Confined Space

One Million Visitors!

2007-05-16T15:15:00.000-04:00

I don't write this blog anymore, but it still averages around 1,000 hits a day -- and more on most weekdays.

Today the visitor count hit ONE MILLION.

Cool.

Beyond Confined Space

2007-01-30T22:34:00.000-05:00

As I mentioned in last week's farewell post (here, if you missed it), I will try to keep you up to date on places you can go to find similar information and analysis. Here's the first installment:

Workplace Health and Safety News

The Pump Handle is an excellent blog that covers regulatory issues. To fill some of the gap left by the termination of Confined Space, The Pump Handle has launched a new feature, Confined Space@TPH, that will keep up on workplace safety and health news.

Starting next week, Tammy Miser will continue the misnamed The Weekly Tollevery two weeks on its own page.

You should also bookmark the award-winning Hazards Magazine, run by the intrepid Rory O'Neill and friends. Hazards has health and safety news and a toolbox of indepth information about every conceivable health and safety issue.

The labor news service, Labourstart runs a health and safety page. If you have a webpage, you can also set up a health and safety feed (check out the right-hand column of Confined Space)

The CalOSHA Reporter offers a free daily news digest. Despite its name, it covers more than just California news. You read the on-line version here or subscribe to the daily e-mail.

For immigrant issues, you can't go wrong with Working Immigrants

For Workers Compensation news, check out Workers Comp Insider.

For general public health news and commentary (as well as excellent writing), there's no better place to go than Effect Measure.

Labor News

Labourstart also runs an excellent labor news service, sorted by country. US labor news is here. If you have a webpage, you can run the Labourstart newsfeed.

RawblogXport runs a labor news blog as well, with short excerpts for labor articles.

Mick Arran has resurrected Dispatch From The Trenches, a labor commentary blog, and, in honor of the demise of Confined Space, has added a feature called TrenchNews, "a round-up of some of the news stories on unions and labor issues that the MSM either buries in the Business pages or doesn’t cover at all."

Well, that should do it for now. I'll continue to keep you updated as new workplace safety resources come on line.

Goodbye: The Final Curtain Comes Down

2007-01-24T20:45:00.000-05:00

As I mentioned last night, this will be my last Confined Space post. Next week I start work at the House Education and Labor Committee. If you're on line now (9:00 - 11:00 pm EST), welcome. Please use the comments all the way down at the bottom of this post (below the last song) and "refresh" occasionally to keep up to date. (Of course, some people decided to start the party early. Check out the comments under last night's post.)

Over the past four years, I’ve written more than 2,800 posts here at Confined Space. My original goal was not just to educate people about what is happening in American workplaces, but also to put workplace safety and health into a political context. You won't read in any newspapers that if the 12 deaths at Sago last year, or the 15 deaths at the BP Texas City refinery the year before had been the only workplace fatalities on those days, those would have been good days in the American workplace. More than 15 workers are killed every day on the job in this country and a worker becomes injured or ill on the job every 2.5 seconds. The overwhelming majority of deaths, injuries and illnesses could have been easily prevented had the employers simply provided a safe workplace and complied with well-recognized OSHA regulations or other safe practices.

And you'll never learn from the evening news that we have more fish and wildlife inspectors than OSHA inspectors, or that the penalties from a chemical release that kills fish is higher than a chemical release that kills a worker. Not many are aware that workers are often afraid to complain about health and safety hazards or file a complaint with OSHA. Almost no one understands that OSHA inspections are so infrequent and penalties for endangering workers are so insignificant that there is almost no disincentive for employers to break the law. Employers are almost never criminally prosecuted for killing workers even when they knew they were violating OSHA standards.

You know these things. But most Americans – including our political leaders -- don’t have a clue. And most of this nation’s newspapers and other media aren’t helping.

And there are still far too many health and safety professionals that don’t understand that to a very great extent, who lives and who dies in the workplace is determined by politics – both power relationships in the workplace, and traditional politics that determines who controls our government. What that means is that organizing unions and electing politicians who will fight against unlimited corporate control over our regulatory agencies, our workplaces and the environment are of vital importance to protecting the health and safety of American workers.

Two events inspired me to launch this blog in March 2003. Following the deaths of the Columbia astronauts in 2002, I woke up one morning realizing that while a few workers killed in a workplace accident sometimes receive enormous media attention, most workers die alone and unnoticed by anyone except their immediate families and friends. Something had to be done to ensure that these thousands aren’t dying in vain.

The second event was the repeal of the OSHA ergonomics standard by the Republican Congress and the Bush White House. That travesty of justice taught me that if we’re going to make – and sustain -- any progress on workplace safety in this country, many more people have to understand what’s happening in American workplaces, the political context in which these tragedies occur, and the need to organize on a local and national level. Or, as Michael Silverstein wrote in his recent paper discussing the future of OSHA, "political change must precede policy change.”

When I started Confined Space in March 2003, it was all about me – a way to vent, which I needed (thanks to our President and his cronies), a reason to write (or rant) -- which I enjoy (and will miss) -- and a way to keep in touch with friends and colleagues who I was afraid I’d lose track of.

But based on the mail I get from people, Confined Space became much more – a source of much-needed news about what’s happening in our workplaces and government agencies and a voice for those feeling politically frustrated. But most important – and most unexpected -- it became a way for family members and loved ones of those lost to the workplace to find meaning in the death of their loved ones, a voice for their anger and a constructive direction to fight the system that took their loved ones away. And perhaps it even provided some ideas and tools that they could use to wage their struggle.

Writing this blog became a learning experience for me as well. Not just that it forced me to keep up with what was happening in the world of workplace safety, but the Weekly Toll (thanks Tammy) and the thoughtful and angry notes and comments I received from the families and friends of those killed in the workplace, brought me closer to the human tragedies faced by thousands of American families every year. Confined Space provided a place for them to tell their stories, stories that are almost never heard in our newspapers, magazines, radio or TV. And with that came a renewed sense of meaning and inspiration -- raw energy – to challenge the low priority that the politicians and media in this country give to workplace safety and workers’ health and lives.

But at the same time, I’m tired -- bone tired – not just from lack of sleep (I didn’t have the luxury that some bloggers enjoy -- being able to blog at work), but also from writing the same sad stories – with different names and details – over and over again. More and more frequently I’ve gotten the sense that I’m repeating myself; I’m not sure I have anything new to say anymore. And maybe there isn’t really anything new to say; maybe it’s always the same basic story; only the names and dates change. And so, although it’s incredibly hard to think about leaving this behind, this is an opportunity to move beyond writing to facilitate change.

Before I go, there are a few people I need to thank. Actually, there are hundreds that I need to thank, but a few require special mention – particularly Jonathan Bennett at NYCOSH, Rory O’Neill at Hazards and Tony Oppegard for keeping me supplied with news and perspective that I might otherwise have missed. Journalists Ken Ward at the Charleston Gazette, Andrew Schneider at the Baltimore Sun, Steve Franklin at the Chicago Tribune and David Barstow at the NY Times deserve lots of credit for going the extra miles to dig out the stories behind the stories and setting a standard that every journalist should strive to live up to.

But most of all I want to thank the families -- the wives, husbands, daughters, sons, brothers, sisters, fathers and mothers of those chewed up and spit out by the system of work in this country. The courage, creativity and resolve displayed by Tammy Miser, Coit Smith, Mary Vivenzi, Irene Warnock, Misty Plante, Michelle Marts, Becky Foster, Barb Parker, Holly Shaw, Sharon Nichols, Kelly Heilert, Michelle Lewis, Robin Harpster, Adam Turem, Donna Puleio Spadaro, Patience Buck-Clarry, Melissa King, Phyllis Oliver and Betsy Shonkwiler to name just a very few who have shared their sorrow, their anger and their energy, have nourished me with the inspiration and fuel to carry on through the late nights and early mornings.

And, of course, I need to thank my wife, Jessie, and the kids (Nicole, Madeleine and William) for giving me a far longer leave of absence from many familial duties than anyone really deserves.

Finally, I'd be remiss is I didn't thank the Bush administration appointees, many Congresspersons and Senators, and scores of negligent employers for ensuring that there wasn't a single day over the past four years that I didn't have plenty to write about.

I do have one major disappointment, though – that this blog is going out childless, without issue. I had hoped for some offspring. You know, a few similarly crazy people out there who would say “Hey, this is a good idea, but he’s missing a bunch of stuff,” or “What a clutz. I can say this better,” or “He’s full of shit. Listen to me." So that when I passed on, there would be two, five, a dozen workplace safety blogs to carry on.

But don’t despair. I’ve been having conversations with people about continuing some parts of Confined Space, and Tammy will continue the Weekly Toll from another (to be announced) location. The Pump Handle will be carrying on with some of the more newsy parts of Confined Space. To the extent other blogs start picking up some of this work, I’ll announce it here and in mailings to my list. And the archives will remain as a resource.

So, has this blog had any impact on improving the conditions for workplace safety in this country? Maybe. Enough? Not nearly. Since I started this blog, the AFL-CIO has dismantled its safety and health department, OSHA has issued only one new, weak standard (under court order) and expanded its voluntary programs at the expense of enforcement. Immigrant fatalities continue to grow, coal mine fatalities more than doubled last year, the Bush administration continues to appoint political cronies and union busters to agencies entrusted with ensuring workers lives and well-being and Congressional oversight became a thing of the past -- until now. (On the other hand, when I started this blog, President Bush’s favorable ratings were in the 70’s and Republicans held both Houses of Congress. Now he’s in the low 30’s, the Dems have taken charge of Congress, and they’ve hired me.) The real test of success is how many more workplace safety activists exist today than existed four years ago.

What comes next? I know what comes next for me. But what about you? What needs to be done and how are we going to do it? Chew on that for a while.

As journalist Bill Moyers wrote in a recent must-read article in The Nation,

The eight-hour day, the minimum wage, the conservation of natural resources, free trade unions, old-age pensions, clean air and water, safe food--all these began with citizens and won the endorsement of the political class only after long struggles and bitter attacks. Democracy works when people claim it as their own.

And that goes for workplace safety as well.

In 1970, Congress passed, and President Nixon signed a radical new law promising

To assure safe and healthful working conditions for working men and women

In other words, a safe workplace became a right, not a privilege to be enjoyed only when a company is making a good profit. Thirty-five years later, that promise not only remains unfulfilled, but has taken several major steps backward over the past several years.

And to quote myself at the 2004 APHA Occupational Health Section Awards luncheon:

We need to make it clear that the right to a safe workplace wasn’t bestowed upon us by concerned politicians or employers who were finally convinced that “Safety Pays.” The right to a safe workplace was won only after a long and bitter fight by workers, unions and public health advocates. It was soaked in the blood of hundreds of thousands of coal miners, factory and construction workers. And the current movement to transform the agency into nothing but a coordinator of voluntary alliances is a betrayal of that promise and those lives.

Hopefully in my new job, I can help to restore the system of checks and balances that our constitution provides to make sure that our government does what it’s supposed to do.

Anyway, as I said. I’m not disappearing, just moving into a different dimension. But before going, I have a couple of favors to ask. Please stay in touch. Save my e-mail address jbarab@starpower.net. I’ll need your information and inspiration more than ever.

Do me just one more big favor: keep informed, stay angry and keep raising hell.

OK, I’m out of here. It’s your turn now. Hasta la vista, baby. Flights of angels sing me to my rest. And don't be sad. We’ll always have Paris.

-- Jordan

P.S. Like any good union meeting, this blog shouldn’t end without a song. So, everyone, let’s all join hands, click once or twice on the picture below and sing along with Pete and the Weavers. After all, when you really think about it, what force on earth is weaker than the feeble strength of one?

Obituaries

Tammy Miser: Weekly Toll

Mike Hall: AFL-CIO Now

Mick Arran: Dispatch From the Trenches

Revere: Effect Measure

Cervantes: Stayin Alive

Michael Fox: Jottings By An Employer's Lawyer

Workday Minnesota

James Governor: Monkchips

A Son, A Father, 911 and The President

2007-01-24T19:19:00.000-05:00

Guests at last night's State of the Union address didn't just include basketball players and Iraq war veterans. One guest -- who has the most gripping story to tell -- was ignored by the President and the media last night. His name was Ceasar Borja and he was a guest of NY Senator Hillary Rodman Clinton. Just two hour before the President began speaking, Borja received nows that his father had died.

Borja's dad, Cesar, 52, was a Filipino immigrant, a former Army paratrooper and an NYPD cop who never missed a day of work in 20 years.

He volunteered for months of 16-hour shifts at Ground Zero so he could make overtime for his wife, Eva, and their three children: Ceasar, whom he called "Kuya," the Filipino word for older brother; son Evan, 16, and daughter Nhia, 12.

He retired in 2003. He started coughing soon after. By the time he was properly diagnosed with pulmonary fibrosis last fall, he could barely walk and his lungs were filled with scar tissue.

He checked into Mount Sinai Medical Center on Dec. 19. He died there at 6 p.m. last night.

Instead of returning immediately to New York, Borja decided to attend the speech.

the 21-year-old promised his family that he was going to sit in front of President Bush, exactly as planned, to bear witness to the suffering of thousands of others like his dad.

"He passed away right when I'm down here fighting for him. This is the most I've ever done for Dad," he told his mom. "Mommy, you know I'm strong, Mom. You were with him, though, right? Good. That's all that matters to me. Comfortably and no pain."

Borja was shivering as he talked on a dark sidewalk outside a Capitol Hill restaurant. Other Ground Zero victims and staffers from Sen. Hillary Clinton's office wrapped him in their arms and sat him down at an empty table. Tears started to fall.

"Dad always knew the man I could become, and I love him for that," Borja said. "Dad didn't go down without a fight, Mom. You know that."

Borja is on a mission:

“I want a meeting with the president to make the case directly about how important these health programs are,” Borja told The Associated Press.

“I want him to hear from me, how my father died a hero last night, and there are many heroes that will and are continuing to die because they’re not given the proper medical attention or not given enough help from the federal government,” said the 21-year-old college student, his voice breaking with emotion.

What's In A Name? (Part II)

2007-01-24T19:03:00.000-05:00

William Safire in the NY Times Magazine last Sunday has more to say about the name change at my future employer, the House Education and Labor Committee:

Who says the 110th House of Representatives, with Democrats in the majority, will be no different from the G.O.P.-dominated 109th? The names, they are a-changin’: the word Labor is back, with a capital L. In 1995, when the Republicans took over after 40 years — 14,610 interminable days — in the minority wilderness, they changed the name of the Education and Labor Committee to “the Committee on Education and the Workforce.”

Why? Because the word Labor, capitalized, was taken to be “Big Labor” — unions almost monolithically support Democrats — and here was a way to go over the union bosses’ heads. The idea was to spread the committee’s jurisdiction over the needs of all workers, especially the majority, who are not union members. (A bit of history: When President Nixon accepted George Meany’s invitation to attend the annual A.F.L.-C.I.O. convention in Bal Harbour, Fla., Meany sat the president in the third row on the platform — an unprecedented snub. Charles Colson, the White House counsel, came up with a fighting slogan afterward: “Remember Bal Harbour!”)

If Labor was to be replaced, then with what? Not workers; that word is associated with socialism (International Workers of the World (sic), or “wobblies”) and communism (in its manifesto, “Workers of the World — Unite”). But there was another term, coined in 1931, during what revisionist Republicans considered the unfairly maligned Hoover administration: workforce. Most dictionaries gave it two senses (and make it two words): “all employees collectively, or those doing work in a particular firm or industry.”

Therefore, one of the first actions in what Speaker Nancy Pelosi dubbed “the first 100 hours” of the newly Democratic House was to vote that “Clause 1(e) of Rule 10 is amended by striking ‘Committee on Education and the Workforce’ and inserting ‘Committee on Education and Labor.’ ”

Moving On: Closing Up Shop

2007-01-23T23:33:00.000-05:00

This is incredibly hard for me, but tomorrow night will be my last blog post on Confined Space. After much deliberation, I’ve decided to take a new job that makes it impossible to continue.

Starting next week, I’ll be heading to the House of Representatives Committee on Education and Labor, working on OSHA-related legislation, oversight hearings, investigations, etc. In other words, instead of just writing about what Congress and this administration needs to be doing to protect workers, I’ll hopefully be able to directly affect some of those things.

If you’re around, stop by here tomorrow (Wednesday) night to say goodbye. I’m inviting you all over to an on-line goodbye party from 9:00 to 11:00 pm EST. I’ll take some time to reflect on the past four years, and I’ll be on line, so you can use the comments at the bottom of the last post to wish me well, blast me for leaving, speculate about the future of workplace safety in this country, or predict the next American Idol winner.

And it’s BYOB. Lots of it.

See you tomorrow.

Update: You can view the wreckage of the party here, and in the comments below this entry and tomorrow's.

Libby Asbestos Activist Dies; Residents Consider Buyout

2007-01-23T23:07:00.000-05:00

Les Skramstad died Sunday. He was 70.

I often complain about how workplace fatalities get very little press. Every couple of weeks, Tammy and I publish the Weekly Toll, a partial list of workers killed in the workplace. But that list includes only those workers killed in traumatic accidents -- falls, trench collapses, traffic accidents, etc. It almost never includes the almost 1000 Les Skramstads who die of workplace related disease, like mesothelioma, every week.

But Les Skramstad was more than just another occupational disease fatality.

Skramstad had been diagnosed with mesothelioma _ a rare, fast-moving cancer that attacks the lining of the lungs _ about a month ago, his son said. He had several tumors in his stomach and had been previously diagnosed with asbestosis, which has been compared to a slow, constant suffocation.

He was best known as a voice for many of Libby's sickened residents. He lobbied Congress for financial relief for those who could not pay their many medical bills.

The vermiculite, used in a variety of household products, contained tremolite asbestos that was released into the air and carried home on miners' clothing. It is blamed by some health authorities for killing about 200 people and sickening one of every eight Libby residents. Skramstad worked at the mine in the late 1950s and early 1960s.

Brent Skramstad said that he has also developed asbestos-related disease, as did his sister and his mother, Norita.

"Hopefully there's somebody who will take his place now," Skramstad said of his father. "Because this is something you never want to be dropped. You want people to be held accountable for it."

In 2005, the Justice Department indicted the W.R. Grace & Co. and seven of its current or former executives and department heads for conspiring to conceal information about the hazardous nature of the company’s asbestos contaminated vermiculite products, obstructing the government’s clean-up efforts, and wire fraud. Approximately 1,200 residents of Libby have been identified as suffering from some kind of asbestos-related disease and over 400 have died.

Meanwhile, the Baltimore Sun's Andrew Schneider, who originally broke the Libby story, reports that despite the tens of millions of dollars spent by the Enfironmental Protection Agency to clean up the town, there no one is sure if the town can really be cleaned up enough to be safe. Some residents are now suggesting that the EPA or Grace buy them out so that they can move to a safer location.

Talk of a buyout took hold after the EPA's inspector general said in a report last month that, because the agency has not determined the safe level of human exposure to the asbestos in Grace's vermiculite, the "EPA cannot be sure that the ongoing Libby cleanup is sufficient to prevent humans from contracting asbestos-related diseases."

The IG report also said the EPA must "fund and execute a comprehensive study to determine the effectiveness of the Libby cleanup" with special attention on the effects of asbestos exposure on children.

Paul Peronard, the EPA emergency coordinator who has been involved in the cleanup since the beginning in 1999, said, "The EPA has no plans for a mass relocation or buyout, although the concept is not off the table. Right now the judgment is the community would be better served by fixing the problem in place."

However, he added, "There is a possibility that our analytical methods are not sensitive enough to measure down low enough to say there is no risk, and with this type of asbestos we cannot say that we ultimately will know what level will be deemed acceptable."

Meanwhile, Grace, which declared bankruptcy in 2001, has been studying the costs and benefits of a buyout.

Related Stories

In A "Go To Jail Issue" Asbestos Manufacturers Fight To Stay Free, April 22, 2006
Hallelujah: Grace Miraculously Cures Asbestos Victims, November 4th, 2005
Grace's Deadly Asbestos Tentacles Continue To Reach Across The Country, October 2, 2005
Lessons of Hamilton, New Jersey, June 29, 2005
Grace Knew About Asbestos Contamination of NJ Plant, June 28, 2005
Attorney for Grace To Head EPA Enforcement, June 27, 2005
W.R. Grace: Did These Guys Ever Tell The Truth?, March 4, 2005
Asbestos: Cruel, Deadly and Uncompensated, February 19, 2005
Libby Montana and Tort Deform: What's Wrong With This Picture?: February 15, 2005
They Were Killing Us, They Were Killing Our Wives and Children: February 12, 2005
W.R. Grace Goes To Jail: "Why not all the others?": February 10, 2005
W.R. Grace Execs Indicted For Asbestos Coverup, February 8, 2005

Hazardous Trenches, Good Luck and Bad Journalism

2007-01-23T21:53:00.000-05:00

Eric Moreno is an extremely lucky guy. He was running some sewer pipe down in an unshored 7-8 foot deep trench last week when it collapsed on top of him. He could only breathe because the brim of his hard hat created a small pocket of air that separated his face from the dirt.

But even a breathing pocket often isn't enough to save the life of a trench collapse victim. A cubic yard of soil weights about 2700 pounds, the weight of a mid-sized automobile. A trench collapse may contain three to five cubic feet of soil. Do the math. Even if you're only buried up to your waist, successful rescue is unlikely; you're probably going to die. I've written before about workers, like Mike Morrison and Willie Hodge who both died as a result of trench collapses, even though they were only buried up to their waists.

My beef here is with the articles about Moreno's lucky escape. Not one of them (here, here, here, and here) mentioned that there is an OSHA standard that requires trenches deeper than 5 feet to be shored.

As I've written before, it wouldn't have taken the reporter too much time to add some valuable information to this article that might have gone beyond the human interest/shit happens/what-a-lucky-guy focus. If she couldn't spend 15 minutes on the web, she might have even called OSHA for some general information about trench collapses.

And then the readers (and construction workers) would have known that:

a) This tragedy was preventable
b) The employer was probably breaking the law.
c) Trench collapses are not to be taken lightly; most workers don't come out alive.

But Moreno's a tough guy:

Despite what was clearly a traumatic experience, Moreno said he is not afraid to continue working, and intends to return to work next week.
Moreno works for Gregg Electric Inc. of Ontario, a subcontractor for Oltmans Construction Co. of Whittier, a general contractor.
"I don't think I'd hesitate to get right back in," Moreno said. "I don't think I have any fears about that."

But if he's being sent down into unprotected 8-foot deep trenches, maybe he should have some fears. Maybe he and others working in unsafe workplaces should have been trained about the hazards of trenches and the laws that are meant to control those hazards.

Nothing New About Trench Collapses

2007-01-22T21:43:00.000-05:00

Check out the Weekly Toll below and you'll find a familiar entry at the top: a worker crushed to death in a trench collapse. But how could employers know that a trench would collapse? OSHA's trenching standard for starters.

But Dr. Michael Silverstein also reminds us in his paper, OSHA At 35, the the hazards of trenching -- and how to prevent trenching casualties -- were well known even before OSHA issued its standard -- like somewhere around 2300 years before OSHA. Just ask Heroditus.

All the other nations, therefore, except the Phoenicians, had double labour; for the sides of the trench fell in continually, as could not but happen, since they made the width no greater at the top than it was required to be at the bottom. But the Phoenicians showed in this the skill which they are wont to exhibit in all their undertakings. For in the portion of the work which was allotted to them they began by making the trench at the top twice as wide as the prescribed measure, and then as they dug downwards approached the sides nearer and nearer together, so that when they reached the bottom their part of the work was of the same width as the rest.

-- The Histories of Herodotus, The Persian Wars, Book 7 Polymnia, c. 484 - 425 BC

Chilling Reading

2007-01-22T21:20:00.000-05:00

Julie Ferguson at Workers Comp Insider has a very nice piece on our Weekly Toll:

Every other week, our blog neighbor Tammy at Confined Space compiles a list of news stories about workers who have lost their lives at work. We've linked to it before. Despite its length, it's only a partial list at best- whatever manages to turn up in the search engines. The roster makes for some chilling reading. No matter how many times I've read these lists before, I am almost always jarred to see how many deaths occurred in my state - sometimes, just a town or two away. I am also struck by how pedestrian the circumstances sound - on a golf course, in a restaurant, at a market, on a farm. I guess it's the human tendency to think these things occur in far away places, at different kinds of work sites.

***

In story after story, the reports from co-workers are heart-wrenching - witnesses to the carnage, some after having frantically fought to save a colleague. It must be terrible to have to return to a job after having witnessed a beloved coworker die. It must be a heavy burden for coworkers and supervisors, and should they actually bear some negligence in the events, it could be soul crushing. Indeed, a year or two ago we noted the deaths of roofing workers on a construction site in Florida. There had been numerous safety violations, and in following up to see the criminal disposition, we learned the owner of the contracting company had taken his own life - no doubt, the horrible events played a role in his death, too. He and others paid a steep price for whatever corners were cut in shortchanging safety.

To Sit Or Not To Sit....

2007-01-21T23:41:00.000-05:00

It hadn't really occurred to me until I read this article, but cashiers at the little grocery store across from our apartment in Paris last Christmas did something almost unheard of in American grocery stores: They sat down.

The question of why American grocery store workers usually stand, rather than sit, was the subject of a Washington Post column today by Marc Fischer who tells the story of a customer, Deana Jordan Sullivan, who went out and bought stools for Safeway checkers to sit on.

Safeway officals said "Thanks, but no thanks."

"We do appreciate the customer's thoughtfulness and generosity," he says. "But sitting on a chair could potentially expose employees to injury. Part of their job requires them to lift heavy objects -- laundry detergent, frozen or fresh turkeys, cat or dog food. Their checkstands are designed to be conducive to standing."

Actually, although you wouldn't think the seating of supermarket cashiers would be an earth-splitting issue, the planet is indeed divided over this: In most European countries and in Australia, grocery checkout clerks routinely do their job perched on stools. In the United States, the tradition has been that they stand all day. And it turns out that this has more to do with image and notions of customer service than with worker health.

The British government's occupational health department issued guidelines in 2005 strongly recommending that supermarket cashiers be given sit-stand stools so clerks could sit when not lifting those heavy items. "A seat should be provided enabling operators to have a choice," the British study concluded.

A report by the U.S. Occupational Safety and Health Administration says that thousands of grocery store workers are injured each year by repetitive motions and awkward posture while scanning items and "standing for most of the shift." But Americans take a milder approach to solving the problem. OSHA recommends using anti-fatigue floor mats, which Safeway does provide.

The feds add only that grocery stores should "consider using checkstands designed with an adjustable sit-stand" stool.

Muckle says Safeway's checkstands are not designed to permit stools. Anyway, "culturally, I don't know of any American supermarket where checkers sit down," he says. "That is prevalent in Europe, but in our culture, if people saw that, a lot of people would wonder, 'Are these people really working?' "

Yes, traditional culture is always a good reason to keep subjecting workers to workplace health and safety problems.

Fischer notes, however, that the Safeway workers union, the United Food and Commercial Workers, aren't advocating for stools either.

Interestingly, the union that represents Safeway checkers is pretty much in accord with the company. "Safeway designs checkstands to be as ergonomically beneficial as possible," says union spokeswoman Jill Cashen. "Sitting may actually make the work more difficult."

The cashiers seemed perplexed, but not too upset about the prospect of sitting, however.

At her Safeway, Sullivan found the cashiers to be grateful but a bit wary when she delivered the stools. "They looked at me like I was a crazy white woman," she says, "and that's a reasonable reaction. It sounds like I'm obsessed with this, but I'm really not: I'm a busy working mom with two kids, but I just thought this was stupid. I didn't want to just whine about it, so I did something."

Sullivan, an executive at Discovery Networks, isn't done rocking the boat. She's rallying support from neighborhood online bulletin boards. And even though her stools remain in storage, she's found herself shopping at the Safeway more often: "Ironically, it's making me more loyal to the store and to the people who work there."

Cashiers at the store told me they weren't allowed to talk about the stools. But they smiled broadly at the mention of the seats and the woman who donated them. "Tell her to come in and see us," one clerk said.

Another added: "We'll be here -- standing right here."

Update: Hazards Magazine has much more on the hazards of standing.

Weekly Toll: Death In The American Workplace

2007-01-21T21:29:00.000-05:00

A partial list of workers killed in American workplaces over the last several weeks.

Worker dies after trench collapses

Greenwich, CT - A 59-year-old groundskeeper died yesterday afternoon following a trench collapse at a northwest Greenwich country club. "Employees of Tamarack Country Club were working on a drainage pipe and part of the trench collapsed on two of the employees," police Lt. James Heavey said. One worker was able to free himself from under the pile of dirt and went to help the second man along with other employees on the job site, authorities said. Police, firefighters and paramedics arrived at the scene shortly after 1 p.m. and found workers performing cardiopulmonary resuscitation on the injured groundskeeper. Paramedics took the man to Greenwich Hospital, where he died, Heavey said.

Worker dies after five-story fall in Roxbury

Boston, MA -- A worker died today after falling five stories at a construction site in Roxbury this morning, according to police and an official from the worker's company. The man, whose name was not released, was rushed to Boston Medical Center in critical condition. He later died, an official from the worker's company said this afternoon. The man fell at about 11:20 a.m. Police are currently investigating at the scene near the intersection of Massachusetts Avenue and Melnea Cass Boulevard. Officials from the Occupational Safety and Health Administration are also at the construction site.

Four arrested in death of Lawton cab driver

LAWTON, Okla. - Lawton police say four teenagers are in custody in the weekend shooting death of a cab driver. Officers say 19-year-old Delarenta Burton was arrested for murder in the death of John Thomas Lamb. Officers arrested 19-year-old Elijah Davis, 18-year-old Caprisha Davis and 19-year-old Donald Hood as material witnesses. Police Lieutenant William Grimes says Lamb was found dead in his cab at an apartment complex early Saturday with a gunshot wound to the back of his head. Investigators believe Burton called for the cab then killed Lamb and stole his wallet. Grimes says security video led police to an apartment at the complex where they found Lamb's wallet.

All lanes open on I-64 after deadly crash

All lanes are now open on Interstate 64 remains in York County after a deadly crash that claimed the life of a truck driver. Virginia State Police say it happened around midnight near the Busch Gardens exit.

The truck, which was hauling produce, flipped over, blocking the lanes and killing the driver. State police have the lanes blocked while they reconstruct the accident to try and figure out what happened. Investigators say the truck driver was trying to avoid a construction vehicle when he crashed.

Trucker Killed In Unusual I-65 Crash

INDIANAPOLIS, IN -- A truck driver was killed in an unusual crash, according to police, on Interstate 65 downtown Thursday morning that backed up traffic for several miles. The crash happened after 7 a.m. when the driver of a tractor-trailer that was carrying a load of steel pipes stopped abruptly in the northbound lanes just north of Raymond Street. When the trailer stopped, the load shifted, sending the pipes crashing through the back of the cab and killing the driver, James Surrena, 38, of Lorain, Ohio. Investigators said the load was not properly secured. Traffic was backed up for at least three miles as workers cleaned up the crash site.

Workers killed on rails were loyal family men

Woburn, MA - Christopher Macaulay and James Zipps loved working on the railroad, and they never considered any other career s , friends and family said yesterday. Macaulay was drawn to trains at an early age -- his father was an Amtrak conductor -- said Michael Blakemore, who described himself as Macaulay's best friend. Zipps joined the railroad at 21, following in the footsteps of several childhood friends, said his brother, Richard Zipps. Macaulay, 30, of Brentwood, N.H., and Zipps, 54, of Lowell, were killed Tuesday afternoon when a commuter train barreled into their maintenance vehicle parked on MBTA tracks in Woburn. While investigators yesterday continued to sort out the events leading to the deaths, friends and coworkers visited the mourning families to offer condolences.

Warsaw ‘cab guy’ killed in car crash

Warsaw, IN - A Warsaw cabdriver who died in a one-car car crash late Tuesday was a hard-working man whose grizzly-like appearance belied a tender heart, according to a longtime friend. Roger L. Calvert, 49, was driving a 1996 Chrysler van southeast on North Lake Street near Fox Farm Road on the west edge of Warsaw about 11 p.m. when he drove off the northeast edge of the road, Kosciusko County police said. The van traveled over two small parking lots before it crashed through a fence and struck several propane tanks at AmeriGas, located along North Lake Street.

