Cal/OSHA investigates the death of a construction worker employed by Swinerton at downtown San Jose’s Silvery Towers site

SAN JOSE, CA — 

The death of a construction company employee at downtown San Jose’s Silvery Towers site Thursday has triggered a state worker-safety probe into the development, which was already marred by allegations of underpayment of workers and project delays.

The investigation by Cal OSHA began after the discovery that a person had fallen at the Silvery Towers site, where two residential towers are being built at 188 W. St. James Street near North San Pedro Street.

The deceased individual, whose identity wasn’t immediately released, was on the payroll of Swinerton, a consultant on the construction project, which is being developed by China-based Full Power Properties, whose local offices are in Foster City.

“At approximately 6:00 am (Thursday) morning a fall occurred at a new residential tower construction project currently underway in San Jose’s downtown district,” according to Swinerton. “The incident resulted in the death of a Swinerton employee who had previously been a part of the team assisting the owner with consulting services.”

Swinerton notified the state’s Division of Occupational Safety and Health, or Cal OSHA, about the incident.

“Cal OSHA was notified at 10 a.m. of the fatality at Silvery Towers,” said Luke Brown, a spokesman for the state agency. “Cal OSHA is now investigating the incident.”

The state agency typically requires four to six months to complete such investigations.

Medical crews attempted to revive the victim, but were not successful, according to Swinerton.

“Safety is our number one priority; when something like this happens, we want to know why,” Swinerton stated.

Full Power and Swinerton are working with the project’s contractor, Foster City-based FPC Builders, and state investigators to help determine a cause.

“Initial findings indicate this death was not related to construction activities,” Swinerton said. “We are actively working with Cal OSHA and local authorities investigating the incident and cooperating fully to meet their requests for information.”

The Santa Clara County Coroner’s Office confirmed it was reviewing the situation, but said no information was being released as of late Thursday regarding the death.

The Silvery Towers construction site was closed Thursday and was scheduled to reopen on Monday, Aug. 20.

The development had previously landed in controversy over investigations related to wages and working conditions for construction workers on the site.

Questionable wage and labor practices at Silvery Towers first surfaced in 2017 when more than a dozen immigrant workers, who authorities said were being held in captivity in a Hayward warehouse, were freed by federal Immigration and Customs Enforcement agents.

Federal prosecutors and Hayward police claimed that Job Torres Hernandez forced his workers at Silvery Towers and other construction projects around the Bay Area to work without pay. Hernandez was indicted on charges of harboring illegal immigrants for commercial advantage or private financial gain.

On July 18, the U.S. Labor Department announced that after its investigation into the pay violations, 22 workers were paid $250,000 by Foster City-based Full Power Properties, the Chinese developer of the 650-unit Silvery Towers project. The department said that when not on the job, those workers had “lived in captivity in squalid conditions in a warehouse” controlled by Job Torres, an unlicensed subcontractor doing business as Nobilis Construction.

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



Fatal Fall at Silvery Towers Prompts Cal OSHA Investigation
By Silicon Valley Newsroom

August 16, 2018


A construction company employee fell to his death Thursday at downtown San Jose’s Silvery Towers, a high-rise project already tainted by claims of wage theft and slavery.

Cal OSHA launched an investigation into the 643-unit twin-tower apartment complex at 188 W. St. James St., where work has been suspended until next week. According to the Mercury News, the decedent worked for Swinerton Builders, a consultant hired by China-based project developers Full Power Properties.

Full Power, Swinerton and the project’s contractor, FPC Builders, are working with Cal OSHA to find out what caused the man’s death. In a statement to the Merc, Swinerton officials said the death was unrelated to construction.

The Silvery Towers have grappled with delays and bad press since a federal investigation last year resulted in the arrest of a subcontractor, Nobilis Construction CEO Job Torres Hernandez, on suspicion of human trafficking. The U.S. Department of Labor then got Full Power to pay $250,000 in back wages to 22 workers.

