Sunday, November 06, 2005

Weekly Toll

A partial list of the roughly two-hundred American workers killed on the job over the past two weeks.

Two workers killed at the Valero refinery

Two workers at the Valero oil refinery died Sunday while working on a unit at the facility, which is the same refinery where an explosion in 2001 killed one man and injured eight others.

Cpl. Jeff Oldham, a state police spokesman, said the men appear to have succumbed to nitrogen fumes inside a silo just after midnight Saturday.

"A witness said that when he saw them up there it looked like they were trying to retrieve something from inside the silo," Oldham said.

When the witness left and came back about five minutes later, he saw the men were unconscious, Oldham said. The witness used a radio to make an emergency call. A man wearing an oxygen mask retrieved the men, Oldham said.

State police identified the men as John Ferguson, 29, of Westminster, Md., and John Lattanzi, 57, of New Jersey. They were pronounced dead at Christiana Hospital, Oldham said.


Logli employee killed trying to thwart suspected shoplifter

ROCKFORD, IL - One man was dead and another hospitalized in stable condition Saturday night after they were stabbed while trying to stop two suspected shoplifters at Logli Supermarket, 6410 E. State St.

The men, both Logli employees, began following the suspects inside the store about 6:30 p.m. When the suspects tried to leave without paying, the employees stopped them in the foyer of the store's southwest entrance. A confrontation ensued and the employees were both stabbed.


Swansea officer killed in collision

SWANSEA, MA -- Police Sergeant Robert Cabral was known as a good cop in Swansea: a patrolman with 26 years on the force, a soccer coach, a devoted dad who dedicated his spare time to teaching children not to use drugs and alcohol.

For 24 years, Wayne Smith has been a volunteer firefighter in Swansea, where he grew up, resides with his family, and responds to roughly 15 calls a year.

The two men knew each other, the way people do in a small town.

At 12:37 a.m. yesterday, their fates collided when, police said, the pickup truck Smith was driving slammed into Cabral's police cruiser. Cabral, who turned 52 Oct. 29, was pronounced dead at Charlton Memorial Hospital in Fall River. Smith, 49, was arrested and charged with motor vehicle homicide while intoxicated. He was being held at the hospital for treatment of injuries that did not appear to be life threatening, police said.


Randall Man Run Over By Gravel Elevator, Killed

Randall, MN -- A man was killed in a construction accident Friday, according to the Pine County Sheriff's Office.

Mitchel Lee Mammenga, 32, of Randall, Minn. was run over by a 120-foot gravel elevator and was pronounced dead on the scene.

The accident occurred about 12 miles northwest of Pine City, Minn. Mammenga had been working as for Tri-City Paving of Little Falls as a foreman on the crushing crew.


Second EMT Dies of Lung Disease

New York, NY -- The Fire Department Oct. 28 held funeral services for an Emergency Medical Technician who passed away Oct. 23 from a lung illness believed to be related to his work at Ground Zero.

EMT Felix Hernandez, 31, died surrounded by friends and family members in Orlando, Florida. The details of his death haven't been released at the request of his family. Mr. Hernandez was on medical leave from the FDNY at the time of his death. .... He joined the FDNY as an EMT in 1995, starting in Station 21 at Lincoln Hospital and later moving to Station 17.

He was one of hundreds of EMTs who responded to the World Trade Center on Sept. 11, and he later returned to help with the ongoing recovery efforts. He's believed to be the second city-employed EMT to die from an illness related to work performed at the WTC site.

EMT Timothy Keller died June 23 at age 41 after a heart attack brought on by respiratory distress. Like Mr. Hernandez, Mr. Keller was a non-smoker with no previous lung problems who developed serious respiratory issues a few years after Sept. 11.


Family copes with loss after police officer killed in tragic wreck

INGLESIDE, TX - The family of a Corpus Christi police officer killed in a tragic hit-and-run accident remembers the father of three.

Officer Wesley Hanks was riding his motorcycle near Little Rock, Arkansas, Thursday when a vehicle caused a pickup to crash into him.

Investigators say Hanks was run over by the truck, and both drivers fled the scene.


Man dies when bulldozer is submerged

HOLIDAY, FL - For weeks, residents on Ivy Lane have heard the sound of bulldozers and construction trucks clearing land for a new lakefront home at the end of their cul-de-sac.

But Monday, that work took a tragic turn.

Taylor G. Bingham IV of Oldsmar died Monday afternoon when the front-end loader he was operating ended up submerged in the water. Authorities said it appeared the ground beneath the bulldozer either eroded or gave way. But nearly three hours after it happened, they weren't yet certain how 33-year-old Bingham died.

"We're not sure yet," Pasco County sheriff's spokesman Doug Tobin said. "It wasn't apparent whether he drowned or had some type of medical condition."


Trash Truck Driver Killed In Bizarre Accident

MOTEBELLO, CA - A trash truck driver was killed when he apparently got out of his truck to check on mechanical problems and the truck rolled over him.

The accident happened about 6 a.m. in Montebello at Whittier Boulevard and Fourth Street. Reportedly, the driver (Jose Abraham Robles, 39)was making a turn on Fourth Street when he experience problems with the truck not going into reverse. He got out of the vehicle to look underneath it and see what was wrong. It was then that the truck rolled over him.


Worker killed while repairing truck

SOLVAY, N.Y. -- A central New York man was killed early Monday after being run over by the truck he was trying to fix.

The Onondaga County Sheriff's Department said Christopher Hilton, 50, of Clay, was helping a co-worker at Solvay Paperboard repair a truck in the company's parking lot around 2:30 a.m.

The co-worker, Richard Kadlubowski, started to drive the truck to another location but didn't realize Hilton was still working on the rear of the tractor, deputies said. Hilton was run over by the rear tires.


Blaze ravages home; firefighter dies

LEWISTON, CA -- A firefighter died after battling a blaze last week that also claimed the 1850s-era home built for this town's founder, Frank B. Lewis.

Walter Sykes, 48, of the Lewiston Volunteer Fire Department, was taken ill in the midst of fighting the Oct. 26 fire and later died of a heart attack. The fire destroyed the two-story home of former fire chief Jesse Cox, 63, and his wife, Rosemarie, 62.


Forklift accident kills man near Manassas

MANASSAS, VA -- A 68-year-old man died Monday when a forklift he was operating fell on top of him at a construction site.

The man, whose name was not released, was found by co-workers at the construction site at 8220 Birch St. near Manassas. The forklift flipped on its side while the man was operating it, police said. He was pronounced dead at the scene.

The Occupational Safety and Health Administration is investigating the accident, said Officer John Bogert, spokesman for Prince William County police.


Natural gas drilling rig worker dies in W.Va.

CHAPMANVILLE, W.Va. - A 19-year-old rig worker drowned Wednesday after getting trapped under a plastic liner in a natural gas drilling pit, officials said.

Albert Murphy, of Lefthand, was performing maintenance on the rig when he slipped into the basin. He died on the scene near Chapmanville along U.S. 119, the Logan County Sheriff's Department said in a release.

Murphy was employed by Indiana, Pa.-based contractor S.W. Jack Drilling Co., said Jessica Greathouse, a spokeswoman for the state Department of Environmental Protection. The site is owned by Denver-based Energy Corporation of America, she said.


Crossing guard hit by car near Mahwah school


MAHWAH, NJ - An elementary school crossing guard was hospitalized Wednesday after being struck by a car as she waited in the street to cross a group of children, police said.

Shirley Sochulak, 70, was carried about 20 feet before she fell from the car and hit her head on the blacktop, said police Lt. Bruce Kuipers. She was bloodied but conscious while being taken to The Valley Hospital in Ridgewood, and her injuries weren't considered serious, Kuipers said.

No citations were issued to the driver of the car, Leona Fleissman, 63, of Ridgewood, pending the outcome of a police investigation, the lieutenant said.

Sochulak "was out in the street with her stop paddle while the vehicle was making a left from West Ramapo Avenue onto Island Road," Kuipers said. "She was in the process of starting to cross the children when she was hit."

It was the second time in just over a week that a crossing guard was struck while on duty in Bergen County.

On Oct. 25, 81-year-old Estelle Reynolds was struck and killed by a fellow crossing guard near Park Ridge High School, police said.


Russell man dies filling pothole

Columbus, GA -- A Russell County employee died Wednesday while filling a pothole, Russell County Deputy Coroner Doug Lee said.

Joseph Linsey was filling a pothole next to a trailer carrying tar on Sandfort Road, a quarter mile east of Clark Road, Lee said. A car struck Linsey and pinned him between the car and the trailer.

Linsey, 46, of Phenix City, was pronounced dead at the scene at 5:40 p.m. from blunt force trauma, Lee said.

Another person, whose name was not released due to notification of family, was injured in the traffic accident, said Jeff Nelson with the Alabama State Trooper traffic homicide unit.


Worker killed in factory accident

WYOMING, MI -- A 30-year-old plastics engineer who family members said was excited about the impending birth of his first child, died Wednesday in an industrial accident at a Wyoming plant.

Martin Nimptsch, of Rockford, died while working on a machine at Leon Plastics, 4901 Clay Ave. SW.

The accident occurred at 10:41 a.m. Nimptsch was working at a compression former, which forms molds under pressure.

He appeared to be leaning over the machine when he was struck by a piece of it, said Wyoming police Lt. Scott Beckman.

"We don't know if it was employee error or manufacture error. It (equipment) blew off, striking him. He was unresponsive," Beckman said.

Nimptsch died at the scene. Leon Plastics officials could not be reached for comment.


Man dies at Supervalu center in Hopkins

Hopkins, MN -- One man is dead and another is in critical condition after a construction accident in Hopkins.

The two men were working at the Supervalu distribution center when a wall collapsed on them. One man fell forty feet and survived, while another fell onto scaffolding below and died from head trauma.

Supervalu representatives call the death and injury a tragic accident.