Construction Worker Killed in Fort Valley

Fort Valley, GA - A construction worker was killed in Fort Valley during an accident at the job site. The man was working for Garrison Construction near Highway 49 North in Fort Valley when police say there was an accident involving a backhoe. The accident happened this morning after 7:00 am. The victim was taken to Peach Regional Hospital where he was pronounced dead. The man has not yet been identified because police are trying to notify his family. The driver of the backhoe has submitted to a blood test and at this time no charges have been filed.

Two Arrested In Killing Of Tenn. Trooper

Nashville, TN - Officer Killed After Traffic Stop; Suspects Arrested At Hotel Near Nashville. State officials said Sunday they had arrested two people they believed were responsible for the killing of a state trooper who was shot during a traffic stop in western Tennessee. The 24-year-old trooper pulled over two men and was trying to get them out of the vehicle Saturday night when he was shot twice, according to footage from the patrol car's video camera. At least one bullet struck him in the head, said Mike Browning, a Department of Safety spokesman. On Sunday, two men were “arrested without incident” at a hotel near downtown Nashville, said Tennessee Bureau of Investigation spokeswoman Jennifer Johnson. TBI director Mark Gwin said “after interviewing the two men we feel confident we have the two people in custody that murdered the state trooper.” Hunters found Trooper Calvin Jenks' body beside his patrol car near the intersection of state highways 14 and 54, Browning said.

Tractor accident kills Union Co. man

LIBERTY, Ind. — A Union County man was killed Saturday in a farm tractor accident. Joe Thibaut, 38, of Industrial Park Road, was dead at the scene after he was run over by a large, dual-wheel tractor, Union County Coroner Bill Havens said. The accident occurred around 6 p.m. on a farm at 5420 E. State Road 44, Havens said. Thibaut and farmer Steve Posco were trying to jump start a Case Agri King tractor using another vehicle, Havens said. When the tractor started, it lunged forward, knocking Thibaut underneath the rear wheels, Havens said. Thibaut died from trauma to the chest and head, Havens said. Union County Deputy Dale Dishmond said the accident remains under investigation.

Fallen officer honored

BONHAM, TX — Silence and sobs spoke volumes Sunday night around the Fannin County Sheriff’s Office as people clung to each other for support. They were there to honor a fallen officer, Fannin County Sheriff’s Office Deputy Rahamy Mitchell. Fannin County Deputy Rahamy Mitchell, 38, died early Sunday in the line of duty. Mr. Mitchell and other deputies responded to a 1:15 a.m. call for help from Leonard police regarding a disturbance in progress. Mr. Mitchell was “going code,” which is a word used to describe in a hurry, traveling on State Highway 11. He never made it to Leonard.

McKinney pilot killed in plane crash

Batesville, Ark. - Independence County Sheriff's Office officials, of Batesville, Ark., confirmed that a McKinney husband, father and pilot was one of two Texas men who died in a plane crash last Thursday. Capt. Bill Lindsey, of the ICSO, confirmed that Craig Meyer, 26, of McKinney, and Joel Diffie, 40, of Terrell, were found around 1 p.m. Friday in the wreckage of a plane crash a mile east of the Batesville Regional Airport. Their plane, a Cessna 182-R operated by Barr Air Patrol LLC of Mesquite, which conducts aerial inspections of oil pipelines for Exxon-Mobil, was reported missing Thursday afternoon after it left Joliet, Ill., headed for Beaumont. The last contact with the plane occurred in Ripley County, Mo. The cause of the crash is still under investigation by the ICSO and the National Transportation Safety Board.

Family mourns loss of ferry worker

GRAFTON, IL -- A city is mourning the loss of one of its own, killed on the Grafton Ferry two days ago. Raymond Eugene "Gene" Ready, 62, died on Saturday afternoon doing his job. Ready died from injuries he suffered when a sport utility vehicle leaving the ferry struck and killed him. Ready died doing what he loved. "He loved working and he loved being around people," Lori Crowe, Ready’s stepdaughter, said. Authorities were notified at about 4:34 p.m. that a pedestrian had been hit by a Land Rover Range Rover deboarding the ferry. The Jersey County Coroner’s Office pronounced Ready dead at the scene at 4:45 p.m. The Jersey County Sheriff’s Department, the Grafton Police Department, Jersey County Ambulance, QEM Fire and Rescue, Illinois State Police, the Illinois Department of Natural Resources and the U.S. Coast Guard responded to the scene.

Employee found dead at restaurant

CLINTON, S.C. Police are questioning someone today in the death of a worker whose body was found in a Burger King restaurant. Clinton Public Safety director John Thomas says 27-year-old Richard Allen Wideman of Laurens was found this morning lying on the floor in the back of the restaurant. Wideman had been shot three times and a had a knife wound across his throat. Thomas would say only that investigators are interviewing a (quote) "person of interest." Thomas says Wideman may have known his assailant. There was no evidence of a break-in.

Employee Of Supplier Transporting Hydrogen Killed in Explosion at Muskingum River Plant

COLUMBUS, Ohio, -- An explosion this morning at American Electric Power's Muskingum River power plant killed an employee of a supplier delivering hydrogen to the plant. The identity of the victim, who worked for General Hydrogen, is not available at this time. The cause of the 9:20 a.m. explosion is unknown and under investigation, but the plant boilers were not involved, and the explosion was outside the walls of the plant. The plant has five generating units. Four of the units are still operational. Unit 5 is offline pending the investigation of the explosion. The plant is located near Beverly, Ohio. Nine AEP employees were transported to five local hospitals for evaluation and treatment of injuries. None of the injuries is life threatening.

Fellow officers mourn loss of friend

PATERSON, NJ -- The Franklin family, well-known for their contributions and sacrifices to this city, made the ultimate one early Sunday morning; their son, Tyron D. Franklin, was killed in a robbery attempt just a week shy of his 24th birthday. Franklin's death had an impact on many lives in Paterson -- first and foremost those of his family and the 16-month-old son he left behind. But the city's uniformed services were also hit hard: both the police department Franklin served as a rookie patrolman and the fire department his father, Larry Franklin, retired from as the first black captain in the department's history.

Probe Underway at Georgia Plant

DALTON, Ga. -- Dalton firefighters on Monday continued to extinguish small pockets of fire, more than 48 hours after the start of a blaze that killed an employee and gutted much of a business here. Dalton Fire Chief Barry Gober said investigators likely would begin combing through rubble today at Columbia Recycling Corp. at 1001 Chattanooga Ave. "In my 28 years with the fire department, this is a top 10 major loss," he said. "In scope, size and scale, it's a major loss." Leonel Delgado, 22, who was working at the textile waste recycling firm when the fire broke out early Saturday, died of smoke inhalation, Whitfield County Coroner Bobbie Dixon said.

Market's clerk shot in head, Victim in attempted robbery in North Side stabilized after surgery

Richmond, VA - An employee at Hanes Market & Deli in Richmond's North Side was shot in the head last night during a robbery attempt after another store worker struggled with the gunman, Richmond police said. Medics rushed the victim to VCU Medical Center after the 8:41 p.m. shooting inside the store at 3008 Hanes Ave, at the corner of West Brookland Park Boulevard. At the scene, shortly after the shooting, Richmond police supervisor Capt. Michael Shamus said the victim's wound appeared to be life-threatening. Late last night, Shamus reported the victim was out of surgery and stabilized. "Very fortunate," Shamus said.

City Employee Killed In Ice Storm

A 25-year-old Houston city employee was killed when he was hit by a car while helping guide traffic around another traffic accident.

Delta man dies in mine accident

SOMERSET, CO — A Delta coal miner died in an accident Saturday in the Elk Creek Mine near Somerset, according to Delta County Coroner Chalmer Swain. Swain identified the victim as 26-year-old Jeremy Garcia. Jim Cooper, executive vice president of Oxbow Mining, the owner of the Elk Creek Mine, said he had spent much of the weekend with Garcia’s family. He was married and had two young children, Cooper said. Garcia had 2 1/2 years of experience as an underground miner and had worked at the Elk Creek Mine since September as a utility man on the continuous miner section, Cooper said. The accident occurred about 12:30 p.m. when Garcia went to an area where supplies are stored to get some wire screen that is used for roof support to keep small materials from falling on miners, Cooper said. According to a press release from Oxbow, when Garcia cut the metal band securing the screen material to the mine wall to get a portion of it, the whole bundle fell on him. “When the miner cut the metal band holding the bundle of screen together, it released outward striking him,” a press release from Oxbow stated.

Guard dies at Deseret Depot

UT - A 26-year employee of Deseret Chemical Depot collapsed and died Sunday at noon in the facility's parking lot. Terry Stonebreaker, 56, of Lehi worked at the depot as a security guard. He had just finished his shift when he collapsed. Emergency personnel were called in and he was taken to Mountain West Medical Center where he was pronounced dead. Stonebreaker leaves behind a wife and three children. Alaine Southworth, spokeswoman for the depot, said Mr. Stonebreaker suffered from an undisclosed medical condition.

Worker Dies At Bonaventure Country Club

BONAVENTURE, FL - A worker at the Bonaventure Country Club died after the tractor he was driving ran into a lake at the golf course. The landscaping contractor was mowing the lawn, when the tractor he was using tipped over, dumping him into the water. The Broward Sheriff’s Office is investigating the incident. They don’t know how long the victim had been in the water before other workers at the golf course found him inside the lake. Paramedics transported him to Broward General Medical Center, where he was pronounced dead. The victim’s name has not been released. The golf course is located at 200 Bonaventure Blvd.

Remembering the life of Officer Fumiatti

New Haven, CT - Officer Robert Fumiatti grew up in West Haven. His father was also in law enforcement as a detective on the New Haven police department. Fumiatti graduated from West Haven high school in the late 80's. He was a hockey player on the varsity squad. That love for the ice stayed with him as an adult he coached the boys hockey team for Amity high school. His positive spirit is remarkable considering what he's been through. For the last five years officer Fumiatti's life was full of challenges. In June of 2002 Fumiatti was shot in the line of duty. A drug raid in New Haven turned violent, a suspected drug dealer shot the officer in the face and neck. With prayers and medical technology Fumiatti fought back. Spending months in recovery enduring a long battle both physically and mentally. One of the bullets forever lodged in his brain, a pacemaker monitoring his heart.

Fallen Indiana Firefighter Smothered

Forte Wayne, IN - Upland volunteer firefighter Sidney Hall died after being deprived of oxygen while trapped inside a burning house last week, the Allen County coroner announced Tuesday. Hall, 52, died following a Wednesday house fire at 7056 E. 100S. He fell through a floor and was trapped, perhaps for as long as 20 minutes, before being rescued. He died Thursday at Parkview Hospital, Fort Wayne, where he was flown following the fire. Dick Alfeld, the chief investigator for the Allen County coroner's office, said the official cause of Hall's death was hypoxia and asphyxiation due to position. "Basically, he couldn't breathe because he had pressure on his chest," Alfeld said. "It was an accident."

Employee fatally shot outside Mount Pleasant newspaper office

MOUNT PLEASANT, MI — A 30-year-old newspaper advertising representative was shot to death Tuesday in a parking lot outside the Morning Sun offices after police said she was rammed and flipped over in her vehicle. Police said they later arrested Thomas Daniel Babb, 37, in the death of his wife, Mary Lynn Babb, after he drove into a ditch near Evart in Osceola County. Police said the victim had a personal protection order against her estranged husband. Authorities said they believe Thomas Babb was waiting outside the Morning Sun offices about 4:30 p.m. when his wife drove her sport utility vehicle into the parking lot, the Mount Pleasant newspaper reported. Witnesses told police the suspect then rammed Mary Babb's SUV with his pickup truck, pushing her vehicle across the parking lot and causing it to roll over onto its top.

Driver killed in tractor-trailer crash

Joplin, MO - Edward F. McMurray, 67, of El Dorado Springs died when his tractor-trailer cab went off the road and caught fire Monday in Newton County, the Missouri Highway Patrol said. His southbound 1997 Kenworth reportedly went into a median between two bridges, vaulted into a creek bed and caught fire. The crash was reported after 1:15 p.m. on U.S. 71, five miles south of Joplin.

Family of city worker killed on the job to file suit

Houston, TX- The family of a City of Houston worker killed during Wednesday’s bad weather has hired an attorney and plans to file suit. The accident happened on Highway 59 at San Jacinto River in north Harris County. Police say Jerry Hines was operating a sand truck when he and his partner spotted an accident. Hines attempted to direct traffic around the accident when another came along and hit him, sending him over the San Jacinto River Bridge. Hines had worked for the city for 14 months. He leaves behind a wife and one-month-old baby.

NC officer dies during foot pursuit

HOPE MILLS, N.C. -- A North Carolina police sergeant died Thursday after collapsing while chasing a suspect. Authorities say Sergeant James Keith Hardin, 34, was running along US 301 at the time with a K9 and another officer. According to the Cumberland County Sheriff’s watch commander, suspect Ricky Allen Wilson, Jr., was captured on Thursday at 5:25 p.m. He was wanted on a misdemeanor charge of unauthorized use of motor vehicle. He’s now also charged with felony speeding to elude arrest. Hardin, who had been promoted from corporal to sergeant in July, is survived by his wife, Shelly, and two children.

Worker found shot to death at car dealership

North Lawrence, NY - The day after one of the top salesmen at a North Lawrence car dealership was shot dead, detectives Friday said they had no motive or suspect in the killing. Nassau police said Collin Thomas, 27, of Jamaica, Queens, was shot once in the back about 8:50 p.m. Thursday, shortly before he was to help close Universal Auto World on Burnside Avenue. Investigators combed the site for clues Friday, cordoning off the entire block with tape and allowing canine units to sniff the fleet of pre-owned luxury cars and sport utility vehicles. "At this point in time, our investigation is in its infancy stages," said Det. Lt. Michael Fleming, commander of the homicide squad, who said relatives and friend of Thomas were interviewed Friday. "We do know he was shot once in the back. That was a fatal shot."

Two killed in fiery Van Nuys plane crash

NORTH HILLS, CA - Two pilots died Friday in a ball of flames when their corporate jet crashed after taking off from Van Nuys Airport, authorities said. Witnesses watched in horror as the twin-engine Cessna Citation "wobbled" before banking away from homes and plummeting into a grassy lot north of the airport just before 11 a.m. Some saw a baggage door open during takeoff. Others saw a man jump out of the plane just before it crashed.

Man Killed by Forklift To Be 'Deeply Missed'

LAKELAND, FL - Roy Eugene Davis had put in nearly 30 years at Central Maintenance & Welding Inc. before he retired on New Year's Eve. The 64-year-old Lithia man returned to work Tuesday, on a part-time basis, to assist in a project at Mosaic's New Wales plant on State Road 640. Davis, the nighttime safety coordinator on the project, was hit and killed by a forklift carrying a bucket about 6:45 p.m. Tuesday, the Polk County Sheriff's Office said.

Worker killed in fall at REP, Man slipped off ledge while cleaning at mill

LORAIN, OH — A 35-year-old father of twin girls fell 120 feet to his death Friday morning in an industrial accident at a Lorain steel mill. Jose M. Diaz was working as a contract cleaner at Republic Engineered Products, 1807 E. 28th St., when he slipped off a narrow ledge and fell, according to a police report. Diaz was an employee of Superior Environmental Solutions, a Cincinnati company hired to provide cleaning services throughout the massive complex formerly known as USS/Kobe Steel Co.

Two more Burger King workers killed months after Lindenhurst murder

CHICAGO, IL -- Pam Branka would often talk about the recent murder of an employee at a Burger King in Lindenhurst, but she never believed the same fate could befall her at the Burger King where she worked for 15 years in a small northeast Illinois community, her husband said. The 46-year-old mother of one and another employee of the Burger King in Momence, about 50 miles south of Chicago, were found dead inside the fast-food restaurant early Saturday, Kankakee County Coroner Robert Gessner said. He identified the other victim as Paul Jones, 49, of Donovan.

Two W.Va. Miners Killed At Coal Mine

McDowell County, WV - Two miners (James D. Thomas, 48, of North Tazewell, Va., and utilityman Pete Poindexter, 33, of Rock) are dead after another tragedy at a West Virginia coal mine. It happened at the Brooks Run Mining's Cucumber Mine in McDowell County, W.Va. The news came just weeks after the nation remembered the one year anniversary of the Sago Mine disaster. The accident marked the first mining deaths of 2007. Officials said the miners were trapped and killed around 10:30 a.m. Saturday, while working to remove pillars of coal. Investigators are still working to determine whether it was one of the pillars or the roof that collapsed. Local lawmakers said it's eerily tragic news so soon after the governor's State of the State address, where mine safety was a key issue. "No matter what, it's a horrible tragedy but if we find that it's something that could have been prevented, then maybe we can act quickly and make sure that no other families have to go through it in the future," said Majority Leader Joe DeLong (D).

Death of nurse at hospital being probed

PARAMUS, NJ -- Authorities were investigating the death of a Bergen Regional Medical Center employee who died on the job early Saturday, police said. Dennis Bombardier, 33, a head nurse at the hospital, was found in his office and in "medical distress" by another employee around 4:30 a.m., Bergen County Police Capt. Kevin Hartnett said. The Mahwah resident was taken to the hospital emergency room where he died three hours later, Hartnett said. The cause of death is pending the completion of an autopsy.

Paramedic dies after Boone wreck

Boone, WV - A 30-year paramedic died in a Charleston hospital Sunday after being injured in a head-on collision Saturday in Boone County. Tennille Annette Davis, 30, of Belle died at CAMC General Hospital, where she underwent surgery Saturday. She was airlifted to the hospital after being extricated from her pickup truck, said David Kieffer, a captain with the Kanawha County Ambulance Authority. Davis was en route to teach an Emergency Medical Technician class in Boone County when the accident occurred at about 9:30 Saturday on W.Va. 3 in Racine. An employee of the Kanawha County Ambulance Authority since 1999, Davis had reached the highest skill level — a critical care transport paramedic — and was a field training officer

Man killed when tractor flips

Boyd Lake, CO - A 60-year-old Larimer County farmer was killed in a freak accident this morning when the tractor he was using to pull a pickup from deep snow overturned and crushed him. Larimer County sheriff's spokesman Don Nadow said the man, whose name hasn't been released, was going goose hunting with two other men when their pickup became stuck in a field northeast of Boyd Lake.

Female cab driver shot to death in La Marque

LA MARQUE, TX — Police are investigating the shooting of a taxi driver who they believe was killed by the last person she gave a ride to. A passing motorist found Raneshia Lyshaun Kelly, 28, of Hitchcock, bleeding to death in her taxi along the northbound Interstate 45 feeder road near Century Boulevard about 3 a.m. Sunday. The motorist had pulled over to check on the driver after she saw the maroon taxi van weave on the road, go across the grass median and hit the I-45 guardrail. Kelly was dead by the time police and EMS workers arrived.

Clerk killed in robbery at Forest Heights 7-11

Forest Heights, MD - A clerk at the 7-11 on Livingston Road in Forest Heights was killed Friday evening during a robbery that police spokesman Cpl. Steve Pacheco said showed a ‘‘total disregard for everything.” An unidentified suspect armed with a shotgun entered the 7-11 sometime before 9 p.m. Friday and demanded money from store employee Bekurestsion K. Gebreamlak, who was behind the counter. During the course of the robbery, the suspect shot 57-year-old Gebreamlak in the upper body, before fleeing.

Grinnell Medical Center Worker Dies

Grinnell, IA - A 42-year old worker at Grinnell Regional Medical Center died Monday. The hospital says Randy Criswell was using a lawn tractor with a snow blade to remove snow from the one-story helipad. The machine cleared the five-foot safety net and landed on the ground, more than 17-feet below. Officials say further details about how it happened aren't known at this point. Criswell had major head and chest injuries. An autopsy will be performed Tuesday.

Two Idaho Statesman Newspaper Carriers Killed

Canyon County, Idaho -- The Idaho Statesman is mourning the tragic loss of two of their newspaper carriers. Gene and Darlene Sell died in an early morning accident in rural Canyon County while delivering papers along their regular daily route. Just before 4 a.m. Monday, Cindy Hess woke up to a loud noise outside her bedroom window. "Sounded like thunder," she said. That thunder was the sound of a deadly accident. Idaho State Police say a pickup truck ran a stop sign at Hollow and El Paso roads in rural Canyon County and collided with a semi-tractor hauling a milk tanker trailer. The impact knocked the street sign off the pole, uprooted one of the trees in Hess' yard, and ejected the man and woman inside the pickup. Gene Sell, 73, and his wife, Darlene, 68, weren't wearing their seatbelts and died at the scene.

Police name man killed in industrial incident

Salina, KS - The man killed Monday morning while working on a loader at Hronek Salvage, 146 S. Cherry, was identified Tuesday as Stanley Beckner, 61, 146 S. Cherry. Mike Marshall, deputy Salina police chief, said Beckner was working on the loader shortly before 11 a.m. Monday when the hydraulic arms suddenly lowered. Beckner was trapped between the lift arms and the frame of the loader, Marshall said.

One worker killed, two others seriously injured in shredder

Seattle, WA-An industrial accident at a South Seattle scrap recycler that shreds metal from cars killed one employee and left two others hospitalized with serious injuries Wednesday. The three Seattle Iron & Metals Corp. workers were preparing to repair the recycler's massive car shredder when a metal service platform they were installing shifted, pinning them inside the machine, authorities said.

One person dead in Palatine fire

IL-The owner of a Palatine auto repair shop was killed Thursday when a fire ravaged his business, fire officials said. Michael Kipnis, 40, of Lake Zurich was the lone fatality in the blaze; 12 others - one person from the auto shop and 11 employees from another business that shares the same building - safely escaped.

Cooper Tire Worker Killed

Texarkana, AK- A long-time employee at Cooper’s Texarkana, Ark., plant was killed Jan. 16 when, according to news reports, he was struck by a piece of falling equipment. According to Cooper it was the first fatality at the plant in its 42-year history Construction worker dies in drilling accident

Long Island Rail Road worker is hit by train, dies; many delays

VALLEY STREAM, N.Y. (AP) _ A railway track worker was struck by a train and killed Wednesday, delaying service on several branches of North America's largest commuter rail system. The Long Island Rail Road worker was hit at 9:55 a.m. just west of the Valley Stream station by the 9:12 a.m. westbound train from Babylon to Manhattan's Pennsylvania Station. He was airlifted to a hospital, where he died.

Highway worker dies on road

College Station, AR-A state Highway and Transportation Department worker re-moving a dead animal from southbound Hwy. 67/167 about a quarter mile south of the on-ramp at Redmond Road Tuesday morning was struck and killed by a passing motorist. The AHTD employee was identified as Jerome Harris from College Station, according to Glenn Bolick, a spokesman for AHTD. Harris was pronounced dead at the scene of the accident, according to Bolick. The driver of the vehicle that struck Harris was identified as D. Lance Smith of Evening Shade. Smith was driving south in a 1994 Ford pickup on Hwy. 67/167 near Redmond Road when he struck Harris.

Tree Trimmer Dies After High Wind Knocks Down Limb

A tree trimmer was killed by a falling limb in Arlington yesterday, an apparent casualty of the high winds that raked the area. The worker, who was not identified immediately, was part of a seven-member crew from a private service that was trimming trees behind a house, authorities said. While crew members were rigging a tree to be trimmed, "a large gust of wind blew," according to a statement from Arlington authorities. Crew members heard "a large cracking sound," and a big branch broke from a tree and fell about 70 feet.

The workers tried to flee, but one was struck on the head by the falling branch. He was pronounced dead at the scene. His name is being withheld until relatives could be notified.

Man who died on job named

KALIHIWAI, HA — The Hawai‘i Department of Transportation yesterday announced the name of a man who was killed working on the job this week.

Johnathan Hirata, 30, of Wailua, died after cutting down a tree near Kalihiwai bridge on the mauka side in Kilauea around 1 p.m. Wednesday. Hirata had been part of the maintenance crew for more than seven years. His family was notified of his death Wednesday night.

Warehouse Worker Killed When Run Over By Payloader

CHICAGO, IL -- Authorities are investigating the death of a Lake Station, Ind., man at a Chicago warehouse where he worked. Authorities said 48-year-old Craig Harlacker was run over Wednesday night by a payloader driven by a fellow Kinder Morgan employee. A report from the Cook County Medical Examiner's Office said the driver was apparently blinded by a mercury vapor light. The report states that Harlacker was wearing a hard hat with sound suppressors and may not have heard the payloader approaching.

Worker Dies After Falling from Roof

Fort Wayne, IN -- A Fort Wayne construction worker (Brandon J. Bragg, 26,) fell to his death Thursday morning, while finishing up a roofing project in DeKalb County.

Just before 9:30, crews were working on the building that now houses the Garrett Christmas Bureau. The building previously served as a church, and has steep roofs. The new roofing project was nearly complete, when a worker slipped and fell.

"There were two ladders going up to the roof with the scaffolding across and apparently he slid on to that and bounced off the scaffolding and fell to the ground," Garrett Police Detective Sterling Robbins II told NewsChannel 15.

10-Hour Effort Fails To Save Trapped Worker

BLOOMINGDALE, Ill. -- Russell Gusloff of 904 Colfax Ave. was pronounced dead on the scene at 12:38 a.m. Thursday at Graber Concrete Pipe, 24W121 Army Trail Road in Bloomingdale, according to DuPage County Chief Deputy Coroner Charlie Dastych. "It was an extremely technical extrication," according to the firefighter, who said outside companies that specialize in rescues were brought in to help.

Upon arrival, crews were notified that an employee was engulfed by sand in a hopper located about 40 feet up on top of the building, according to a release from the district. After about an hour, the rescue was turned into a recovery effort because part of Gusloff’s body was exposed and showed "no signs of life," the firefighter said.

Police identify accident victim

SANDPOINT, ID -- The victim in Tuesday's deadly industrial accident at The Seasons resort development has been identified as Washington state resident Ezra D. Gordon. Sandpoint Police released the man's identity on Wednesday and a federal labor safety inspector investigated accident site. Authorities on Tuesday listed Gordon's age as 24, but he was actually 25.

Police Chief Mark Lockwood said Gordon lived in the Spokane area and was working for Crux Subsurface, a Spokane Valley firm which specializes in geotechnical drilling services. Crux was doing work for developers of the waterfront condominium and marina project, but Lockwood had no further details on the nature of Crux's work at the site. Gordon was part of a three-man crew using a track-mounted drilling machine when his clothes became entangled in the drill. "His clothes got caught in the apparatus and it pulled him in," Lockwood said.

Worker buried alive while filling a sewage trench

Mission Bluff, TX -- A construction worker was critically injured after accidentally being buried alive while filling a sewage trench in Fort Bend County. The unidentified man was working in the trench at a construction site near Mission Bluff late this afternoon when other construction workers began filling the trench, apparently covering him before anyone realized he was there, said Terriann Carlson, spokeswoman for the Fort Bend Sheriff's Office.

As soon as workers realized what had happened, they began digging the man out, but "he was down there for a good length of time," perhaps 20 to 30 minutes, Carlson said.

Police ID worker who died after falling down elevator shaft in Fort Lauderdale

FORT LAUDERDALE, FL -- A 42-year-old Lake Worth man died Tuesday after he fell 60 feet down an elevator shaft while working at an oceanfront hotel construction site, officials said.

Ronald D. Mc Rostie, a subcontractor and mechanic was getting ready to test elevator cars at the St. Regis Resort when the accident occurred around 2 p.m., Fort Lauderdale Fire-Rescue spokesman Stephen McInerny said.

The man went to work on an elevator he thought was on the seventh floor, opened the doors with keys and fell down the elevator shaft onto the car, which was on the first floor, McInerny said. The man worked for Schindler Elevator. Company officials could not be reached for comment.

Unclothed Worker Dies After Four-Story Plunge

A naked construction worker fell about four stories to his death early yesterday at the work site for a new downtown museum, D.C. police and fire officials said.

Joseph Oliver, 23, of La Plata was discovered about 6 a.m. in the basement elevator shaft area of the Newseum, which is being built at 555 Pennsylvania Ave. NW, officials said. Authorities said it was unclear why he was naked.

Maintenance worker dies as tractor traps him underwater in Weston

Fort Lauderdale, FL - Detectives from the Broward Sheriff's Office are investigating the death of a landscape maintenance worker, who was trapped underwater after his tractor tumbled into a pond on a Weston golf course.

Apparently, Carlos Carbena, 43, was operating a John Deere tractor with a mower attachment, cutting the grass, when the tractor lost traction and slid into the water, overturning and trapping him underwater.

Town official is killed by tree; Sturbridge man was an assessor

STURBRIDGE, MA -- A longtime town assessor and businessman died Monday afternoon shortly after a tree he was cutting down fell on him, police said.

Donald H. Mapplebeck, 67, was taken by ambulance to Harrington Memorial Hospital in Southbridge, where he died a short time later. He suffered severe trauma, Police Sgt. Kevin R. Mercier said in an interview yesterday.

Mr. Mapplebeck and his co-worker were taking down pine trees in the backyard at 67 Walker Pond Road when the accident happened just before 2:30 p.m., the sergeant said. A very large tree that was being cut down struck another tree as it fell, which redirected the path of the falling tree. Two police cruisers and an ambulance arrived within five minutes.

Pastor Fatally Shot In Prince George's

Suitland, MD -- A well-known Prince George's County minister who runs a transitional home for poor families died yesterday after being gunned down on the steps of his church in the morning.

The Rev. Milton L. Moore was outside the entrance of the Warriors for Christ Ministries in Suitland about 7 a.m. when he was struck in the upper body and bullets shattered a glass door, police and relatives said. He died at 4:25 p.m.

FBI Agent Killed While Training

BOWLING GREEN, Va. -- An FBI agent was killed Wednesday during a live-fire training exercise, the agency said. Supervisory Special Agent Gregory J. Rahoi, 38, of Wisconsin, was shot Wednesday during the exercise at Fort A.P. Hill, a sprawling Army base about an hour south of Washington.

Truck Driver Killed, Family Injured In Overnight Collision; One Truck Rear Ends Another On Bishop Ford Expressway

CHICAGO, IL -- The driver of a tractor-trailer truck was killed when the big rig he was driving rear-ended another semitrailer stopped in traffic on the Bishop Ford Freeway. Five others were badly hurt -- including his wife and three children -- in the collision early Wednesday on the South Side.

William Cummings, 65, of Springfield, Mo., was pronounced dead at 1:55 a.m. at Advocate Christ Medical Center in Oak Lawn, according to a spokesman from the Cook County Medical Examiner's Office.

Bear-area motel worker killed in fall from ladder

Wilmington DE -- A worker was killed Tuesday when he fell 12 feet after climbing an extension ladder to a Bear-area motel roof to make repairs. Ramesh Patel, 44, who lives at the motel, was pronounced dead at the scene, said state police spokesman Cpl. Jeff Whitmarsh.

Firefighter dies on duty Long 'very religious and very dedicated to his family'

Charlotte, VA -- A veteran Charlotte firefighter died Friday night on duty while exercising, fire officials said. Just before 6 p.m., firefighter Kent Long, 44, collapsed at Charlotte Fire Station # 23 on W.T. Harris Boulevard. "He was a fine outstanding young man, very religious and very dedicated to his family," said Charlotte Fire Chief Luther Fincher Jr. Fincher said Long had gone out to do some windsprints between the firestation and a nearby church. A passerby noticed Long in the grass outside the station, Fincher said. Fellow firefighters began resuscitation efforts along with an on-duty medic crew. Long was rushed to Carolinas Medical Center where continued efforts to resuscitate him were unsuccessful.

Man Killed When Tree Falls On Him In New Jersey

JAMESBURG, N.J. -- A man who works at a tree removal company was horrified when a tree he was taking down struck a second tree, which fell and killed his son on Wednesday. Jerrold Love, 28, was killed in what police are terming a tragic accident.

"I saw the tree go down and hit the other tree, and I said, 'Please don't let anybody be over there,"' neighbor Robert Cunha told The Star-Ledger of Newark for Thursday's newspapers. "Then I heard the screams."

Shipyard worker dies of Dec. 5 gunshot; co-worker charged

MOBILE Ala.-- A shipyard worker shot in the head in a dispute with a co-worker on Dec. 5 has died. Police said Travis Baldwin, 25, of Fairhope died Thursday from his injury.