The wage theft judgment announced last month prompted trade unions to demand that Santa Clara County adopt stricter laws to weed out unscrupulous developers. The Santa Clara and San Benito Counties Building and Trades Association held a rally last week outside the Silvery Towers site to put the pressure on county and city leaders and to rechristen the project as “Slavery Towers.”
========================








Staff Augmentation Services Underway at Silvery Towers Contributor: Swinerton Blogger | August 24, 2016 | Image Gallery »

Swinerton Builders Silicon Valley is currently providing staff augmentation services for Silvery Towers in Downtown San Jose, California. The development is a 643-unit twin condominium tower sitting on a roughly two-acre site at North San Pedro and West St. James Streets. It is conveniently located within walking distance of popular restaurants and the San Jose Business District.

The first tower will consist of 22 stories and the second tower 20 stories; the towers are being built simultaneously. Ground breaking occurred in February 2015 and the project is expected to complete in 2017. Once open, Silvery Towers will offer a sleek modern design and plenty of active amenities, including a swimming pool and fitness center. The development will also feature below-grade underground parking and more than 20,000 square feet of retail space. The development’s target population is young, urban
tech professionals.

HVAC worker Patrick L. Topper Jr., 42, died after collapsing while on the roof of Mauldin Middle School in South Carolina

Daniel J. Gross, The Greenville News 

Mauldin, SC

August 17, 2018

An HVAC worker who died after collapsing while on the roof of Mauldin Middle School Friday has been identified.

Patrick L. Topper Jr., 42, of Stone Briar Lane in Easley, was pronounced dead around 10:24 a.m. Friday. His official cause and manner of death is pending and an investigation is ongoing.

The Mauldin Fire Department was called to Mauldin Middle School on Holland Road before 10 a.m. after a person working on an HVAC system there became unconscious, Capt. Scott Gurly of the Fire Department said.

"When we got there, somebody was already doing CPR on them, one of the workers," Gurly said.

Firefighters used a ladder truck to hoist the man from the roof and bring him down to the ground.

"We did a rigging system, a hauling system to get him down with our ladder truck," Gurly said.

Deputy Coroner Kent Dill said Topper collapsed and experienced a medical event while working on an HVAC unit on the roof of the school. His injury happened around 9:30 a.m., Dill said.

Topper received about 45 minutes of advanced life support including CPR before resuscitation efforts ended, Dill said.


First responders at the Mauldin Middle School roof, where a man fell unconscious on Friday, Aug. 17, 2018. JOSH MORGAN/Staff

The middle school is located at 1190 Holland Road near East Butler Road.

Beth Brotherton, spokeswoman for Greenville County Schools, said the school was hosting sixth-grade orientation and "trying to continue through this unexpected and unfortunate event."

PERJURY CHARGES FILED AGAINST FORMER PASSAIC COUNTY SHERIFF OFFICER RONALD LUCAS: LUCAS LIED DURING HIS GRAND JURY TESTIMONY WHEN HE CLAIMED THAT HE INJURED HIS LEFT SHOULDER DURING A FALL AT A PROPERTY ON JUNE 28, 2011

PERJURY CHARGES FILED AGAINST FORMER PASSAIC COUNTY SHERIFF OFFICER RONALD LUCAS:
LUCAS LIED DURING HIS GRAND JURY TESTIMONY WHEN HE CLAIMED THAT HE INJURED HIS LEFT SHOULDER DURING A FALL AT A PROPERTY ON JUNE 28, 2011

Lying Lucas is #41

As part of an investigation we have been performing, we discovered that Ronald A. Lucas, a former Passaic County sheriff officer with the Civil Division lied about his on-the-job shoulder injury.  Lucas claimed that he fell on the job on June 28, 2011 at 687 Indian Road, Wayne, NJ and that he injured his left shoulder requiring several pins.  He then filed a disability claim with the New Jersey Division of Pensions and Benefits (Police and Firemen Retirement System).  He was granted disability for one year with subsequent review.  After he retired with claimed disability, he obtained a job as part-time security guard at the Pequannock High School.

Bombshell evidence contradicting Lying Lucas’ injury claims: We have obtained a report by Lt. Nick Mango who stated that nobody was injured at the scene.  The report by Lucas also states that he stumbled and not fell.