The two workers – both from out of state – were installing shelving inside for a subcontractor. A large metal wall collapsed on them, as they stood forty feet above the ground on a high jack lift.

According to Connie Kurtz of the Hopkins Police, “everybody was wearing hard hats.”

Supervalu officials will temporarily shut down the plant while investigators from the Occupational Safety and Health Administration look in to the incident.


WELDER DIES AFTER BLDG. FALL

Brooklyn, NY -- A WELDER died yesterday after falling from a Brooklyn condominium project, officials said.

Heng Zheng, 50, of Chinatown was dead at the scene, 207 South First St. in Williamsburg.

Police and city Department of Buildings officials gave conflicting accounts of how Zheng fell, with cops saying he slipped from the third floor about 10 a.m. and Buildings officials saying he was knocked off by a falling concrete block.

Zheng lived on Henry St. with his wife and had two adult children.


OSHA looks into fatal construction accident

Great Falls, MT -- Authorities Thursday identified the Great Falls man who died after a cement truck on a construction job site near Benefis East backed over him.

Terry Richerson, 40, died at Benefis Hospital around 7 p.m. Wednesday from injuries sustained earlier in the day, said Cascade County Coroner Scott Wagner.

Around 8 a.m., a 41-year-old driver with United Materials was backing a concrete truck up a 10-degree ramp to pour cement when the vehicle backed over Richerson.

Great Falls police called it an accident and said no criminal activity was involved.


Horrific accident claims man’s life

CHAPEL HILL, NC — An accident at a work site in thesouthern Covington County area of Chapel Hill, near Florala, Saturday left one man dead and investigators busy trying to discover what exactly happened.

According to a news release by the Covington County Sheriff’s Office, around 10:30 and 11 a.m. rescue officials were called to the Southern Rock & Lime site just off of Hwy. 54 East in regards to a work-related accident.

Upon arrival at the seen, on Stovall Road, officials discovered that Primitivo Cuaquuha of Samson, had died as a result of the accident.

The accident, as described by CCSO officials, involved a dump truck falling into a pit.

“He was backing a dump truck down a hill to be loaded when he lost control of his vehicle and backed off of a cliff and into the pit,” the CCSO release stated. “Mr. Cuaquuha died as a result of his injuries and was pronounced dead at the scene by the Coroner’s office.”


Man killed by straw bale in Gratiot County

BETHANY TOWNSHIP, Mich.-- A Bay Port man died after being crushed while delivering straw to a Gratiot County farm Thursday morning, the county sheriff's office said.
A 650-pound bale of straw fell on Robert Dale Wertz, 62, from a semitrailer as it was unloading at the Bethany Township farm, the Gratiot County Sheriff's Office said in a statement.

Wertz was taken to a local hospital where he was pronounced dead, the department said.


Swansea police officer killed by alleged drunken driver

SWANSEA, Mass. - A Swansea police officer was killed by an alleged drunken driver early this morning.

Police say Sergeant Robert Cabral driving on Route Six when his cruiser was struck head on by another vehicle near a nursing home around 12:42 a.m. Cabral was pronounced dead at Charlton Memorial Hospital.

The other driver -- 49-year-old Wayne Smith of Swansea -- was arrested and charged with drunken driving resulting in motor vehicle homicide.


Rio Vista Officer Killed Three Weeks After Wedding

Rio Vista, CA -- A Rio Vista police officer who was injured in a head-on crash in Solano County on Friday has died, the Rio Vista Police Department announced Sunday night. The department expressed "profound sadness" at the loss of Officer David Frank Lamoree, who died around 5 p.m. Sunday, on his 26th birthday. Lamoree was driving home from work late Friday night when his vehicle was struck head-on by an eastbound vehicle attempting to pass a truck by moving into the westbound lane of state Highway 113. Stockton resident Vincent Ellis, 18, one of four occupants of the vehicle that struck Lamoree's vehicle, died at the scene. The other three occupants were seriously wounded.


Md. School Worker Dies in Fall - Germantown Man, 53, Was on Catwalk Setting Up Lights

Washington, DC - John Horvat made a living as a media services technician at Seneca Valley High School and responded to fires and other emergencies during his free time as deputy chief of the Wheaton Volunteer Rescue Squad. The 53-year-old Germantown man died yesterday morning after falling from the school auditorium's catwalk as he was setting up lights for a church service.


Cab driver found dead was strangled by cord

Louisville,KY - Planes Aldophe, a cab driver found dead Sunday morning on East Kingston Avenue, was strangled with an electrical cord, Jefferson County Deputy Coroner Jack Arnold said yesterday. No arrests have been made in the death of Aldophe, 36, a native of Haiti. Anyone with information should call Louisville Metro Police at 574-LMPD.


Accident kills worker at LMC Industries

A worker was killed in an industrial accident at LMC Industries in Arnold on Tuesday. Jefferson County police and fire officials withheld the man's name. Officials at LMC Industries could not be reached. LMC is a manufacturer and distributor of injected molded plastics and metal stampings.


OSHA probes Milford death

Nashua, NH– A Brazilian man who had lived here for three years was killed Friday in an accident at Northern Marble and Granite, a Milford company that makes countertops and other stone products for homes and businesses.Valtecir Lopes, 37, worked two jobs to support a daughter here, and his wife and two daughters back in Brazil. He was apparently killed after stonework fell on him. Federal work-safety officials were in Milford on Monday to investigate, and few details were available.


Wichita Bus Driver Killed In Traffic Accident

Wichita, KS - October 25--Authorities are investigating a fatal bus crash this morning in Northwest Wichita. That took one life, and sent four people to the hospital. The accident happened just after 7:00, on Ridge Road near 37th Street North. A city bus driver died in the crash. He's been identified as 40-year-old Joseph Downing. He worked for the Transit Authority for 5 months. Police say a minivan going east on 37th street north failed to yield and collided with a MTA bus going north on Ridge Road.


Worker dies after falling 35 feet in Muskego

Muskego - A contract worker died after he fell 35 feet onto a concrete slab from a ladder while working on one of the city's sewage lift stations Monday, police said. Officials refused to release the man's name because relatives had not yet been notified. Police Lt. John La Tour said the man, 53, was working above the lift station tightening a flange before his fall down a dry shaft along Woods Road, near Sandy Beach Drive. Another contractor who saw him fall called rescue workers at 11:23 a.m.


Services for rig worker set for Wednesday

Corpus Christi, TX - Roth fell to death at industrial yard; review under way Funeral services for the Kiewit Offshore Services subcontracted employee who fell to his death Sunday morning are set for Wednesday. Twenty-five-year-old Frank Warren Roth plummeted more than 100 feet at 9 a.m. Sunday while working on the construction of an offshore rig at Kiewit's industrial yard, said San Patricio County Justice of the Peace Charlotte Griffin.


NORFOLK POLICE IDENTIFY SUSPECT IN SHOOTING DEATH OF OFFICER

NORFOLK, VA -- A manhunt continues for a 29-year-old man accused of shooting to death Norfolk Police Officer Stanley Reaves on Friday afternoon.

Reaves was answering a call in the Park Place neighborhood about 4 p.m. when he was fatally shot. "He had gotten out of his car and was walking toward the suspect just to talk to him. As the officer approached him, without warning, the man pulls a gun out and shoots the officer," Amos said.

Reaves was no more than a few feet away when the man fired multiple times.

Police wouldn't say how many times the officer was hit or in what part of the body. Reaves was taken to Sentara Norfolk General Hospital, where he died.

Reaves, 33, joined the Norfolk police force in March after 11 years with the Baltimore police.



Firefighter dies after being burned during training exercise

ALLENTOWN, Pa. - A firefighting instructor died Tuesday after being badly burned during a training exercise at the state fire academy. Robert Gallardy, 47, died Tuesday morning at Lehigh Valley Hospital in Allentown, where he was being treated for the severe burns he suffered Sunday.


Truck driver killed

Englewood, Fl -- A Thonotosassa, Fla., man was killed early Thursday morning when his semi truck overturned on Interstate 75 just north of the Sarasota-Charlotte county line. According to the Florida Highway Patrol, Joseph C. Watson, 25, was traveling south on I-75 around 5 a.m. when his truck veered onto the grass median. The truck overturned and spun around. Watson died at the scene, according to the FHP.


Roofer dies in fall at Rutland school site; Skylight opening was uncovered

RUTLAND, MA -- David A. Wheeler's family was shocked by the sudden death of the man they had come to think of as "superman" because of his ability to miraculously recover from near-fatal injuries.

Mr. Wheeler, 64, a roofer on the $17.7 million elementary school being built between Naquag School and Central Tree Middle School died at UMass Memorial Medical Center - University Campus in Worcester on Monday night from a severe head injury suffered in a fall.

The accident occurred during the drizzly afternoon about 1 p.m. when Mr. Wheeler plunged through an opening in the roof meant for a skylight.

The plywood covering that usually secured the hole had been removed because crews expected to install the skylight that afternoon, according to the town's School Building Committee chairman.


Texas Pastor Electrocuted During Baptism

Waco, TX -- A pastor performing a baptism was electrocuted inside his church Sunday morning after adjusting a nearby microphone while standing in water, a church employee said.

The Rev. Kyle Lake, 33, was stepping into the baptistery as he reached out for the microphone, which produced an electric shock, said University Baptist Church community pastor Ben Dudley.

Water in a baptistery usually reaches above the waist, said Byron Weathersbee, interim university chaplain at Baylor University.

Lake was pronounced dead at Hillcrest Baptist Medical Center, nursing supervisor Pat Mahl said. The woman being baptized apparently had not stepped into the water and was not seriously injured.