An assault charge against the co-worker, LeKelvin Carlton, 27, of Mobile, in custody since the shooting, has been upgraded to murder. Carlton surrendered to police a short time after the shooting. Baldwin was shot at Austal U.S.A. Shipyard in Mobile following an argument with Carlton over tools, police said.

$10,000 reward for clerk's killer Cops check tips

Aurora, CO -- A $10,000 reward is being offered by 7-Eleven for information leading to the conviction of the man who shot and killed a store clerk in Aurora on Sunday morning. The homicide investigation is the top priority for Aurora police, with several investigators assigned to track down dozens of tips that have come in, Detective Robert Friel said Tuesday. There has been no arrest so far.

"There are so many directions to go in," Friel said. "It's a big spider web." Jutte Gallegos Burton, 62, who worked an overnight shift at the 7-Eleven at East Sixth Avenue and Havana Street, was murdered behind the counter at the store at 3:08 a.m. Sunday.

Surveillance video shows the clerk and the gunman looking at each other and having a conversation that lasts about one minute. The man then pointed a shortened shotgun at her and pulled the trigger. Gallegos Burton tried to run into a manager's office behind the store counter, Friel said. She was shot once in the back.

Postal workers remember slain supervisor and dead carrier

San Francisco, CA -- More than 50 U.S. Postal Service workers held an unusual vigil Wednesday to remember both a slain San Francisco postal supervisor and the colleague police believe killed her and took his own life.

Genevieve Paez, 53, a customer service supervisor at the Postal Service annex on Napoleon Street in the Bayview district, was shot in the back of the head outside her home Nov. 28 as she was leaving for work.

Police believe a letter carrier who worked for her, 39-year-old Julius Kevin Tartt of South San Francisco, shot Paez, possibly because he was angry she had sought disciplinary action against him. That baffled co-workers at Wednesday evening's vigil, some of whom said Paez and Tartt had a long, friendly relationship. More here.

HIGHWAY WORKER KILLED

Columbus, WI -- Columbia County highway worker Nick B. Price, 41, was killed Tuesday in a freak accident while working with a crew near the intersection of highways 151 and 73 in Columbus, the Columbia County Sheriff's Office said.

Price and others were part of a crew mowing the ditch along U.S. 151 when one of the vehicles being used got stuck in mud, the Sheriff's Office said. A second vehicle was brought to the scene to pull the stuck vehicle free, and while that was being done Price was hit in the head by a cable and suffered fatal injuries.

Price was married and the father of a daughter.

T-shirt shop owner killed in robbery

St. Louis, MO -- The owner of a small T-shirt shop in St. Louis was shot and killed this morning during a robbery at his store, police said.

The shooting took place about 10:45 a.m. in the 4600 block of St. Louis Avenue, at Cora Avenue. The victim was identified as Jesse Taylor, 73, of Bellefontaine Neighbors. He was pronounced dead at the scene.

Shooting rampage kills 3 - 2 strip club employees among dead

NEW BEDFORD, MA - At about 7 Monday evening Irene Thomas, inside a friend's tanning salon, heard a ruckus outside the Foxy Lady strip club next door. She went outside and saw two club employees, manager Tory C. Marandos and bouncer Robert Carreiro, arguing with a third man she didn't recognize.

"I'll be back for you and you and everybody," the man shouted. She shrugged it off as just another barroom dispute.

Five hours later, at closing time, a man walked into the club and went on a shooting rampage. He wielded an assault weapon and wore dark, paramilitary-style clothing. When it was all over, Carreiro, 32, of New Bedford, and Marandos, 30, of Nashua, N.H., were dead. Their killer, Scott C. Medeiros, 35, of Freetown, apparently took his own life, the police said. (More here.)

Friends, customers mourn slain Shoreline convenience store clerk

SHORELINE Wash.-- Relatives, friends and customers are mourning the unexplained killing of a convenience store clerk, an immigrant who helped support his ill father in this suburb north of Seattle.

King County sheriff's Sgt. John W. Urquhart said a customer found the man's body just after 4 a.m. Sunday on the sidewalk in front of the 7-Eleven store where he worked the night shift. Investigators have not determined who might be responsible, nor was anything missing, Urquhart said.

Ho Viet Ton, 49, was shot while sitting outside the store on a cigarette break within sight of the Shoreline Police Neighborhood Center across the street, but surveillance videotape provided no useful clues, Ron Conlin of 7-Eleven Inc. said Monday.

Deer comes through windshield, kills truck driver

Odell, Neb. -- In a bizarre traffic collision near Odell, Neb., a deer smashed through the windshield of a semitrailer truck, striking and killing the driver.

The deer had a broken leg, probably from being hit by another vehicle, and jumped into the path of the truck as it drove west on Nebraska Highway 8 just before 6 p.m. Thursday, said Gage County Sheriff's Deputy Larry Kendall said. The deer struck the hood of the semi, went through the windshield and into the cab.

The driver, 34-year-old Travis Hedman, of Morganville, Kan., was killed. After the collision, the truck went into a ditch, into a field and then rolled onto the passenger side, according to the Sheriff's Office.

Emergency crews found Hedman and the deer, both dead, in the cab of the truck, Kendall said. Hedman, who worked for Carlson Trucking Co. out of Clay Center, Kan., had been transporting a load of pipe on a flatbed trailer.

LaPorte man killed in accident at work

Authorities have identified the man who was fatally injured in Bertrand Township early Wednesday while working on his semi-truck and trailer as John P. Bryan, 33, of LaPorte.

The vehicle reportedly rolled over on Bryan as he was performing maintenance on it shortly before 5:30 a.m. in the parking lot of the DHL Worldwide Express terminal at 2121 Chicago Road, just southwest of Niles, the Michigan State Police post in Niles reported. Bryan was an independent contract carrier who worked for Werner Enterprises, DHL said.

Construction Worker Falls To Death

A construction worker on a condo remodeling project fell to his death Thursday morning. At about 8:40 a.m. police responded to a report of a fall at the Tequesta Towers Condominium at 400 Beach Road. Jose Caliz, 41, of Jupiter was working on a balcony renovation when he fell 10 stories, police said. He was flown to St. Mary's Medical Center, where he was pronounced dead. The Fort Lauderdale office of the U.S. Occupational Safety and Health Administration is conducting an investigation, Area Director Luis Santiago said, but no details about the incident were available Friday.

Five workers killed in head-on collision near Modesto

OAKDALE Calif. -- A pickup truck slammed head-on into a car on a San Joaquin Valley road, killing five people on their way to work, the California Highway Patrol said. Four of the victims were related.

The truck's driver, Justin Chase Christensen, 26, of Oakdale, was the only survivor of Thursday's crash, said Highway Patrol Officer John Martinez. Christensen was arrested at the hospital, where he remained hospitalized with major injuries and was under 24-hour guard.

Martinez said the CHP will recommend to prosecutors that he be charged with five counts of vehicular manslaughter and driving under the influence of alcohol or drugs. Christensen remained hospitalized Friday. The CHP said his blood tested positive for alcohol and heroin.

The five people killed were not all identified by Friday, but Martinez said they were two cousins, two brothers-in-law and a friend, all of Oakdale. The men were on their way to work at a nearby tree farm. All five were pronounced dead at the scene.

CalOSHA Standards Board Chickens Out of Issuing Emergency Temporary Standard for Popcorn Lung

2007-01-20T11:16:00.000-05:00

As long as I've been in this business, there are some things I just don't understand. Like this: Earlier this week, the CalOSHA standards board decided not to issue an emergency temporary standard to protect workers from "popcorn lung." Instead, they decided to send the issue to an advisory committee.

The chemical at question here is diacetyl, the chemical butter flavoring that wreaks havoc on workers lungs. It's a chemical that causes bronchiolitis obliterans a disease that obliterates the lungs bronchioles (the lung's tiniest airways), resulting in "astonishingly grotesque" effects on the lungs, "the worst" that this nation's leading experts have ever seen. Its effects have been "likened to inhaling acid."

California, where health officials have detected a number of cases of bronchiolitis obliterans, established a "Special Emphasis Program" in the roughly 30 manufacturing facilities that use diacetyl. The agency is monitoring workers for signs of the disease and educating employers about how to prevent overexposure.

But cases continued to turn up. Just last week, the Sacramento Bee reported that

An ongoing health investigation of California's flavor manufacturing industry has found another six workers who have lost nearly all use of their lungs.

The six are in addition to two cases that sparked the investigation nine months ago, according to the state's occupational health chief, Barbara Materna.

"Most of these workers are severely impaired, cannot work and suffer extreme shortness of breath on exertion," Materna wrote in a Jan. 11 report updating investigation results. "At least one is reported to be on a list for lung transplantation."

And last week George Washington University Professor David Michaels, on behalf of the Project on Scientific Knowledge and Public Policy (SKAPP), sent the Board additional evidence from an unpublished Dutch study reporting three cases of the rare lung disease among workers at a diacetyl factory.

Last August, the United Food and Commercial Workers and the California State AFL-CIO petitioned CalOSHA for an Emergency Temporary Standard to protect workers against the damaging lung disease caused by diacetyl. (In July, UFCW and the Teamsters petitioned federal OSHA for an emergency temporary standard.)

What's an Emergency Temporary Standard (ETS) and why is it so important to use it. Normal OSHA standards can take ten years or more from the time that OSHA decides to start working on them until they are actually issued. Most OSHA chemical standards date from the 1960's and, under the Bush administration, only one new chemical standard has been issued -- and that was done under court order.

But the Occupational Safety and Health Act states that if the Assistant Secretary determines that "employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards." OSHA also has to show that the ETS is "necessary to protect employees from such danger." The ETS serves as a proposed standard until the final standard is issued, which must be done within six months.

Sounds like diacetyl would be a prime candidate.

OSHA has rarely used this provision of the act, even in the rare case that the agency has issued an ETS, the courts have often overturned it. No successful ETS has been issued in over 25 years. Nevertheless, as UFCW Health and Safety Director Jackie Nowell told the CalOSHA Board, "If this doesn't rise to the need for an emergency standard, I don't know what does."

More insulting to workers afflicted with bronchiolitis obliterans are the excuses the Board members used to chicken out, according to the Cal-OSHA Reporter.

Board occupational health representative Jonathan Frisch, Ph.D, said "doing the speedy thing isn't necessarily the right thing." He and the other board members backed the decision to send the petition to advisory committee, which DOSH Acting Chief Len Welsh said would meet the first or second week of February. Frisch commented that it takes courage to "step back, even when people are hurt," if it's the right thing to do. "Let's take a hard look at the exposures that are going on."
Board Chair John MacLeod agreed. "We're in a groundbreaking situation," and it's important to develop good information, he said.

No, Doctor Frisch, it actually takes courage to do the right thing -- take immediate action to protect workers. Developing good information is important. But in this case it's possible to protect workers at the same time you develop good information. Isn't it better to err on the side of overprotection if the alternative is more dead workers?

As Dr. Michaels explains in the Pump Handle,

Regulators cannot wait for complete information before issuing rules to limit exposure to potentially toxic substances. Diacetyl poses the classic (but easily addressable) regulatory dilemma. The evidence for the toxicity of diacetyl is limited by an obvious problem: we do not have (and cannot have) controlled studies of humans exposed to diacetyl but to no other potential toxins. There are multiple chemical exposures at factories where diacetyl is used. Regulators must rely on these studies of the patterns of disease in workplaces, in addition to evidence gathered in experiments with laboratory animals.
It is hard to imagine what additional evidence could still be gathered on diacetyl. We will never find a workplace in which only diacetyl is present. The Dutch study comes close, since it deals with a diacetyl production plant rather than a plant producing multiple flavorings, but reluctant regulators could still argue for the presence of other confounding factors. The animal evidence is very strong. It is time to assume that diacetyl causes obstructive lung disease at extremely low levels and prevent all exposure – probably by banning it.

Meanwhile, OSHA has still not bothered to respond to the unions' petition -- almost 8 years after learning of the first cases of bronchiolitis obliterans.

Like I said, after all these years, there are still some things I just don't get.

More information on popcorn lung here in Confined Space and here from SKAPP.

No Mercy For Alaska Governor Who Pardoned Company Convicted Of Killing Worker

2007-01-18T23:45:00.001-05:00

The Anchorage Daily News was as upset as we were by (former) Governor Frank Murkowski's pardon of a company convicted of negligent homicide in the 1999 death of a backhoe operator on a Cordova hydroelectric power project job site (which I wrote about here). The company had also stiffed the state on a quarter-million-dollar fine and interest resulting from the death of Gary Stone who was killed in an avalanche. State job safety officials had warned the company about avalanche dangers at the job site.

In response to the pardon, granted just before Murkowski left office, the state legislature is considering a bill that would

require governors to submit pardon applications to the state Parole Board for review. The existing law makes that optional for governors. The former governor did not bother to ask the Parole Board for its opinion on the pardon that he issued just a few days before leaving office. Nor did Gov. Murkowski or his staff bother to ask whether Whitewater Engineering Corp. of Bellingham, Wash. had ever paid its fine to the state in the case. It hadn't paid a dime.

According to the NewsT

the legislation would not interfere with a governor's constitutional prerogative to issue a pardon, but would shine a much brighter light on the process.

It's good that Rep. Samuels and his colleagues see the need for this legislation, which already has picked up bipartisan support. But it's sad that there is a need for this legislation.

BOTTOM LINE: It's too late to fix what's been done, but Alaska can do better next time.

What’s it like to live near a refinery?

2007-01-18T22:53:00.000-05:00

The Baker Panel's report on the safety culture at BP's North American refineries prompted Lisa Margonelli to discuss in the NY Times Pipeline blog (Times Select required) what its like for Texans to live in the midst of the refineries that supply the nation's gasoline

Winifred J. Hamilton, the director of environmental health at Baylor College of Medicine, in Houston, described it to me like this: “When I go to Texas City, people tell me about the incredible sound of the flares and the smell that they say gives them headaches. They say that being told to ’shelter in place’ when there’s an emergency, particularly when they don’t know what’s going on, makes them anxious. And if the children are in school and the family members are home, putting wet towels under the doors, they’re separated from their children, and the stress and fear is immense. Even day-to-day life involves unusual worries — Is it safe to eat the vegetables in my garden?”

Hamilton said that despite the pollution produced by the refineries, many people in the area are ambivalent about leaving. “People have block parties and old trees,” she said. “They don’t want to move.” When I asked her about the Texas City accident, she said, “Well, headlines are about people who die, but the survivors often lose their fingers, toes, noses or ears, and they spend years in pain and at risk of infection. Some of them have to wear a ski mask. They’re lost in the statistics, basically, but their lives are deeply changed.”

While Californians vehemently oppose offshore drilling, and American environmentalists protest drilling in the Arctic National Wildlife Refuge, residents of Texas can’t afford a not-in-my-backyard attitude. Texans sometimes excuse the odor of chemicals in their neighborhoods with the remark that it “smells like money.” To some extent they’re struggling to balance their livelihoods against unknown health risks. For the rest of us who drive, or for that matter, use lipstick, floor wax, plastic, antihistamines or any of the other products derived from petroleum at Gulf Coast plants, Texas is so far away we don’t associate it with our backyards at all.

And Texas, being Texas, makes things just a bit worse than other parts of the country:

local emissions standards are extraordinarily loose, partly because of the petrochemical industry’s influence in local politics. A 2004 investigation by the Houston Chronicle found levels of toxic chemicals in some neighborhoods high enough to trigger a federal investigation — if they were found at a hazardous waste dump. The Texas Commission on Environmental Quality is now rewriting its allowable limits of toxic emissions, but has stated that the acceptable cancer risk is likely to end up at around 10 times the guidelines set by the Environmental Protection Agency.

The level of carcinogens released in the processing of a barrel of oil is higher in Texas than anywhere else in the country, said Eric Schaeffer, a former regulator for the E.P.A. who’s now with the Environmental Integrity Project. “A release of chemicals in L.A. gets a strong reaction from California regulators,” he told me. “The same release in Corpus Cristi doesn’t — there just isn’t the same tradition of enforcement.”

Straw Men: More Thoughts On The Baker BP Panel

2007-01-17T22:08:00.000-05:00

I reported yesterday on the release of the Baker Panel's 374 page report on the sad state of BP's safety system at its North American refineries. I want to go back and discuss on aspect of the report and the panel's press conference: The assertion that BP deliberately endangered workers by cutting costs in its safety budget.

CNN-Money.com, for example, argued that the report

found no evidence that BP intentionally scrimped on safety in order to cut costs - a charge that has been disputed by the U.S. Chemical Safety and Hazard Investigation Board.

Reuters reported that:

A panel investigating the 2005 deadly explosion at BP's Texas City, Texas refinery (sic) said on Tuesday that the oil major did not purposely withhold spending for safety programs at its U.S. oil refineries

***

"We could not determine that BP ever purposefully withheld resources with respect to safety-related practices," Baker said at a press conference in Houston.

The report itself stated diplomatically:

During the course of its review, the Panel did not develop or identify sufficient information to conclude whether BP ever intentionally withheld resources on any safety-related assets or projects for budgetary or cost reasons. The Panel believes, however, that the company did not always ensure that adequate resources were effectively allocated to support or sustain a high level of process safety performance.

But all of this talk about intentionally cutting safety is what's known as "setting up a straw man" -- creating a position that is easy to refute, then attributing that position to the opponent. It's an argument frequently heard when employers defend themselves against being blamed for workplace accidents, and to fight calls for criminal prosecutions: "No one intended to hurt anyone, we just didn't know," or "We may have overlooked some things, but we never meant to hurt anyone." Drunk drivers don't intend to kill families on their way home from the party either. But try telling that to the judge.

And no one, including the Chemical Safety Board, has accused BP of intentionally cutting safety or deliberately trying to hurt workers. The CSB did present convincing evidence that the company cut back on maintenance and infrastructure that "caused a progressive deterioration of safety at the Texas City refinery" and that company officials knew about many of the safety problems at the plant.

"BP implemented a 25% cut on fixed costs from 1998 to 2000 that adversely impacted maintenance expenditures and infrastructure at the refinery," she said. Maintenance spending fell throughout the 1990?s at the then-Amoco refinery, and following the merger with BP further cuts were imposed. "Every successful corporation must contain its costs. But at an aging facility like Texas City, it is not responsible to cut budgets related to safety and maintenance without thoroughly examining the impact on the risk of a catastrophic accident."

By 2002, an internal BP report had identified the cost reductions as contributing to a decline of infrastructure in Texas City that would require significant investment to correct. These findings were corroborated in a survey of the refinery's safety culture in 2005 just prior to the accident, known as the Telos study. The survey interview with the Texas City refinery manager identified a history of decapitalization and a culture of "things not getting fixed."

"The refinery manager was not alone in this candid assessment," Chairman Merritt said. "Large majorities of the survey respondents reported significant maintenance backlogs that were harming safety. Disturbingly, most employees agreed that 'production and budget compliance gets recognized and rewarded before anything else at Texas City.'"

Economic pressures were evident in numerous decisions that were causally related to the March 23, 2005, accident.

The Houston Chronicle summarized some of the results of the failure to ensure that adequate resources were provided for vital safety-related functions:

In the Texas City, Carson and Whiting plants, known equipment problems such as thinning pipes and vessels went unrepaired for months, even years. In Texas City, nearly 200 thickness defects were unaddressed for up to eight years, for example.
In all refineries except Texas City, the consultants found that BP's tests of critical alarms and "emergency shutdown devices" were either improperly conducted or overdue.
"Action items" resulting from audits or near-miss investigations intended to improve safety often went uncompleted for months or even years, or were overlooked altogether at all five refineries. For example, in Carson about half of the action items generated between 2001 and 2004 remained open at the time of the team's visit last spring. At Toledo and Whiting, some items were left uncorrected for more than a year.
At all refineries, BP did not adequately inspect important refinery process equipment, resulting in extensive backlogs. "Some of these backlogs included hundreds of items overdue for long periods (i.e years)," the report said. In Texas City, nearly 400 pressure vessels, piping, relief valves, storage tanks and other pieces of equipment were overdue, for example.
After discovering dangerous problems in the pressure relief systems in Whiting, the team found similar problems in Carson, Texas City and Toledo, as well as a lack of understanding of the risks involved.
Near misses at all five refineries were not properly investigated, and in some cases not even reported. The team found that "BP was systematically missing opportunities to learn from near misses."

All of which makes me a bit skeptical about outgoing BP CEO Lord John Browne's statement:

Brown defended the company's record. "We've never focused on profits above safety -- safety has always come first" he said.

As Houston Chronicle business columnist Loren Steffy summarized the company's actions:

That's not to say it didn't care about safety or maintenance. It merely had other priorities.

And despite their protests, worker safety really wasn't one of them.

Jewish Organizations Fight For Worker Safety In Kosher Slaughterhouses: "Thou shalt not rule over him with rigor."

2007-01-17T21:39:00.000-05:00

I wrote last July about serious workplace safety hazards in an Iowa Kosher meatpacking plant, revealed in an article in Forward. In response to the allegations, two Conservative Jewish organizations, the Rabbinical Assembly and the United Synagogue of Conservative Judaism, launched fact-finding studies.

One of those organizations has now decided that something needs to be done:

The United Synagogue of Conservative Judaism is drawing up standards for a proposed hekhsher tsedek, or righteous certification, attesting that employees worked in safe factories and weren't exploited, among other things. The new certification would supplement, not replace, the kosher certification.

"No one in the Jewish world has ever really tried to marry the socially responsible laws of how we treat workers with the laws of how we should eat," said Rabbi Morris Allen, who chairs the committee studying the new certification.

"We were so concerned that the animal is slaughtered in the most humane way," he said, "that we overlooked the person standing right next to it."

Allen argues that the bible mandates that workers be treated humanely:

Just as the Bible dictates how Jews should eat, it also outlines how they should treat workers, Allen said, quoting from Leviticus: "Though shalt not rule over him with rigor."
Rabbi Ari Cartun of Congregation Etz Chayim in Palo Alto applauded the proposed certification and it would "absolutely" influence his grocery shopping.
"You're not able," he said, "to benefit from oppression."

Some conservative Jewish organizations aren't convinced, however, preferring to keep their heads in the sand and rely on the government to enforce workplace safety conditions:

The Orthodox Union has no plans to create a workplace certification.
"It's not that we don't care about those issues, but we rely on the federal government," said Rabbi Menachem Genack, rabbinic administrator for the OU's kashrut division. He noted that agencies like the Department of Labor and OSHA already keep a watchful eye on workers' pay and working conditions.
"We don't want to impose more on those companies than are required by law," said Genack.

No, of course not. The law and OSHA are doing such a good job.

Rabbi Allen remains skeptical (and well informed):

But legal standards can fall short of religious ones, argued Allen. For instance, is it morally proper to require minimum-wage workers to buy their own mandatory safety equipment? he asked.

Allen is referring to proposed standard that would require employers to pay for personal protective equipment which the Bush administration has delayed issuing for six years. The AFL-CIO and UFCW sued OSHA earlier this month to force the agency to issue the regulation.

Baker Panel Report Blasts BP

2007-01-16T23:33:00.000-05:00

The Baker Panel, investigating the "safety culture" at BP's five North American refineries, issued its 374 page report today blasting the giant oil company for putting production targets, operational goals and budgets ahead of workplace safety.

The report's origin was an urgent safety recommendation issued by the Chemical Safety Board which is conducting an extensive investigation of the March 23, 2005 Texas City refinery explosion that killed 15 workers and injured 180. It was the biggest American workplace disaster in a decade.

The panel found serious problems throught BP's facilities:

While some refineries are far more effective than others in promoting process safety, significant process safety culture issues exist at all five U.S. refineries, not just Texas City. Indeed, the refineries show some similar process safety cultural weaknesses, even though they do not share a unified process safety culture. The Panel found instances of a lack of operating discipline, tolerance of serious deviations from safe operating practices, and apparent complacency toward serious process safety risks at each
refinery.

Among the findings of the report were BP's emphasis on "personal safety" (a.k.a. slips, trips, and falls) over process safety

BP has not provided effective leadership in making certain its management and U.S. refining workforce understand what is expected of them regarding process safety performance. BP has emphasized personal safety in recent years and has achieved significant improvement in personal safety performance, but BP did not emphasize process safety. BP mistakenly interpreted improving personal injury rates as an indication of acceptable process safety performance at its U.S. refineries. BP’s reliance on this data, combined with an inadequate process safety understanding, created a false sense of confidence that BP was properly addressing process safety risks.

The panel emphasized the importance of process safety over personal safety

Not all refining hazards are caused by the same factors or involve the same degree of potential damage. Personal or occupational safety hazards give rise to incidents—such as slips, falls, and vehicle accidents—that primarily affect one individual worker for each occurrence. Process safety hazards can give rise to major accidents involving the release of potentially dangerous materials, the release of energy (such as fires and explosions), or both. Process safety incidents can have catastrophic effects and can result in multiple injuries and fatalities, as well as substantial economic, property, and environmental damage. Process safety refinery incidents can affect workers inside the refinery and members of the public who reside nearby. Process safety in a refinery involves the prevention of leaks, spills, equipment malfunctions, over-pressures, excessive temperatures, corrosion, metal fatigue, and other similar conditions. Process safety programs focus on the design and engineering of facilities, hazard assessments, management of change, inspection, testing, and maintenance of equipment, effective alarms, effective process control, procedures, training of personnel, and human factors. The Texas City tragedy in March 2005 was a process safety accident.

One of the more interesting parts of the report dealt with the resources that BP invested in safety. Preliminary findings of the Chemical Safety Board determined that cost cutting had led to safety problems at the Texas City plant. Yet BP claimed vindication in this area, citing the Baker Panel's conclusion that

it did not develop or identify sufficient information to conclude whether BP ever intentionally withheld resources on any safety-related assets or projects for budgetary or cost reasons.

The report went on to say, however, that

The Panel does not believe that BP has always ensured that the resources required for strong process safety performance at its U.S. refineries were identified and provided.

At the Texas City refinery, for example

From 1992 to the 1998 merger with BP, Amoco consistently and significantly cut costs in the Texas City refinery. Between 1992 and 1999, total maintenance spending fell 41 percent; from 1992 to 2000, total capital spending fell 84 percent.24 Notwithstanding this sustained period of budget cutting, after the merger BP issued a company-wide challenge to each of the refineries to cut their budgets an additional 25 percent without jeopardizing the integrity of the facility. According to at least one senior manager, progress toward meeting that challenge to cut costs 25 percent became a milestone in each refinery plant manager’s performance contract. Pursuant to that corporate challenge, Texas City continued to cut costs, 25 and some data indicate the refinery came close to meeting the 25 percent target.

The report accused BP of eliminating thousands of critical jobs after its merger with Amoco, , not replacing experienced workers who retired, losing engineers and other personnel with with valuable operating and technical expertise. There were also serious understaffing and fatigue problems at BP's North American refineries.

The panel also found safety management problems:

BP has not demonstrated that it has effectively held executive management and refining line managers and supervisors, both at the corporate level and at the refinery level, accountable for process safety performance at its five U.S. refineries.

In a response to the report, BP's Chief Executive, Lord John Browne announced that the company will implement the panel's recommendations. The BP response noted that the report did not put blame on any individuals, that no one acted in anything but good faith, that BP's not the only company with serious safety problems, and that the company has already implemented a number of the recommendations. And in a not necessarily unrelated development, Lord Browne announced last week that he will retire 18 months earlier than expected. Browne claimed that his early retirement was unrelated to the report.

The panel also made a number of recommendations focused around improving its process safety management system, and to improve its methods of measuring safety performance. The panel also recommended an independent monitor to report to the company’s board over a five-year period.

The Baker panel will not have the last word on the Texas City disaster.

The Chemical Safety Board expects to issue a report in March. Daniel Horowitz, a spokesman for the board, said yesterday that the Baker panel's report showed that many things contribute to accidents like the one in Texas City. "It is a very significant finding that BP does not effectively investigate incidents throughout the corporation," he said. "If you're not learning from near misses, you're not in a position to prevent major disasters like the one in Texas City."

Miners Gave Their Lives For The Last Little Bit Of Coal

2007-01-15T23:47:00.000-05:00

I wrote yesterday about the death of two coal miners, James D. Thomas, 48, of North Tazewell, Va., and utilityman Pete Poindexter, 33, of Rock. in a roof collapse at the at Brooks Run Mining Co.’s Cucumber Mine in McDowell County, West Virginia.

The company, as you might imagine, is feeling bad:

In a prepared statement, Brooks Run said a “localized section of the mine roof unexpectedly collapsed and fell on the miners.”

“We’re extremely saddened by this tragic accident,” said Randy McMillion, Brooks Run’s president. “Right now our full attention is directed toward attending to the miners’ families and their coworkers, as well as providing our full cooperation to the ongoing investigation.”(emphasis added)

These "unexpected" tragedies are just so...unexpected. After all these centuries, gravity never ceases to surprise.

It turns out, of course, that while Brooks Run hadn't "expected" the roof to crush Thomas and Poindexter that day, like most workplace hazards, the hazards of "retreat mining" were anything but unknown or unexpected.

In a November 2001 report, then-Gov. Bob Wise was encouraged to closely examine — and possibly ban or much more tightly restrict — “retreat mining.”

During this especially dangerous procedure, miners remove the last bits of coal possible from pillars meant to hold up the mine roof, or remove entire pillars.

This is done as miners are moving out of a section, and mine roofs are expected to fall as miners pull the pillars.

Miners were pulling pillars Saturday morning at Brooks Run Mining Co.’s Cucumber Mine in McDowell County when a roof fall killed two employees.

So just how "unexpected" were these deaths?

Between 1978 and 1986, 67 roof-fall deaths — about one-third of the total — occurred during retreat mining, according to a government study.

Between 1989 and 1996, pulling pillars accounted for 10 percent of underground coal production, according to a report from the National Institute for Occupational Safety and Health. At the same time, the practice accounted for 25 percent of underground coal mining deaths, the NIOSH report said.

Between 1996 and 2005, at least 13 of the 63 roof fall deaths nationwide occurred during retreat mining, according to a Gazette analysis of MSHA records. Seven of those 13 deaths occurred in West Virginia, the analysis showed.

The 2001 report was written by former Clinton Administration MSHA director Davit McAteer. (McAteer also headed up current West Virginia governor Manchin's investigations of last year's Sago and Alma mine disasters.) McAteer

cautioned that pillaring is “an especially dangerous extraction practice which should be critically reviewed and/or significantly revised, with adequate requirements and criteria drawn up to provide protection to the miners engaged in such techniques.

“New standards of safety and health precautions need to be developed, including engineering criteria for mining in previously disturbed coal beds and seams, and these new standards must be applied before such methods are approved by state or federal regulations,” wrote McAteer, who headed the federal Mine Safety and Health Administration during President Clinton’s administration.

McAteer went on to recommend that retreat mining be “very carefully reviewed and critically examined” to determine whether its approval should be continued.

Wise acted on some of McAteer’s recommendations, such as more closely scrutinizing coal contractors and increasing fines for safety violations. But Wise took no action on retreat mining.

Gov. Joe Manchin has also not addressed the issue in his mine-safety reform efforts, either in a bill passed in one day last year or in his latest legislation proposed last week.

Two West Virginia Miners Killed In Roof Fall

2007-01-14T17:35:00.000-05:00

Two miners were killed in a roof collapse in a West Virginia mine yesterday. The deaths occurred at the Brooks Run Mining Co.’s Cucumber Mine, in the town of Cucumber, about 25 miles south of Welch near the Virginia border

both said the miners were apparently performing “retreat mining,” a dangerous process where miners remove the last bits of coal possible from pillars meant to hold up the mine roof before abandoning that section of the mine.

These were the first two coal mining deaths in West Virginia this year. Another coal miner, Jeremy Garcia, 26, was killed in a Colorado coal mine last week.

The mine didn't exactly have a steller safety record, according to Ken Ward at the Charleston Gazette.

Last year, the Cucumber Mine recorded an injury rate that was twice the national average for similar mines, according to MSHA data.

Mine officials reported seven nonfatal injuries in 2006, including one machinery accident that left a worker with permanent total or permanent partial disabilities, according to MSHA records.

In 2006, MSHA inspectors cited the mine for 65 violations, assessing it $5,051 in fines, and the company paid the total amount, the records show.