We discovered that Mr. Lucas suffered shoulder injuries while playing football and lifting heavy weights over his lifetime.  He was a linebacker with the Pompton Lakes Cardinals (he played at position #41), using his shoulder to hit and tackle his opponents during practice and during football games.  He also lifted very heavy weights to do body building.  Lucas has fallen on his shoulder probably thousand times during his athletic and training career.

Everybody knows that linebackers hit and tackle their opponents using their shoulders.  These athletes also lift heavy weights and they end-up injuries their shoulders.   He (Lucas) even made the All County Team in 1980, showing how hard he was working out.  Based on our investigation, we found that weight lifting athletes do suffer shoulder injuries of the type claimed by Lucas.

He also trained his two sons (Dean Lucas and Ronnie Lucas) into playing TE and DE positions also with the Cardinals football team.  In fact, linebackers suffer at least 13.5 percent of all football injuries and at least 65 percent of the linebackers end up undergoing surgery.

Lt. Nick Mango wrote in his June 28, 2011 report that “nobody was hurt”.  Also, Lucas never wrote in his June 28, 2018 report that he was injured.  He specifically wrote:  “As I entered the woods I stumbled”.  He never wrote that he was injured.  However, during this grand jury testimony, he provided a diametrically different picture:

Lucas claimed that he fell on his elbow and shoulder, but was able to regain his balance, and he ran into a wooded area to seek cover behind a large boulder.   Lucas claimed that he tore his biceps and had surgery on his shoulder, and “ended up having a pretty severe injury” in his shoulder, requiring “five pins.”  Of course we now know that this guy was a football player and body builder and suffered these injuries over his many years of lifting heavy weights and hitting his opponents with his shoulder (he was a linebacker with the Pompton Lakes Cardinals at #41).  This guy then defrauded the Police and Firemen Retirement Fund by claiming disability and started the double dipping.

So, from flip-flopping regarding the color of the gun; to whether the door was closed or open; to whether he knocked the door or not; to whether he suffered a major injury or not, Lying Lucas has some serious credibility issues; and all his lies were allowed to poison the grand jury deliberations.

We have obtained photos showing Mr. Lucas lifting weights, after his alleged job-ending disability.  See for example the attached image that is dated December 2013.

It is obvious to a reasonable and objective person that Lucas (in his mid-50s) took this incident on June 28, 2011 to claim on-the job-injury to be able to repair his previously injured shoulder at taxpayers’ expense and to retire and then blame Basilis Stephanatos for his injuries.  After he retired, he started the double dipping.  The finest of New Jersey at "work".

THE CORRUPT NEW JERSEY JUDGES: Former corrupt judge Margaret McVeigh steals property valued at $475,000 for $20,000 in undue taxes in Wayne Township, New Jersey.

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. 

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



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.

Assistant Chief Jeffrey "Stan" Newton Holden, 32, of the Orange Rural Fire Department died Monday afternoon, Aug. 13, following the rescue of a construction worker trapped in a trench on West Ten Road in Efland.

Assistant Chief Jeffrey "Stan" Newton Holden, 32, of the Orange Rural Fire Department died Monday afternoon, Aug. 13, following the rescue of a construction worker trapped in a trench on West Ten Road in Efland.


‘A firefighter’s firefighter,’ Jeff Holden leaves behind wife, infant son


By Tammy Grubb And Mark Schultz

tgrubb@heraldsun.com mschultz@heraldsun.com




August 13, 2018 11:30 PM


Hillsborough, NC



The family of firefighter Jeff “Stan” Holden, who died at the stationhouse after a rescue operation Monday, say they are “utterly devastated” by their loss.

“Jeff was a humble man, who loved his wife, son and entire family,” according to a statement released by the town Wednesday evening. “He was a good son, a good brother, a good uncle and an awesome dad with plans already for future times with his son. He was a caring and kind person and the funniest man you could ever meet.

“He cared deeply for his brothers and sisters in the fire family and in other arms of emergency service,” it continued. “The support of the community and the fire service has been phenomenal. We ask that you please keep the fire service in your prayers.”