Driver arraigned in bridge death

Redding, CA - A Redding driver accused of second-degree murder in the death of a road worker last week was arraigned today in Shasta County Superior Court where his public defender entered a not guilty plea on his behalf. Lawrence Javier Apodaca, 34, who is facing life in prison if convicted of the charges against him, is tentatively due to have his preliminary hearing on Nov. 3. He is charged with murder and a series of related crimes, including a special circumstance of vehicular manslaughter and having three prior misdemeanor driving under the influence convictions. Apodaca is suspected of having been drunk when his minivan slammed into a street sweeper operated by Ronald Joe Toney, 45, of Redding, Thursday night on the Market Street Bridge. An employee of J.F. Shea Co. Inc., Toney was thrown to the ground and crushed by the heavy machinery, which traveled nearly 70 feet from the point of impact before coming to rest on its side.


Volunteer clearing debris killed in accident

An out-of-town relief worker was killed Saturday near downtown Miami while moving debris from Hurricane Wilma into a vacant lot behind a fire station, officials said.

The unidentified man was killed when the heavy-digging machine called a track excavator tumbled over and trapped him. The cause of death is still under investigation, but he may have been electrocuted by fallen power lines.


Big Rigs Collide, Closing I-70 - Victim's Name Not Known

WASHINGTON, Pa. -- Part of Interstate 70 remains closed in Washington County after two tractor-trailers collided near mile marker nine in Buffalo Township overnight. State police said a big rig flipped on its side, blocking the westbound lanes, at about 11:45 p.m. Tuesday. A second tractor-trailer carrying steel coil came through and smashed into it. The steel coils came through the cab and killed the driver, Ralph Smith, 51, of Ohio. The driver of the first truck, Robert Pannell, 53, of New Jersey, was taken to Washington Hospital for back pain. Another tractor-trailer driver was behind the trucks. He watched everything happen. Jeff Grimm said, "I just watched him. He just kept coming. He just stayed in the right lane and drove right into the bottom of the semi that was on its side." Pennsylvania state police said they expect the westbound lanes of Interstate 70 to reopen by Wednesday afternoon.


Man dies after fall at Grede Foundry

REEDSBURG, WI - A male employee of Grede Foundry in Reedsburg died at UW-Hospital Saturday after falling while at work, Stewart Davis, Grede's Vice President of Human Resources said. The 68-year-old employee, James Kingsbury, was cleaning an area above a sand silo when he fell at least 30 feet onto a metal grate near the bottom of the silo, according to an incident report from the Reedsburg Police Department. Andrea Christensen, a nurse at Grede Foundry, several foundry employees and EMT Betty Hinze assisted in carrying Kingsbury out of the silo, the report states. Rescue workers had to free Kingsbury's leg from the silo before he could be carried out. His injuries included deep cuts on his legs and forehead area.


Man killed after dump truck hits train in northeastern Wisconsin

ARMSTRONG CREEK, Wis. - A dump truck hit a moving train in northeastern Wisconsin, killing the truck's driver.

Jeffrey Diges, 38, of Crivitz, was driving south on Old Highway 101 about a mile south of Highway 8 when he hit an eastbound train at about 2:50 p.m. Wednesday in Forest County, according to a Wisconsin State Patrol news release.

The truck rolled and caught fire, officials said.

Diges, who worked for D & C Trucking of Crivitz, died at the scene. The train conductor had minor injuries, according to the State Patrol.


Van Houten Produce owner, 46, dies after chasing thief

Lansing, MI - The owner of a well-known local produce store chased a robber away from his store and gave police crucial information about the break-in Tuesday morning before he collapsed and died. Jeff Van Houten, 46, was opening up Van Houten Produce in Lansing shortly after 6 a.m. when he caught a man trying to steal from his store, Lansing police Lt. Bruce Ferguson said. "He chased him out and got the license-plate number," Ferguson said about the Lansing business owner.


Probe continues into death of gold mine worker near Carlin

ELKO, Nev. - State and federal safety regulators continue to investigate the death of a worker who fell about 15 feet at a gold mine north of Carlin, the third mining-related fatality in Nevada this year. Matthew Willkie, 45, was working as a process operator for Barrick Goldstrike Mines Inc. and was helping a co-worker remove a sump pump for replacement when he fell from an upper work deck on Saturday, Barrick Gold Corp. spokesman Vince Borg said.


More charges filed against suspect in on-camera killing

PHILADELPHIA - A man charged in two murders, including one caught on tape by security cameras, was charged in a third killing, police said Wednesday. Juan Covington, 43, was charged with murdering Odies Bosket, a longtime city employee who was shot several times in a subway station in March while on his way to pick up his daughter from day care.


Bus driver killed in I-35 accident identified

San Antonio, TX -- The name of the bus driver killed in Tuesday's accident has been released.

42-year-old Juan Martinez of Houston was killed when the bus he was driving slammed into an 18-wheeler at about 2:30 p.m. along Interstate 35 and Fischer Road.

Investigators say a blown tire on the driver's side of the bus might have caused the deadly crash.

The tour bus was headed to Mexico when the accident occurred. The crash shutdown all northbound lanes of I-35 for almost four hours.



Worker crushed to death south of Olathe

Kansas City, MO - A 51-year-old Olathe man died this afternoon when he was crushed by a piece of machinery at a Johnson County business. Rescuers were called about 3:30 p.m. to Kerry Sweet Ingredients, 400 Prairie Village Drive at the New Century AirCenter southwest of Olathe. Authorities said the company makes sweet ingredients for food products.


City bus driver killed in crash

Wichita, KA - A Wichita city bus driver was killed Tuesday in a collision at 37th North and Ridge Road.

Police said a van was stopped about 7:10 a.m. on 37th Street North trying to cross Ridge Road. A Wichita Transit bus was northbound on Ridge.

The van began to move eastward, crossed the line of traffic and collided with the bus, said Lt. Jeff Weible.

The driver of the bus, Joseph B. Downing, 40, of Wichita, was partially ejected and died at the scene.


Elderly man shoots and kills caretaker in Philadelphia

PHILADELPHIA - An 83-year-old man in a wheelchair shot and killed his caretaker, saying he thought she had been stealing from him, police said. Lincoln M. Sowell was arrested at his apartment building following the shooting around 4 p.m. Tuesday, Philadelphia police Cpl. Jim Pauley said. Donna Bond, 52, was shot in the stomach, chest and arm. Pauley said she was taken to a hospital, where she was pronounced dead less than an hour after being shot three times


Worker Killed by Toxic Fumes

A man was found dead after inhaling toxic fumes and now several government agencies are investigating the mysterious death, News 4 WOAI learned Monday.

Thirty-three-year-old Hector Viesca was found dead in a field Saturday night in Pleasanton, officials said.

Viesca was inspecting oil wells off Corn Road when investigators believe he inhaled hydrogen sulfide.

“He checked the tank and what happened was he was supposed to look away,” Pleasanton Fire Marshal Trinidad Vosquez told News 4 WOAI. “I don't know if he did or didn't.”

Government agencies want to know if the oil company Viesca worked for, trained him properly.

“When a truck driver goes out, they should know what to do and what to carry with them,” Vosquez said.

Viesca was alone in the field when the accident happened. Coworkers tried to reach him be cellphone, and when he did not respond, they searched for him. They later found his body.


Worker succumbs to April injuries

RANDOLPH, NJ – A 23-year-old construction worker who hoped to follow in his father’s footsteps, died on Friday, Oct. 21, from injuries suffered in an April accident while working on a school construction project in Dover. The worker, Kevin John Caponegro, 23, died on Friday, Oct. 21, at Morristown Memorial Hospital where he had been a patient since he was injured on April 7. Mr. Caponegro would have celebrated his 24th birthday on Tuesday, Oct. 25....Dover Capt. Robert Kerwick said Mr. Caponegro had been operating a fork lift-type vehicle at the construction site when he was injured. “He had parked and gotten off the fork lift near an excavating machine,” said Kerwick. “The operator of the excavator backed up without seeing Caponegro, and pinned him against the fork lift’s tire. He was crushed between the two vehicles.”


Store owner shot to death in front of wife

Houston, TX - Nerves are on edge in a north Harris County neighborhood where a store owner was gunned down late Wednesday during an apparent robbery. The victim was shot in front of his wife in the 9000 block of Cheswick at Gulf Bank. Hung Bui and his wife had just locked up their convenience store when two young men approached them outside. "His wife gave him the money. She said, `Just take the money.' She said, `Take the money and take the keys,' said family friend Valory Barnett. "He gave them the keys. And they just shot him down in front of his wife." The 54-year-old died on the spot.


Crossing Guard Killed by Another in Accident

PARK RIDGE, N.J., Oct. 26 - A school crossing guard driving to work on Tuesday morning struck and killed another crossing guard, an 81-year-old woman, as she tried to usher students across a busy road in the rain. The driver, Marvin Hodgdon, 70, of Montvale, N.J., said on Wednesday in a telephone interview that he had been on his way to his second day on the job as a crossing guard in nearby Hillsdale when Estelle Reynolds, a crossing guard here for 16 years, raised her hand-held stop sign and stepped onto Pascack Road, across the street from Park Ridge High School.


Jersey City robbers kill deli worker in heist bid

Newark, NJ - An employee at a Jersey City delicatessen who recently emigrated from Egypt was shot and killed during a robbery Wednesday night, authorities said yesterday. Hudson County Prosecutor Edward DeFazio said Nabile S. Sharoubin, 41, was shot once in the arm, but the bullet passed through his chest. He was pronounced dead at Jersey City Medical Center at 8:48 p.m. Wednesday. "That was a holdup that apparently, unfortunately went bad," DeFazio said yesterday.


TRUCK DRIVER DIES IN ROLLOVER CRASH ON I-95

PORT ST. LUCIE, FL -- A truck driver hauling a load of Busch Natural Ice beer Friday morning died in a rollover wreck after he collided with a Dodge Durango and swerved off Interstate 95, according to the Florida Highway Patrol.

Three people inside the Durango were not injured.

Beer and beer cans spilled onto the southbound lanes of the highway and the grassy shoulder a mile north of the Gatlin Boulevard interchange, where FHP shut down two of the three southbound lanes after the 9:30 a.m. accident. At one point, all southbound lanes were blocked while a crew pulled the truck wreckage onto the highway.