During the last two quarterly inspections in 2006, MSHA inspectors found 32 violations, including six related to roof-control problems, according to federal data.

***

In late October, a 49-year-old continuous-mining-machine operator, Thomas Channell, was killed in another Alpha subsidiary’s mine in Preston County.
Channell died when a mine wall fell, pinning him against a shuttle car. Federal officials issued no citations in that death at Kingwood Mining Co.’s Whitetail Kittanning Mine near Fellowsville.
Last month, MSHA chief Richard Stickler visited a Brooks Run coal preparation plant in Webster County to celebrate the operation’s receiving a prestigious Sentinels of Safety Award in 2005 for having no reportable accidents during its employees’ 122,000 hours worked that year.

But in 2004, two Brooks Run miners were killed in a five-week period, one at the preparation plant Stickler visited and another at a nearby underground mine. MSHA cited the company in both deaths, and Brooks Run paid a total of $66,000 in fines.
After his visit, Stickler said in an interview, “They had those two fatalities and they made a commitment that they were going to do something drastically different. Obviously, this company has made a commitment to safety. That’s the way they’re running their business.”

Or not.

47 coal miners were killed on the job last year, according to MSHA, the most since 1995. 22 coal miners were killed in 2005. 25 metal/non-metal miners were killed on the job last year, compared with 35 the year before. One metal/non-metal miner has been killed on the job so far this year.

Maryland County Moves On Workplace Safety

2007-01-13T11:34:00.000-05:00

One of the major problems with ensuring the ssafety of workers in the country is the lack of staffing and resources that federal OSHA or OSHA state aplans have to enforce the law. The AFL-CIO calculates that at its current staffing and inspection levels, it would take federal OSHA 117 years to inspect each workplace under its jurisdiction just once.

But Montgomery County, Maryland seems to be strongly considering launching a new initiative that could effectively leverage Maryland OSHA's limited resources. On Thursday, December 14, the Montgomery County Commission on Health issued a long-awaited report calling for county action to combat occupational hazards in the region's workplaces.

The seven point plan includes proposals which range from making the issuance of building permits contingent on contractors providing safety training, to publicizing businesses with exemplary safety records. However, the key recommendation in the plan is a proposal to train health inspectors, building inspectors and others to identify workplace hazards and file charges with MOSH, Maryland's state OSHA program. The proposal would also funnel money to immigrant rights groups and other community groups to do the same.

The principal author of the plan is Commission member Jim Grossfeld, a member of the Washington-Baltimore Newspaper Guild / CWA. Despite the fact that Montgomery County is one of America's most liberal counties -- and among its wealthiest -- he anticipates a tough battle to win approval of the plan by the County Council and County Executive.

Grossfeld points out that some have claimed that county action is unnecessary since Maryland's new, Democratic governor, Martin O'Malley, will revitalize MOSH. But he and others argue that, even with added support from Annapolis, MOSH "cannot be effective absent involvement by local government and community groups." He notes the recent study by the International Labor Organization (ILO) which found that, in order to make jobs safer, developed countries like the U.S. ought to have one health and safety inspector per 10,000 workers. "That means Maryland ought to have roughly 300 inspectors, but MOSH has fewer than a quarter as many today."

Supporters of the plan, led by organized labor and Casa of Maryland, say their approach could be used to extend MOSH's reach in other Maryland counties, too. However, they also warn that county officials shouldn't assume that the approach they're recommending is cost-free. "Any time you give a county employee additional responsibilities you need to be prepared to hire additional workers to help carry them out."

In addition to Grossfeld, the proposals have been backed by two other labor members of the Commission on Health: Silvia Casaro, who is the client services coordinator for the Metro Washington Council; and Lee Goldberg, policy director of SEIU's Long Term Care Division.

You can also see and hear Jim elaborating on the program here on The Coffee House, a cable TV magazine of public affairs and the arts.

Those seeking additional information on the effort in Montgomery County are invited to contact its supporters at: saferjobs@att.net.

Where Do They Find These Guys?

2007-01-13T11:09:00.000-05:00

Curiouser and curiouser:

The senior Pentagon official in charge of military detainees suspected of terrorism said in an interview this week that he was dismayed that lawyers at many of the nation’s top firms were representing prisoners at Guantánamo Bay, Cuba, and that the firms’ corporate clients should consider ending their business ties.
The comments by Charles D. Stimson, the deputy assistant secretary of defense for detainee affairs, produced an instant torrent of anger from lawyers, legal ethics specialists and bar association officials, who said Friday that his comments were repellent and displayed an ignorance of the duties of lawyers to represent people in legal trouble.

Where do they come up with this stuff? Oh, here:

The same point appeared Friday on the editorial page of The Wall Street Journal, where Robert L. Pollock, a member of the newspaper’s editorial board, cited the list of law firms and quoted an unnamed “senior U.S. official” as saying, “Corporate C.E.O.’s seeing this should ask firms to choose between lucrative retainers and representing terrorists.”

The New York Times was not amused, calling the administration's latest attack "contemptable."

Stimson went on:

He said, “I think, quite honestly, when corporate C.E.O.’s see that those firms are representing the very terrorists who hit their bottom line back in 2001, those C.E.O.’s are going to make those law firms choose between representing terrorists or representing reputable firms, and I think that is going to have major play in the next few weeks. And we want to watch that play out.”

This is why were fighting the "decisive ideological struggle of our time?" Because those dasterdly terrorists hit the corporate bottom line?

It's all starting to make sense now.

Of Foxes, Chickens and Chickencoops

2007-01-12T00:23:00.000-05:00

In the continuing spirit of bi-partisanship, President Bush has renominated some of the worst of the worst nominees to head safety, environmental and regulatory agencies.

Former coal industry executive Richard Stickler was renominated for the -- hell, I can't even remember how many times the White House has sent him to the Senate (only to have him sent back again.) Stickler received a recess appointement last Fall.

Along with Stickler came the return of former Wal-Mart lawyer Paul DeCamp as wage and hour administrator at Labor. DeCamp has a record urging the weakening of the Fair Labor Standard Act’s (FLSA’s) overtime pay and other protections.

Also returning from the bureacratic dead is right-wing anti-regulatory zealot Susan Dudley, who we've written about here and here.

And then there's former mining industry executive John Correll who was re-nominated as director of the Interior Department’s Office of Mining Reclamation and Enforcement. Correll, you may remember, was involved improper contracting while at MSHA, and was instrumental in the firing of an MSHA whistleblower.

Needless to say, it's highly unlikely that any of these nominations will be confirmed by a Democratic Senate. (They were too controversial to even make it through a Republican Senate.)

But there is one piece of good news for the chickens. Steven Griles, a former mining lobbyist who was appointed Deputy Secretary of the Department of Interior (the number 2 position in the Departmetn) until he resigned in 2005, has apparently been notified by federal prosecutors that he will most likely be indicted for lying about his relationship with the corrupt lobbyist Jack Abramoff. Apparently Abramoff referred to Griles as “our guy” at the Interior Department.

Score one for the chickens.

Change Is In The Air; And In The House

2007-01-11T23:46:00.000-05:00

Yes, it's true, the House of Representatives is doing some real things for the American worker, like passing a minimum wage bill. But real accomplishments are so boring. In these heady days, now the the Dems are back in control, it's the symbolic changes that most stir the spirit.

For example, when the Republicans took power in 1995, they changed the name of the House "Committee on Education and Labor" to

"Workforce?" Ugh! Can you get any more sterile and bureacratic?

But now a new day has (re)dawned on Capitol Hill:

Of course, the National Association of Manufacturers isn't very happy. According to their "Shopfloor" blog, they kind of liked the word "workforce,"

a long-overdue modernization of the name to reflect the lexicon of the modern-day work place.

Uh, right.

"What's in a name?" NAM asks.

In this case, it is a great leap backward and a clear sign to anyone who may have doubted it that the unions are firmly back in charge of the committee's agenda.

"Backward" to the future, that is.

I say Hallelujah; it's about time.

Throwaway Truckers

2007-01-10T21:57:00.002-05:00

Chicago Tribune reporters Steve Franklin and Darnell Little have continued their series on Throwaway Workers with two more articles about trucking and truckers.

Most of the goods that our society buys from overseas comes in through the nation's ports, and then is transported -- mostly by trucks -- to warehouses and then around the country. Last month, Franklin and Little told the story of a long haul driver and difficult it is for them to make ends meet.

Franklin and Little now go on to tell the story of the drivers who pick up the products from the ports and move them to warehouses, generally less than 50 miles away. Over 90% are hispanic. On average, they earn less than $30,000 a year for working days that stretch past 11 hours. They're driving aging, decrepit trucks that pollute the air.

Many of the drivers are undocumented immigrants -- which will soon become a problem for American consumers as well as the drivers themselves:

They may soon find themselves out of work. So, too, freight may begin backing up across the country.

That's because the federal government, in its drive to boost port security, is on the verge of issuing guidelines for checking identities of the nation's 750,000 port workers, including 110,000 or so who work as haulers.

***

Shippers could transfer their cargoes to ports other than Los Angeles and Long Beach or the New York area, where it is estimated that most of the undocumented drivers work. Trucking companies, already struggling with high turnover rates and a dearth of drivers, could be forced to pump up their pay to find new drivers.

The exploitation the drivers has roots in a development that is common to a number of formerly high paying industries in this country:

Not so long ago many port drivers in Southern California were Teamster union members with pay and benefits. When the government deregulated the industry in 1980, small, non-union companies flooded in. Rather than hiring employees, however, they turned to mostly independent operators.

Fierce competition between the workers, and the companies that hire them, has kept wages depressed.

"I've been working here for 17 years and I can't even buy a house," said David Mendoza, 42, who was taking a break at the spot where treads were being carved in bald tires. Though safety officials say only some tires can be grooved, and only by professionals, drivers contend that it's safe to use their cheap roadside system, and it's the only method they can afford with their stagnant wages.

Mendoza, who drives a 1976-model truck that he bought 10 years ago for $12,000, pulled out one company's rate sheet and compared the rates to those from a sheet several years old: There was little difference between the two.

If anything, the quoted rates are often the ceiling price. Firms often whipsaw haulers against one another, pushing wages much lower. Many haulers are no different than day laborers who gather on streets and bid on jobs, except that they have trucks.

"[Drivers] have tried to organize walkouts to get higher wages, but they can never get enough drivers to agree to anything because somebody else always comes in and does the work," said Art Wong, a spokesman for the Port of Long Beach.

But there's always hope:

In the closely-knit Latino communities near the ports it is also a matter of people helping each other to get into the business, and then to survive.

One of these is Salvador Abrica, 35, who served eight years as a U.S. Marine ready for combat in Somalia and other places around the globe.

Not long after his military service, he began driving a truck at the port, yet he didn't like it and often took work as an over-the-road driver. But he returned to the ports because he preferred not being away from his wife and three children.

Having grown up blocks from the ports and refineries, it seemed natural to Abrica to become a port driver. It was the kind of work done by men from his neighborhood.

He refused to put in the long hours like others, however, and he says he has earned only about $25,000 a year. It was a sacrifice he was willing to make. But it angered him to see friends push themselves into exhaustion or go broke trying to make a living at the ports. As a result, Abrica, a massive man with the physique of a battle-ready soldier, recently decided to become an organizer for the Teamsters.

"I learned in the Marines what it means to defend myself and to stand up for the rights we have," he said.

Fraudulent Trucking Licenses

Franklin and Little then moved on the the disturbing and dangerous problem of unskilled truck drivers with illegal and fradulent licenses:

Commercial driving license fraud has been a growing headache since the industry began to deregulate more than two decades ago. Since 1980, the number of interstate trucking firms has shot up to 564,000 from 20,000. Today there are more than 1.5 million truckers, up 200,000 from 2002, according to trucking industry estimates.

Lured by the image of good-paying jobs, people have scampered to obtain commercial driving licenses. And entrepreneurs and crooks sprang into action to help would-be drivers sidestep obstacles.

A grasp of the depth of the problem came when federal and state investigators in 1998 began looking into the licenses-for-sale scandal in Illinois.

Ultimately, their work led to a 6 1/2-year prison term for former [Illinois Governor George]Ryan on federal corruption charges, convictions of more than 75 people and the retesting of more than 1,000 truckers. The exams were completed by 2000.

The probe also showed that unskilled drivers were on the highways. At least nine people, including one trucker, have died in crashes involving truckers who allegedly got their licenses illegally in Illinois, according to federal officials.

And the problem, as we've seen with so many sectors of our economy today, is deregulation:

Commercial driving license fraud has been a growing headache since the industry began to deregulate more than two decades ago. Since 1980, the number of interstate trucking firms has shot up to 564,000 from 20,000. Today there are more than 1.5 million truckers, up 200,000 from 2002, according to trucking industry estimates.

Lured by the image of good-paying jobs, people have scampered to obtain commercial driving licenses. And entrepreneurs and crooks sprang into action to help would-be drivers sidestep obstacles.

A grasp of the depth of the problem came when federal and state investigators in 1998 began looking into the licenses-for-sale scandal in Illinois.

Ultimately, their work led to a 6 1/2-year prison term for former Gov. Ryan on federal corruption charges, convictions of more than 75 people and the retesting of more than 1,000 truckers. The exams were completed by 2000.

The probe also showed that unskilled drivers were on the highways. At least nine people, including one trucker, have died in crashes involving truckers who allegedly got their licenses illegally in Illinois, according to federal officials.

As well as privatization of government services:

In 2002 federal investigators warned that nearly half the states were not properly monitoring third-party testing. This is an issue because the majority of states rely on a mix of state and private testers while just a handful use only state employees for testing. There are seven states where all truck licensing is handled privately.

In Macon, Ga., for example, the owner of a truck driving school worked out a deal with a third-party tester to falsify tests for 623 students over several years, federal officials said in 2004. And when Georgia officials retested the drivers who already had been on the roads for several years, it determined that only 142 were qualified to keep their licenses.

OSHA: The Next 35 Years -- What Would You Do?

2007-01-09T23:07:00.000-05:00

Let's project ourselves into the future a bit. Suppose a labor-friendly Democratic president is elected in two years, along with a Congress with strong, liberal Democratic majorities who vow to make sure that OSHA fulfills its promise to ensure safe workplaces for all American workers. What would you do? That's the question that Michael Silverstein has been tackling for the past several months, and as George Washington University Professor David Michaels explains, you have a chance to weigh in:

For the last several months, Michael Silverstein has been talking with safety and health activists and professionals around the country, evaluating the work of OSHA over the last 35 years and discussing ways to ensure that OSHA's promise - a safe workplace for all American workers - is fulfilled. (Michael, in case you don't know him, has an extensive background in OSHA policy. He has served head of the Washington State OSHA program, Director of Policy for federal OSHA and the UAW's Assistant Director for Occupational Health and Safety.)

Michael has completed a draft of his paper "Getting Home Safe and Sound? OSHA at Thirty-Five” and we have posted it on the website of the Project on Scientific Knowledge and Public Policy (SKAPP).

SKAPP began this project last year in order to examine ways we can improve our system of protecting worker health and safety. With the political changes that occurred in November, it is even more pressing now for us to consider ways to improve our dysfunctional safety and health regulatory system.

So we are attempting an experiment. We at SKAPP have decided to launch a national electronic discussion of Michael's paper, and especially its recommendations. As a forum, we're using the new blog "The Pump Handle". If you go to you can read a letter from Michael describing the project and by posting a comment, you can participate in the discussion.

If you have thoughts on how to improve the workings of OSHA, please jump into the discussion (and circulate this information to your members, colleagues and friends).

David Michaels, PhD, MPH
Director, The Project on Scientific Knowledge and Public Policy

I encourage you all -- whether you're a health and safety professional, or a worker, or a family member of an worker injured or killed on the job -- to read Michael's paper and let him know what you think. As he says (and you all know), OSHA has lots of problems, despite the progress that has been made:

However, after 35 years much is left undone. A worker still becomes injured or ill on job every 2.5 seconds and these injuries and illnesses have disproportionate, unfair impact in especially high risk industries and among groups of disadvantaged workers.

Most workplaces are inspected so infrequently and most penalties for violations of the OSHAct are so small that most employers have little incentive to pay much attention to OSHA requirements. Acts of gross negligence or criminal behavior leading to workplace deaths regularly go unpunished. Employees are discouraged from raising complaints about workplace hazards because the OSHAct provides insufficient protections from discrimination. And millions of public employees are left without the enforceable protections of the OSHAct entirely.

Long after Congress declared safe and healthful workplaces to be a national priority more attention is paid and more resources are devoted to fish and wildlife protection than worker safety. Lives on the job are devalued by this violation of a national promise.

Working to earn a living, to support a family, to build the community has been disrespected and dishonored. We have the technology, the legal framework and the moral capacity to do significantly better. We can reach higher by making more creative use of the existing provisions in the OSHAct, by strengthening the Act itself, and by taking steps entirely outside the OSHAct framework to ensure that those who contribute their labor for their families and communities are honored by returning home safe and sound every day.

Read Michael Silverstein's draft paper "Getting Home Safe and Sound? OSHA at Thirty-Five"

Leave comments here (scroll to the bottom)

Is It Possible To Provide Less Information?

2007-01-09T22:52:00.000-05:00

Need I say any more about the problems with media reports of workplace injury and death?

Tyson worker dies at Emporia plant

The Capital-Journal
Published Saturday, January 06, 2007

EMPORIA — A male employee at the Tyson Fresh Meats plant in Emporia died after he suffered an undisclosed injury Thursday evening, according to Tyson spokesman Gary Mickelson. The man hasn't been identified.

Mickelson said the employee walked into the plant's health services department at about 5:30 p.m. Thursday and reported that he suffered an injury while preparing an animal for slaughter. The man was taken to a hospital, where he was pronounced dead.

Mickelson said Tyson continues to investigate the incident. The Occupational Safety and Health Administration also has been informed.

Global Warming Meltdown in the Supreme Court

2007-01-09T21:45:00.000-05:00

Check out the Pump Handle for a new post by David Rosner and Gerald Markowitz, the two historians who authored "Deceit and Denial: The Deadly Politics of Industrial Pollution," discussing the serious problems our nation faces when questioning by Supreme Court justices in a major case over the government's responsibility to address global warming make it clear

that there is a fundamental misunderstanding of science and the history of science at work here that is sadly being used to cover up essentially ideological opposition to the regulation of the industries that create the gases that threaten the planet.

This time, the sky really is falling, and the highest court in the land isn't taking it seriously.

Insurers Refuse Health Insurance To Workers In Certain Jobs

2007-01-08T21:59:00.000-05:00

If you're an air traffic controller, a firefighter, or work in a stable, forget about getting health insurance, at least from some California companies. Many workers get insurance on their jobs, but an increasing number don't and are forced to purchase individual policies -- if they can.

The LA Times reports that:

Entire categories of workers — including roofers, pro athletes, dockworkers, migrant workers and firefighters — are turned down for insurance even if they are in good health and can afford coverage, according to the confidential underwriting guidelines of four health plans.

Although Blue Cross of California, the state's top seller of individual policies, does not exclude applicants based on occupation, three others do: Blue Shield of California, PacifiCare Health Systems Inc. and Health Net Inc. Actuarially speaking, they say, certain workers pose too big a risk.

Considering that injuries and illnesses acquired on the job are covered by Workers Compensation, it's not clear why these occupations are excluded.

Though many firefighters are covered through their jobs, thousands are volunteers and many work as ranchers, farmers and small-business operators. Some of them have had a hard time finding affordable coverage, said Richard Reed, who is on the board of the California State Firefighters' Assn.

Reed said he was surprised to learn that denying them coverage was a written policy.

Workers' compensation would cover firefighting-related injuries, such as a hernia from carrying someone out of a burning building, he said. Beyond that type of condition, he said, he couldn't understand how a firefighter posed a bigger risk than someone else.

"I'd really be curious to see what the grounds are, why they are denying them," Reed said. "What's the rationale that someone is doing a community service and gets nothing for doing it?"

And it's all perfectly legal iln California. Insureres claim it's the only way they can keep premiums down for everyone else.

Here are some occupations that could render workers ineligible for health insurance under the policies of some insurance companies.

• Air traffic control

• Building, moving

• Chemical/rubber manufacturing

• Circus or carnival work

• Concrete or asphalt work

• Crop dusting

• Firefighting

• Furniture and fixtures manufacturing

• Lumber work, including wood chopping, timber cutting and working in a sawmill

• Migrant labor

• Oil well or refinery work

• Police work

• Roofing

• Sandblasting

• Sports, semi-pro or professional

• Stockyard work, with or without butchering

• Stables, all employees

• Stunt work

• Telecom installation

• Transportation and aviation

• Tree climbing

• Tunnel work

• War reporting

• Window work at heights exceeding three stories

Library Of Congress Cited For Safety Problems

2007-01-08T21:11:00.000-05:00

One might think that librarians have pretty darn safe jobs -- particularly those who work for the Library of Congress. Of course, as usual when it comes to workplace safety, that would be wrong.

According to Roll Call magazine (subscription required), the Library of Congress has received 4 citations from the federal Office of Compliance. (The Library of Congress, like other Congressional offices is not covered by OSHA, but the Office of Compliance enforces OSHA regulations.)

At the request of the [Library of Congress Professional Guild, AFSCME Local 2910], inspectors were first called to stacks in the Jefferson Building in August to determine whether any unsafe conditions had been created by heavy rains, said Nan Ernst, the guild's representative on the Library's health and safety committee.

Inspectors found water from a roof leak had damaged walls in Decks A and B, and cited the Library because of the potential for electric shock. Another citation was issued because water had caused the spread of lead paint particles.

While at the site inspectors also noticed nearby floor tiles and wall panels that contain asbestos had been damaged, and issued a third citation.

In addition, inspectors discovered a passageway between Deck B and Deck 38 in the building had been seriously deteriorated because of the use of heavy book trucks. That also created high levels of asbestos, prompting the OOC to issue a citation.

"Once we were over there, everybody started going, 'What's going on with this floor?" Ernst said. "It was kind of alarming. ... It should have never deteriorated to that point."

According to the citation, the extent of the deterioration required the Library to collect monitoring data on asbestos levels. The Library conducted only one sampling of the air, after workers had tried to fix some of the damages by covering the floor with protective material. That did not meet safety requirements, according to the citation.

The response of the LOC's General Counsel to the citations can be summed up in two words: "Bite me!"

In a letter to the OOC on Jan. 4, the counsel responded to one of four citations issued by the OOC on Dec. 13, contending the Library met all procedures regarding asbestos monitoring and took proper measures to protect employees.

"After careful review, the Library has concluded that its employees have not been exposed to unsafe working conditions, as alleged in the citations," the Library wrote in a statement. "We are responding to all the matters raised by the Office of Compliance. Together with the Architect of the Capitol, the Library has been addressing various maintenance issues for some time in the Thomas Jefferson Building to ensure that it remains a safe environment for all Library employees."

Not so, says Guild president Saul Schneiderman:

"For years our union has been raising concerns about asbestos at the Library of Congress," he said. "The recent exposure caused by damaged asbestos flooring in the Jefferson Building occurred because of neglect."

The Libary has until the end of January and beginning of February to respond to the citations. We'll keep you posted.

Victims of "Parking Rage"

2007-01-08T20:43:00.000-05:00

Bill Borwegen, health and safety Director of the Service Employees International Union (SEIU) reminded me today that generally, when one thinks of "law enforcement," one thinks of cops, well armed and trained to defend themselves against any aggressive lawbreakers who might try to assault them.

But actually, there are all kinds of "law enforcement" personnel -- including those who enforce parking laws -- and they aren't generally armed, trained (or paid) for the aggressive behavior of frustrated drivers -- particularly in San Francisco. So what seems at first like an amusing article about the trials and tribulations of parking in the City on the Bay, is actually a rather harrowing tale of yet another unseen (and unappreciated) category of public employee.

Burdened with one of the densest downtowns in the country and a Californian love for moving vehicles, San Franciscans have been shocked in recent months by crimes related to finding places to park, including an attack in September in which a young man was killed trying to defend a spot he had found.

More recently, the victims have been parking control officers — do not call them meter maids — who suffered four attacks in late November, and two officers went to a hospital.

Over all, 2006 was a dangerous year for those hardy souls handing out tickets here, with 28 attacks, up from 17 in 2005.

All of which has left officials in this otherwise civilized community scrambling to explain, and solve, “parking rage.”

And it ain't funny.

“It’s hard for me to understand people reacting in such a hostile manner,” said Nathaniel P. Ford Sr., executive director of the Municipal Transportation Agency, which oversees parking. “Clearly, this is a working person simply doing their job. I’ve gotten parking tickets, and I sort of slap myself on the wrist and pay the ticket.”

People in the field say abuse is common, often frightening and, occasionally, humiliating. In November, an officer was spat on, another was punched through the window of his Geo Metro, and an irate illegal parker smashed the windshield of another officer’s golf-cart-like vehicle.

“Just driving down the street, you get yelled at,” said Lawanna Preston, staff director for Local 790 of the Service Employees International Union, which represents parking control officers.

The officers are city employees but not in the Police Department.

“They can’t even eat lunch with that uniform on, because people approach them and curse at them,” Ms. Preston said.

And they ain't taking it any more. About 75 of the traffic enforcement officers, who make around $40,000 a year, demonstrated last week in front of the Hall of Justice to ask for more protection.

And like most workplace safety issues, there are causes and there are solutions. The causes include a geographically confined, densely populated city with too few underpriced parking spaces and too few overpriced garage parking. Possible solutions: adding cameras to the officers’ vehicles and pepper spray to their equipment, as well as increasing the penalties for attacking parking officers.

One thing missing from the article, however, is any mention of CalOSHA's involvement -- the agency that is supposed to be ensuring the safety of workers -- even parking enforcment workers.

Of course, San Francisco isn't the only city with serious parking problems. In fact, the problem is so widespread that there's even a parking blog.

Surprise: Employer Finds "Worker Error" To Blame For Fatality

2007-01-07T21:48:00.000-05:00

Why is this not surprising? Employer investigates employee's death. And the cause is? Worker error, of course.

Public employees, as we regularly complain, are not covered by OSHA in 26 states. This is bad for a number of reasons, the first being that they get injured and killed in easily preventable accidents because the employer is not incompliance with the same OSHA standards that apply to private sector workers doing the same job.

Another reason why it's bad not to cover public employees is that when one is killed, there's likely to an inadequate investigation or no investigation at all.

Take the case of Shawn Patilla. I wrote about Patilla's death already last October, after a valve ruptured in the high-pressure water main he was working on. He died from head and neck injuries as a result of being hit by the water at a pressure of 90 pounds per square inch Patilla had two daughters and a son.

So what was the problem? Human error, according to the investigation, conducted by Denver Water, the utility that employed Patilla. The problem with employers investigating their own accidents (which happens with workplace fatalities in workplaces not covered by OSHA) is that they often come up with "human error."

Denver Water officials wouldn't name the foreman or say how he was disciplined. He is a 25-year employee with a good safety record who cooperated fully with the investigation, said Trina McGuire-Collier, Denver Water spokeswoman.

The three-week probe by the water utility revealed that Patilla's foreman failed to pass on information to the crew that a 24- inch conduit had not been drained and was fully pressurized.

The crew's routine job that night was to remove an 8-inch line and reconnect it to a newer pipe that had been installed earlier in the summer.

Initially, the 24-inch conduit was expected to be drained. But it was decided the job could be accomplished without draining the conduit, which would avoid temporarily disrupting water service to dozens of homes.

The foreman reportedly told investigators he thought the crew had overheard a discussion about the conduit not being drained, but he didn't directly tell them it would be pressurized.

He also assumed a valve was bolted to the conduit, the investigation determined. Instead, it was a few feet from the conduit attached by pipe and steel restraining rods.

When the rods were cut and a small section of the pipe was removed, the valve and remaining length of pipe "separated violently from the conduit, flooding the excavation with water and causing the fatal injuries to Patilla," according to a Denver Water statement Friday.

Sure, blame some worker for screwing up. Discipline him, problem solved. Right?

Wrong.

Now, believe it or not, a worker being injured or killed because he cut into a pressurized pipe is not a freak accident; it happens all too often. In fact, it happens so often that OSHA has a standard designed to protect workers from being killed or injured in such incidents. It's called the "Lockout-Tagout" standard, technically known as the "Control of Hazardous Energy" standard, and is used to protect workers who may be repairing equipment that could turn on while they're working on it, or for pipelines that may be pressurized, as the one that killed Shawn Patilla was.

The utility blamed a supervisor for failing to communicate properly. He probably did fail to communicate properly. But that's only the direct cause of the incident, not the root cause. Lack of communication and miscommunication in these situations is so common that the OSHA standard requires a lockout-tagout program. In fact, the most likely root cause of Patilla's death was not worker error, but the employer's failure to have a lockout tagout program.

The OSHA standard for The Control of Hazardous Energy (Lockout/Tagout), Title 29 Code of Federal Regulations (CFR) Part 1910.147, addresses the practices and procedures necessary to disable machinery or equipment, thereby preventing the release of hazardous energy while employees perform servicing and maintenance activities. The standard outlines measures for controlling hazardous energies — electrical, mechanical, hydraulic, pneumatic, chemical, thermal, and other energy sources.

The lockout-tagout standard standard also requires workers to be trained about the employers program.

Pressurized pipes need to be depressurized, or the pressurized part needs to be isolated from the section the workers will be working on. A number of safeguards -- work permits or tags, for example -- must be used to ensure that workers don't work on the piping until it's safe, and that the pipes are not re-pressurized until the work has finished.

Bottom Line: Blaming workers (even foremen) for accidents is generally a way of shifting blame from poor management safety systems. And the fact that OSHA doesn't cover public employees just allows them to get away with it.

Weekly Toll: Death In The American Workplace

2007-01-07T16:39:00.000-05:00

A partial list of workers killed in the workplace over the past several weeks.

THP Officer Killed In Tipton County

Nashville, TN -- In West Tennessee, the Tennessee Highway Patrol is on the hunt for two men they believe killed a state trooper Saturday night. Trooper Calvin Jenks was shot twice, including once in the head.

A group of hunters saw the trooper’s blue lights from the woods. They checked it out, and found Jenks dead beside his vehicle in Tipton County. The Department of Safety is “deeply saddened by the loss” and is “doing everything” it can to “bring the suspects to justice”.

Rail worker killed

Sioux City, IA -- A Union Pacific employee was killed while working at the 28th Street yard this afternoon. The man was separating rail cars by destination at about 1 p.m. when he was struck by a rail car and killed, said Mark Davis, spokesman for Union Pacific. Davis said there will be counseling available to co-workers. He did not release the name of the victim.

Worker Killed At Demolition Site Identified

PENN HILLS, PA - A worker died after falling 40 feet from a building he was helping demolish has now been identified. Yousef Maayah, 64, fell off the Atlas Cement Plant in Penn Hills at about 1:20 p.m. Wednesday, the Allegheny County Medical Examiner's Office announced Thursday. Maayah last lived in Dearborn, Mich., but was a recent immigrant to the United States, the medical examiner's office said. His death was ruled an accident. Penn Hills police and the federal Occupational Safety and Health Administration were investigating. It was not immediately clear who Maayah was working for when he died. "We're still trying to determine who the employer was," said Leni Uddyback-Fortson, spokeswoman for OSHA's Philadelphia office.

Tacoma Utilities Worker Dies After Storm Accident

TACOMA, Wash. -- Tacoma Power worker Bary Kensrud died Tuesday night from injuries sustained during cleanup after the Dec. 14 windstorm. On Dec. 17, Kensrud and a tree-trimming crew were sent to remove a tree that had fallen onto the road near North 29th Street and Mullen Street in Tacoma. When the crew arrived they discovered a downed power pole that limited access to the fallen tree. Kensrud was standing on the ground cutting away the pole, which released the tension on some communications cables that were under the pole, when the pole and lines hit him, throwing him across the alley. The crew called 911 immediately and Kensrud was transported to the hospital where he remained in critical condition until his death Tuesday. Tacoma Power is following normal accident review procedures and preparing incident report ro share with Kensrud’s family.