Holden, an assistant chief with Orange Rural Fire Department, died at the main station in downtown Hillsborough after helping to rescue a construction worker trapped in a trench earlier that day.


His body was transported in a processional Wednesday afternoon to Clements Funeral and Cremation Services in Hillsborough.



Town of Hillsborough

His funeral will be held at 11 a.m. Saturday at New Horizon Church, 100 Horizon Place in Durham. Mebane and Lebanon fire departments will provide coverage while the Orange Rural Fire Department is closed Saturday during the service.

Holden was found unresponsive at the 206 S. Churton St. station at about 1:30 p.m. after going to take a shower, friends said. Neither the firefighters on shift at the time nor emergency workers could revive him.



The State Medical Examiner’s Office will rule on the cause of death.

The Orange High School graduate leaves behind his wife, Christa, and their 4-month-old son. The family lives in Hurdle Mills, north of Hillsborough. They would have celebrated Holden’s 33rd birthday on Aug. 26.



The Hillsborough Firefighters Association opened a share account for the family Tuesday at the Local Government Federal Credit Union, according to a news release. Donations to the “Scholarship Fund for Miller” account can be made at any State Employees Credit Union location.

Friends say firefighter Jeff “Stan” Holden had a passion for helping others and a smile that was contagious.

“The biggest thing he enjoyed doing was just living life,” longtime friend Billy Smith said. “There wasn’t a time that I ever saw him without a smile on his face all through the years I’ve known him. It didn’t matter how bad things were.”

Orange Rural Fire Chief Jeff Cabe called Holden’s death “devastating.”

“We sat down yesterday and tried to think about all he had done,” Cabe said. “He touched everything. We’re a small department; we depend on all our folks to do everything that needs to be done even if it doesn’t fit the job description. Jeff was one of those people. I can’t even fathom at this point what the impact is going to be on our operations.”

Deputy Chief Mac Cabe said Holden, who had been with the department since 2001, “will be forever missed.”

Troy Durham said he and Holden joined the department’s junior firefighter program in 2001 because of the 9/11 attacks. Smith signed up about a month later. Junior firefighters spend time at the station, learning about the job and helping with maintenance and cleaning.

“We were pretty tight-knit in high school,” Durham said. “We took a lot of beach trips together, did a lot of fishing together, and camping together. Through high school, it was pretty much the three of us.”

Durham took a different path after high school but stayed in touch. Holden and Smith left for Hampstead, N.C., to attend the Fire Academy at Cape Fear Community College.

Smith, who now works for the Durham Fire Department, recalled the mobile home they rented just out of high school and the “oodles of noodles for breakfast, lunch and dinner” budget that left them with a little beer money. Holden picked on him for years about the barn door he built for his bedroom, Smith said, because it didn’t have a door when they moved in.



Holden was an avid fisherman and “always goofing off or impersonating somebody or something, always joking around,” Durham said.

“At the same time, he was very serious about what he did and how he did it,” Durham said.
‘Way too young’

Holden’s family also was his passion, friends said, and he shared a close relationship with his parents, Newton and Kathy Holden, his sister April, and his wife and son. Smith said he also looked after his extended family in the fire service.

Holden was his captain for a while when he worked at Orange Rural, Smith said, and also was the department’s chief of training. He was promoted to assistant chief in 2016, the department reported, and also volunteered at another local fire department.

“It’s way too young to be gone, and there was so much more of life for him to live and teach other people,” Smith said. “The job he did as a fireman, he was one of the best ones I ever worked with. The passion he gave to it was unlike anything I’ve ever seen anybody else give to the service.”

As the Orange Rural training and safety chief, Holden hired and trained new firefighters, according to a new release, and he also served as the department’s recruiter and lead liaison for the Fire Safety and Technology Program at Orange High School.

He was certified by the Office of the State Fire Marshal to train firefighters working at every department in Orange County.

Jeff Cabe said Holden’s first 30 days in 2003 were spent answering calls for a train derailment, arson fire, commercial fire, fatal house fire, hazardous materials spill and a vehicle pin-in with multiple casualties. He helped thousands of people, Cabe said.