2 men sought in store killing

Indianapolis, IN -- Police investigating the weekend killing of a popular Eastside gas station owner are trying to determine whether Palwinder Singh was shot by a man who robbed the store twice in August.

The shooter could be part of a two-man team sought in multiple armed robberies, police said.

"I think it's the same person," Rick Singh, the victim's cousin, said Sunday. "Heightwise, it's the same."

The shooting occurred about 9:20 p.m. Saturday. The store video shows two men were involved, one outside and one who approached the counter and pointed a handgun at Palwinder Singh. The robber fired as the clerk reached for his attacker's gun.


Sargento worker dies of injuries

Sheboygan, WI - A 41-year-old Kiel man died Wednesday from injuries sustained in an accident Saturday morning at Sargento Foods Inc. in Plymouth, said Sheboygan County Coroner David Leffin. Jason W. Schmoller, of 16932 Lax Chapel Road, died at St. Nicholas Hospital, where he had been on life-support since Saturday, Leffin said.....One of the forks from the other forklift struck Schmoller's leg below the knee, Gannon said. Whether the other forklift was in motion at the time of the crash is uncertain at this point, she said. Other employees with first-aid training applied pressure to Schmoller's leg to stem the bleeding until ambulance personnel arrived, she said. "He had massive blood loss on the scene," Leffin said. "Because of the collapse of the circulatory system, they weren't able to get any IVs started on him while en route (to the hospital)." Schmoller went into cardiac arrest in an ambulance on the way to the hospital, Leffin said. Schmoller was resuscitated and underwent surgery, where doctors amputated his leg. He had suffered a brain injury, however, because of a lack of oxygen to his brain due to the massive blood loss, Leffin said.


Trucker killed in fiery crash on Interstate 75

RIDGE MANOR, FL -- A tanker truck carrying 8,000 gallons of fuel collided with a box truck filled with fruit on Interstate 75 early Tuesday, resulting in a fiery, deadly wreck and a cleanup effort that could take days or even a week.

The driver of a 2003 Mack tanker, Terry Ray Hillhouse, 49, of Ocala, died at the scene, according to the Florida Highway Patrol. The driver of a 1993 Chevrolet box truck, Donald E. Ferguson, 56, of Leesburg was flown to Tampa General Hospital, where on Tuesday afternoon he was listed in critical condition, hospital spokeswoman Ellen Fiss said.

"It was a very eerie scene," Florida Highway Patrol spokesman Trooper Larry Coggins said.


Worker operating forklift dies after 17-foot fall

City of Pewaukee, WI - A Cedarburg woman working alone moving materials with a forklift fell 17 feet at work and later died, police said Wednesday.

Linda M. Smith, 44, was found by a co-worker at 9:56 p.m. Tuesday. She was taken by Flight for Life to Froedtert Memorial Lutheran Hospital in Wauwatosa, where she died early Wednesday, Police Chief Gary Bach said.

Officials said Smith had worked for about three years at Boelter Co., N22-W23685 Ridgeview Parkway, a food service and equipment supplier. Details of how the accident happened were under investigation and specifics were not immediately released. An autopsy showed Smith died from blunt force trauma, a spokesman for the Waukesha County medical examiner's office said.

Smith's husband, Scott, an Ozaukee County sheriff's deputy assigned to courthouse security in Port Washington, described her as "an awfully good woman" in brief remarks Wednesday but declined to comment further.

Linda Smith was the second person this week to die from a fall in Waukesha County. Thomas Bolan, 53, of the City of Pewaukee, died Monday after falling more than 22 feet from a ladder down one of Muskego's sewage lift station shafts.

He worked for Milwaukee-based Faust Co. Inc. and was tightening a flange when he fell.


Fisherman Dies in Kahana Bay

Honolulu, HI - A Kane'ohe man in his 50's died while fishing with a friend on Thursday in Kane'ohe Bay. It happened shortly after one o'clock in the afternoon. Friends identified the victim as Gerald Lee, a long-time employee of Hawaiian Electric. "They were trolling for papio, they had already set their crab lines and there was a set of bigger waves that came in, came up, pushed the boat up, it flipped them out of the boat," explained Capt. Kenison Tejada of the Honolulu Fire Department. The two men were onboard Lee's Zodiac boat. Fire officials said the survivor blew up an inflatable life vest, and both men hung on.


Man dies after train collides with his truck

Albany, GA Ben Hill County- Co-workers say they can't believe 61-year-old James Nichols is gone. "He was very dependable and dedicated, always there. He would go day or night in emergency storm damage or whatever. Just a fine individual, as an individual and an employee, just a fine person," says Marvin McKie, Assistant Road Superintendent. "About 8:41 AM this morning we got the call that one of the county trucks collided with a CSX train here on Zinnia Road, Ben Hill County," says Sheriff Bobby McLemore. Authorities say Nichols was headed south on Zinnia Road. He was dropping off a load of field dirt to a spot where other county road employees, including his son, were working.


Georgia man killed while dismantling S.C. water tower

Bowdon, Ga. - A 33-year-old worker has been crushed to death while working to dismantle a water tower. Mike Lowery of Bowdon, Ga., was cutting the tank with a torch when a chunk of metal shifted, trapping him between two sections of the tank, authorities said. Firefighters from across the street responded immediately, but with the worker trapped more than 100 feet above the ground, a ladder truck had to be called in from Lancaster, about 20 miles away. Kershaw Town Administrator Tony Starnes said it took about an hour to get Lowery down. The Occupational Safety and Health Administration is investigating the death.


Women gives birth as son dies in same hospital

NEW YORK - At Jamaica Hospital Medical Center on Thursday, a woman gave birth to a son, delivered by Caesarean section. She did not know that during her recovery, elsewhere in the same hospital, she lost her oldest child, a 19-year-old deli worker who had been shot behind the counter by a man in a mask. The 19-year-old man, Yaser Saleh, was shot in the stomach on Wednesday night in a Springfield Gardens deli by an unidentified man who witnesses believe argued with Saleh last week over something that seemed trivial: the man had been short a quarter for a 79-cent candle, and the cashier would not give it to him.


Farmer dies in tractor accident

WESTMINSTER, Mass. --A 71-year-old Westminster farmer died on Thursday when the tractor he was driving rolled on top of him, authorities said. Vilho A. Lucander was found under the rear wheel of the tractor and pronounced dead at the scene of an apparent crushing injury, police said. An autopsy is scheduled. Lucander was working his 42-acre farm when his wife, Eleanor, asked a chimney sweeper working at their house to look for her husband, fire Chief Brenton W. MacAloney said. The man found Lucander under the tractor. The accident was reported just after 1 p.m. "We have no idea what caused him to be there," MacAloney said.


Norfolk police officer dies in shooting

Norfolk, VA - A police officer who was shot while standing near his car Friday afternoon died a short time later at a hospital, police said. Police responding to a call that an officer had been shot shortly after 4 p.m. found the wounded officer, who was taken to Sentara Norfolk General Hospital, according to the police department. The officer's name was not immediately released. Olan Burruss, a police spokesman, said the officer apparently did not discharge his weapon. Police were looking for a man in a late-model green Jeep Cherokee in connection with the shooting. They described the suspect as a black man, about 6 feet tall and 200 pounds, wearing a green jacket and shoulder-length dreadlocks.


Trucker found dead in parked semi

Dallas, TX - Authorities discovered the driver of an 18-wheeler dead Friday morning in the sleeping quarters of his truck, which had been parked on the side of Interstate 20 in Hutchins since the day before. As late-morning traffic accumulated behind the roadblocks protecting the investigation scene in the westbound lanes near the Trinity River, a chain-reaction crash unfolded about two miles to the east in Dallas. Five vehicles collided, and two caught fire. Three people were taken to a hospital, but their injuries weren't thought to be life-threatening. The Dallas County medical examiner's office hadn't ruled on what killed the trucker. Hutchins police identified the man as 48-year-old Eddie Montgomery of Laredo. He worked for a trucking company there.


Truck driver charged in fatal crash with school bus

HERTFORD, N.C. The driver of a pickup truck that collided with a school bus in Perquimans County, killing four people in the truck, has been charged.

The Highway patrol says 25-year-old Ruben Fajardo of Wilson was charged with four misdemeanor counts of death by motor vehicle and a count of failure to reduce speed.

The accident occurred Monday on U.S. 17 when the school bus and the truck from a Wilson contractor collided and caught fire near Hertford.

The man's brother and three fellow workers died in the truck.


Tractor-trailer driver killed in I-70 crash

Pittsburgh, PA -- A tractor-trailer driver was crushed to death by a roll of steel he was hauling early today when he crashed into an overturned rig on Interstate 70 in Washington County. Ralph T. Smith, 51, of Bellaire, Ohio, died shortly after midnight, state police said.

Another tractor-trailer driver was traveling west on I-70 in Buffalo Township when he lost control, and his rig traveled onto an embankment and overturned in the westbound lanes, according to state police. Smith struck the overturned rig, which caused a roll of steel he was hauling to snap loose and crush his cabin.

Smith was pronounced dead at the scene. The driver of the other rig was taken to a local hospital.


Worker Crushed

Authorities are investigating how a factory worker became entangled in machinery and suffered fatal injuries.

The accident happened yesterday at Kerry Sweet Ingredients in southern Johnson County. John Frisbey, 51, had worked at the plant for 19 years.

Sheriff's spokesman Tom Erickson says Frisbey got caught in a conveyor-belt type of machine. Fellow workers were being interviewed about how the accident happened.


Tow truck driver killed on I-15

VICTORVILLE, CA — The flashing lights of a still-running tow truck illuminated the pavement just feet from where its former driver lay dead.

The man, whose name was not being released until his family is notified, was struck and killed on the shoulder of northbound Interstate 15 between Mojave Drive and D Street around 6:57 p.m. Wednesday, officials said.