Tyson Investigating Worker's Death

Emporia, KS - Tyson Foods is investigating the death of an Emporia worker who was hurt on the job. Tyson spokesman Gary Mickelson said a male production worker walked to the plant's Health Services Department about 5:30 p.m. Thursday night and reported being injured while helping prepare an animal for slaughter. He was taken by ambulance to a local hospital, but did not survive. Tyson operations and safety personnel are investigating. The Occupational Safety and Health Administration has also been contacted.

Alcoa worker dies from gas inhalation

POINT COMFORT, TX - 37-year old Port Lavaca man came into contact with hydrogen fluoride. A 37-year-old Alcoa employee died Tuesday in a Houston hospital after he inhaled hydrogen fluoride gas Tuesday afternoon while working in the chemical department at the Point Comfort plant. Late Wednesday, Alcoa officials identified the man as John Dorton of Port Lavaca. "It's a very sad day for us here," said Laurel Cahill, Alcoa's director of communications. "Our thoughts and prayers are with the family and friends of the instrument and electrical technician." In a news release, Cahill said Dorton had been an Alcoa employee since 2004. About 50 members of Hope Fellowship Church in Port Lavaca gathered for a prayer service Wednesday night to offer support and comfort to Dorton's wife, Carolina.

Budding farmer lost in tragedy

HARDWICK TWP., PA - 16-year-old Devin Yurga died doing what he loved, his mother says. 'He just had the gentlest heart.' One of the highlights in Devin Yurga's young life was the day he got his farmer's license and drove his Ford pickup truck across the fields for the first time. The 16-year-old, who dreamed of being a dairy farmer, had been working on area farms for years, but now he was one step closer to adulthood. His mom, Bonnie Yurga, is left with the memory of her son, who died Saturday doing what he loved -- driving a tractor on a Knowlton Township farm. Devin Yurga was operating a 1974 Massey Ferguson tractor Saturday morning when it flipped and pinned his upper torso. He was flown to Morristown Memorial Hospital, where, police said, he died of asphyxiation.

Accident kills utility worker

Waynesboro, GA -- An OMI employee was killed when a truck backed over him at Waynesboro's wastewater treatment plant. The accident occurred around 12:45 p.m. Saturday when Sewell Clifford Peckham, 25, was leaving the plant to make routine rounds in the city.

He was closing a gate behind his company truck when it apparently slipped into reverse, a spokesperson from the Georgia State Patrol (GSP) said, noting that their findings were preliminary.

Explosion at Bucks firm results in man's death

FALLS, Pa. -- A man was killed when a pressurized tank he was testing exploded at a concrete factory yesterday, police said. The man -- identified by police as Theodore C. Potsko, 40, of Doris Avenue, Bensalem, Pa. -- was working at Silvi Concrete on Newbold Road when the deadly acci dent occurred about 12:50 p.m. Police said Potsko was a veteran of the war in Iraq. The preliminary investigation revealed Potsko was pressure-test ing a water tank that was part of a cement mixer truck, police said. For an as yet unknown reason, the tank exploded, throwing Pot sko several feet and killing him instantly, police said.

Worker killed in Bronx construction accident, falls 2 stories

NEW YORK — A construction worker (Carlos Reinoso, 47,) operating an excavating machine during the demolition of a vacant building fell to his death Wednesday when a concrete beam tumbled off a second-story ledge and dragged his vehicle with it. A preliminary city report indicated that the man was using the front-end loader to push a 60-foot concrete beam to the ledge of a Bronx building's second floor when it got stuck. In an attempt to dislodge the 2-ton beam, the worker pushed it off the side of the eight-story building. But the beam dragged the machine with it, and it fell about 26 feet. The worker, who was thrown from the machine, was taken to a hospital, where he was pronounced dead. The city's Department of Buildings stopped work at the site and issued a violation to the contractor for unsafe demolition practices. Common practice would be to cut the beam into pieces before removing it. Engineers from the buildings department and inspectors from the U.S. Occupational Safety & Health Administration were investigating.

Pizzeria Employee Killed

Fort Wayne, IN - Fort Wayne police are looking for two men, who they say, shot and killed an employee at Tasty Pizza. It happened during a hold-up around 12:40 a.m. Sunday morning. There were a few employees in the store, when two masked men walked in with guns. What began as an armed robbery turned violent, and 23-year old Chad Brunson, of Fort Wayne was shot in the head. Paramedics pronounced him dead at the scene. So far, no arrests have been made. Police say this type of murder is rare. They hope surveillance video will help them find the killers.

Anchorage man dies at Red Dog Mine

ANCHORAGE, AK - An Anchorage man was killed Friday when he was struck by a boulder at the Red Dog Mine in northwest Alaska. Jeffrey A. Huber, 51, was pronounced dead at the mine's medical facilities. Mine officials said a boulder fell from the side of an open pit and struck Huber, causing massive head and chest injuries.

Two found dead in bar owned by Red Wings star

Detroit, MI -- Two people were found stabbed to death Tuesday morning at a sports bar owned by Detroit Red Wings defenseman Chris Chelios, authorities said. Police arrested a former employee, according to news reports. The victims were a man and woman who both worked for Cheli's Chili Bar, officials said. They were found shortly after 9 a.m. on the restaurant's second floor, said police spokeswoman Yvette Walker. A former employee was arrested, the Detroit Free Press and The Detroit News reported. Earlier, Police Chief Ella Bully-Cummings told the Free Press that "a former disgruntled employee" may have been responsible. The newspapers identified the victims as Megan Soroka, 49, of suburban Dearborn, and Mark Barnard, 52, of Detroit. Soroka was a manager and Barnard was a cook, the papers said.

Construction Worker Dies In Fall At New School

STEVENSVILLE, Md. -- A construction worker fell to his death Thursday while working on a roof of a middle school being built on Kent Island. The 45-year-old man, who wasn't identified pending family notification, was standing on the Matapeake Middle School roof when he fell from the two-story structure, hitting the concrete floor below, officials said. The man died at the scene, said Cpl. J.D. Hofmann of the Queen Anne's County Sheriff's Office.

Worker dies after becoming pinned by machinery at paper plant

GILMAN, Vt. -- A paper mill worker has died after becoming pinned by machinery at the Dirigo Paper Co. Gary Brown, 49, of Guildhall, was doing maintenance at plant Friday morning when he became pinned between the bucket and front of a skid steer. Brown, who had worked at the mill since 2004, was taken by helicopter to Dartmouth Hitchcock Medical Center. He died during emergency surgery.

Ironworker killed by falling metal plate

Brooklyn, NY - A Bronx man working as a dry dock ironworker was struck and killed by a 6,000-pound metal plate that fell from a crane at a shipyard inside the Brooklyn Navy Yard Saturday, according to co-workers and the victim's family. Police said their investigation was still pending and did not immediately identify the victim or provide details about the accident. Co-workers said the 40-foot-by-80-foot plate somehow came loose from a crane on a fuel barge and landed on the ironworker, Christopher Thomas, around 10:30 a.m. in the GMD Shipyard. Thomas was still breathing when he was rushed by ambulance to Brooklyn Hospital Center, where he later died, co-workers said.

Demolition worker dies from earlier injuries

Wilkes-Barre, PA - A demolition worker injured when a wall collapsed on him has died. Edward Widdick, 53, of Clarks Summit, died last week, Luzerne County Chief Deputy Coroner Bill Lisman said. The building collapsed Dec. 10. Firefighters and rescue workers tossed aside bricks and beams to get to Mr. Widdick, who was pinned for about 15 minutes. The building on Public Square, Wilkes-Barre's town center, was once part of Pomeroy's department store.

Cobb County lawman killed in car collision

MARIETTA, Ga. - A Cobb County sheriff's deputy driving to work was killed in a traffic wreck Sunday morning. Deputy Loren Lilly, 41, was killed in the collision, which occurred at about 5:45 a.m., Marietta Police said. Lilly was driving south on Powder Springs Road near Baltimore Place when his green Honda Civic collided with a white Ford Taurus and overturned several times, police said. Lilly's car overturned several times and he was killed at the scene, officer Casey Camp said.

Funeral Services Set For JSO Officer

JACKSONVILLE, Fla. -- Funeral services are set for Jacksonville Sheriff's Officer Corey Russ, who was killed in a traffic accident Saturday. Russ died Saturday afternoon after a collision that occurred while he was driving the wrong way on a one-way street downtown, state police said.

Man killed in roofing accident in Thompson

THOMPSON, CT — A construction worker was killed on the job this morning after falling 17 feet off scaffolding that was mounted against a house, state police officials with Troop D said. Scott B. Millette, 47, of Webster, Mass., was part of a roofing company crew installing a new roof on a two-story home at 422 Riverside Drive when he fell off aluminum scaffolding around 11 a.m., police said. Millette was transported to Day Kimball Hospital by ambulance. Millette succumbed to injuries sustained from the fall and was pronounced dead at 11:42 a.m. An autopsy is scheduled for Thursday at the Chief Medical Examiner’s office in Farmington.

North Texas firefighter killed in line of duty

DENISON, TX — A Denison firefighter who died this weekend while battling a blaze was a second-generation firefighter who had grown up around the North Texas department. Phillip Townsend, 31, died Saturday at the Texoma Medical Center about two hours after part of a building collapsed on him as he fought a fire that destroyed a Denison shopping center. Chief Gordan Weger, 54, was also trapped in the collapse. He was taken to the hospital and was treated and released, officials said.

Cab Driver, Father of Four Murdered

Atlanta, GA - DeKalb County police are investigating the murder of a taxi driver, who was shot to death at about 1:45 a.m. Sunday morning. The shooting happened at an apartment complex on New Bedford Way, near Shallowford Road and Interstate 85. Police responded to the scene after a neighbor called 911. When they arrived, they say they found the driver's body inside his van, which rolled down a hill, hitting the side of an apartment building. "We know him for a long time, so our company feel bad about it," said Amanda Flores, a friend and co-worker of the victim. "He had reported to our base about an hour ago."

SF Police Officer Dies After Shootout; Suspect Dies at Scene

SAN FRANCISCO, CA - -- A San Francisco police officer is dead after he was shot in the head last night, then pulled off life support by his family early this morning. Bryan Tuvera, 28, a four-and-a-half year veteran of the force, was shot by a suspect during a gun fight in the Sunset District that also left the suspect dead, according to Police Chief Heather Fong. She said the shootout started when two officers chased the suspect, wanted on multiple warrants, into the garage of a home on the 1,600 block of 25th Avenue.

W.Va. Man Killed in Mining Accident

MAIDSVILLE, W.Va. — A man died in a weekend roof fall at a northern West Virginia coal mine, becoming the 47th mining fatality in the nation this year. Electrician John Elliott, 26, of Newburg died Sunday night at Dana Mining Co.'s Prime No. 1 mine in Monongalia County, said Amy Louviere, spokeswoman for the federal Mine Safety & Health Administration.

Snapped cable killed construction worker

BUFORD, GA - A 21-year-old man - who worked for a Flowery Branch company - was killed Monday in a construction accident after a support cable snapped on an excavator driven by his brother. Gwinnett County Medical Examiner's Office investigator Ray Rawlins said Oscar Velasco of Lawrenceville died of blunt force trauma to the neck and head, causing a broken neck. Rawlins said Velasco was helping to install a sewage system for a new subdivision and was loading a trench box onto the tracked excavator, also known as a track hoe. The trench box weighs about half a ton, and the cables were up to 100 pounds, Rawlins said. ``The tension is deadly,'' Rawlins said. "It will destroy anything that it strikes.'' As his brother, Raul Velasco, lifted the trench box, one of the cables came off, striking Oscar Velasco on the base of his head and wrapping around his neck.

Man Dies After Falling Four Floors At Downtown Building

St. Louis, MO - A St. Louis County man died Monday night after falling four floors at a downtown St. Louis building under redevelopment. Sidney Taylor, 49, of the 9400 block of Burdella Avenue, was an employee of Environmental Operations, Inc., a St. Louis-based firm that provides abatement services. Chairman and CEO Stacy W. Hastie said Taylor fell from the sixth floor to the second floor of the Syndicate Trust Building at 10th and Locust Streets.

SJ Airport Contractor Killed On First Day Of Work

San Jose, Calif. -- A truck driver working on a construction site at the airport in San Jose has died after getting crushed between his cab and a conveyer belt, NBC11's Kris Sanchez reported. Rich Dressler with the Mineta San Jose International Airport said the man was moving equipment into storage near the north concourse at about 11:30 a.m. Tuesday when he was struck. The man was on the flatbed of his big-rig getting ready to move a conveyer belt when another truck got too close, Sanchez reported. "This second driver in the red truck flipped his flatbed and that movement caused him to be crushed between the back of his cab and the conveyer belt," Dressler said The incident took place at the southeast end of the airport in a construction area known as the "rental airfield," Dressler said. The area is off the flight path, he said.

CSX employee struck and killed by train

Selkirk, NY - CSX Spokesman Robert Sullivan said, "Shortly after midnight, about five after, we had a tragedy occur here." The CSX Rail Yard in Selkirk hadn't seen such a tragedy until early Tuesday morning when John A. Williams, 53, of Albany -- a CSX employee -- died after the company-owned ATV he was riding on collided with a train. Sullivan said, "This train was departing the yard, moving very slowly, less than 10 miles an hour."

Worker killed in Cass County pipeline blast

PORTER TOWNSHIP, Mich. — An employee of an electric utility was killed Tuesday when the digging machine he was operating hit and ruptured a high-pressure natural gas pipeline, causing an explosion that left a 60-foot crater and shook windows miles away, authorities said. The worker, Danny Young, 27, of Vandalia, was an apprentice lineman for Midwest Energy Cooperative, the Cassopolis-based utility said in a written statement. Young was part of a three-person crew installing primary electrical service to a home when his machine, known as a trencher, struck the pipeline. The other two crew members were not injured.

Man killed in bizarre accident

RIDGELAND, SC - A 52-year-old truck driver from Tennessee died in a freak accident Monday afternoon while he was trying to free his truck from mud after dumping a load of dirt at the Hickory Hill Landfill in Ridgeland, according to authorities. "He tried to get it loose with the bed extended instead of letting the bed down," Jasper County Coroner Martin Sauls said. "The cylinder popped off from the bed and came through the cab of the truck, crushing the driver." He died instantly, Sauls said. He said he couldn't release the name of the driver because his next of kin hadn't been notified. The driver worked for a Tennessee company hired to shuttle dirt to the dump by Houston-based Waste Management, which runs the landfill on Lowcountry Drive, Sauls said. The landfill serves Beaufort and Jasper counties.

Milton mourns officer killed in Tobin crash

Milton, CO - Flags were lowered to half-staff at Milton municipal buildings today in memory of Michael Devin, a 35-year veteran of the police department, who was killed in a two-car crash on the Tobin Bridge Monday. The accident on Route 1 in Chelsea remains under investigation as police try to determine "what role, if any alcohol played," according to Jake Wark, a spokesman for Suffolk District Attorney Daniel F. Conley. Autopsies are scheduled for today and may help determine why the other driver was heading the wrong way on Route 1 when his Toyota Camry collided with Devin's Honda Accord, Wark said. In Milton, people were still trying to come to grips with Devin's death.

Work restarted on wastewater treatment plant

SPOKANE, WA -- Work has restarted on a new addition to the wastewater treatment plant where a Post Falls man was killed in a construction accident last week. Construction was put on hold indefinitely following the death of 26-year-old Tizoc Gayton, an employee of Garco Construction, who was killed when a horizontal beam fell and killed him at the construction site last Tuesday. On Monday the city reported that construction had restarted on the new digesters for the wastewater treatment plant late last week.

Movement in cabbie killing

BETHEL, AK - Investigators chasing clues in a high-profile Bethel cabbie slaying executed search warrants at two locations Tuesday evening, Bethel police said. The search warrants centered on a handful of residents police are calling "people of interest." It's still too early to call those people suspects, Police Chief Ben Dudley said Wednesday. The warrants are the first announcement of a significant development in the investigation involving cab driver Ju Young Joung, 41. Joung was killed on Dec. 10 after people on snowmachines pulled up beside his idling cab. Dudley would not identify the owners of the searched premises nor describe any items seized.

Worker Dies In Construction Accident

SAN ANTONIO, TX -- A construction worker was killed Wednesday afternoon while working on a new development on the city's North Side. Police said the man got his head caught between an awning and a cherry picker he was being lifted on to do some electrical work at the Plaza on East Sonterra and Sigma. The man, in his 30's, died at the scene, police said.

Veteran Window Washer Falls to Death

WHITEVILLE, NC -- A Whiteville family is trying to figure out how their loved one fell to his death while on the job, washing windows. Kenny Lynn, 51, died after his lift tipped over while he was doing a routine window check up at the BB&T bank in Whiteville. Family members say window washing was second nature to Lynn. It's been a family business since 1940. With three generations of window cleaners, Lynn's daughter says it will be tough to move on without him. "I think it will be different without my dad. My brother, bless his heart, he has big shoes to fill and I know he can do it. Daddy had such a good reputation with so many people, Brandon, he can carry on that legacy," says Lynn's daughter Jennifer. One bank employee says he noticed all the safety precautions Lynn was known for were not in place, saying the scaffolding was not anchored correctly.

Highway construction worker killed near Rancho Viejo, Police say truck backed over man

RANCHO VIEJO, TX — A highway construction supervisor on U.S. Expressway 77/83 was accidentally run over and killed Wednesday morning north of Rancho Viejo, Brownsville police said. San Benito resident Santiago Olivares, 58, a supervisor with Ballenger Construction Co., was struck and run over at the 1300 block of Expressway 77/83 by a construction tar tanker after he walked behind the truck, police Sgt. Pablo Flores said. Olivares was working in the middle of the expressway where workers were reconstructing the roadway and adding lanes. The highway lanes are diverted around that section of construction, which is more than a quarter mile south of Highway 100. “It was a work site accident,” Flores said. “Apparently, he was run over by the vehicle’s rear right-side tires.”

Construction worker crushed by roller

BARBOURSVILLE, WV -- A 43-year-old construction worker was crushed by a construction roller Wednesday evening while working on a subdivision in Barboursville, according to Cabell County Sheriff Sgt. R.B. Chafin. Chafin said John O'Dell and other employees for Scott Hutchinson Enterprise were operating two pieces of heavy equipment when it appeared that the soil gave way and the equipment overturned on O'Dell. The construction workers were working on Island Estates, a subdivision of apartments located along Route 60 off of East Pea Ridge. Cabell County Sheriff's received a call at 7:13 p.m. Cabell County EMS transported O'Dell to St. Mary's Hospital, where he died shortly after.

Nolen Construction employee found dead along road

BLACK OAK, OH -- An Olive Hill man was found lying beside a guardrail in Black Oak Wednesday and was later pronounced dead, said police. Beecher Yates, 56, an employee for Nolen Construction, had been performing repairs on telephone lines along Kentucky 8 in Sand Branch. The Lewis County Sheriff's Office received a call around 11:15 a.m. to report the finding, said authorities. At the scene, it appeared Yates may have fallen from a ladder, but hospital reports indicated Yates had suffered a heart attack. Yates was transported to Southern Ohio Medical Center and was pronounced dead at 11:54 a.m. The Portsmouth Ambulance Service, the Black Oak Fire Department and deputies Tom Polley and Dwayne Stone responded to the scene.

East P.A. bar owner is city's fifth homicide of year

East Palo Alto, CA - The owner of a popular East Palo Alto sports bar was shot to death late Wednesday night. John Farmer, 56, was shot once in the chest and pronounced dead at the scene, said police Lt. Tom Alipio. Farmer owned The Doctors Sports Bar & Grill, 2240 University Ave. Authorities have not made any arrests, Lt. Alipio said. Detectives spent much of Tuesday at the restaurant, which was shut down temporarily, investigating the crime scene. The shooting was the fifth homicide of the year in East Palo Alto. Last year, 14 people were killed in the city. Authorities are also trying to figure out what happened in a different shooting late Wednesday night. Just after 11 p.m., two 17-year-old East Palo Alto residents were found in a car at the corner of Newbridge Street and Willow Roads in nearby Menlo Park. They told officers that there were stopped at a red light when someone from another vehicle opened fire on them, then sped away, Lt. Alipio said.

Construction Worker's Death Considered Accident

BROWNSVILLE, TX - Investigators are treating the death of a construction worker as an accident. Santiago Olivarez, 58, was killed while working inside a construction zone, just north of Rancho Viejo. Police say they responded to a call just after 10 a.m. "We are still interviewing witnesses at this time," says Lieutenant William Ingram of the Brownsville Police Department. "We understand that he was walking one way and a tar tanker was backing up when he struck him." A tar tanker is a heavy-duty truck used for distributing oil before paving.

Dubuque man killed in crane accident

DUBUQUE, Iowa -- A Dubuque man has died after a crane he was working in tipped over and pinned him between the crane's cab and an electrical transformer. According to the Dubuque Police Department, Lonnie Plumley was working in a crane owned by A-1 Crane Service of Dubuque at a construction site in the city. The crane was in the process of moving a large aggregate hopper when the crane tipped. Plumley was pronounced dead at the scene. Officials from the Occupational Safety and Health Administration are investigating the cause of the accident.

Utility worker electrocuted in Greenville County

GREENVILLE, S.C. - A utility worker on a pole in northern Greenville County was electrocuted after he touched a live wire and fell, the coroner's office said. Tim Oldham, 43, of Salem died Monday afternoon after the incident that occurred while he worked on a pole off state Highway 11. Oldham worked for Sumter Utilities. The company and the Occupational Safety and Health Administration are investigating the death, Coppins said.

Construction worker killed in electrical accident

ST. JOSEPH, Mo. - One construction worker was killed and another was seriously injured after metal poles they were moving at a house touched a low-hanging power line. Ivair Olinpio DosSantos, 20, died in the accident Thursday. He was pronounced dead at a St. Joseph hospital. Marcos Vincius Silva Teixeira, 23, was injured trying to help DosSantos. The men were employed by a Lenexa, Kan., construction firm that was working in the southeastern St. Joseph neighborhood without a permit, said Cmdr. Jim Connors, police spokesman. Witnesses said the accident victims were at the side of the home disassembling metal scaffolding. Vinyl siding had been added to the home earlier.

Blaine Bar Employee Killed In Fight

Blaine, Minn. - A bouncer is dead and a 35-year-old man is in critical condition after a bar fight in Blaine early Friday morning. The bouncer, 24-year-old Greg Klaers, was killed while trying to break up that fight. His brother saw the whole thing happen. "I saw a knife and the next thing I saw was my brother bleeding and hitting the ground," said Andy Klaers, the victim's older brother. "Greg was my best friend ... he's my brother and my best friend. He's the only one that would look past anybody's faults." ...Greg Klaers later died at HCMC. A customer was also stabbed and critically wounded. Police arrested four men for assault. Police Chief David Johnson says they've had an unusually high number of police calls at Time Out -- 37 this year.

Store manager shot and killed in Pasco County

LACOOCHEE, Florida (AP) — Pasco County authorities say the manager of a convenience store was fatally shot during a robbery. Sheriff officials say the suspect entered P.K. Food Store and shot and killed Rahul Patel, who was standing behind the counter shortly before 8:00 Thursday night. A second employee in the store was able to hide and call for help when he was sure the suspect had left. Patel was pronounced dead at the scene. The suspect got away with an undisclosed amount of money. He's described as a black man between 20 and 30 years old with dreadlocks. It's believed he got away in a red, older model vehicle with tinted windows.

Four dead after plane crashes, Aircraft carried family members from San Diego

CONCORD, CA — A veteran pilot trying to land his plane with three family members aboard crashed short of a Buchanan Field runway on a drizzly Thursday morning, his aircraft clipping a Highway 4 median and cartwheeling into flames before stopping in a muddy field. All four aboard died, including the pilot's wife of more than 50 years and their 12-year-old grandson. Pilot John Mauricio, a 78-year-old retired commercial fisherman from Las Vegas, left San Diegos Montgomery Field around 9 a.m. en route to Concord for a business trip.

Bank Teller Identified In Fatal Shooting

Little Rock, AK - Little Rock police say a bank robber fatally shot one teller before demanding and getting money from another teller at a bank branch in west Little Rock Saturday. The robbery occurred at about 11 am at a Metropolitan National Bank branch on North Rodney Parham Road, near the intersection with Interstate 430. Employees at the Little Rock bank branch were less than an hour away from closing their doors for the Christmas holiday. That's when police say a masked gunman entered and shot employee James Garison.

Treasure Island rollover of SUV kills woman, 20

SAN FRANCISCO, CA - The mood on Treasure Island was somber Friday as Job Corps staff and students reeled from the loss of one of their own. Job Corps member Alea Burr, 20, was killed just after 1 a.m. on Friday when the sport utility vehicle she was riding in rolled over near the intersection of California Avenue and H Avenue on Treasure Island. Treasure Island Center Director Benjie Williams, who runs the local chapter of the federal program, said the Job Corps community is coming together to support one another after the tragedy. “It’s a deep, deep sadness,” Williams said. “We just need to take care of the students, take care of the staff now.” Job Corps is a U.S. Department of Labor program in which about 800 people under age 24 take part at Treasure Island. The 39-acre campus on the island provides educational opportunities, counseling and job training for young adults.

Memorial, burial today for man killed in Sisquoc

Sisquoc , CA - Memorial services and burial are scheduled this morning for a Santa Maria man who was killed in an industrial accident in Sisquoc last week. A memorial for Peter “Pete” Noragong, 48, will be held at 10 a.m. today in the chapel of Magner-Maloney Funeral Home and will be followed by burial at the Santa Maria Cemetery. Noragong was working for J & N Trucking Services, a division of Bakersfield-based Grayson Services Inc., when he was sent to check on a pump in an oil field southeast of Santa Maria on Dec. 28, said Dean Fryer of the California Occupational Safety and Health Administration. “We know he removed the guard covering the drive belt and we suspect that he looked into the area where the pump is to get a visual of the drive belt when the counterweight of the pump struck him in the head,” Fryer said.

Ranch worker killed in ATV fall

Lake Sherwood, CA - A worker at a ranch near Lake Sherwood was killed Sunday morning when the all-terrain vehicle he was driving plummeted down a 50-foot slope, officials said. Jeremias Antonio Vargas, 44, a resident of the San Fernando Valley community of North Hills, was pronounced dead at Los Robles Medical Center in Thousand Oaks about 10 a.m., an hour after the accident, said Mike Feiler, a senior deputy medical examiner with the Ventura County Coroner's Office.

Man Hit, Killed By SUV, Police: Pedestrian Was Trying To Cross Loop 410

SAN ANTONIO, CA -- A construction worker on his way to lunch Friday was hit and killed while he was trying to cross loop 410. The 36-year-old man was getting off work early, according to a friend he talked with on the phone just before the accident. The man jumped a concrete barrier and attempted to cross Loop 410 at Alamo Downs Parkway when he was hit by a sport-utility vehicle. "We were going to pick him up because he said he was getting off early today. So I said, "OK, we'll met you here at Pepe's, OK?' Sure enough, we got here and saw all the traffic. I told my wife, 'I hope it's not a friend of ours who works here,'" said the victim's friend, Andy Ramirez. Tragically, it was his friend who was hit. The construction worker took the chance to get across 410 and made it across two lanes when he was hit by the SUV, said police.

Worker is killed by a train at steel mill

COATESVILLE, PA -- A 24-year-old steel mill worker was fatally struck by a train at the plant, authorities said. Brian E. Pluck, of Coatesville, died from massive head injuries around 4 a.m. Wednesday, according to the Chester County Coroner's Office. Pluck's body was found on railroad tracks at the Mittal Steel USA plant, where his job was to link and unlink railcars. Pluck, who was married, worked for a subsidiary of Harsco Corp., a Harrisburg company that had a contract to clean up slag and other waste from the Mittal plate-steel plant. Harsco and the United Steelworkers of America are conducting investigations, as is the federal Occupational Safety and Health Administration.

Feds probe death of crushed worker

Queens, NY - Laborer Luis Murillo died a horrible death on a cold night in Queens, his waist and legs crushed under a massive steel boiler door. The city medical examiner called it an accident. But the circumstances leading up to his death - including a botched attempt to save him - are now the subject of a federal investigation. The 3,000-pound door fell late on Friday, Dec. 15, as a handful of workers - including Murillo and his brother - were trying to remove it from a boiler at a utility plant in Astoria, Queens. It slammed down on top of Murillo, a 38-year-old father, crushing his lower torso and legs and pinning him to the floor, according to records and several sources. The workers, from All-Star Welding and Demolition of Danbury, Conn., told first responders they used a forklift to pull the door off Murillo.

Trash worker dies of injuries from fall

ALTOONA, Pa. (AP) -- A trash worker died of injuries he suffered when he fell off the back of a trash truck the day before, authorities said. Michael Rightenour, 34, of Hollidaysburg, died Wednesday morning from a severe brain injury, said Blair County Deputy Coroner Jeff Guyer. Rightenour was on the back of the truck Tuesday morning when the truck's driver, Rightenour's cousin Steven Rightenour, swerved to miss another vehicle, police said. Steven Rightenour, of Altoona, faces charges of driving with a suspended license and accidents involving injury or death because he left the scene, police said. The charges will be filed in early January.

Construction Worker Struck, Killed By Forklift

PLAINFIELD, Ind. -- A construction worker was fatally struck by a forklift Wednesday morning on the site of future Plainfield High School, police said. Witnesses told police that Danny Karr was crossing a parking lot when a forklift, being driven around a curve, struck him at about 11 a.m. Karr was taken to Indianapolis' Wishard Memorial Hospital, where he was pronounced dead, police said. Police said the forklift's driver apparently did not see Karr before he was struck. Karr, an employee of Ermco Electric, was working at the construction site of the new high school, located on Indiana 267 at Reeves Road.

Hardhat's crushed in building collapse

New York, NY - Calling into the darkness of a partially collapsed building in upper Manhattan, an injured construction worker pleaded yesterday for his nephew, a fellow hardhat, to respond. But there was no answer. Burton Joseph, a 33-year-old father who began working as a hardhat just four weeks ago, was crushed to death about 12:30 p.m. when three floors pancaked inside a W. 113th St. building. Two other workers, including Joseph's uncle, Stephen Fanfan, were injured. Nesta Felix, 27, the dead man's cousin, visited her injured uncle at St. Luke's Hospital last night.

Webster roofer dies after fall

THOMPSON, MA -- A Webster man working on roof died Wednesday at Day Kimball Hospital in Putnam after he fell from scaffolding. Scott B. Millette, 47, of Lake Parkway, Webster, was part of a crew installing a new roof at a home at 422 Riverside Drive when he fell about 17 feet about 11 a.m. Wednesday, according to a news release by Resident State Trooper John Aiello. Mr. Millette was taken by ambulance to Day Kimball Hospital, where he was pronounced dead at 11:42 a.m., according to the release. The roofing company was not identified. Trooper Aiello, Thompson Building Official Alvan R. Hill, the Office of the Chief Medical Examiner, and the U.S. Occupational Safety and Health Administration are investigating.

Firefighter, 31, Dies After Battling Blaze At Shopping Center

Denison, Texas -- From the time he was old enough to walk, Phillip Townsend toddled around the Denison Fire Department. And he grew up to become a firefighter, just like his father. The younger Mr. Townsend, a 31-year-old father of three, was killed Saturday morning while doing the job he grew up loving, Denison fire officials said. He died after part of a building collapsed on him and the Denison fire chief as they battled a blaze. Mr. Townsend and Chief Gordan Weger, 54, were driven to Texoma Medical Center in Denison, where Mr. Townsend died and Chief

Weger was treated and released, Sanitation driver formally charged in fatal accident

Altoona, PA - An Altoona man who drove the garbage truck his cousin fell off of last week was arrested Thursday on charges stemming from the fatal accident, city police said. Steven Wayne Rightenour Sr., 40, of 1020 Fourth Ave. was arrested at his home. He doesn’t have a listed telephone number and could not be reached for comment Friday. Rightenour was driving on a suspended license Dec. 26 when he swerved to avoid a collision with an oncoming vehicle on the 2200 block of 10th Avenue, court documents state.

RPU Worker Dies

ROCHESTER, MN -- An R.P.U. worker has died while on the job today in Northwest Rochester. It happened at this home near the 2700 block of Bandel drive around eleven this morning. An R.P.U. spokesperson says, the man was found unconsicious and taken by ambluance to Saint Marys hospital. We do not know the exact cause of death, but police tell us the man was not electrocuted. His name hasn't been released pending notification of relatives.