“He was a firefighter’s firefighter,” Cabe said. “Most of the things a firefighter would see by the end of career, he saw in his first 30 days.”
Trapped worker

One of the last people Holden helped was a construction worker who got trapped under 3 feet of dirt in an 18-foot-deep trench on West Ten Road. Holden and Battalion Chief Jonathan Capps entered the trench Monday to free the man.



Orange County records show someone at the site just west of the Mt. Willing Road intersection called 911 shortly before 11 a.m. Monday. The caller told 911 the worker was inside a trench box while the J.F. Wilkerson Construction Co. Inc. crew excavated around it.



The crew was attempting to pull the trench box — a metal structure that protects utility workers from cave-ins — ahead when “the wall in front of the box gave way and a big chunk of dirt rushed in on him,” the caller said. The dirt pinned the worker’s legs.

Firefighters from the Orange Rural, Efland and Mebane departments responded to the call. Holden and the other firefighter used ropes to free the man within 40 minutes, records show



The worker, who was checked out at Duke Hospital did not have any broken bones, said Brian Wilkerson, project manager and vice president at J.F. Wilkerson. He is recuperating at home, Wilkerson said.

Orange Rural Fire Department, which contracts with the town to provide fire, rescue and first responder services to Hillsborough and about 64 square miles in central Orange County, has personnel certified in trench rescue, according to a release.

The station’s firefighters returned to work Tuesday evening, relieving firefighters from surrounding departments who had stepped in to answer calls to Orange Rural’s three stations. Firefighters who gathered at the department to share memories and condolences Tuesday said they aren’t ready to talk about Holden yet, Orange County Fire Marshal Jason Shepherd said.

The fire department’s Facebook page shows a black band through its logo.

The Hillsborough Town Board held a moment of silence Monday night. “We are grieving with our firefighters,” the town said on its Facebook page..

Trench collapses are one of the most challenging situations that rescue workers can face, according to multiple online sources.

Twenty-three deaths from trench and excavation operations were reported in 2016, according to Roco Rescue, which provides rescue training, equipment and services.

On the Chapel Hill Police Department’s Facebook page, Police Chief Chris Blue wrote that the community had suffered a severe loss.

“We are lucky to be in a community where the brothers and sisters in blue and red always work together, and that rings even more true today,” he wrote. “We are all one family. Our thoughts and prayers go out to Chief Holden’s wife, son, and entire family.”

Orange County Commissioners Chairman Mark Dorosin also released a statement Tuesday offering the board’s “sincere condolences” to Holden’s family, friends and fellow emergency responders.

“Our firefighters and emergency responders are heroes that walk among us daily. They respond to and battle situations that few of us can imagine,” Dorosin said. “Jeff ‘Stan’ Holden was one of those heroes.”


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






Jeffrey "Stan" Newton Holden

August 26, 1985 - August 13, 2018

Rougemont

Jeffrey "Stan" Newton Holden, 32, passed away unexpectedly on Monday, August 13, 2018 while on duty at Orange Rural Fire Department.

Jeff is survived by his wife, Christa M. Holden; son, Miller Newton Jake Holden; parents, Vance Newton Holden and Kathryn Doran Holden; sister, April Washington (Garry); nieces, Ava and Lucy Washington; cousin, Meghann Schurr; and parents-in-laws, Vern Miller and Tina Jacobs Miller.

Jeff was a 2003 graduate of Orange High School in Hillsborough and a member of Little River Presbyterian Church. He was employed with the Orange Rural Fire Department as Assistant Chief of Training and Safety. He began volunteering with the fire department in 2001 and became formally employed in 2003. He was promoted to a Lieutenant Driver in 2005, Captain in 2007 and to Assistant Chief in 2016. In 2009 Jeff received the Ben Franklin award, an award given to firefighters who go above and beyond the call of duty. He received the officer of the year award in 2012 and 2014 for outstanding leadership. Additionally, Jeff was a Lieutenant at Caldwell Volunteer Fire Department where he joined in 2016.