Initial reports from investigating Officer D. Bradford of the California Highway Patrol state that a woman called roadside assistance to have a flat tire changed and the service sent a tow truck driver from Garon-T-Towing to the scene, Bradford said.

He added that the deceased tow truck operator was standing on the shoulder changing a flat tire for the stranded motorist just before the collision.


Alcohol Believed To Be Factor In Crash That Killed Construction Worker

ORLANDO, Fla. -- A portion of the East-West Expressway was shut down for nearly five hours Friday morning when a driver struck and killed a construction worker. The crash happened just east of downtown Orlando near the Primrose overpass.

It was a scene traffic homicide investigators have become all too familiar with. Around two o'clock Friday morning, a construction worker was killed by the driver of an SUV on the 408 just east of downtown Orlando.

According to the Orlando Police Department, it was the eighth time this year a pedestrian has been killed by a reckless driver. The latest victim was John Baggett, a 45-year-old from Magnolia, Texas.

Witnesses told police Michael Cole, from Casselberry, was traveling at a very high rate of speed when he crossed into the construction zone and struck Baggett. Investigators said alcohol was a factor in the crash.


Gary truck driver struck, killed by rig on Tri-State

WORTH -- A Gary truck driver was struck and killed by another driver's rig Thursday on the Tri-State Tollway in Worth, authorities said.

Michael Buchanan
, 53, was checking the straps on the sides of his truck about 9:30 a.m. when another truck clipped the end of his vehicle and continued on to strike him, police said.

Buchanan was stopped along the southbound lanes of the highway, where he was checking his cargo on the traffic side.


Deputy's fatal crash studied

VISALIA, CA --Authorities haven't determined what caused a Tulare County sheriff's deputy to lose control of his patrol car on a tree-lined road north of Porterville, leading to his death and the serious injury of a chaplain.

Kevin Elium, a five-year veteran of the Sheriff's Department, was driving his police cruiser north on Main Street about 9 p.m. Oct. 6 when he crashed into a silk oak tree along the roadway.


Martell man dies after farm accident

MARTELL, Neb. -- A Martell farmer has died following injuries he received in a farm accident earlier this month.

Clarence Forsgren, 77, died this week after being injured Oct. 1 while repairing his combine in a field on the family farm near Martell, Lancaster County officials said.
Forsgren was repairing the combine when he told his son Lynn to start up the belt drive system, the sheriff's office said. Forsgren's right arm became entangled in the belt, causing severe injury.

Another son, Chuck Forsgren Jr., said his father lost a lot of blood in the accident, and his health deteriorated.

"That shock and everything wasn't good for him," his son said.


CWA, OSHA Probe Death at Texas Plant

An IUE-CWA member in San Antonio died Oct. 20 when he was crushed by the forklift he was operating at Newell Recycling. The Occupational Safety and Health Administration is investigating, as is the union.

Alejandro Gonzales, 39, who was married and the stepfather to three children, had worked at the company for 11 months. He was a member of Local 86780, which represents about a dozen workers at the scrap metal recycling center.

Charlie Barrett, CWA representative for occupational health and safety, said Gonzales was trying to remove some stray copper wire caught in an axle of the forklift. To do so, he had to raise the forklift and apparently had moved it onto a railroad tie and wood support.

"It's still not totally clear how everything happened," said Barrett, who went to San Antonio to investigate. "He was underneath the forklift, trying to remove some wire and it came down on his chest."

Ford: Workers Pissing Away Profits

Wondering what's really wrong with the American auto industry? Well, wonder no more. It's the piss-poor dedication of workers to their jobs.

Workers at Ford Motor Co.'s Michigan Truck plant are allowed 48 minutes per shift for bathroom breaks, and they're taking advantage of it, according to plant management.
Managers at Ford Motor Co.'s Michigan Truck plant in Wayne say workers are spending too much time in the bathroom, an internal memo says.

So supervisors will start collecting weekly data to monitor rest room breaks, according to the memo, distributed to workers at the plant this week.

The factory's 3,500 hourly workers are allowed 48 minutes per shift for such breaks.

Ford says workers taking longer breaks are slowing down production of the Ford Expedition and Lincoln Navigator sport utility vehicles built at the plant, The Detroit News reported Thursday.

"In today's competitive environment, it is important that Michigan Truck plant immediately address this concern to avoid the risks associated with safety, quality, delivery, cost and morale," the memo says.
The union, of course, is pissed off:
Some managers get "petty" during tough times, said Jody Caruana, a committee member for the United Auto Workers Local 900 that represents plant workers.

"It's an excuse by upper management to gloss over some of the real problems we have out here," Caruana said. "Is this causing a quality or productivity problem? No. If someone is not on the job, you can bet someone else is who knows what they are doing."
UPDATE: Chrysler, which doesn't seem to be having as many problems lately as Ford or GM, seems to think its workers should be treated as adults:
Chrysler on bathrooms: Take your time
Car maker says it has no plans to follow Ford plant in monitoring restroom breaks.

NEW YORK (CNN/Money) - If assembly-line workers at Chrysler Group plants gotta go to the bathroom, they can take their time, according to a Web posting by a top executive.

Jason Vines, the automaker's vice president of communications, says on his corporate Weblog that the North American division of DaimlerChrysler (Research) doesn't plan to monitor workers' bathroom breaks.

The statement is an apparent response to the Detroit News disclosure last week that trips to the lavatory are being monitored at a Ford Motor (Research) plant in Wayne, Mich., in an effort to cut costs at the beleaguered automaker.

"We're not gonna use a stopwatch, turning a natural function into an Olympic sport," said Vines on his blog. "That ... would just be ... well ... too anal."

Saturday, November 05, 2005

W.R. Grace & Libby Montana on Nightline

For those of you who missed the Nightline series on the W.R. Grace Asbestos tragedy in Libby, Montana and around the country brought to you by W.R. Grace, you can watch the program at the Nightline webpage night one here and night two here.

Related story

Hallelujah: Grace Miraculously Cures Asbestos Victims, November 4th, 2005

Big Business "Happy to see Judge Alito"

While the Washington Post reporters write today about how "Senators Praise Nominee's Candor," and "Alito is Called 'Sensitive' to Executive Power" (whatever that means), the New York Times zeros in on the meat of the problem, writing of how Alito has "reliably favored big-business litigants" and how "with few exceptions, he has sided with employers over employees in discrimination lawsuits and in favor of corporations over investors in securities fraud cases."
It is such business cases, which arise far more often than privacy and abortion cases, that are the bread and butter of the appeals courts and the Supreme Court. And, according to his supporters and detractors, it is where Judge Alito has left his mark in the United States Court of Appeals for the Third Circuit.

Judge Alito's record in business cases presents some political strengths and weaknesses as he heads into his confirmation hearing, scheduled to begin Jan. 9. Major business groups are preparing to spend millions of dollars to lobby on his behalf, and may help him with pivotal Democrats. Liberal groups, meanwhile, have begun to cite his record to make the case that he is insensitive to the plight of minorities and the environment.

The judge's reputation over the last 15 years was such that corporate lawyers relished the prospect of his participation in cases, while plaintiff's lawyers hoped to avoid him.

"We're always happy to see Judge Alito on the panel," said Robert C. Heim, the head of the litigation department at Dechert, a large law firm based in Philadelphia that represents some of the nation's largest corporations, typically facing accusations of antitrust, securities or corporate law violations.
Oh goody.

Meanwhile, on NPR Weekend Edition this morning, University of Chicago Professor Cass Sunstein expanded a bit on why corporate America is so happy. Regarding Alito's dissent from a decision allowing Congress could pass a law restricting the sale of machine guns, Sunstein called it
A very big deal, much of what Congress does with respect to the environment and civil rights and a lot more,it does under the commerce clause What Judge Alito says in this dissenting opinion. was that the possession of machine guns wasn't something that Congress could reach under the commerce clause That opinion does signal that unlike Justice O'connor, ...he will be interested... in resricttng congress's power under the commerce clause in a way that could have serious implications for the Endangered Species Act and the Clean Water Act. .

We're in the midst of a minor and quiet revolution in which the Supreme Court has, for the 1st time in many decades been striking down acts of Congress under the commerce clause and its r

It is reasonable to say, not that Alito will be a "firebrand" or lawless, but that he will be "interested" in attacks on laws that are apparently beyond Congress's power under the commerce clause.
And I thought they were opposed to judical activism. I guess overturning long established laws and protections doesn't count as activism.

Silly me.

Manslaughter Charges In Trench Death

A Staten Island, New York, construction company owner, Ken Formica, owner of Port Richmond-based Formica Construction, was charged with manslaughter yesterday in the 2003 death of a Mexican laborer, Lorenzo Pavia. Pavia was crushed to death under tons of earth when a 15 foot deep unshored trench collapsed on top of him and then decapitated in the rescue attempt.

What is significant about this is that the prosecutor used manslaughter laws instead of the Occupational Safety and Health Act which carries much lower penalties. Until the OSHAct is changed to allow stiffer penalties that will effectively deter these types of preventable tragedies, we need to strongly support aggressive prosecutors who apply tougher criminal penalties to workplace incidents.

I wrote about this first tragedy last May, basing it on an excellent article by Staten Island Advance reporter Heidi Shrager, who went far beyone the usual "trench collapsed, worker died, terrible accident, everyone's sad, one of those things, move on" stories that we see by the dozens every week.

According to yesterday's indictment,
Formica allegedly knew the 15-foot-deep, waterlogged trench that he helped dig was deadly when he directed Lorenzo Pavia, 39, to descend into it, according to the seven-count indictment unsealed yesterday.

"No worker, regardless of his or her job, should be exposed to the dangers posed by an unshored trench," said District Attorney Daniel Donovan during a press conference after Formica's arraignment in state Supreme Court, St. George. "The lives of construction workers in our community are not a dispensable commodity. Failure to protect workers in this way is a crime and will result in your prosecution."
In addition to second-degree manslaughter, Formica was charged with criminally negligent homicide, first-degree reckless endangerment, and third-degree assault.