Grocery Store Owner Shot in the Head

Philadelphia, PA-December 30, 2006 - Police are searching for the gunman who shot a man in the head during an attempted robbery. It happened late Saturday afternoon in the 51-hundred block of Walnut Street in West Philadelphia. Police say the storeowner was shot in the jaw. The bullet exited the back of his head, but it looks like the victim is going to survive. Inside Sabah Grocery, pools of blood surround a box of sugar and bottles of Mountain Dew - signs of a struggle, say police. The owner, Bashir Ouazzani was shot in the head during an attempted robbery. Charles Groweles, a customer of Ouazzani's, told Action News, "He was the guy, if you were a little short of some change, he'd just say see you next time you come in. You know trying to get his business going."

Berks trash collector killed while working on truck

EXETER, PA -- An Exeter man was killed Friday afternoon after the trash truck he was working on broke free and pinned him to the ground, police said. At approximately 1:15 p.m., Leonard Kramlich Sr., who lives and operates his business, Lenny’s Sanitation Service, at 5581 Oley Turnpike Road, was working under the cab of a truck when the cab broke free and flipped forward onto him, police said.

Death of construction worker investigated

PLACIDA, FL -- Authorities are investigating to determine the circumstances that led to a construction worker falling to his death from a rooftop. Emilio Diaz, 31, of Arcadia, landed on his back and died from the fall, according to ABC Construction, the company that employed Diaz.

Shrimper killed when hair catches in pump

Bayou La Batre, AL-Richard Luther Rodgers, a 56-year-old commercial shrimper, was killed Saturday morning when his long hair became entangled in the shaft of the bilge pump aboard his brother's shrimp boat, said Rodgers' girlfriend, Debbie Jo Garrett. The incident occurred shortly after Rodgers left Bayou La Batre to fish for shrimp in the Gulf of Mexico, Garrett said Tuesday at the mobile home they shared on Padgett Switch Road in Irvington.

Worker Killed as Building Partially Collapses

NEW YORK, NY -- A construction worker died and two others were injured after a building under construction in Harlem partially collapsed early Tuesday afternoon, police said. Authorities responded to the call about the five-story, unoccupied tenement building located at 280 West 113th Street at about 12:30 p.m. said Emily Rahimi, a spokeswoman for the fire department. Some of the building's floors apparently gave way, officials said. No scaffolding was visible outside of the building, and the outer walls did not appear to be affected. A view from the roof of a nearby building showed that the top floors of the structure had fallen in. The victim has been identified as Richard Joseph, 33, of Brooklyn. The two injured workers were taken to St. Luke's Hospital and are listed in stable condition, 1010 WINS' Terry Sheridan reported.

Cab driver identified; services set for today

WATERVLIET, NY -- Police on Tuesday identified the taxi driver killed by an alleged drunken driver this weekend as Donna Rehm of West Hoosick. The 57-year-old woman was driving through the city at about 9:45 p.m. Saturday night when Megan Vogel, 22, plowed into her taxi, authorities said.

Utility worker electrocuted in Greenville County

Greenville, SC - A utility worker has died after he was electrocuted while working on a pole in northern Greenville County. Greenville County Deputy Coroner Ken Coppins says 43-year-old Tim Oldham of Salem died Monday afternoon. Coppins says Oldham was working on a pole on State Highway 11 when he touched a live wire and fell to the ground. Oldham worked for Sumter Utilities. Coppins says the company and the Occupational Safety and Health Administration are investigating the death.

Work restarted on wastewater treatment plant

SPOKANE, WA -- Work has restarted on a new addition to the wastewater treatment plant where a Post Falls man was killed in a construction accident last week. Construction was put on hold indefinitely following the death of 26-year-old Tizoc Gayton, an employee of Garco Construction, who was killed when a horizontal beam fell and killed him at the construction site last Tuesday.

Crash kills Milton detective; Fellow officers mourn death of 35-year veteran in Route 1 accident

MILTON, CO - Instead of talking about the approaching holidays, Milton police officers are mourning the death of a 35-year veteran detective who was killed in an accident near the Tobin Bridge tolls. ‘‘I’m devastated,’’ said Milton Deputy Police Chief Paul Nolan. Detective Michael A. Devin, 57, of Milton, was killed at 4:14 p.m. yesterday when a car driven by Stephen M. Parnell, 50, of Nashua, N.H., came the wrong way on Route 1 and crashed into Devin’s personal car. Parnell was also killed in the crash.

Tacoma Utilities Worker Dies After Storm Accident

TACOMA, Wash. -- Tacoma Power worker Bary Kensrud died Tuesday night from injuries sustained during cleanup after the Dec. 14 windstorm. On Dec. 17, Kensrud and a tree-trimming crew were sent to remove a tree that had fallen onto the road near North 29th Street and Mullen Street in Tacoma. When the crew arrived they discovered a downed power pole that limited access to the fallen tree. Kensrud was standing on the ground cutting away the pole, which released the tension on some communications cables that were under the pole, when the pole and lines hit him, throwing him across the alley. The crew called 911 immediately and Kensrud was transported to the hospital where he remained in critical condition until his death Tuesday. Tacoma Power is following normal accident review procedures and preparing incident report to share with Kensrud’s family.

Harford sheriff’s deputy killed in crash

Baltimore, MD -- After leaving his family's business to pursue his dream of working in law enforcement, William Beebe wasted no time working to make a mark as a Harford County Sheriff's deputy.

Late Monday, as his shift drew to a close, Beebe, 28, was on his way to assist fellow deputies on an attempted suicide call when his police cruiser ran off a neighborhood road in Abingdon, and careened down an embankment and into a shallow creek. He was taken to a local hospital, where he was pronounced dead at 1 a.m. Tuesday.

Firefighter dies of injuries sustained in house fire

ATLANTA, GA - An Atlanta firefighter has died of injuries sustained fighting a house fire on Thanksgiving night. Officials say firefighter Steven Solomon died early today in Grady Memorial Hospital's burn unit. He was injured fighting a house fire in northwest Atlanta that investigators determined was sparked by an unattended candle left by homeless people staying in the unoccupied house.

Local firefighter dies on duty

MILLERTON — Family members, firefighters and others in the Millerton community are mourning the death of a lifelong firefighter who died in the line of duty Sunday.

Hector McClune, 76, died after collapsing at the scene of a grass fire about 2:30 p.m. Sunday, the Millerton Fire Department said. He was one of about 25 firefighters who responded to the fire at Millerton Elementary School on South Elm Avenue in the village. Roger said it is believed McClune died of a heart attack, but the cause of death remains uncertain pending an autopsy. State police are investigating the fire.

Plumbing employee electrocuted near Roswell

ROSWELL N.M. -- A man trying to clear a sewer line at a home south of Roswell was electrocuted, Roswell police said. Cloys Dement, 48, an employee of C Reading Plumbing, Heating & Cooling, was killed Wednesday in what Roswell police are calling an industrial accident while he was operating machinery.

Dement was found about 11 a.m. at a home where he was doing repair work, Roswell police Cmdr. Tony Sedillo said. Dement was pronounced dead at Eastern New Mexico Medical Center. "He was conducting some outside plumbing work," Sedillo said. "It's very possible he electrocuted himself in the course of trying to clear the sewer line."

Carbon monoxide victim identified

SOMERSWORTH, DE -- A woman who died Tuesday from carbon monoxide poisoning while working on a home on Walnut Street was identified yesterday as Natalie Lufkin, 46, of Greenland. Lufkin, a contractor working in the home, was discovered passed out there Tuesday afternoon, a little before 3:30. Safety officials from Somersworth and Dover responded and Lufkin was taken to Wentworth-Douglass Hospital where she was pronounced dead.

Police said yesterday they believe Lufkin's death was an accident, but are continuing to investigate the incident along with fire department, the state Fire Marshal and the Occupational Safety and Health Administration.

2nd Metro Worker Dies From Nov. 30 Accident

A second Metro employee who was hit last week by a Yellow Line train died yesterday, transit officials said. Matthew Brooks, 36, of Waldorf, was one of two trick inspectors hit by a four-car train Nov. 30 near the Eisenhower Avenue station.

Matthew Brooks was inspecting tracks when the train hit him. The other worker, Leslie Arvell Cherry, 52, who was known as Arvell, died on the day of the accident. Both were struck from behind.

Deadly gas blamed in death

Cuyahoga Heights, OH -- Troy L. Tetlak, 35, of Parma was killed by carbon monoxide while working Monday at Charter Steel in Cuyahoga Heights, Cuyahoga County Coroner Elizabeth Balraj said. He was taken to MetroHealth Medical Center at 8:13 p.m. and pronounced dead at 8:29 p.m., she said. The Occupational Health and Safety Administration is investigating. Tetlak had two sons, 10 and 6. His wife, Vickie, said he was an electrician hired by Charter Steel in August. "He went to work early Monday to get some overtime before Christmas," she said, sobbing. The company had not given her details about what her husband was doing when he was overcome by the odorless gas, which prevents the blood from carrying oxygen to vital organs. A company spokesman did not return a reporter's call.

Roofer dies in 18-foot fall into building Roofer dies in 18-foot fall

Town of Oconomowoc, WI - A 72-year-old roofer died from a head injury after falling 18 feet through a roof that was deemed unsafe by the Okauchee fire chief. Dane Delich, owner of Milwaukee-based D & S Roofing, was explaining something to one of his employees when he stepped off plywood on the roof and onto an area that was not supported by plywood, Police Chief James Wallis said.

Delich was on a job at Lake Country Concrete, N50-W34548 Road P, when the accident occurred at 11:25 a.m. Saturday, Wallis said. He fell through the roof, striking his head on maintenance equipment that was stored in the building. He died at the scene. Wallis said the roofing company placed the plywood on the roof for safety purposes, and that Delich had told others to stay off the roof because it was unsafe.

NorthWestern Energy lineman dies in work-related accident

BUTTE, MT -- A NorthWestern Energy lineman died Monday while clearing downed trees from a 115 kilovolt power line between Plains and Thompson Falls, the company said Tuesday. Nick Hegge, 52, was the company's town manager in Plains. Justin Myers, a Sanders County coroner, said Hegge was cutting at the base of a tree that had fallen on the power line. "The part he cut loose came down the hill and took him with it," Myers said Tuesday. Hegge rolled about 50 feet down an embankment and the tree landed on top of him, suffocating him, Myers said. He died at the scene.

Bronx: Man Crushed to Death

A Bronx man died yesterday after falling into the back of a cement-pumping truck, the police said. The man, Ramon Gonzalez, 40, was working in Morrisania about 4 p.m. when his shirt got caught and he was pulled into the machinery at the back of the truck. Firefighters pulled him out and he was taken to Lincoln Medical and Mental Health Center, where he was pronounced dead, the police said.

Motorcade cop dies

Honolulu, HA -- A motorcycle officer injured last week while escorting President Bush in the islands died Sunday, police said. Steve Favela, 30, and two other officers crashed their cycles as the presidential motorcade was traveling across Hickam Air Force Base next to Pearl Harbor to meet troops for breakfast Tuesday. The other officers were treated at The Queen's Medical Center and released. Favela, an eight-year veteran of the Honolulu Police Department and father of four, had suffered internal injuries and had been listed in critical condition at the medical center.

Fatal forklift accident

Pittsburgh, PA -- A worker helping to unload a piece of equipment on a forklift was killed yesterday after the load shifted and pinned him against a trailer, authorities said. John Alan Malandro, 42, of Charleroi, died at 10:36 a.m., yesterday, while working at Spartech-Polycom in Donora, according to Washington County Coroner Tim Warco.

Mr. Malandro, who was employed by Staff Masters of Washington, Pa., was unloading the equipment from the trailer with a co-worker, who was operating the forklift, at the time of the 9:40 a.m. accident, authorities said.

Crash Kills Semi Truck Driver

Dearborn, MI -- A late night crash on Interstate 94 killed one man Friday night, according to Michigan State Police. The crash happened on eastbound I-94 in Dearborn, when the driver of a U.S. Postal Service truck lost control and crashed into a car on the side of the road. Michigan State Police told Local 4 the driver of the truck died in the accident.

Health and Safety Activist Aaron Wilson Dies At 34

2007-01-05T22:52:00.000-05:00

Aaron Wilson, Executive Director of the Western Massachusetts Committee on Occupational Safety and Health has died unexpectedly of a heart attack at age 34. I didn't know Aaron well, and after reading his obituary and the contributions to his memorial website, Remembering Aaron.org, I'm sorry I didn't.

According to his obituary:

Aaron was a tireless organizer, writer, leader and activist for civil rights and social justice who devoted his regrettably short life to improving the world....His rebellious and often agitated demeanor confounded every kindergarten in Worcester, landing Aaron in the special education system, which unjustly wrote him off as a reprobate. Through his mother’s devoted advocacy and his own discipline and determination, Aaron learned to channel his prodigious energy and intelligence to productive ends, and he accomplished more in his thirty-five years than most people do in seventy. The anti-authoritarianism that caused so much trouble in his early life eventually became the basis for a sophisticated personal philosophy and a lifetime of service to others.

***

Beginning in 2001, Aaron served as Executive Director for the Western Massachusetts Committee for Occupational Safety and Health (COSH) in Springfield, where he trained union members in improving health and safety conditions. This included helping families of deceased Chapman Valve, Inc. employees get compensation for uranium ore exposure. He helped broker the Alliance for a Healthy Tomorrow, an collaboration between labor and environmental groups promoting safer alternatives to toxic chemical use. Aaron also served as a delegate for governor-elect Deval Patrick. For his service to the community, Aaron received the Micah Award for Springfield Community Activist of the Year and the Unsung Hero Award, among many others.

Aaron loved science fiction and history, excelled at stretching a budget, and he appreciated all of life’s pleasures, especially music. He was an avid music collector and a passionate concert-goer. He was a strong believer in the education that comes only from experiences. Whatever he did, he did with gusto and an often irreverent sense of humor. But no matter how busy, he always prioritized the needs of family and friends. Aaron raised the inelegance of being human to an art form, which always brought a sense of ease to those close to him.

New Mine Safety Laws Slowww To Take Effect

2007-01-04T23:43:00.000-05:00

Boy those mine companies are really busting their balls to provide rspirators for miners. They can't help it if there aren't enough respirators to go around. But Charleston Gazette reporter Ken Ward writes that something's rotten in the state of West Virginia.

A year after the Sago Mine disaster, thousands of West Virginia coal miners are still waiting for the additional emergency breathing devices promised by Gov. Joe Manchin and the coal industry.
Many of the state’s mine operators have placed orders with the nation’s largest manufacturer, CSE Corp., and could be waiting until late 2007 for delivery. CSE’s biggest competitor, Ocenco Inc., has an even longer waiting list.
“My sense is that there is a tremendous backorder,” said Chris Hamilton, a vice president for the West Virginia Coal Association.

Turns out Hamilton's "sense" is "nonsense."

At the same time, another supplier, the German company Draeger, has thousands of self-contained self-rescuers, or SCSRs, sitting in a warehouse.

“We don’t have a backlog at all,” Wes Kenneweg, president of Draeger’s North American operations, said in an interview earlier this month.

At Draeger’s warehouse near the Pittsburgh airport, more than 6,500 of its OXY K-Plus units fill row after row of shelves.

“We haven’t had that many orders,” Kenneweg said.

Uh, maybe they could try leafing through the phone book.

And what's wrong with this picture? It seems that although the West Virginia and federal mine safety laws require mining companies to provide more rescue respirators throughout the mines, and provide a plan by last August for how many respirators must be provided and where they'll be located, Ward reports that

neither state nor federal officials have actually required companies to buy the devices and give them to miners.

Of course, not everyone is happy to wait:

Phil Smith, a spokesman for the United Mine Workers, said that the union is concerned about delays in getting SCSRs into the nation’s coal mines.
“They need to have these units, and it’s obviously better to have them sooner rather than later,” Smith said.
***
In his report on the Sago disaster, former MSHA chief Davitt McAteer urged the mining industry not to delay safety improvements waiting for complete answers or perfect technology.
“The unmistakable message of the Sago Mine disaster is that we cannot afford to wait,” McAteer wrote.

And it's not hard to understand why no more time should be lost. The need for improved respirators is nothing new. The Federal Coal Mine Health and Safety Act of 1969 required rescue respirators that would provide at least one hour of air, but the regulations that actually implemented the requirement were not finished until 1981. It became clear very soon that one hour of air was not enough, and the Clinton administration began the process of developing regulations to requre more respirators and better technologies. But -- and how many times have we heard this before? --

the effort wasn’t completed, and the Bush administration scuttled the proposal after taking office in 2001.
Reform of SCSR rules gained political traction again only after 12 miners died in the Jan. 2 Sago disaster, two more in the Aracoma fire and five in the Darby disaster.

Now, we have laws reqiring more and better respirators, but the companies seem to be shopping only at the establishments that have backlogs. And you don't want to interfere with their freedom to shop where they want:

Terry Farley, administrator for West Virginia’s mine safety office, said that his agency continues to accept purchase orders to show compliance. Soon, he said, inspectors may start asking to see letters from SCSR supplies showing estimated delivery dates.
“Our folks have been told to check and make sure nobody is stalling,” Farley said.
Still, there’s little the state can do to force companies to switch to another company that has units available, Farley said.
“At this point, we cannot tell people what brand to buy,” Farley said.
Bruce Watzman, a lobbyist on safety issues for the National Mining Association, was surprised to hear that Draeger had so many units on hand.
“I thought the available units were being purchased and utilized,” Watzman said. “But that boils down to individual company decisions about what unit is the best for the needs of their employees.”

I'm sure miners don't mind waiting....at least until the next fire.

Labor Website of the Year

2007-01-03T21:17:00.000-05:00

Must be that time of year again.

Confined Space is once again in the running for Labor Website of the Year. You can vote for Confined Space in that colorful blue, green, yellow and red box in the upper right corner of this page. (Or, if for some strange and unexplainable reason you want to vote for some other site, you can do that here. Never let it be said that I'm not fair.)

The competition is run by LabourStart, "Where trade unionists start their day on the net." In case you've never checked it out, LabourStart is an international labor news service and is the source of the headlines you see on the right side of this site, as well as the health and safety news also over on the right.

You may remember last year, Confined Space came in third with 404 votes. The winner, the British National Association of Schoolmasters Union of Women Teachers (NASUWT) (a union with over 200,000 members) had 1,078 votes, fewer than the number of visits Confined Space gets on a typical weekday. So there's no reason we shouldn't win this going away. Right?

Voting ends on 31 January 2007. You can only vote for one site and you can only vote once. (Finally, just to make life more difficult, also note that you will receive an e-mail asking you to confirm your vote. You need to click on the link.)

"Egregious Delay" -- Unions Sue OSHA For Protective Equipment Standard

2007-01-03T20:14:00.000-05:00

Seems like common sense.

When workers are required to use gloves or boots or hardhats in order to do their jobs safely, the employer should pay for that equipment. Seemed like common sense to OSHA, as well, eight years ago when it began the process of issuing a standard codifying OSHA's previous practice of requiring employers to pay for workers' personal protective equipment.

Common sense, that is, to everyone except George Bush's OSHA which seems to be filled with very studious types who never have their fill of studying "complicated" issues. Never.

David James, a spokesman for the Labor Department, said, "The case has not fully been reviewed by the department and it deals with complicated issues that will affect different employers and employees in a variety of ways."

James said the department is reviewing public comments about the proposal before offering a final rule.

Those would be public comments from the last century.

America's workers, however, are fed up with what the AFL-CIO and the United Food and Commercial Workers union call an "egregious example of unreasonable delay"

The labor organizations filed a lawsuit today in the US Court of Appeals in Washington DC to force OSHA to issue its "Payment for Personal Protective Equipment Standard" within 60 days. The standard, initiated in 1997, would require employers to pay the costs of protective clothing, lifeines, respirators, face shields, gloves, boots, hardhats and other equipment used by an estimated 20 million workers to protect them from job hazards.

The failure of the Bush administration to issue the standard has been devastating:

The lawsuit asserts that the Bush Administration's failure to act is putting workers in danger. By OSHA's own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule. The labor groups say that workers in some of Americas most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA's failure to finish the PPE rule.

OSHA began work on the standard eight years ago in response to a court decision that said that OSHA's previous policy of requiring employers to pay for PPE was not legal because it was not specifically stated in OSHA's PPE standard. Many OSHA standards (such as lead, benzene, noise, respiratory protection, bloodborne pathogens, confined spaces, asbestos, and laboratory safety) already require emloyers to provide and pay for PPE, but where PPE is not required by a standard, OSHA's policy since its creation has been to require employers to pay for the PPE.

The tragedy of this situation is that this should have been a relatively short and simple standard to issue. OSHA issued a proposal in 1999, held four days of hearings which generated widespread support from safety professionals and unions, and almost no opposition from the business community. OSHA had originally planned to issue the standard in 2000, but missed that deadline. The Bush administration has set numerous deadlines since then and missed them all. In 2003, the AFL-CIO, UFCW and numerous other unions petitioned the agency for a standard.

According to the lawsuit, OSHA's failure to require employers to pay for PPE falls most heavily on immigrant workers:

In some jobs, including many low-wage jobs dominated by immigrant workers, PPE is a worker’s principal protection from harm. Poultry workers wear protective gear such as wire mesh gloves to protect their bodies from cuts and rubber boots to prevent them from slipping on wet floors. Welders wear face shields, welding aprons and gloves to protect them from hazards of the welding arc. Construction workers wear hard hats and steel-toed shoes to prevent injury from heavy objects falling on them. They rely on lifelines or lanyards to prevent falls from roofs and other high places. Other workers wear gloves, goggles, face shields, protective clothes and shoes, and other PPE.

Despite its importance, personal protective equipment is the least effective means of protecting workers, behind eliminating the hazard or using engineering controls (such as ventilation) to separate the hazard from the worker. But the lawsuit notes that OSHA itself had expressed concern that the current situation

could also lead to perverse incentives for employers. Given a choice between engineering controls that the employer must pay for, and PPE that would be paid for by employees, employers would have a strong incentive to use PPE even though engineering controls would be more protective and might even be cheaper.

The lawsuit also points out that the failure to require employers to pay for PPE has created an "inconsistent and confusing enforcement landscape."

Workers covered by many specific OSHA standards like asbestos and benzene receive PPE to protect them from these hazards at no cost, but workers who are exposed to hazards that are not covered by a specific rule can be required to pay for their own PPE. Thus, workers on the production line in a battery plant who are exposed to lead are provided protective clothing that is paid for by the employer, 29 CFR § 1910.1025(g)(1). But workers in the same facility on the charging line, who are filling batteries with sulfuric acid, can be required to pay for their own protective clothing, because sulfuric acid exposures are covered by the general PPE rule.

The lawsuit argues that the court should force OSHA to issue the standard because the Administrative Procedure Act (APA), which governs the development of regulations

directs agencies to conclude matters presented to them “within a reasonable time,” and authorizes courts to “compel agency action . . . unreasonably delayed.” OSHA’s failure to complete the PPE rule almost eight years after it was first proposed represents an egregious instance of unreasonable delay. This is an uncomplicated rulemaking on a straightforward, but significant, issue of importance to worker safety and health. This Court should direct OSHA to complete the PPE rule within 60 days after the Court’s order.

The lawsuit called OSHA's failure to act an "egregious example of unreasonable delay."

"Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so. It is long overdue that the agency take action on protective equipment. Now, we are asking the courts to force OSHA to act," said Joseph Hansen, UFCW International President.

“The Bush Administration’s failure to implement even this most basic safety rule spotlights how it has turned its back on workers in this country,” said AFL-CIO President John Sweeney. “Too many workers have already been hurt or killed. The Bush Department of Labor should stop looking out for corporate interests at the expense of workers’ safety and health on the job.”

Related Documents

Text of the Lawsuit
Press Release in English
Press release in Spanish

January 2, 2006: Today In Workplace Safety History

2007-01-02T22:32:00.000-05:00

Today marks the first anniversary of the Sago Mine Disaster which killed twelve West Virginia miners and launched a year that would see the number of deaths in the nation's coal mines climb from 22 in 2005 to 47 in 2006. Sago and subsequent incidents led to the passage of mine safety legislation in the US Congress and the states of West Virginia and Kentucky.

But conditions aren't improving fast enough:

Many of the safety measures that state legislatures and the Congress rushed to adopt to protect the 46,000 people working in the nation's underground coal mines after the Sago Mine explosion a year ago today have yet to take effect.

There are still no rescue chambers or wireless tracking and communications equipment in the country's 606 underground coal mines, and it is unlikely that there will be until federal requirements kick in more than two years from now.

Hundreds of emergency air packs that are to be stored underground - currently required by law - are on back order and will take months to deliver.

"You can't walk over and flip the switch and change it all in a year," said James M. Dean, who spent eight months as West Virginia's mine safety chief after the Sago Mine explosion. "The negative is, it's not happening fast enough."

And just today, Ken Ward at the Charleston Gazette notes that MSHA knew for ten years that the foam blocks allowed by the Mine Safety and Health Administration to to seal off abandoned areas of mines were not strong enough to withstand the blast forces that could be anticipated.

One year ago today, an explosion tore through International Coal Group’s Sago Mine in Upshur County. Twelve miners died.

So far, two state investigations have blamed lightning. Neither probe has figured out how lightning got into the mine. But both have found that the explosion was far stronger than the 20-psi standard mine seals were required to meet.

Five months after Sago, then-acting MSHA chief David Dye issued a temporary moratorium on new seals built under the agency’s 20-psi standard. State officials in West Virginia took similar action.

But the Sago disaster might not have happened if regulators and the coal industry had heeded the warnings from Oak Grove, and from a series of other lightning-induced explosions in the U.S. and abroad dating back more than 30 years, federal and state investigators have learned.

Today, thousands of underground miners across the coalfields work alongside foam-block seals that experts now acknowledge don’t meet the “explosion proof” test required by the 1969 federal mine safety law.

So far, no one has a plan to protect these miners.

More information on the 2006 mine disasters here.

I'm Back

2007-01-02T22:08:00.000-05:00

Tired, jet-lagged, but back from visiting my daughter on her Junior Year Abroad. Guess where she's studying? Hint:

"Worst Workers Comp Decision I've Ever Seen"

2007-01-02T21:27:00.000-05:00

Workers comp receives a lot of complaints. It doesn't adequately compensate workers for loss of wages and ability to work, premiums are too high for some employers, it's often difficult to prove that illnesses are work-related and it precludes workers from suing their employers except in the most extreme cases of employer negligence.

Nevertheless, one of the main advantages of workers comp is that it's supposed to be "no fault." That is, the only thing that matters is if a worker gets hurt on the job, not whether the worker may have been at fault.

That is, until this decision in Ohio.

The Ohio Supreme Court has upheld a KFC franchise’s petition to deny workers’ compensation payments to a teenage boy who was severely burned while cleaning a pressure cooker, raising questions from lawyers and the dissenting judges about the basic no-fault tenet of the state’s workers’ compensation.

The majority in the 5-to-2 decision on Wednesday accepted the argument by the restaurant owner that the boy, David M. Gross, then 16, had voluntarily abandoned his job when he ignored repeated warnings not to boil water in the cooker to clean it. That meant he was not entitled to workers’ compensation payments because he no longer had a job when he was injured, the ruling said.

“This is the worst decision I’ve seen since I’ve been practicing law,” said Philip J. Fulton, a workers’ compensation lawyer and past president of the Ohio Academy of Trial Lawyers. “It changes the whole substance of what workers’ compensation is supposed to be.”

Mr. Gross was working at a Dayton-area KFC on Nov. 26, 2003, when boiling water spewed from a pressure cooker and caused third-degree burns around his hip and groin and second-degree burns on his arms, torso and back. Two co-workers were also burned.

A company investigation found that Mr. Gross had ignored warnings in the employee handbook and on the cooker as well as repeated warnings by two co-workers and a supervisor.

As usual, the problem isn't so much in the specific case, where the worker was clearly violating safety procedures, even though it violates the basis of Workers Comp law over the past century. The bigger problem is almost every other case where employers instinctively and automatically blame workers for accidents, claiming that they weren't following procedures. We see this in almost every article about a workplace accident, where employers "can't understand" how the accident happened because the company has a "great safety program" and the worker "wasn't following proper procedures."

We see it in small incidents adn we see it in large catastrophes. We even saw BP blaming workers for the 2005 BP Texas City explosion that killed 15 workers. Several workers were fired following the incident, accused of not following proper procedures. Of course, what soon emerged was the fact that valves, gauges and other equipment weren't functioning properly, that management and workers knew about the equipment problems, that some faulty equipment had been identified years before by OSHA which had recommended its removal, that company officials all the way to the top of the giant company were aware of safety problems at the refinery and on and on.

The no-fault nature of workers comp is one of the few benefits of the system that still remain. If that goes, if employers can get out of paying workers comp by simply claiming that the employee wasn't following proper procedures, then what's the point?

Related Stories

Blaming The Worker: In Texas City and On the Rails. May 18, 2005
"Engineers and conductors sleep on trains. Anyone who tells you different is not being straight with you," May 9, 2005
Deaths and Injuries at US Steel: Blame the Workers?, Feb 24, 2005
Behavioral Safety Comes To The Railroads, November 15, 2004
Blame the Worker: Chinese Style, January 3, 2004
Worker Error Department (cont'd), April 14, 2003
Worker Error Department, Part 2 April 11, 2003
Worker Error Department, April 10, 2003

Bush Administration Issues Chemical Plant Security Proposal: Industry Likes It

2007-01-02T18:05:00.000-05:00

The Department of Homeland Security has issued a proposed regulation to prevent terrorist attacks on chemical plants. Comments on the proposal are due February 7 and the new rules must go into effect by April 7. The new rules sound good at first glance:

DuPont Co., Dow Chemical Co. and other chemical companies will have to submit to government inspections of their plants' security under proposed regulations issued today by the U.S. Homeland Security Department.

Under the new rules, chemical plants considered to be high- risk must assess their vulnerabilities and provide security plans to the government. Manufacturers could be fined as much as $25,000 a day or, in the worst case, closed down for non- compliance.

Although the chemical industry applauds the Bush administration's proposal, the new proposals have come under considerable criticism

Under the rules issued Friday by the Homeland Security Department, chemical plants at high risk of terrorist attack will largely determine for themselves the level of protection they think is needed.

Nothing in the rules suggests that the plants must adopt specific security measures. A concrete barrier blocking access to toxic chemicals? A switch to safer chemicals if economically feasible? Even a chainlink fence? There is nothing in the rules requiring the chemical industry to invest in security measures or to adhere to strict standards. Instead, the nation's chemical companies will tell the government how they think the plants should be protected. And if the government rejects their security proposals, the chemical plants can appeal.

Even Republican Senator Susan Collins had problems with the proposal:

Sen. Susan Collins, R-Maine, who is stepping down as head of the Senate Homeland Security Committee.

Collins, who co-wrote the legislation calling for the rules with Sen. Joe Lieberman, D-Conn., the committee's incoming chairman, said the department was going too far in some areas, despite having gained much-needed authority to regulate security at chemical facilities and to shut down those that are noncompliant.

The rules "appear to go beyond what Congress authorized" by the department assigning itself authority to pre-empt the legal authority of states and courts and creating other ways "to shield itself from legitimate judicial scrutiny of its own actions."

As Collins notes, DHS is now able to pre-empt state chemical plant security laws, such as New Jersey's which requires chemical plants to take measures to reduce their vulnerability to catastrophes resulting from terrorist attacks. The New Jersey law also requires 43 (of the state's 140 plants) using the most hazardous chemicals to review the potential for adopting inherently safer technologies.

So, can we trust chemical companies to ensure their own security. As with most voluntary programs, you have some who do a good job and some who don't. Given the cost cutting, maintenance cutbacks and otherwise sorry performance of petroleum giant BP over the past couple of years, the whole thing makes me a bit nervous.

