What collapsed is where the construction materials were being stored inside the home,” Arrington said. “That added weight on the floor and caused it to collapse. Well, that and being separated from the foundation of the home while it was being leveled.”

The homeowner said her family used the house for storage but were fixing it up.

People nearby tried unsuccessfully to free the man, and he was pronounced dead at the scene.

Firefighters used airbags to lift the debris off of his body before removing it shortly before 11 a.m.

The victim has not been officially identified, though Arrington said he was in his 20s or 30s.

One boater killed, another injured when two boats collide head-on near Edgewater, Florida on an old channel near the Intracoastal Waterway

EDGEWATER, Fla. - 

A boat crash Saturday night has left one person dead and another injured, according to officials from the Florida Fish and Wildlife Conservation Commission.

FWC spokesman Greg Workman said a man and woman were traveling north in an 18-foot boat near Edgewater on an old channel near the Intracoastal Waterway. A 20-foot-long boat containing a man, woman and boy was traveling south on the same channel.

The two boats collided head-on around 9 p.m. Workman said the man from the 18-foot boat was fatally injured by the crash, while the woman was taken to a nearby hospital.

The occupants of the other boat were not treated for injuries, according to Workman.