In New York, "A person is guilty of manslaughter in the second degree when...He recklessly causes the death of another person."

Formica's attorney said it was just an accident:
"We believe this was a tragic accident," said Joseph V. Sorrentino, Formica's defense lawyer. "This is a guy with a stellar safety record who cooperated from the beginning of the investigation. There was no attempt here to cover up or to run from responsibility."
Formica, the "guy with a stellar safety record," had received a previous citation nine months before Pavia's death. In that case, an inspector from the city Department of Transportation ordered one of Formica's workers out of an unsafe trench, and warned Formica to follow safety regulations.

Formica faces 15 years in jail. OSHA had previously fined the company only $15,000 even though there were 14 serious and one willful violation. Had OSHA sought a criminal prosecution under the OSHA Act, the charge would have been a misdemeanor with a maximum of 6 months in jail. This case, is therefore, particularly significant:
"Indictments are extremely rare," said Jordan Barab, a former OSHA official who writes extensively about the issue on his worker safety Web log. "The real importance here, beyond punishing the management of the company itself, is the message it will send to other employers. They can't take shortcuts lightly. There is a major price to be paid for putting someone's life at risk just to do things more quickly, or make more money."

Under OSHA regulations, trenches deeper than 5 feet must be either shored or sloped. During his deposition after Pavia's death, Formica admitted to OSHA investigators that he made a mistake by leaving the trench unshored, and was at a loss as to why that was the case.

OSHA charged the company with 15 violations totaling almost $15,000. All the fines were deemed "serious" except for one: The charge of not shoring the trench, which was deemed "willful," the most serious kind of offense and the required classification in order to criminally prosecute under the OSHA Act. Still, prosecutors charging defendants with violating the OSHA Act can seek only a misdemeanor charge and a maximum penalty of six months.

Donovan's felony charge of second-degree manslaughter represents "a more creative way" to tackle the problem, said Barab.

Prosecutors are "drawing the parallel between killing someone in a bar fight and killing them in the workplace," he added. "They are taking a law used for other purposes and applying it to the workplace, which I think, given the weakness of the OSHA Act, is a very good thing."

OSHA, which is attempting to focus more on criminal penalties after being embarassed by a couple of NY Times series in 2003, assisted in this indictment.
Labor officials and advocates hailed the indictment as a huge step toward ensuring workplace safety, especially for undocumented immigrant workers like Pavia, who typically are ignorant of regulations, hesitant to report employer violations to regulators and speak little English.

While workplace fatalities are on the decline in the general population, they are soaring among Hispanic and immigrant workers, said Robert D. Kulick, the director of the federal Occupational Safety and Health Administration branch in Avenel, N.J., whose staff worked with Donovan's office in the indictment.
Bills have been introduced in the House of Representatives (by NY Congressman Major Owens) and in the Senate (by MA Senator Ted Kennedy) that would change the OSHAct to make corporate manslaughter a felony offense, with the possibility of sentences that might range from no time behind bars to up to 10 years in prison. Upon a second offense, the maximum sentence could be doubled.

OSHA: A Tough Agency With A Tough Job?

You've got to hand it to OSHA. They make a special effort to communicate to their "customers."

But does this look like a tough enforcement agency using any means necessary to fight for the lives and health of American workers?

From OSHA's November 1, 2005 "Quick Takes: A bi-weekly e-news memo with information, updates, and results from OSHA about safety and health in America's workplaces."


In This Issue

OSHA Outreach Training Program Sets Record
OSHSPA Issues Latest Grassroots Worker Protection Report
More Hurricane Quick Cards and Fact Sheets Available
OSHA Education Center Offers Training Courses
Spanish-language Versions of Worker Safety and Health Training Set for Chicago
OSHA Welcomes New National Alliance Participant, Renews Others
Nebraska, Texas, Massachusetts and Maryland Worksites Earn "VPP" Recognition
Latest Regional Alliances Formed with OSHA
Voluntary Protection Programs Activity
Now what message does this send to employers who are putting their employees at risk?

a) Putting workers at risk of injury or death is unacceptable!

b) Shape up or face the fearful wrath of the mighty U.S. Government.

c) OSHA standards are the law of the land; violating them makes you a criminal and possibly a murderer,

d) Uh, excuse me, sorry for bothering you, but if you happen to be interested in some workplace safety and health issues, would you mind checking out some of our information? Oh, and if you have a few minutes, maybe we can get together for a nice spot of tea.
But just when you're about to give up on OSHA, they do something to redeem themselves submerge you under waves of depression:

Newsflash:OSHA Aligns with International Carwash Association
.

Friday, November 04, 2005

McWane Indicted Again; Wins Safety Award

Yet another McWane indictment, this time for pollution:
Pipe Company Faces Pollution Indictment

McWane Inc., one of the world's largest pipe manufacturers, was indicted yesterday in Utah, accused of a six-year conspiracy to violate the Clean Air Act and falsify tests to cover up emissions of a dangerous air pollutant.

According to the six-count indictment, McWane conspired to mislead regulatory officials into believing that Pacific States Cast Iron Pipe, its pipe foundry in Provo, Utah, was in compliance with air-pollution laws. The indictment accuses senior executives of tampering with pollution monitoring devices, knowingly making false statements to regulators and obstructing the Environmental Protection Agency.
McWane is based in Birmingham, Ala.
McWane is the company made notorious for its workpace safety and environmental crimes, first publicized in a 2003 New York Times/Frontline series.

Oh, but wait, nevermind:

McWane's Union Foundry recognized for exemplary safety

A McWane Inc. facility in Anniston has been honored by the Calhoun County Chamber of Commerce for its community involvement and outstanding safety record.

Union Foundry was the winner in the safety category and a finalist in the community involvement category during the chamber's 2005 Industry Awards of Excellence, which were presented by chamber president Sherri Sumners during a breakfast ceremony recently.

Tim Douty, assistant general manager of Union Foundry, said in a prepared statement he was especially proud of receiving the safety award. "Union Foundry is being noticed by the Chamber of Commerce as a leader in the community for recognition of worker safety and our safety program," he said. "This award is a reflection of the commitment our employees have toward safety."

So what's next? Michael "Brownie" Brown and I Lewis "Scooter" Libby win Presidential Medal of Honor?

Related Stories:

For Death of Worker, Highway Department Sentenced To ....Training

Am I missing something here?
Skaneateles cited in death of worker

Wednesday, November 02, 2005

The town of Skaneateles (NY) highway department was cited with a violation in the death of a town worker in August. Ruth Pillittere,speaking for the state Public Employees Safety and Health Bureau, said the department was cited for failure to provide training on the proper use of the asphalt roller and failure to recognize and avoid unsafe conditions.

Highway department employee Scott Clarry, 35, of Maple Street, Skaneateles, died Aug. 29 while paving a portion of Hencoop Road. Pillittere said the department must provide a training session for town equipment by Jan. 23.

Highway superintendent James Card said the violation citation was fair.
He said training will be done by deadline.

Hallelujah: Grace Miraculously Cures Asbestos Victims

Hopefully you were able to watch tonight's Nightline program on W.R. Grace asbestos tragedy in Libby, Montana. If not, you have two options: Check out part 2 on Friday night, and/or read this article in the Baltimore Sun by Andrew Schneider who broke the orginal Grace story in 1999.

In case you've missed hearing anything about this story, hundreds of deaths and more than 1200 illnesses have been diagnosed among the residents of Libby and surrounding communities from exposure to Grace's asbestos-laden vermiculite. These include not only workers who worked at W.R. Grace, but family members and residents who had no relation to the plant but breathed the air contaminated by the 5,000 and 10,000 pounds of asbestos a day that spewed up the stacks.

The worst thing about the contamination is the Grace executives knew that they were killing their workers and the community. W.R. Grace & Co. and seven of its current or former executives and department heads were indicted last February for attempting, for attempting, since the 1970's, to hide the fact that toxic asbestos was present in vermiculite products at the company’s Libby, Montana plant.

But it's still getting worse (if that's possible):
Lloyd Arlt was breathing hard when he reached his roadside mailbox 100 feet from his front door. Even though oxygen flowed from a tank strapped to his back, he was forced to pause, trying to catch his breath.

As he shuffled back to his mobile home, he pulled two envelopes from Health Network America from the mail. One letter was addressed to his wife, the other to him.

"I got halfway down the first page and broke out laughing," said Arlt, a 79-year-old former heavy equipment operator. "Here's this letter from the insurance company for W.R. Grace who poisoned the countryside with asbestos telling me that I'm cured. Since 2000, doctors have run test after test and told me that the lining of my lungs is crusted with asbestos and was getting worse."

The letter to Marjorie, his wife of 58 years, also declared her free of asbestos-caused disease. Similar letters went to 178 others who had worked or lived in and around Libby and been exposed to asbestos fibers from vermiculite ore mined by Grace, an international chemical company based in Columbia. Like the Arlts, they had been diagnosed as ill and eligible for the health care that Grace promised residents of this mountain valley.

In a dispute over the validity of the victims' medical diagnoses, physicians hired by Grace's insurer, HNA, are challenging the findings of Libby physicians, national pulmonary specialists and federal public health experts. In the past two months, more than a quarter of the 700 people covered by the HNA plan have gotten what some residents call "miracle letters" saying they show no signs of asbestos disease. The rest of the victims covered by the plan got letters affirming their diagnoses.

Those who were declared disease-free were told their X-rays had been reviewed by one or more radiologists working for the insurer. "In your case, none of the peer reviewers was able to identify an asbestos-related disease or condition," the letter said.