Related Articles

The US Congress: "Doing Businesses' Bidding" On Chemical Plant Security, October 2, 2006

Congress Gives Chemical Plant Security To The Chemical Industry, September 25, 2006

Chemical Plant Security: The Plot Sickens, April 17, 2006

Homeland Security To Turn Chemical Plant Security Over To Industry, March 21, 2001

Ho, Hum. Yet More Chem Plant Security Stuff, January 23, 2006

NY Times Says It's Time To Take Chem Plant Security Seriously, May 22, 2005

Itty Bitty Steps Forward On Chemical Plant Security?, December 27, 2005

NJ Issues Chem Plant Safety Regs; Including Safer Technologies, December 1, 2005

WMD Found! Look Over Your Shoulder, May 9, 2005

"We can't protect ourselves if we are not part of the plan", February 20, 2005

NY Chem Company Decides Terrorism Threat Is Over, February 6, 2005

Department of Homeland Security: Buddy Can You Spare a Dime?, September 27, 2004

Chris Cox & Tim Russert: Educate Yourselves!, July 17, 2004

If Safety Was Voluntary, Only Volunteers Would Be Safe, April 8, 2004

Chemical Industry Steps Up To the Plate...And Strikes Out, June 26, 2003

Weapons of Mass Destruction Found -- In Our Backyards, November 17, 2003

The War for Chemical Plant Safety, May 4, 2003

Company Pardoned: Mother Nature Guilty of Homicide

2006-12-25T16:47:00.001-05:00

It was just "a tragic accident caused by a snow avalanche in Alaska's harsh climate" said Alaska Governor Frank Murkowski just days before leaving office, as he pardoned a company convicted of criminally negligent homicide in the death of one of its workers, killed in an avalanche in 1999.

Gary Stone, a 46-year-old father of five, was killed in an avalanche while on a Whitewater Engineering Corp. job site. According to Murkowsiki,

In a Nov. 30 letter addressed to Thom Fischer, Whitewater's president and owner, Murkowski said: "I recognize that criminal convictions against a company has serious implications for small businesses operating in Alaska." He said the criminal charges "seem to be excessive punishment."

Yeah, wouldn't ever want to hurt any small businesses. I mean, shit happens, right? Can't do anything about Mother Nature, right?

Not necessarily.

Stone was working on a $15 million hydroelectric project in a valley outside Cordova. He was on a backhoe when snow slid off a 2,000-foot slope and buried him.

Workers had previously complained about the danger, and an avalanche expert hired by the company had warned Fischer there was a high probability of a serious snow slide at the site, according to a report from the state's occupational safety agency.

Basic, required safety procedures were not followed on the site and the company exhibited gross negligence, according to information submitted by the state at the company's sentencing. A state report said Fischer didn't want to spend the money on a comprehensive avalanche control program.

A state judge found the company guilty of negligence in Stone's death, fined Whitewater $150,000 and ordered the company to pay approximately $17,000 to the victim's family. Settlement of a Stone family lawsuit left his children with about $7,000 each, family members said.

The state filed a separate lawsuit alleging multiple violations, which was resolved with an additional fine against the company.

And it's not like anyone was even going to jail. The company's owner, Thom Fischer, was initially charged personally with manslaughter in Stone's death, but that charge was dropped and the company itself was convicted. Pardoning the company means it may be eligible for company insurance breaks and opportunities for future federal or state jobs.

The victim's family said that the state never notified them of the pardon, which the company had requested. "This is a huge slap on the face," said Stone's daughter, Jessica Ridinger, 30, who burst into tears when told about the pardon by an Anchorage Daily News reporter.

Hard to blame her.

Happy Holidays

2006-12-21T15:32:00.000-05:00

OK, after a few idle threats, I'm really taking off this afternoon for foreign shores and probably won't be blogging until I get back after New Years (although I will be working on my Top Ten Workplace Safety and Health Stories of 2006).

That is, unless I happen to find a nice internet cafe and nothing to do....

So have a happy holiday, relax, spend some nice time with family and friends -- and in your spare time think about what we as activists and workers need to do next year to make sure more workers come home safe and sound at the end of the day.

And then we're off to 2007.

Who wudda thunk it?

Chemical Safety Board Tackles Public Employee OSHA Coverage

2006-12-21T01:28:00.000-05:00

Well, there's at least one agency in this country that cares about the workplace safety conditions of public employees.

The US Chemical Safety and Hazard Investigation Board held a hearing last week laying out the preliminary findings from an explosion at the Bethune Point Wastewater Treatment Plant in Daytona Beach, Florida last January that killed 2 employees. Workers were using a cutting torch above a tank of methanol when vapors from the tank ignited, the flames flashed back into the tank, where an explosion and fire killed two workers and seriously injured another. The CSB found that the workers had not been trained about the hazards of methanol, a flame arrester that was intended to stop the flames from entering the tank malfunctioned due to lack of maintenance, and the pipes attached to the tank were made of plastic, instead of metal, which increased the severity of the fire. (A CSB animation of the incident can be viewed here)

But the most important finding of the Board was that public employees in Florida, like public employees in 25 other states are not covered by OSHA and that lack of coverage was one of the factors that lead to the fatal incident.

Florida is one of 26 states that lacks a mandatory program that meets OSHA standards, federal officials said. Only a few categories of public workers in Florida are covered by mandated safety standards, including correctional officers and firefighters. The state safety program was eliminated in 2000 and a governor's executive order made such programs voluntary.

"There are 26 states that are in this same situation. That's over half of our country," Merritt said of the lack of safety programs. "It's really quite an amazing situation and why we thought this was a very important case to investigate."

Union official Marc Brody of the Florida Council 79 of the American Federation of State, County and Municipal Employees said Florida's 133,000 public workers face great risks not working under OSHA standards.

"It is scandalous that wastewater-treatment workers and thousands of other state and local government workers in Florida do not have the most fundamental rights to a safe workplace that every American worker needs and deserves," Brody said.

AFSCME Council 79 represents the workers at the plant.

Better training, construction of the system and maintenance of the flame arrester -- all of which would have been required by OSHA -- would have prevented the deaths, according to CSB investigators:

Robert Hall, who headed the federal investigation, said the explosion may have been prevented if the corroded safety device on the methanol tank had been regularly cleaned or inspected.

The device, called a flame arrester, is commonly used to stop an external fire from igniting chemicals inside a tank. At the Daytona tank, the bread-box-sized aluminum flame arrester, that might have cost less than $500, had corroded so badly that it had gaping holes where flames could pass through, he said.

Flame arresters should be inspected regularly and cleaned of dirt so that they can be effective, Hall said. However, city officials had not cleaned or inspected this device since it was installed in 1993, he said.

The methanol tank also should not have had plastic PVC pipes and valves, but should have had steel pipes, Hall said. The plastic pipes failed, causing methanol to gush onto the crane cab where Jones sat.

Hall also pointed out that Daytona Beach did not have enough safety training for its employees, with the number of training sessions declining since 1997. Facing severe financial woes, the city eliminated the job of safety officer in 2004.

OSHA standards require that employees who weld or use cutting torches receive specific training on the potential hazards and that supervisors must review and control the use of torches.

Hall said Daytona Beach had neither the training nor a control program. If it had, "This accident would not have occurred," he said.

The CSB will issue recommendations to the City of Daytona and other parties, including recommendations to the state of Florida addressing the lack of public employee protections.

Related Stories

A Workplace Death That Will Never Be Solved, December 12, 2006
Oops. Did OSHA Forget That Public Employees Are Second Class Citizens?, October 18, 2006
Laws Of Nature, Laws Of Man (Some Men, At Least), April 20, 2006
Florida Public Employees Pay The Ultimate Price For No OSHA Coverage, January 18, 2006
Conducting The Public's Business -- And Dying For It, November 11, 2005
Death of Boston T Worker Raises Issue of Public Employee OSHA Coverage, February 2, 2005
America's Most Mistreated Workers: Public Employees, April 8, 2004
Public Employees to Senator Graham: Go Forth and Agitate, December 12, 2003

December 21, 1951:Today In Workplace Safety History

2006-12-21T00:15:00.000-05:00

December 21, 1951: Orient 2 Mine explosion kills 119 miners in West Frankfort, IL. More here.

John L. Lewis emerging from the Orient No. 2 mine in West Frankfort, Illinois after viewing the devastation of the mine explosion.

Criminal Prosecution In Trench Death

2006-12-20T02:10:00.000-05:00

Now this is more like it.

A concrete company was criminally charged Tuesday in the death of a worker who suffocated in a trench that collapsed at a worksite.

Maco Concrete Inc. willfully violated the Michigan Occupational Safety and Health Act in connection with the April 23 death of Jeffrey Padot, Attorney General Mike Cox said in a news release.

The St. Clair Shores-based company was charged with failing to provide a hazard-free workplace, a 1-year felony carrying a fine of up to $10,000.

A telephone listing for Maco Concrete could not be located Tuesday night.

Padot, 41, of Eastpointe, and another worker were laying sewer pipes in a 10-foot-deep trench at a home in Oakland County's Addison Township. The other worker was rescued after the trench walls collapsed.

Investigators determined that the earthen trench walls were nearly vertical and were not supported or shored to reduce the risk of collapse, in violation of MIOSHA requirements.

OSHA regulations require trenches deeper than 5 feet to be either shored or sloped.

Postscript on Iranian Couple Fired By NIOSH

2006-12-19T21:17:00.000-05:00

It's kind of heartwarming to read about the the Afshari's faith in America after a court reversed their dismissal by the National Institute for Occupational Safety and Health for allegedly failing some kind of background check.

Shahla Afshari said the settlement has helped restore her faith in America.

“I believe that people from the Middle East, there are so many things they go through. Most of the time they are scared and don’t say anything,” she said.

“For those people, I have a message. You have to have faith in God. If you haven’t done anything, you have to fight for your integrity. You have to fight for your rights.”

Maybe. But I'm still having trouble getting past the fact that this happened in the first place, particularly now that more information has been released, and why it went on for so long after it was obvious to everyone that the government had screwed up -- big time.

The Afsharis’ lawsuit revealed that:
The Federal Bureau of Investigations had decided the Afsharis were not a threat long before they were fired. A local FBI agent already had conducted a routine check and closed their file.
A government official was forced to recant her sworn testimony about the couple. At first, she said she recommended to Howard that they be fired. Later, she said that her sworn testimony was “not consistent” with her current "recollection of matters.”
The government officials in Atlanta who recommended their firing never interviewed their neighbors, co-workers or supervisors in Morgantown. They never talked to the local FBI agent, either.
For two years, the federal government tried to hide behind national security concerns, Karlin said. But earlier this year, a federal judge forced them to hand over documents about the firing, which helped lead to a settlement.

NIOSH Director John Howard says the firing was a mistake, although it was done "in good faith" at the time. Huh? Good faith for whom?

I know John Howard. He's a good, decent person. So if someone like him can get swept up in anti-immigrant (particularly anti-middle eastern) fever, what does that say about this country's defenses against flagrant and unfounded violations of people's rights -- even if they don't happend to be American citizens yet?

Related Articles

Iranian Couple, Fired By NIOSH, Win Lawsuit, December 19, 2006
Fighting For Freedom: Iranian Couple Still Trying To Get Their Jobs Back At NIOSH, December 10, 2006
Terrorists in NIOSH? Someone Seems to Think So, December 13, 2004

Tripoli Six Sentenced To Death

2006-12-19T18:55:00.000-05:00

When looking for scapegoats, is it just human nature to go after workers first? Today, six health care workers - five Bulgarian nurses and a Palestinian doctor -- were convicted of infecting over 400 Libyan children with HIV, despite scientific evidence that the children were infected before the health care workers arrived.

I'll leave it to Revere at Effect Measure to express the disgust we all feel.

Science and justice have met vengence and science and justice have lost. It is a lesson that goes beyond Libya, but for now it is Libya that stands accused.

Iranian Couple, Fired By NIOSH, Win Lawsuit

2006-12-19T00:31:00.000-05:00

Happy endings are so nice, even if they are way overdue.

Ali and Shahla Afshari, fired by the National Institute for Occupational Safety and Health (NIOSH) when they allegedly failed a background security check, 18 years after entering this country, have won a lawsuit against their dismissal. The Afsharis were awarded $600,000 and the right to return to their jobs. Ali Afshari will return to NIOSH, but Shahla will not because she's attending dental school.

The Afshari's were escorted out of their workplace and dismissed two years ago because they they “failed to pass a background check” that they didn't even know was happening. Nor have they ever been told of the reasons that they failed.

Most important, the Afsharis said, are the letters they received from the agency director, John Howard. Mr. Howard, who approved their dismissals, said they should not have happened.

“What we really wanted more than anything else in the world was to clear our name,” said Mrs. Afshari.
***
Mr. Afshari, 54, returned last week to his job. Albert E. Munson, an agency official who had objected to the dismissals, said: “We are just terribly happy to have Ali back. He’s just a great guy.”
Last year, when the Afsharis became eligible to apply for citizenship, they considered not applying. The application is being processed.
“What we believed all along is that this is a great country,” Mrs. Afshari said. “Wrong things may happen, but as long as you have a chance to raise your voice and ask questions, you can get justice.”

December 19, 1984 and 1907: Today In Workplace Safety History

2006-12-19T00:23:00.000-05:00

December 19, 1984: Fire in the Wilberg Mine in Orangeville, Utah kills 27 miners. The tragedy occured around 9:00 in the morning as a result of an air compressor fire at an air compressor station at the mouth of the 5th Right longwall section of the mine. Twenty-eight miners were present, only one survived.

AND

Dec. 19, 1907: At 11:30 a.m., a massive explosion rocked the Darr Mine of the Pittsburgh Coal Co. near the village of Jacobs Creek, at the point at which the creek enters the Youghiogheny River above Smithton. Just one miner near the surface was able to escape the holocaust that took 239 lives. More here.

Another Miner Dies. Will Stickler Rise To The Challenge?

2006-12-18T22:05:00.000-05:00

As funeral preparations get under way for the 47th coal miner of 2006 to die in the workplace, the Charleston Gazette once again takes down the Bush administration's sellout of American miners:

For example, at surface mines, monster trucks used to haul coal and rock are involved in numerous fatalities, often because their brakes are faulty and are not adequately inspected. In other cases, drivers cannot see other workers in the vehicles’ blind spots. Some safety equipment would help prevent these deaths. Video scanners can be mounted to the trucks and rigged to come on automatically when a driver shifts into reverse, giving the driver a view of what’s behind. But both federal and state agencies have dawdled about requiring this lifesaving precaution.

During the Clinton administration, Davitt McAteer, then head of the U.S. Mine Safety and Health Administration, asked mine operators to install such video cameras voluntarily. He sought industry opinions on a rule that would require them. But after President Bush took office, MSHA suddenly had other priorities, and the idea was dropped.

But the Gazette's editors are somewhat impressed with the words of controversial MSHA head Richard Stickler. Now if he can only put his money where his mouth is:

President Bush’s most recent appointment to head MSHA, West Virginia native Richard Stickler, has a chance to set these conditions right. So far, he’s saying all the right things. He speaks plainly and sensibly about safety and the need for change. He promises a crackdown on operators who chronically break safety rules. Where the state’s report on the Sago disaster is contradictory and leaves many questions unanswered, Stickler promises a complete report, however long it takes.

“My approach is to be very aggressive,” Stickler said during a visit to the Gazette, “particularly on the attitude that fines are just the cost of doing business.”

Safety starts at the top, Stickler said. Individual miners must have confidence that their employers support following safety rules and reporting problems so they can be corrected.

Less than a month on the job, Stickler sounds good. If he can deliver the action he has promised, miners and their employers will be better off, and President Bush will have made a good appointment and given the nation a good public servant.

Time will tell. Personally, I'd rather be proven wrong by a bad nominee proving himself to be surprisingly good than the other way around.

Weekly Toll: Death In The American Workplace

2006-12-18T01:33:00.000-05:00

A partial list of American workers killed in the workplace over the past two weeks.

Employee dies in accident at Linden Lumber Co.

LINDEN, AL - An employee at Linden Lumber Co. died in an accident while working at the plant yesterday afternoon. Marengo County Coroner Stuart Eatmon said that Ronny Pritchett fell through the roof of the flooring plant at the facility yesterday.

“They were out there repairing the roof at the flooring plant when he fell through,” said Eatmon. “He fell about 30 feet head first so he died instantly on impact.”

Eatmon said that Pritchett did not have on a safety harness while he was on the roof and that he wasn't tied off to anything. He said that Pritchett stepped backwards and fell through a hole on the roof headfirst.

Ft. Worth Officer Killed On Side Of Road

FORT WORTH, TX -- A Fort Worth police officer was killed early today when his patrol car was struck from behind and burst into flames as he was helping a motorist with a flat tire. The officer was identified as Dwayne Freeto, a 34-year-old rookie. He died at the scene.

Explosion and Fire

MILWAUKEE - An explosion and five-alarm fire ripped through Milwaukee's Falk Corporation, 3001 W. Canal Street in the Menomonee Valley just after 8 a.m. Wednesday. The fire was extinguished a couple hours later. Three workers are confirmed dead. Deceased are Curtis J. Lane, 37, of Oconomowoc; Thomas M. Letendre, 49, of Milwaukee and Daniel T. Kuster, 35, of Mayville.Lane's father-in-law, William Borgiasz of Oconomowoc, said Lane was the father of two children, ages 2 and 4, and his wife, Tina, operates a day care center. "It is a big tragedy," Borgiasz said. "It is really hard to deal with. All we are going to tell them is, 'Daddy ain't coming home."' Kuster's father, Melvin, said his son was a third-generation Falk employee who worked in the loading area and had been there more than 10 years. "You shouldn't have to bury your kids," he said, crying. "Thirty-five-years-old old, maybe if he was jerk or drug addict it wouldn't be so bad, but he was great."

Thomas Letendre was from Milwaukee. He was a forklift operator at Falk, married with three children. Letendre's older brother works at Falk and was able to escape the explosion. The Letendre family declined comment.

Accident crushes worker

Walla Walla, WA - A 20-year-old man died Friday morning after being crushed by a tractor while working at a construction site, authorities said. Dominick Castillo died shortly after being pinned beneath a small tractor while working at a housing development site near College Place in unincorporated Walla Walla County.

About 10:30 a.m., Castillo had been operating a New Holland front-end loader, which is used to move dirt, when for an unknown reason he got out of the driver's seat and went to the front, said Sgt. Barry Blackman with the Walla Walla Sheriff's Office. Sheriff's officials said the older-model tractor was still running at the time. Castillo became pinned beneath the wheels and scoop and suffocated from the weight, Blackman said.

Deputy's killer was part of gang, Gunman had been on community supervision

Seattle, WA - The man who apparently shot and killed a King County sheriff's deputy Saturday was a member of a violent Seattle gang and was on active supervision by the state Department of Corrections. Raymond O. Porter, 23, was killed by other deputies after he shot Deputy Steve Cox in the back room of a White Center home early Saturday

Worker killed in blast at aircraft parts plant

CA - A worker died Sunday afternoon in an explosion at a plant that manufactures airplane parts, authorities said. The unidentified man died just before 2:30 p.m. when an oven exploded at the M.C. Gill Corp. in the 4000 block of Easy Street, said Sgt. Richard Williams of the El Monte Police Department. "We got a number of calls about the explosion," Williams said. "No one knew where it was coming from. You could hear it from quite a ways off." M.C. Gill describes itself as the world's largest manufacturer of original equipment and replacement baggage compartment liners for aircraft. Employees were working regular shifts when the accident occurred. Afterward, police evacuated and sealed off the facility pending an investigation. There were no other reports of injuries, police said.

Construction Worker Killed by Bulldozer

MURRIETA, CA - A 26-year-old construction worker died after being struck by a bulldozer, authorities said today. Brandon Woods, of Sun City, was hit when a bulldozer stalled as it was coming over a hillside causing the driver to lose control of the vehicle and hit Woods, said Murrieta police Sgt. Ron Driscoll. The incident happened at about 2:30 p.m. yesterday near the intersection of Keller Road and Menifee Road in Murrieta.

OSHA probes death of Mayflower employee

Toledo, OH - Investigators from the Occupational Safety and Health Administration are trying to figure out what caused the accident that killed a Mayflower employee late Tuesday night. Allen Eugene "Al" Randleman, 58, New London, was injured while working the third shift at the plant. He was transported by ambulance to Fisher-Titus about 11:30 p.m. Tuesday. "Mr. Randleman was one of the most well-liked people in this plant," said Frank DiCesare, director of human resources at the plant. "Always upbeat, very positive, jovial. Just an all around great guy." "On behalf of the company, we extend our deepest sympathy to the family, friends and co-workers at this unfortunate time," he said. Randleman had severe head injuries, said Dick Tracy, assistant area director for the Toledo OSHA office.

Truck driver killed in crash on I-94

Ann Arbor, MI -- A man was killed Friday morning when the tractor-trailer truck he was driving veered off the road and hit a pillar supporting a bridge on westbound I-94 at US-23, Michigan State Police said.

Town employee dies after accident

Christianburg, VA -- Funeral services were held Monday for 57-year-old Douglas C. King, a Christiansburg town employee who died Friday as a result of an accident at a construction site. Town Manager Lance Terpenny and other town employees, including public works employees, attended services for King, who resided in Pembroke.

Capt. Dalton Reid of the Christiansburg Police Department said the accident happened Friday afternoon when a piece of heavy equipment used for compacting dirt rolled down a 30-foot embankment. King was thrown from the driver's seat and then the machinery rolled over him, Reid said.

Colorado Officer Dies in Traffic-Stop Shooting, Funeral Information Below

Colorado Springs, CO - A Colorado Springs officer pulls a blue Kia over for a D.U.I. traffic stop. Backup arrives, and soon after, the suspected drunk driver shot Officer Ken Jordan numerous times, killing him. He died less than an hour later at Memorial Hospital. The suspect, 25-year-old Marco Lee, was shot multiple times by two other officers. He is in critical condition, but is expected to survive. While the scene was a difficult place for officers to be, investigators were forced to spend hours there, waiting for sunlight to aid in their investigation.

Worker dies in forklift accident

AMBERLEY VILLAGE, OH -- A worker died of injuries after a forklift accident Monday night at the Pepsi Americas plant in Amberley Village, authorities said today. Police identified the worker as Michael Martin, 43, of Cincinnati. He had been an employee of Pepsi Americas since October 2000. Emergency workers were called to the plant just before 9 p.m. for a report of an industrial accident. Martin was involved in a forklift accident and died of his injuries upon arrival at University Hospital, police said. "Yes, we are investigating that accident. We have a man on the scene," said Bill Wilkinson, an OSHA assistant area manager. He said it should take two to three weeks to gather the basic information on the fatal accident. Wilkinson did not have a timetable for his agency's final report.

Ohio man dies in power plant accident

MOUNDSVILLE, W.Va. - An American Electric Power employee from Ohio was killed Tuesday when the mobile crane he was dismantling at the Kammer-Mitchell power plant fell and struck him in the head. William R. Oshie, 50, of Shadyside, Ohio, died after an ambulance took him away from the plant, said Carmen Prati Miller, a spokeswoman with the Columbus-based company. Oshie was a 28-year veteran who worked on a regional maintenance crew. His death was the second at the plant this year. Oshie was disassembling and preparing to move a mobile gantry crane, a metal structure that looks like two A-frames connected by a cross beam, she said.

Security guard found dead at LCCC

GODFREY, OR - Madison County Coroner Stephen P. Nonn is reporting an investigation into the death of a 74-year-old security guard who was found dead on the campus of Lewis and Clark Community College in Godfrey on Tuesday morning. Louis J. Perkins, 74, of the 1100 block of Garden Street, of Alton, was found in the men's restroom in the basement of the Riverbend Arena at 6:55 a.m. He was pronounced dead at the scene at 7:58 a.m. by Coroner's Investigator Deborah B. von Nida. Perkins was an employee of Securitas Inc. of St. Louis, which contracts security services for the campus.

Worker Dies In Fall At Trump Construction Site In Las Vegas

Las Vegas, NV - A construction worker fell to his death today (Tuesday) at the site of the new Trump Tower condo-hotel on the Las Vegas Strip. KLAS-TV is reporting that workers on the site say the man died after falling down an elevator shaft in the high-rise tower. Las Vegas police spokesman Jose Montoya confirms the department was called to the scene at about 11 am this morning. Construction deaths are investigated by federal safety officials. No OSHA investigator was available for comment Tuesday. The Clark County coroner's office had no information on incident. A spokesman for Trump International did not immediately return a call seeking comment.

Construction worker dies in 40-foot fall at Scottsdale site

Scottsdale, AZ - An out-of-state construction worker died after falling an estimated 40 feet from the roof of a temporary circus tent being erected at an office complex in north Scottsdale, the second of two construction accidents Wednesday in the East Valley. The 58-year-old man worked for Florida-based Royal Hanneford Circus Co. He was helping erect the tent about 2 p.m. at 8501 E. Raintree Drive for a Vanguard Group employee event later this month, according to information from Scottsdale police. The man’s name was not released pending notification of relatives. He died from his injuries at Scottsdale Healthcare Osborn hospital, according to police.

Canal worker killed after falling in Mohawk

Mohawk, NY - Cohoes man spent nearly 30 minutes in icy water. A New York State Canal Corporation worker died Thursday after he fell into the icy Mohawk River. Michael Len was pronounced dead on arrival at Ellis Hospital. The director of the Canal Corporation, Carmella Matello, says Len was part of a crew that was preparing Lock 9 in Rotterdam Junction for the winter. Len was 45 years old and from Cohoes. He worked for the Canal Corporation for the past 16 years.

Man fatally shot while working at METRO garage

Houston, TX - The shooting happened around 11pm Wednesday inside a METRO bus garage on Uptown in southwest Houston. According to a supervisor who knew both men, the suspect and victim used to be friends. The victim was working as a contract employee with Firestone, changing tires on METRO vehicles. The two men had worked together for about a year until a disagreement came between them. The suspect reportedly was moved to another job assignment as a result. The supervisor told Eyewitness News the men's argument involved a woman. That dispute came to a deadly end when the suspect arrived and fatally shot the victim. But that's where the dispute took another turn. Police were called to a possible suicide at 1:30am Thursday. They believe the dead man is the suspected shooter, as the description of the man and the vehicle matched witness reports. The victim has been identified as Mario Love, 27. He was a husband and a father. The suspected shooter has not been identified.

Man, 45, Killed When Stone Slab Falls On Him

Stroudburg, PA - A 45-year-old man (Francisco Romero) was struck and killed by a 1,000-pound slab of stone that fell on him as he was moving it Wednesday afternoon at the All Granite and Marble Corp., 70 Storm St., Stroudsburg, Stroud Area Regional police reported. ~~Monroe County Coroner David Thomas said the victim's identification would be released today, pending notification of next of kin.~~ Police said the accident occurred about 2:30 p.m. in the yard area where thousands of pieces of stone are stored. Company employees freed the man from under the slab. He was pronounced dead at the scene by a county deputy coroner.

Sheriff's deputy directing traffic hit by car, killed

AIKEN, S.C. - A sheriff's deputy directing traffic during a plant fire here was hit by a car and later died, authorities said Friday. Aiken County Sheriff's Sgt. Jason L. Sheppard, 29, was wearing an orange reflective vest and waving a cone-shaped traffic flashlight when he was hit by a Honda CRV on Thursday night, authorities said. Sheppard, who had been with the sheriff's office since July 2004, suffered a head injury and was airlifted to a hospital where he died late Thursday night. The state Highway Patrol is investigating. Sheppard, of Batesburg, was among several officers directing traffic on U.S. Highway 1 near the entrance of an industrial park that housed a BAE Systems factory, which makes parts for military vehicles, The Augusta (Ga.) Chronicle reported on its Web site

’Something went drastically wrong’: Explosion at Cambridge high rise kills Nstar worker

Cambridge, MA - An NStar operating mechanic was killed and 100 people were treated for smoke inhalation today after an explosion in a sub-basement vault at a Cambridge high rise sparked a three-alarm blaze that left workers breaking windows for air and forced a dramatic rooftop evacuation. The dead worker, identified by NStar officials as Kevin Fidalgo, 28, who has worked for the utility since 2000, was pronounced dead at Massachusetts General Hospital after a transformer exploded at about 10:55 a.m. in the electrical vault where he was doing routine maintenance work, hospital and fire officials said.

Worker dies after falling into Erie Canal

GLENVILLE, N.Y. -- A worker died after falling into the Erie Canal while clearing debris from a dam gate Thursday morning. Michael Len, 45, was working with several other state Canal Corporation employees at Lock 9 when he lost his footing and fell into the Mohawk River near Glenville around 9:30 a.m. The Cohoes man fell about forty feet and he hit the bottom of the lock gate at water level. He was then swept downstream for about a quarter-mile, where he was pulled from the river by the Beukendaal fire department, state police Sgt. Anthony Miserendino said. Len was taken to Ellis Hospital in Schenectady, where he was pronounced dead.

Aurora Store Clerk Killed During Robbery

AURORA, Colo. Aurora Police are looking for a gunman in a deadly shooting at a 7-Eleven convenience store that happened in the overnight hours early Sunday. A man walked into the store at E. 6th Ave. and Havana just after 3 a.m. Sunday and shot a 62-year-old female employee, Aurora detective Bob Friel told CBS4. Friel said it appeared to have happened during a botched robbery; it didn't appear that any money was taken and the suspect apparently walked away on foot.

Gunman felt cheated over his invention

Chicago, IL - A West Side truck driver turned a downtown law firm into a nightmare of blood and broken glass, his rage apparently fueled by the belief he had been cheated over the invention of a toilet designed for tractor-trailers....Joe Jackson, armed with a snub-nosed revolver, sought out one attorney, Michael McKenna, an intellectual property specialist. He found him, shot him, then continued firing at others in the 38th-floor office until the snipers shot Jackson in the chest and head.He killed three people, wounded another and, after a terrifying 45-minute standoff Friday afternoon, was taken down by two SWAT snipers. McKenna, 58, fellow attorney Allen Hoover, 65, and Paul Goodson, 78, a part-time employee and retired teacher, were all killed. Jackson, 59, died of multiple gunshot wounds.

Man Falls to Death at Power Plant

Castaic Lake, CA - An employee (Donne Ballard) of the Castaic Power Plant died Saturday night after he fell more than 40 feet from a scaffold into the water. Officials said the fall occurred just after 7:30 p.m. Saturday at the power plant located at 3770 Templin Highway northwest of Castaic Lake. Four engines from county Fire Station Nos. 149, 103, 134 and 126 responded to the scene, said Los Angeles County supervising fire dispatcher Phil Ulloa. A county helicopter was also called, but was canceled en route due to the inclement weather. Ulloa said the first engines arrived at the scene at 8:20 p.m. He did not know at what time emergency personnel recovered the body, but did confirm it had been recovered. The employee's name and what caused him to fall were not known as of press time Saturday night. The Castaic Power Plant is jointly operated by the Los Angeles Department of Water and Power and the state Department of Water resources. The plant receives water from Pyramid Lake through the 7.2 mile, 30-foot diameter Angeles Tunnel.

Sanitation Worker Dies, Family Notification Delayed

NEW YORK, NY -- The family of a Bronx sanitation worker who died on the job wants to know why it took 12 hours for the city to tell them about it. The Sanitation Department says Rafael Concepion, 36, was hurt when he was tossed from his truck at about 2:45 Saturday morning. He suffered injuries to his chest and broke his leg. He suffered from internal bleeding and died on the operating table. But his family says they learned about the accident on Saturday afternoon. Concepcion's sister, Raquel Martel, says they never got to see him before he died at the hospital. Matthew LiPani, a spokesman for the Sanitation Department, says the delay in notifying the family would be part of the investigation into Concepcion's death.

Helicopter crashes in Cajon Pass, kills 3

CAJON PASS, CA - Three people were killed Sunday night when a Mercy Air medical transport aircraft crashed near the top of the Cajon Pass. The helicopter - a Bell 412 known as Mercy Air 2 - was carrying a pilot and two crew members whose names had not been released as of late Sunday. The crew was headed back to Southern California Logistics Airport in Victorville from Loma Linda University Medical Center, said Ian Gregor, a spokesman with the Federal Aviation Administration. No patients were on board.

Shreveport wastewater treatment plant worker dies in accident

Shreveport, LA - A 47-year-old city of Shreveport employee died today after falling into an open wastewater treatment container at Lucas Wastewater Treatment Plant. Pastor Douglas was standing atop the 15-foot-deep container preparing to clear foam from the top of the open-air container with a high pressure hose. He was working with another plant employee at the time of the incident, who went to turn on the pressure hoses used to minimize unnecessary foam. When the employee returned, Douglas wasn’t standing atop of the container.