Two fire engines were destroyed by wind-driven flames of the North Eden Fire in northeast Utah

North Eden Fire crosses border, spreads to Wyoming BLM land
Two fire engines were destroyed in the fire Thursday

By: SIMONE FRANCIS



August 17, 2018

RICH COUNTY (News4Utah) – 

Crews continue to battle the fire burning in northeast Utah. Firefighters from Rich County, Woodruff, Garden City, State of Utah and US Forest Service have all responded.

The fire that sparked east of Bear Lake has grown to 14,000 acres of state and private land in Utah and Bureau of Land Management land in Wyoming and Idaho. At last estimate, the fire was about 6 miles from Cokeville, Wyo.

Fire officials said two fire engines were destroyed by wind-driven flames of the North Eden Fire Thursday.

A heavy engine from Woodruff Fire Department and a light engine from the State Division of Forestry, Fire & State Lands responded to the fire. One engine experienced a mechanical problem and as both crews tried to make the vehicle mobile again, flames quickly moved toward the scene cutting off their escape route. The group of three firefighters was forced to leave the vehicles and escape.


North Eden Fire sparked Thursday, August 16, 2018. Fire managers from Federal, State and Local agencies in all three states are coordinating the suppression effort.

There are a number of ranching operations and structures that are threatened. Fire managers are advising those near the fire area to be prepared in case a call to evacuate is made. No structures have been lost and no injuries have been reported.

No specific source or ignition point has been found for the cause of the Weaver Piano and Organ Building fire that claimed the lives of York City firemen Ivan Flanscha, 50, of Red Lion, and Zachary Anthony, 29, of York, during mop-up operations

York City, PA


No specific source or ignition point has been found for the cause of the Weaver Piano and Organ Building fire that claimed the lives of two York City firemen during mop-up operations, according to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

Ivan Flanscha, 50, of Red Lion, and Zachary Anthony, 29, of York, were on the fourth floor of the building dealing with hot spots on March 22, day two of the fire, when it collapsed. Both veteran firefighters were killed. Two others were injured.


An ATF National Response Team was on the scene, at 127 N. Broad St., the day after the fatalities to investigate the fire and the circumstances leading to the firefighters' deaths. That team, along with York City Police Department, York City Fire Department and the Pennsylvania State Police, spent a week processing the scene and interviewing witnesses.

ATF investigators sift through the rubble of the former Weaver Organ and Piano building Sunday morning. Paul Kuehnel, York Daily Record

In a news release on Thursday, ATF Special Agent Charlene Hennessy, who was in York during the investigation, said that the ATF certified fire investigator determined the fire started "in an unspecified location on the first floor of the south wing.”

However, the release states, "Due to the extensive damage and lack of evidence, a specific point of origin and ignition source could not be identified, therefore, this fire is classified as 'undetermined.'"

Meanwhile, the Flanscha and Anthony estates have filed wrongful death lawsuits against an engineering company that, according to the complaint, gave the OK for firefighters to enter the building to look for hot spots.

That firm has denied any culpability in the deaths, maintaining its engineer was on scene only to advise the building owner. The building had been undergoing renovations to convert it into apartments.

Failure of CSX Railroad and City of Biloxi, to Address Grade Crossing Hazards is Probable Cause of Fatal Mississippi Crash That Killed Four Senior Citizens on the chartered ECHO Transportation motorcoach

The final resting position of the CSX train and the ECHO Transportation motorcoach is depicted in this March 7, 2017, photo of the accident scene. (Photo courtesy of Biloxi Police Department) 

 
The failures of a freight train company and a city to mitigate known safety hazards at a Biloxi, Mississippi, grade crossing is the probable cause of a fatal crash there, the National Transportation Safety Board said in its report issued Tuesday.


A chartered ECHO Transportation motorcoach carrying 49 senior citizens to a casino March 7, 2017, grounded on a “high profile” grade crossing in Biloxi, when seconds later, as the motorcoach driver attempted to free the vehicle from the railroad tracks, a CSX freight train approached. Although the engineer saw the stranded vehicle and applied emergency braking, the train stuck the motorcoach at 19 mph. Four of the 49 motorcoach passengers were killed in the crash; the driver and 37 passengers were injured. No one on the CSX train was injured.