"Now Grace is performing miracles, curing people with simple letters that say they are free of disease," said Gayla Benefield, whose husband, David, and a nephew received letters saying they are disease-free. Her letter agreed she has asbestos disease. In her extended family, 42 people have died from asbestos disease, are sick from it or are at risk, she says.
So is what Grace saying true? Hardly:
In a review of 10 patient files, a leading pulmonologist in Detroit found signs of asbestos disease in nine, including Lloyd Arlt's, and suspected it in the remaining case. The clinic plans to send additional cases to experts elsewhere to present to HNA, which has the last word on patient appeals.
Meanwhile, those "cured" by Grace are now unable to get their medical bills paid.

And what is Grace's motive?
Washington attorney Peter Lockwood says Grace's motivation is monetary. Lockwood is with Caplin & Drysdale, the law firm appointed by the bankruptcy court to represent the interests of those people who have asbestos injury claims against Grace.

"Grace has a very significant financial interest in reducing the number of people everywhere who could validly claim the company's actions made them sick. Decisions made by their health plan is one way," Lockwood said, referring not only to the bankruptcy proceedings in which he is involved but also to the criminal cases.

"Probably, if you're the prosecutor in the case, the more people that got sick and the more serious their illnesses were, the better the case you have," he said. "If Grace is going to be asking its experts to tell the court that the claims out of Libby are worthless, it would be somewhat inconsistent for its health program up there to be saying, 'Oh, my. You people are all really sick and you need a lot of medical treatment.'"

Grace, which last year had 6,500 employees and sales of $2.3 billion, said it lost $402 million in 2004 because of the latest amount set aside to pay potential claims.

Dr. Alan Whitehouse, the pulmonary specialist who first documented asbestos illness in Libby residents in 1980, has this view: "What Grace is doing by magically declaring them cured is an attempt to minimize their liability for future medical care."
Finally, the Grace tragedy was not just limited to Libby, Montana. Grace's vermiculate was shipped throughout the country to be processed where in contaminated thousands of other workers and dozens of communities. That's the subject of tomorrow's Nightline.

The basic facts about Grace and Libby:
  • Hundreds of deaths have been linked to asbestos-contaminated vermiculite from its mine, once the world's largest producer. More than 1,200 illnesses were diagnosed out of 6,600 residents of Libby and surrounding counties who were tested.

  • It was not just the miners who became sick and died, it was their spouses who washed their work clothes, their children who rushed to hug them, the kids who raced on the contaminated high school track and the people who spread the feather-weight vermiculite in their gardens and stuffed Grace's Zonolite insulation in their walls and attics.

  • Most residents inhaled the fibers from just living in Libby and the surrounding valley, where a persistent air inversion trapped the fibers. Court records show that between 5,000 and 10,000 pounds of asbestos a day spewed up the stacks at the sorting plant.

  • Grace filed for bankruptcy protection in 2001 because, according to its Chairman, it was the only way to protect itself from tens of thousands of lawsuits claiming death or illness from exposure to asbestos in Grace products or from its facilities.

  • Last February, the Justice Department indicted Grace and seven current or former executives and managers on federal criminal charges that they knowingly endangered the public and Libby mine workers through exposure to asbestos and concealed the information. If found guilty, Grace could be fined up to $280 million and individuals could face prison terms of up to 60 years.

  • In declaring the area a Superfund site, the U.S. Environmental Protection Agency called Libby "the most horrific environmental disaster in this country's history."

  • In June, New Jersey's attorney general filed civil charges against Grace and two executives for allegedly concealing asbestos contamination at its former vermiculite processing plant in Trenton.
UPDATE: For those of you who missed the Nightline series on the W.R. Grace Asbestos tragedy in Libby, Montana and around the country brought to you by W.R. Grace, you can watch the program at the Nightline webpage night one here and night two here.

Related Stories .

Thursday, November 03, 2005

Libby Montana Asbestos Tragedy on Nightline Tomorrow Tonight

JUST HEARD THIS IS TONIGHT

UPDATE: Obviously, this didn't happen. I'll try to find out ahead of time and let you know.

ABC's Nightline will air a 2-part series on asbestos-contaminated vermiculite, W.R.Grace and Libby, Montana on Wednesday 11/2 and Thursday 11/3, with Ted Koppel anchoring.

W.R. Grace & Co. and seven of its current or former executives and department heads were indicted last February for attempting, since the 1970's, to hide the fact that toxic asbestos was present in vermiculite products at the company’s Libby, Montana plant. over 1000 people in Libby -- workers, spouses and children -- show signs of asbestos disease and the EPA has found that more than 250 already died so far. The asbestos was processed in plants across the country, exposing workers and contaminating communities.

With natural catastrophes, bombings, and indictments occuring too quickly to count, it is possible that the shows will be postponed to air breaking news, but as of this moment ABC plans is to air part one tomorrow night.

More here.

UPDATE: For those of you who missed the Nightline series on the W.R. Grace Asbestos tragedy in Libby, Montana and around the country brought to you by W.R. Grace, you can watch the program at the Nightline webpage night one here and night two here.

More Good News From California Polls On Paycheck Protection Deception

Two new recent polls show Proposition 75, Paycheck Protection Deception, losing.

The usually reliable Field Poll showed 29% in favor and 46% opposing, while a Los Angeles Times poll showed that 33% favored the initiative and 44% opposed it. Unions have spent $100 million ot fight the initiative. In August, the Field Poll found Proposition 75 winning by 13 points.

Proposition 75 is a Schwarzenegger-backed initiative designed to cripple the political power of public employee unions by requiring government employee unions to give prior notice to members before using dues on political activity.

According to the Times poll, Proposition 75 supporters aren't fooling many people. Although the initiative is billed as an attempt to protect the rights of union members, most (whether they're for or against) believe it's really designed to reduce the unions' political influence:
More than six out of 10 voters believe that Prop 75 is intended to decrease the influence that unions have in state politics, while 26% said the measure is intended to protect the rights of union members. Interestingly 30% of union members believe this initiative is on the ballot to protect their rights. And among that small group, an overwhelming majority are supporting the initiative. Also, nearly two out of five voters believe unions in California have too much influence, while a fifth think they have too little. More than a third (36%) believe unions exert the right amount of influence and seven in 10 of this group say they are voting against Prop 75. A surprising 25% of union members who are deemed likely to vote, think unions have too much influence and they overwhelmingly support the measure. Also, nearly half of Republicans amd 45% of conservatives do not believe the initiative would protect union members rights, but rather decrease the influence of unions around the state, compared to 38% of Republicans and 39% of conservatives who believe this proposition is intended to protect the rights of union members.
Arnold can't even get his base to support Prop. 75:
For example, 42% of moderate Republicans, 27% of conservatives and 26% of Republicans are all voting against Prop 75. Voters in a more affluent household are opposed to Prop 75, as are all age groups, especially the elderly.
The poll also shows the growing influence of Latino voters and Latino union members:
White voters are split, while 56% of Latinos are against the measure. This poll shows 28% of union members who are likely to vote to be Latinos, or put another way, 41% of Latino likely voters are union members.
All of Schwarzenegger's initiatives are losing, exept for the teacher tenure measure, which is roughly tied, according to the Times.

Wednesday, November 02, 2005

Judge: Company Did No Wrong In Killing 13 Miners

On Sept. 23, 2001 two explosions ripped through the Jim Walters mine in Brookwood, Alabama, killing thirteen workers, many of whom were trying to assist four co-workers injured in the initial blast. MSHA fined Jim Walter Resources Inc. $435,000 for major problems. On Tuesday, administrative law judge David F. Barbour threw out most of the fine, requiring Jim Walter to pay $3,000 in fines for minor violations. According to the judge, the government did not prove wrondoing by the company.

That was news to MSHA which accused the company of lacking proper roof supports, improper training and inadequate efforts to prevent the buildup of volatile coal dust and gas.

The United Mineworkers conducted a year long, 100-plus-page report on the disaster, finding that the explosions resulted from a breakdown in the federal Mine Safety and Health Act's (Mine Act) checks and balances designed to protect miners' safety.
he UMWA determined the accident occurred when part of the mine's roof fell on top of and short-circuited a 6-ton scoop battery, generating sufficient heat to ignite methane. The union alleges the roof fall resulted from the mine operator's failure to adequately support adverse roof conditions. Following the first explosion, four miners were injured (including one unable to move) and ventilation controls were damaged, allowing methane gas to build up in the No. 4 section. JWR's emergency response was deficient and failed to protect and evacuate the miners. Twelve miners, who responded to the accident without necessary information and direction, were caught in the second explosion about 55 minutes after the first blast. They all perished along with the previously injured and immobile miner.

The investigation found that float coal dust, which had not been adequately controlled, helped fuel the second explosion.

"MSHA's District 11 allowed many violations to languish well after the required abatement dates had passed and kept fines low by, for example, citing that only one miner would be injured or killed by most violations," said UMWA Safety & Health Administrator Joe Main, who led the investigation called for by Roberts. "Since the mid-1990s, numerous complaints have been filed by miners and the union about the lax enforcement of the Mine Act by MSHA's District 11 office in Alabama."

"Our investigation identified several reforms needed to improve health and safety protections at coal mines," concluded Roberts. "We urge immediate action by MSHA and the mining industry to take steps to make all mines safer and healthier."
The Mineworkers called on MSHA to re-open the investigation and accused the agency of ignoring the testimony of miners who had complained about pre-existing hazardous conditions in the mine and downplaying JWR management's role in examining the mine and its ventilation problems.

The Mineworkers were angry:

"This decision is a bitter disappointment for our union and the families of those who lost their lives on that tragic day four years ago," said Cecil E. Roberts, president of the United Mine Workers of America International.

In a statement, Roberts said the judge "found that MSHA simply did not do its job when it came to proving its case" against Jim Walter Resources.

"It's high time MSHA started devoting more funding, more scientific and forensic expertise and more institutional concern to its investigations," Roberts said.



(Full UMWA report here.)