Sunmount employee killed in accident

PLATTSBURGH, NY — A Sunmount Development Center employee was killed when the van she was driving was hit head-on near Watertown. Joanne Burrows, 53, was killed in the accident, which occurred on Route 3 about 10 miles east of Watertown around 8 a.m. Monday.

Roofer's Fall Triggers State Investigation

Burlington, VT - A roofer was critically injured Monday in a two-story fall on a job in Burlington. So far, police have withheld his identity. State officials are investigating whether safety regulations were violated. Police say the roofer fell two stories, about 25 feet, while working with two other roofers on the flat surface of a North Street apartment house, owned by the Burlington Housing Authority.

Bethel cab driver shot to death

ANCHORAGE, Alaska (AP) - A Bethel car driver was killed when suspects on a snowmachine approached his idling cab and shot him in the head with a shotgun, according to city officials. While police would not release the man's name because his kin in Korea have not been notified, he was identified by a close friend as Ju Young Joung. He was known as J.J., said the friend, Peter Kim, who worked the night shift at Taxi Cab Company with Joung. Joung, 45, had lived in Bethel for more than 10 years, Kim told The Anchorage Daily News.

Powell man dies following accident

POWELL, MT - A Powell man died Friday from injuries sustained following an industrial accident, according to a report by the Park County Sheriff's Office. Kenneth Chenoweth, 46, died after being pinned by a piece of heavy equipment. Chenoweth was extricated, given medical care and transported to Powell Valley Hospital, where he was pronounced dead, said the report. Park County Coroner Tim Power said the cause of death was blunt force injury to Chenoweth's thoracic area resulting from pressure from the boom.

Family of worker who died at Spokane wastewater plant speak publicly

SPOKANE, Wash. - Family members of the construction worker who died at Spokane's wastewater treatment plant on Tuesday said Tizoc Gayton was a likeable man and a soccer fanatic. 26-year-old Gayton died after being hit by a steel beam that moved during construction at the plant. Ironically, he was working to replace the digester in which Mike Cmos died years earlier. Gayton's brother and sister said he was a generous person whose favorite time of year is Christmas. In fact, they say he just got his Christmas tree a couple of days before his accident. The president of Garco Construction said Gaton had only been working for the company a few weeks.

Construction Worker Dies After Being Hit By Van In Sanford

SANFORD, Fla. -- The construction worker who was hit by a passing van Tuesday morning while on the job in Sanford died Tuesday afternoon. Sanford police said 37-year-old Jimmie McLeod, of Apopka, passed away at the hospital. He was on State Road 46A, near Airport Boulevard in Sanford, putting drainage pipes in the ground when he was hit by a white van. The van immediately stopped. The investigation is ongoing and there have been no charges.

Man Dead After Falling From Building At Bag Company

Cincinnati, OH - A Cincinnati man fell to his death Tuesday morning while at work at a factory in Walton, Kentucky. Police say that a 39-year-old employee of Holland Roofing fell some 35 to 40 feet from the roof of the Duro Bag Manfacuring Company. The man, police say, was alone on the roof when he fell. Police have not determined what caused the man to fall to his death. His name has not been released.

County highway worker killed on job

Columbus, WI - Columbia County Highway Department employee Nathan B. Price, who was described as a positive person with an upbeat outlook on life, was killed Tuesday morning in a work-related accident in the town of Columbus. Price, 41, of Rio, was working as part of a mowing detail when a vehicle became stuck in the mud in a ditch on U.S. 151 near the intersection of state Highway 73. Price suffered a fatal head injury after being struck by a cable when workers attempted to pull the entrenched vehicle out of the ditch with a second vehicle. There was no indication of equipment breakage, said Columbia County Sheriff's Department Chief Deputy Michael Babcock.

Caught On Tape: Robbers Shoot Store Employees, Gunmen Flee Store Empty-Handed

NASHVILLE, Tenn. -- Robbers in Nashville, Tenn., shot and killed two convenience store employees Tuesday night, and the whole incident was caught on tape. Security camera video shows two armed gunmen, wearing ski masks, walking into the store. One of the men demanded money, but fatally shot the cashier when he spoke back in Arabic, authorities said. The robbers became frustrated after they couldn't open the cash register, police said.

Man killed at Otsego work site

Otsego, MI - A construction worker from Howard City was killed this morning at the site of the new Otsego High School when he was struck in the face by a large pipe cap that popped off because of an apparent buildup of pressure, authorities said. Otsego police officers and firefighters responded at 6:30 a.m. to 540 Washington St. after receiving a report that a construction worker had suffered a head injury, according to a news release. The 41-year-old man, whose name was not released, was taken to Borgess Medical Center, where he died from the injury, police said.Police said in the news release that the piping system had recently been pressure tested and that it appears there was residual pressure still in the system that caused the cap to strike the man in the face when he tried to remove it.

Work injury deadly for Temple man

Temple, TX - Rickey P. Clark Jr., 30, of Temple was killed in an industrial accident about 9 a.m. Wednesday at Lock Joint Tube of Texas, 3601 Eberhardt Road, officials said. Justice of the Peace David Barfield, Precinct 3, Place 1, pronounced him dead at 9:20 a.m. and ordered an autopsy at the Southwestern Institute of Forensic Sciences in Dallas. He said Occupational Safety and Health Administration is investigating the accident. Lt. Rick Ashe of the Temple Police Department said since it was an accident the police will not be taking any action. A police chaplain notified the victim’s family, he said. The victim was wrapped up in a machine that rolls coils of steel, Barfield said. The machine possibly hooked the man’s clothing, he said. Three co-workers next to him saw him, then they didn’t, he said.

Fort Wayne man killed in Columbia City accident

Forth Wayne, IN - A Fort Wayne man was killed Thursday morning in a material handling accident at the Steel Dynamics, Inc., plant in Columbia City, according to the company. The accident occurred around 5:45 a.m. James K. Hall, 41, of Fort Wayne, who was killed, had been employed by the Fort Wayne-based company for nearly four years in the shipping department. According to a company statement, he was loading beams for a rail car shipment at the time of the accident.

Farmer bleeds to death after farm accident

BECKEMEYER, IL - A farmer bled to death after his leg got mangled in a feed auger Wednesday night at his rural Beckemeyer farm, authorities said. Gerard Buss, 53, died after his leg apparently slipped into the auger about 5 p.m., Clinton County Coroner David Moss said. An employee from a farm implement dealer went to a barn at the farm to bring Buss some parts and found him unconscious. "When he got there, he found Mr. Buss unconscious and entangled in an auger feeding device," Moss said. "The auger would move the cattle feed from the silo and dispense it to the animals."

Officer Dies in Car Accident

Princeton, KY - A Princeton, Ky. police officer from Hopkinsville is dead after a single-vehicle car accident. State Police say 54-year-old Officer David Scott of Hopkinsville, Ky., died yesterday morning when his truck hit a ditch near Princeton. Police say the truck slipped off the right side of the road and overturned several times. Scott was off-duty from the Princeton Police Department at the time of the crash. Investigating officers say he was not wearing a seat belt and was thrown from the truck as it flipped.

Forklift crushes, kills man in Kalispell

KALISPELL, MT — A 42-year-old Kalispell man died this morning when he was run over by a forklift at the concrete company where he worked, Flathead County authorities said. Tim Walters jump-started a forklift, but it had been left in gear. The large back tires ran over Walters, who died of internal injuries, said Deputy Coroner Lt. Dave Leib. The accident happened about 7 a.m. at Flathead Concrete Products. It is being investigated by the sheriff’s office and the federal Occupational Safety and Health Administration.

Md. construction worker dies after falling about 50 feet

Bethesda, MD - A 20-year-old Maryland man on the roof of a residential project in Bethesda died Thursday after falling about 50 feet, according to Montgomery County officials. Sergio Alfredo Moscoso was on the roof of one building that is part of a new apartment and condominium community under construction at 5405 Tuckerman Lane. Around 8 a.m., the man slipped and fell, landing on a concrete pool deck below and suffering life-threatening injuries, says Pete Piringer, a spokesman for Montgomery County Fire and Rescue Service.

CSX worker killed in accident

Minoa, NY - Police have released the name of the CSX worker killed in Thursday's train accident. Ronald D. Foster, 54, of East Syracuse was pronounced dead at the scene after his truck was hit by a train in the CSX Railroad Yard in Minoa. Police said Foster, a CSX employee, was working at the time. They said he was crossing the tracks at about 5:20 p.m. when the train, operating in reverse by remote control, hit him. It took crews until about 3 a.m. to extricate Foster's body, and several factors played a role in the process.

Worker dies after fall at Georgetown Lowe's

Georgetown, KY - An employee at the Lowe's in Georgetown died from a head injury suffered in a fall this afternoon. About 3:30 p.m., witnesses said Paul Edward Brewer, 61, of Georgetown, had climbed a 15-foot ladder inside the store. Another employee found him on the floor with severe head wounds, said Scott County Coroner John Goble. Brewer was transported to Georgetown Community Hospital, where he was pronounced dead. Police were called about 3:40 p.m. to the store on Magnolia Drive off Cherry Blossom, said Georgetown Police Detective Tom Bell. State OSHA investigators responded to the scene as well.

Job-site fall kills Huntington dad, Roofer, 28, plunges 42 feet during work on arena in Marion

Marion, IN - A 28-year-old single father from Huntington was killed while working at a construction site in Marion. Aaron J. Weber slipped off of a wet roof and fell 42 feet to his death while working on the city’s Memorial Coliseum, police said. Weber’s body was found at the side of the building about 11 a.m. Wednesday. Weber’s father, Steven Weber, also of Huntington, said his son had lots of friends and was a good father to his 9-year-old son, Tyler.

OSHA Investigates Death At DOT Worksite

DES MOINES, Iowa -- Occupational Safety and Health Administration is now investigating a fatal accident Thursday that killed an Iowa Department of Transportation worker. It happened at the corner of Seventh and School streets just north of downtown. Police said Gary Crabtree, 62, died when a cement truck backed over him Elvis Mrzljak, 26, was driving the cement truck, according to a news release.

NTSB: Chopper That Crashed Not Equipped Properly, Crash Killed Pilot, Caps' Minority Owner

DAGSBORO, Del. -- A National Transportation Safety Board investigator said the helicopter that crashed Thursday in Dagsboro, Del., killing two people, was not equipped for instrument flight. The NTSB's Brian Rayner didn't comment on the pilot's decision to take off in foggy conditions at night. The pilot didn't hold an instrument rating. Real estate developer and Washington Capitals minority owner Josh Freeman was killed in the crash, along with the pilot, Danielle Howell. The wreckage was strewn over a distance of about 180 feet. It appears the helicopter skidded along the ground, disintegrating as the rotors continued to spin. All four rotor blades were sheared off, and the tail section was broken off. Freeman, 42, was president and chief executive officer of Carl M. Freeman Associates. The pilot was Danielle Howell, 30, of Richmond, Va.

Bad Axe man killed in accident

MARLETTE TWP., MI - A 53-year-old man died Wednesday in a construction accident at Marlette Airport. Police received the call at 3:11 p.m. after John Corrion of Bad Axe, who was operating a construction roller, backed the roller over the the edge of an elevated construction site, police officials said.

Newspaper Carrier Killed in Freak Accident

South Bend, IN - BJ Geraci didn't know anything about the lady who delivered her newspaper, until that carrier was killed outside her home in a freak accident just after 5 a.m. Friday. 71-year-old Carolyn Clifton was climbing out of her car to take a South Bend Tribune to the front stoop, when police say that car crushed her.

"Curses, Foiled Again" Asbestos and Auto Industry Lose Asbestos Battle

2006-12-17T20:58:00.000-05:00

Sometimes, occasionally, the good guys win, truth and justice triumph and all seems well in the world -- for the moment. And with the Democrats taking over both houses of Congress, we'll hopefully be seeing more of these moments.

What am I prattling on about? After threatening to suspend an OSHA staffer for not weakening an recently published OSHA bulletin for auto mechanics detailing the hazards of asbestos in brakes, Andrew Schneider in the Baltimore Sun reports that OSHA has backed down. OSHA head Ed Foulke has announced that OSHA scientist Ira Wainless would not be suspended and after "a thorough review" the bulletin will stay on the OSHA website.

Last week, after several hours of negotiations between a labor union and OSHA officials, the agency signed an agreement to withdraw its proposed suspension of Wainless, who refused to be interviewed.

"It's as it should be. Wainless will not be punished for following the best science and the law," said Eleanor Lauderdale, executive vice president of Local 12 of the American Federation of Government Employees, AFL-CIO, which had challenged the proposed suspension. "He stood up for the safety of workers, as is the job of everyone in OSHA."

One would hope so. Of course, OSHA's decision doesn't end the controversy:

"There is no proof of asbestos in brakes ever harming those working on or around them. Not a single case has ever been documented. Not one," Michael Palese, a spokesman for Daimler-Chrysler Corp.'s legal communications, told The Sun last month.

He added that 18 "comprehensive" studies have been done by "top scientists" that showed the absence of danger from asbestos in brakes.

Worker-safety specialists tell the opposite story.

Richard Lemen, former acting director of the National Institute for Occupational Safety and Health (NIOSH) and a former assistant U.S. surgeon general, and other public health experts have presented case studies and medical records of scores of brake and friction-material workers who were reportedly sickened or killed by asbestos-related diseases.

Trying to stay above the fray are the three agencies involved with asbestos safety issues -- OSHA, the EPA and NIOSH. Their physicians and scientists say that asbestos exposure can cause asbestosis, cancer and mesothelioma, and have said so for years.

"Nothing has changed. We consider asbestos to be a health hazard regardless of its source," said Joe Burkhart, deputy director of the Division of Respiratory Disease Studies for NIOSH, which does worker health and safety investigations under the U.S. Centers for Disease Control and Prevention.

"EPA's policy hasn't changed in that we believe exposure to asbestos fiber is still harmful," said Wendy Cleland-Hamnett, deputy director of the EPA's Office of Pollution Prevention and Toxics.

OSHA echoed that view.

Meanwhile, former OSHA head John Henshaw (2001-2004) is under investigation to determine whether he violated federal ethics policies by attempting to influence agency action on the brake warning within two years of leaving office. Henshaw, who is a consultant for industry, had e-mailed OSHA science director Ruth McCully, expressing concern about the bulletin and saying that it should be pulled until changes were made.

Henshaw told The Sun on Thursday that he had done nothing wrong and that his e-mail suggesting changes in the brake warning was "my own idea" and "was not undertaken on behalf of anyone but myself."

Yeah John, whatever.

Related Posts

OSHA Pressures Scientist To Weaken Asbestos Warning, November 20, 2006
Criminal Negligence: Auto Mechanics Exposed To Asbestos While Feds Fiddle, May 4, 2006
FLASH! Auto Mechanics: Don't Worry, Be Happy. Asbestos is Safe, November 12, 2003
A Seattle Post-Intelligencer article from almost six years ago describing the extent of asbestos contamination in auto repair shops can be found here.

Time Person Of The Year: Me!

2006-12-17T03:10:00.000-05:00

I used to think that winning the Koufax Award for Best Single Issue Blog of 2005 was a big deal, but today I've exceeded that honor. Yes, I am the 2006 Time Person Of The Year, joining the ranks of Franklin Delano Roosevelt, Adolf Hitler, Joseph Stalin, George W. Bush and Harlow Herbert Curtice (huh?)

Person of the Year: You
Yes, you. You control the Information Age. Welcome to your world.
Why, you ask? It's about the many wresting power from the few and helping one another for nothing and how that will not only change the world, but also change the way the world changes.

***

Who are these people? Seriously, who actually sits down after a long day at work and says, I'm not going to watch Lost tonight. [Not me. I watch Lost AND blog. I just don't sleep.] I'm going to turn on my computer and make a movie starring my pet iguana? I'm going to mash up 50 Cent's vocals with Queen's instrumentals? I'm going to blog about my state of mind or the state of the nation or the steak-frites at the new bistro down the street? [Or people needlessly dying in our nation's workplaces?] Who has that time and that energy and that passion? [Who indeed?]

The answer is, you do. [That would be ME. I do.] and for seizing the reins of the global media, for founding and framing the new digital democracy, for working for nothing and beating the pros at their own game, TIME's Person of the Year for 2006 is you. [ME]

What can I say, except "Thank you." (Although, to be quite honest, the Koufax Award was a bigger honor.)

But seriously folks, think of what the web has made possible in terms of communicating nationwide (or worldwide) the tragedies, stuggles, defeats and victories of victims and families who have been chewed up by work. And more important, take a minute to think about what still can be done. I think we've only just scratched the surface over here at Confined Space headquarters. There's much more to be done, and it's up to you (yes you!) to do it. You control the information age. (And take it from me. You can still watch Lost.)

American Scrooge: Kill Their Husbands, Then Cut Off Their Insurance

2006-12-16T23:50:00.000-05:00

'Are there no prisons?' asked Scrooge.

'Plenty of prisons,' said the gentleman, laying down the pen again.

'And the Union workhouses.' demanded Scrooge. 'Are they still in operation?'

'They are. Still,' returned the gentleman,' I wish I could say they were not.'

'The Treadmill and the Poor Law are in full vigour, then?' said Scrooge.

'Both very busy, sir.'

'Oh. I was afraid, from what you said at first, that something had occurred to stop them in their useful course,' said Scrooge. 'I'm very glad to hear it'

....

'Many can't go there; and many would rather die.'

'If they would rather die,' said Scrooge, 'they had better do it, and decrease the surplus population.

So does an employer have any obligation to the widows of employees that are killed on the job? Apparently not. Widows of miners killed at the Darby and Cloverlick mines in Harlan County Kentucky are somewhat upset that not only were their husbands killed on the job, but the coal companies are now cutting off their health care.

Actually, they're allowed to continue their health care under COBRA, which requires most employers with group health plans to offer employees the option of continuing their coverage, but that's expensive for mine widows like Melissa Lee whose husband was killed in the Darby mine explosion, she and the other widows are asking Ralph Napier, the owner of the Darby mine and Orion Resources Inc., to pay the COBRA for the next 18 months until they can get their feet back on the ground.

Lee said she has had no luck contacting Napier.

“I have been trying and trying and trying for three straight weeks ... for 21 days I have called him (Napier),” said Lee, who has four sons. “Here it is almost a month later, but there's no response. So, what do we do?”

Lee said she is weighing her options, but has few considering she is raising a 2- and 3-year-old along with her 12- and 14-year-olds. Working full time would be difficult, she said, because day care for two is too expensive. The extra 18 months would help her “get established” because, by then, the boys would be enrolled in kindergarten and preschool.

The coal mining industry, she said, can do “so much better.”

“If there was a law passed where you have to keep the health insurance coverage on deceased miners' children ... I think that ought to be automatic,” she said.

Considering that their husbands, the fathers of their childrend are dead because laws were broken and regulations were ignored, it seems that paying for their health care for a few more months is the least they can do.

WV Mine Safety Chief "A Disaster"

2006-12-15T21:42:00.000-05:00

Anyone want to take bets on how long Ron Wooten, director of the state Office of Miners Health, Safety and Training, will last in his job after his pitiful performance the other day when he "dumped" the state's report on the Sago mine disaster on the laps of the families of the miners killed?

Frustrated by a cursory briefing and a confusing report, families of the miners killed in the Sago Mine disaster are focusing their anger on Gov. Joe Manchin and his pick to run the state mine safety office, longtime CONSOL Energy official Ron Wooten.

“Our governor has to be totally embarrassed for appointing him to this position,” said Pam Campbell, the sister-in-law of Sago miner Marty Bennett.

Wooten, director of the state Office of Miners Health, Safety and Training, has not returned repeated phone calls. A spokeswoman said he would not discuss the matter publicly until after he meets again with Sago families.

- advertisement -
Lara Ramsburg, Manchin’s communications director, said the governor was “disappointed” with the handling of Monday’s meeting. Ramsburg added, “the governor has confidence in all of our appointees, including Mr. Wooten.”

Several versions of the state’s Sago report have been circulated since Monday, when Manchin and state investigators were set to release it to Sago families and the public.
Families became upset when Wooten simply handed them copies of the report and referred them to it for answers to their questions.

During the private meeting, Manchin stepped in and told Wooten he had expected a more detailed briefing, similar to one given a month earlier to the widows of two miners killed in the Aracoma Mine fire. Administration officials promised the families a better briefing, and then canceled an afternoon news conference, but not before copies of the report leaked out and were splashed all over the news.

Campbell said that Monday’s meeting “was a disaster.”

And although the reports seems to have concluded that the explosion was ignited by lightning, it had trouble explaining how the electrical charge traveled over a mile into the mine.

Blogging Forcast: Bleak

2006-12-15T00:16:00.000-05:00

I'm heading to my parents place today in California. They're in need of some caring for. Time to return the favors. Then off to Paris to spend the holidays with my daughter who's "studying" abroad. (Yeah, yeah, cry me a river.) Actually, she seems to be doing far more work than I did on my Junior Year Abroad. Must talk to her about that.

Bottom line is that I'm not sure how much blogging will be accomplished between now and next year. But if you want to know what's going on, just go back and read the archives. It's always the same story, just different names and dates.

I do plan to spend some of my flight time working on the Top Ten Workplace Safety Stories of 2006. Nominations will be accepted down below in the comments.

Sago Report Struck By Lightning

2006-12-14T23:39:00.000-05:00

I have been lucky enough never to have a tragedy in my immediate family. I've never lost a loved one in an accident.

But one thing I've learned after working many years in workplace safety is that families need some kind of closure when their loved is killed in a workplace accident, and they rarely get it, particularly from OSHA or other agencies that are tasked with investigating the incident and issuing citations. All too often I hear stories from parents or spouses that they never really got the whole story on what exactly happened to their husband or daughter, and what the real causes were. Too often they're just given a list of OSHA violations, a short summary of the cause of death, and whispered allegations that the victims themselves were at fault for being careless or negligent.

So it was completely understandable how upset the families of the miners killed in the Sago disaster last year were following the release of the state of West Virginia's report on the tragedy by Ronald Wooten, director of the state Office of Miners’ Health, Safety and Training.

On Monday, Wooten came under heavy criticism from families of the Sago victims after a private meeting that was billed as a briefing for families on the state’s new report on the disaster.

Families were upset when Wooten simply provided them with copies of the thick report, told them lightning caused the disaster, and asked for questions.

When families asked questions, they were told the answers were in the report and that they should read it.

Families had expected a more detailed — and understandable — briefing, similar to one that was provided a month ago to families of the two miners killed in the Aracoma Mine fire.

Also, families became angrier when they learned that Wooten’s agency had posted the report — or at least one version of it — on its Web site hours before the family meeting. Families had thought they would learn the report’s contents first, but by the time their meeting ended, the report was all over the news.

The report was then withdrawn, initially because it was to be re-written, but later Wooten said that they were only preparing a better briefing for the families.

Wooten came under significant criticism when he was appointed due to his controversial career in the coal industry as former vice president of safety for CONSOL Energy Inc. from 1983 until 1998, a lawyer and lobbyist for CONSOL before that, and a lawyer for the American Mining Congress, an industry group.

A couple of other things. Even if lightning was involved, it was only one cause of the disaster. To be more precise, it may have been the ignition source of the explosion. But the explosion itself only killed one of the miners, and then only because the seals behind the closed off part of the mine didn't hold. The others died from asphyxiation for a number of reasons: the respirators either malfunctioned or the miners were not trained to use them properly (or both), it took too long for the rescue team to enter the mine, rescuers had no way to locate the miners, and the miners had no way to communicate with the surface.

In other words, simply telling the families that "lightning caused the disaster" period, end and go read the report yourselves was at best insensitive, and at worst ignorent, incompetent and not a statement that someone heading up the state's mine safety office should ever have made.

To make matters worse, the Associated Press reported that Wooten

told relatives of the Sago Mine disaster victims that he "wouldn't want to be in there" if another electrical storm rolled over an active underground coal mine with a worked-out, recently sealed area, the brother of one victim said today.
Yet the state has taken no action to change its rules and regulations.
John Groves, whose brother Jerry was among 12 men who died in or after the Jan. 2 blast, said the comment came in a private meeting earlier this week as he and others questioned Ron Wooten, director of the state Office of Miners' Health, Safety and Training.
The families asked Wooten a series of questions about how the state would respond now that its investigation report has blamed lightning for causing the Sago explosion. They then pressed the point on active mines with newly sealed areas, asking what he would do.
"I wouldn't want to be in there," Wooten allegedly replied.
Several other people who were in the room at the time told The Associated Press the same account of that conversation.

Wooten's comment prompted a response from the United Mineworkers:

"I think there are 14,000 coal miners in West Virginia that wouldn't want to be in there, either," said United Mine Workers spokesman Phil Smith, when told of Wooten's remark.
Since learning the state would join Sago Mine owner International Coal Group Inc. in blaming lightning, the UMW has called for new regulations that require miners to be evacuated when an electrical storm is approaching.

Wooten's simplistic explanation was even a bit too much for MSHA head Richard Stickler. MSHA is preparing its own report on the Sago disaster:

Stickler indicated a partial answer on the cause from his team would not be acceptable.

"If it was lightning, how did it get in the mine? If you don't know that, you don't know how to keep it out, do you?" he said. "There's questions there we need the answers to."

Stickler also seemed to learn a lesson from Wooten's presentation:

Stickler said he will be present when his agency's report is given to the Sago families, and that they will have the chance to question the investigators.

"We will give them copies of report, but not necessarily expect them to sit there and read the report and know what's in it," he said.

I'm sure the families would appreciate that.

Congressman Citizen Henry Bonilla

2006-12-13T23:19:00.000-05:00

Those of you who follow politics are celebrating the victory yesterday of Ciro Rodriguez over 7-term Republican Congressman Henry Bonilla in Texas. The election was held in one of the districts re-districted under the plan of former Congressman Tom DeLay. The election was held late because the US Supreme Court ruled that the 23rd District re-districting was in violation of the Voting Rights Act.

Workplace health and safety advocates are particularly pleased with Bonilla's defeat. Bonilla sat on the House Appropriations subcommittee that has jurisdiction over OSHA’s budget, and he was one of the most virulent enemies of OSHA’s ergonomics standard back in the mid-1990’s, introducing a number of appropriations riders to stop OSHA from issuing the standard.

Bonilla finally overreached when he attempted to attach a rider to OSHA's FY 1997 appropriations bill.

That provision would have prevented OSHA not only from developing a rule, but even from collecting data on CTDs. But on a 216-205 vote, the House struck down the rider and labor groups and OSHA claimed a huge victory. OSHA was free to move forward with ergonomics.

In a further attempt to delay the standard, Bonilla sponsored a three-day National Academy of Sciences study of ergonomics. When that study came back supporting the evidence that musculoskeletal disorders were work-related, Bonilla introduced a bill for another, two-year NAS ergonomics study, along with legislation that would have prohibited OSHA from issuing the standard until after the study was released.

During a hearing on the proposed FY 1998 budget for the National Institute for Occupational Safety and Health, Bonilla questioned Centers for Disease Control head David Satcher on the scientific underpinnings for an ergonomics standard and submitted more than 100 questions on ergonomics to Satcher.

Bonilla, along with Congresswoman Anne Northup, also recently defeated, were the two main co-sponsors of the legislation that repealed the standard in 2001.

Bottom line. We're not sorry to see Bonilla head off into the sunset -- along with his buddy Tom DeLay.

A Workplace Death That Will Never Be Solved

2006-12-12T23:27:00.000-05:00

Normally, I'd just file this away for The Weekly Toll. But Pastor Douglas was a public employee in the state of Louisiana which has no OSHA coverage for public employees, where public employees do not have the right to a safe workplace. What that means is that there will probably never be an indepth investigation into Douglas's death by a safety professional. No lessons will be learned, no citations will be filed, and the family will never really know what happened.

Pastor Douglas, a maintenance worker at the plant for two years, was standing atop of the 15-foot-deep container preparing to clear foam from collecting at the top of the open-air container with a high pressure hose. He was working with another Lucas Waste Water employee at the time of the incident, who went to turn on the pressure hoses used to minimize unnecessary foam. When the employee returned, Douglas wasn't standing atop the container.

"He was doing a normal cleanup type deal" said Mike Strong, director of operational services for the city. "I'm not sure exactly if it was a slip or the hose with the water pressure on it knocked him off, but he went into the basin."

BP Texas City: More Evidence That Neglegence Led To Explosion

2006-12-12T22:38:00.000-05:00

The Wall St. Journal today reports on a series of internal "accountability reviews" of the 2005 explosion at BP's Texas City refinery that killed 15 workers and injured 180. The Chemical Safety Board reported earlier this year that cost-cutting at BP had contributed to the accident. The interviews cited by the Wall St. Journal seem to confirm those contentions.

BP had originally blamed the accident on workers' failure to follow procedures and reassigned the plant manager, Don Parus. Parus didn't have kind words for BP's upper management. Parus said

he had been ordered to cut costs by 25% as recently as 2005, according to notes of an interview conducted Oct. 12.

He said he had given a slide show to [BP's global chief executive, John]Manzoni during a visit by the executive in July 2004 showing BP and Amoco had "underinvested" at Texas City for the previous 10 years, according to the interview notes. He said he pleaded for additional funds, citing problem areas such as the poor condition of equipment, and he said he had "exhausted every avenue he had to get the funds and it remained a no," according to the notes.

An attorney for Mr. Parus said his client stands by what he said in the interviews but wasn't available to comment.

Ross Pillari, who stepped down as chief executive of BP's U.S. operations this year, said Texas City had been neglected, according to a BP interview on April 27. Senior BP-Amoco executives at the time of the merger "tried to squeeze as much out of [Texas City], so maintenance was neglected. The directive was to keep expenditures low because of 10 years of lousy refinery margins," according to a summary of his interview. Refinery margins are an industry measure of profitability. Mr. Pillari declined to comment.

And BP CEO Lord Browne wasn't much help either:

In addition to BP's management structure, one executive also cited Lord Browne's attitude toward safety. In an interview conducted on June 21, Greg Coleman, who was vice president of BP's health, safety and environmental programs before he left the company, said Lord Browne "showed little interest" in safety and demonstrated "no passion, no curiosity, no interest" in safety issues, according to his interview notes.

Poor Lord Browne, "repeatedly voted the best businessman in Britain." has had a very bad couple of years, according to Britain's Daily Telegraph, leading observers to wonder whether or not he will be able to stay on until his announced retirement date at the end of 2008:

The first signs that not all was well came in March, when 200,000 barrels of oil spilled onto the Prudhoe Bay tundra from a leaking pipeline. It appeared to be an isolated incident, but it set off a chain of events that led to the realisation that miles of pipes were dangerously corroded. In August, almost half the field had to be shut down.

BP faces a criminal investigation as well as inquiries by regulators and Congressional investigations into its maintenance record, amid allegations that the company neglected its infrastructure for years to boost profits.

In many aspects, what has happened in Alaska merely mirrored what was going on thousands of miles to the south in Texas City, where a refinery explosion killed 15 people and injured scores of others in 2005.

BP settled lawsuits with the families of those killed, but not before a report from the Chemical Safety Board catalogued years of unheeded warnings about the potential for disaster at the site. The regulator claimed that management was sub-standard, unsafe and antiquated equipment was not replaced and maintenance was deficient.

A website set up by lawyers for one of those whose parents were killed in the blast is publishing ever more damaging documents that show that Lord Browne himself knew of the poor safety record at the refinery, where workers feared for their lives every day and where even its managers admitted equipment was patched together with "band aids and super glue".

But if those are the two incidents that have generated the most headlines, they merely head an ever growing list of problems filling Lord Browne's in-tray.

The company was forced to admit that production at its Thunderhorse platform in the Gulf of Mexico would have to be delayed again after more problems were discovered.

BP's trading operations face criminal and civil investigations into whether the company has purposely manipulated the crude oil, petrol and propane markets.

Just yesterday the company found itself on the wrong end of a Supreme Court ruling over royalty rates that could see it forced to pay millions of dollars, on top of $30m of back taxes.

That pales into insignificance compared with the $1.4bn tax bill BP's Russian joint venture was forced to pay the Kremlin this month. The Russian government, in a bid to exert its control over its energy resources, is also threatening to withdraw some of BP-TNK's licences, ostensibly on environmental grounds.