The Biloxi city street grade crossing, which dated back to at least 1870 and was reconstructed in 1977, had an unusually high vertical profile. Its high vertical grade put low ground clearance vehicles, such as trucks and buses, at risk of being “grounded” on the tracks.


In the three years prior to the crash, following maintenance work that further increased the accident crossing’s already high vertical profile, there were 23 known vehicle groundings there. Although CSX Transportation and the City of Biloxi were aware of this high number of safety-critical events, neither acted to mitigate the hazard.


“This tragedy was preceded by numerous unheeded warnings in the three years leading up to it,” said NTSB Chairman Robert L. Sumwalt. “They came in the form of known groundings of other vehicles at the very same grade crossing where the fatal crash occurred. Warnings call for action.”


The NTSB said that inadequate guidance from the Federal Highway Administration on how to mitigate risks associated with high vertical profile grade crossings contributed to the crash.


The NTSB recommended that high-profile grade crossings have clearer, less ambiguous signage so that drivers of all types of vehicles can better determine if their vehicle could safely traverse the crossing.


In the NTSB’s report, the agency called for criteria to determine when an existing high-profile grade crossing should be modified or closed, and for better communication between all the entities involved in the maintenance and safety of grade crossings.
"It will take concerted, coordinated action to proactively address the safety challenge posed by high-profile grade crossings,” said Sumwalt. “And today's findings and recommendations will provide regulators, policy makers and planners with the tools to do just that."


A total of 11 new safety recommendations were made to the following organizations: the Federal Highway Administration, the Federal Railroad Administration, the Mississippi Department of Transportation, the City of Biloxi, the American Association of State Highway and Transportation Officials, the American Railway Engineering and Maintenance-of-Way Association, the Association of American Railroads and the American Short Line and Regional Railroad Association and all Class 1 railroads.

The final report will be available in several weeks. Investigator presentations, findings, probable cause and safety recommendations are available at https://go.usa.gov/xUA4B.
Additional materials related to this investigation, including the accident docket, are available at https://go.usa.gov/xUA45.

Helmetless Nickolas Taylor, 24, broke his head and neck and died as he was speeding on an ATV and failed to negotiate a turn and hit a guide rail in Cook County, PA

Helmetless Nickolas Taylor, 24, broke his head and neck and died as he was speeding on an ATV and failed to negotiate a turn and hit a guide rail in Cook County, PA



COOK TOWNSHIP, Pa. - 

A Latrobe man was killed early Sunday morning in an all-terrain vehicle accident.


The Westmoreland County coroner said Nickolas Taylor, 24, was driving the ATV along Bethel Church Road in Cook Township around 2:40 a.m. when he failed to negotiate a turn and hit a guide rail.


He was thrown from the ATV and was found in a grassy area, officials said.


Investigators said Taylor was not wearing a helmet at the time of the crash.

The coroner said Taylor died of blunt-force injuries to the head and neck. 


The coroner’s office awaits toxicology reports, a mandatory procedure, that could take several weeks, Hribal said. We would not be surprised is this guy was drunk or on drugs.

His death has been ruled an accident, although his behavior is reckless and/or suicidal.

Riding an ATV, speeding, not wearing a helmet at 2:40 am, is a sure way for someone to reach his final destination. Stupid, stupid, stupid.

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


Nickolas Scott Taylor, 24, of Latrobe, died Sunday, Aug. 12, 2018. 

Born July 16, 1994, in Latrobe, he was a son of Scott H. and Tracy L. (Wallace) Taylor, of Latrobe. 

Nick was employed by the International Union of Operating Engineers Local 66, New Alexandria. 

A 2013 graduate of Greater Latrobe Senior High School, he enjoyed playing football from the "Midget" team all the way through high school. He was a member of the Possum Hollow Hunt Club, St. Joe's Social Club and the Cooperstown Veterans and Sportsmen Association. 

Nick enjoyed hunting, quad riding, snowboarding and being with his friends. He also liked to speed with his ATV at 2:40 am.  This eventually took his life.

Learn and live.