Haunted Workplace





Jay Herzmark, an AFSCME member at the University of Washington, creates a "Haunted Workplace" every Halloween to illustrate the horrors workers face every day on the job. Here are a couple of examples from this year. (The sign next to the hand says "Put it on your regular insurance so my workers comp rates don't go up.")

Tuesday, November 01, 2005

Corporate America's Love Affair With Sam Alito

While left and right duke it out over Supreme Court nominee Sam Alito's position on Roe v. Wade, corporate America is as happy as pigs in shit, according to Business Week.
Of the dozen or so names on Bush's rumored short list of high court candidates, Alito ranked near the top for the boardroom set.

In the 800-plus opinions he has penned during his 15 years as a federal judge, Alito consistently has come down on the side of limiting corporate liability, limiting employee rights, and limiting federal regulation. "He would be a liability restrainer," says Stan Anderson, legal-affairs lobbyist for the U.S. Chamber of Commerce.
The Wall St. Journal agrees that "In 15 years on the federal bench, Judge Samuel Alito often has sided with positions backed by business leaders."

For those assessing Judge Alito, there are dozens of business cases to sift, some of which are widely known and many which are more technical. One of the best-known is a 1997 dissent in which Judge Alito argued against a racial-discrimination claim made by a black housekeeping manager who was denied promotion to a job at a Marriott International Inc. hotel. The position, at a hotel in Park Ridge, N.J., went to a white woman. While the court ruled the woman could take the case to a jury, Judge Alito argued that, although she might be able to claim she had been treated unfairly, that wasn't enough to let her sue.

"What we end up doing then is ... allowing disgruntled employees to impose the cost of trial on employers who, although they have not acted with the intent to discriminate, may have treated their employees unfairly," he wrote. "This represents an unwarranted extension of the anti-discrimination laws."
And although Democrats are complaining the Bush failed to consult with them about the current nomination, business groups didn't have the same problem, according to CNN:
Greg Valliere, chief strategist for Stanford Washington Research Group, added that it's unlikely that Alito would have been nominated if his judicial philosophy wasn't geared towards business interests.

In fact, the White House was reported to have consulted business groups such as the U.S. Chamber of Commerce and the National Association of Manufacturers, headed by former Michigan governor and Bush friend John Engler, over potential nominations in order to garner support for what many see as an uphill battle to seat a conservative judge to replace moderate O'Connor.

Bush Outlines Flu Pandemic Plan: Better Late Than Never, or Too Little, Too Late?

President Bush made a major address about preparations for a possible Avian flu pandemic today, asking Congress for $7.1 billion to help prepare the country for a global epidemic of influenza.

The President wants $2.8 billion "to subsidize rapid development of cell-based technology for making influenza vaccine -- an investment that the United States' dwindling vaccine industry has declined to make" and between $1.2 billion and $1.5 billion would be used to build a 20 million-dose stockpile of an experimental vaccine

Revere, over at Effect Measure, wasn't particularly impressed (although the drug companies were.) Optimistically, it's "better late than never," although I can't help but get the feeling it's too little, too late.
The bottom line for Big Pharma (the only line it cares about) will be that the public will fund the R&D and the big drug companies will be allowed to privatize the profits. And they are being asked to do it in a hurry, without time for adequate safety testing. So they don't want to take the risk and want immunity from suits.

If the problem is that the market doesn't work for vaccines, stop trying to make it work by artificially creating monopolies and insulating manufacturers from the costs of negligence ("the burden of litigation," in Bush's words). Big Pharma is even richer than Big Oil. It was reported yesterday that Europe's number two drug company, Novartis, has $5 billion dollars of cash flow to play with every year. It just used some of it to buy the vaccine maker, Chiron, which itself just got a huge US government contract to make a bird flu vaccine after they flushed half of the nation's supply down the toilet last year with contaminated production facilities. These guys don't need much help except to chew faster and swallow harder to get all the bucks down.
Revere also wasn't impressed with the $580 million for "pandemic preparedness" and Bush's talk about strengthening the hospital system while "his Republican comrades in the Congress are cutting Medicaid and Medicare, funds that the hospitals depend on to operate. "
If Bush really wanted to get us ready for a pandemic, he would get our critical infrastructures ready, especially public health and the health care system. Instead what we got is a proposal to throw money at the problem, with most of it destined to stick to the walls of Big Drug Companies. The public is like the person with a broken leg who is wheeled into the Bush Emergency Room and is told Bush doesn't do broken bones but Doctor Frist and company would be glad to give them a rectal exam.

The threat of a pandemic is serious. This plan isn't serious. It's a distraction to divert attention from Miers, Scooter, Iraq, Katrina and all the other crap Bush has served up. Watch the birdies (they might have the flu) while the other hand is stripping you bare and handing your possessions over to Big Pharma, Halliburton and Big Oil. That's a disgrace.
But wait, all is not lost. As Revere points out, Big Pharma really likes the plan. Not hard to figure why.

Good News: OSHA's Job Is Done

Everyone can go home now.

There's an old story that a US Patent Office official resigned in 1889 because "everything that can he invented has been invented." Turns out the story was a myth, but some myths die hard. And some myths are newly created.

The Bureau of National Affairs (subscription required) recently did a story on the effect of Newt Gingriches Contract On America on the making of OSHA regulations.

The obvious conclusion was
Since 1994, significantly fewer Occupational Safety and Health Administration regulations have been promulgated than had been in the previous decade. Whether the slowdown can be linked directly to the shift in political philosophy in the Congress, or because of a combination of factors, many OSHA observers agree that job safety and health regulations have slowed to a trickle, particularly those described as "economically significant" with an impact of $100 million or more on the economy.
The reason, according to the National Association of Manufacturer's Pat Cleary ranks right up there with the Patent Office myth:
Cleary suggested that the reason that regulations are not promulgated at a faster pace, is because so many hazards have already been addressed.

"The pace of regulations has slowed, there's no doubt about it," Cleary said. "But it was a blistering pace for a very long time. It's fair to ask, what's [left] unregulated?"

Cleary maintained that the U.S. workplace is safer than it has ever been.
Happily, the BNA sought a more expert (and accurate) opinion on the matter:
[Jordan] Barab, on the other hand, said there are numerous job safety and health issues that have yet to be dealt with by OSHA. Ergonomics issues are present despite the agency's promises to address them through guidelines. He also said there are standards incorporated by reference into rules that need to be updated as well as issues such as confined space in construction.

"You've got hours-of-work and stress-related [issues], workplace violence, and communicable diseases beyond bloodborne pathogens," Barab said. "There are plenty of hazards out there."

Labor Dept Rebuked Over Wal-Mart Deal

The Bush administration's bad week continues.

While this won't make the same headlines as the Miers withdrawal or Scooter's journey to the dark side, the underbelly of the Bush administration's coziness with its special corporate friends was revealed for all to see as the Bush Labor Department was taken to the woodshed yesterday by its inspector general who criticized the Department for an agreement promising the stores 15 day notice before labor invstigators woud inspect its stores for child labor violations.
The Labor Department's inspector general strongly criticized department officials yesterday for "serious breakdowns" in procedures involving an agreement promising Wal-Mart Stores 15 days' notice before labor investigators would inspect its stores for child labor violations.

The report by the inspector general faulted department officials for making "significant concessions" to Wal-Mart, the nation's largest retailer, without obtaining anything in return. The report also criticized department officials for letting Wal-Mart lawyers write substantial parts of the settlement and for leaving the department's own legal division out of the settlement process.

The report said that in granting Wal-Mart the 15-day notice, the Wage and Hour Division violated its own handbook. It added that agreeing to let Wal-Mart jointly develop news releases about the settlement with the department violated Labor Department policies.

The inspector general, Gordon S. Heddell, said the agreement did not violate federal laws or regulations.
The Labor Department had reached the special deal with Wal-Mart last February when Wal-Mart, the world's largest retailer agreed to pay $135,540 to settle federal charges that it violated child labor laws in Connecticut, Arkansas and New Hampshire. As part of the agreement, revealed yesterday after it was secretly signed in January, the Labor Department agreed "to give Wal-Mart 15 days' notice before the Labor Department investigates any other 'wage and hour' accusations, like failure to pay minimum wage or overtime."

The inspector general wrote that all Wal-Mart promised to do if caught violating the law again was to bring a store into compliance within 10 days of when the department notifies it of a violation, but that there was
"little commitment from the employer beyond what it was already doing or required to do by law."

"In our view," the inspector general's office wrote about the Wage and Hour Division, "the Wal-Mart agreement may adversely impact W.H.D.'s authority to conduct future investigations and issue citations or penalty assessments, and potentially restrict information to the public."

The violations involved workers under age 18 operating dangerous machinery, including cardboard balers and chain saws. In the agreement, Wal-Mart denied any wrongdoing, although the company agreed to pay the fine.
The inspector general's report was conducted at the request of California Congressman George Miller who has had a pretty good month, after succeeding in pressuring the administration into backing off of its Davis Bacon wage support suspension last week.

The inspector general also contradicted the Labor Department's claim that there was nothing about this agreement that the Clinton administration hadn't done, finding that
the agreement between Wal-Mart and the Labor Department's Wage and Hour Division (W.H.D) "was significantly different from other agreements entered into by W.H.D." and "had the most far-reaching restriction on W.H.D.'s authority to conduct investigations and assess" fines..
The full inspector general report can be found here.

Related Articles
:
What's It All About, Vicky? Child Labor, Wal-Mart and the Bush Administration, Feb. 19, 2005
Wal-Mart -- DOL Deal: Clinton Did It Too? Not!, February 16, 2005
More Wal-Mart/DOL Shenanigans, February 15, 2005
Miller Calls For Investigation of Wal-Mart Deal February 15, 2005
Bush Labor Department Puts Wal-Mart in "Privileged Position" February 12, 2005
Wal-Mart: Following In The Proud Footsteps of the Tobacco, Beer and Petroleum Industries February 11, 2005
Wal-Mart Enters 19th Century: Locks Workers In Overnight January 18, 2004