Posts Tagged ‘fatalities’

Halloween special: Scariest posts from our archives

Wednesday, October 21st, 2015

Apparently, it’s human nature to love being scared. It’s certainly proven true with blog posts — some of the most popular and highly visited entries from the archives are the ones that set your teeth on edge. Truth is usually scarier than fiction. We’ve dusted them off and present them to you.

In the spirit of Halloween, here are some of our scariest and most popular posts from the “it could have been worse” genre:

The truly terrifying posts

The above posts run the gamut but they have one thing in common: they mainly had happy endings. The really terrifying posts – the ones that should keep us all awake at nights – are ones that end badly. Here are some frequently visited posts in the “it shouldn’t have happened but it did” category. Sadly, this list is hardly exhaustive in the horror genre. Too many workers leave for work in the morning and don’t come home again at night:

Blankenship on trial: Potentially precedent setting case re CEO criminal responsibility

Wednesday, October 7th, 2015

A day that many in West Virginia have waited for has come to pass: Don Blankenship, former CEO of Massey Mining, is on trial. Proceedings began on October 1 in Charleston Federal Court and are in the jury selection phase.

Get your popcorn ready for what promises to be a very interesting and potentially precedent setting case. Holding a CEO criminally responsible for charges related to work safety violations is extremely rare. Observers are interested particularly in light of the Justice Department’s new emphasis and directive on prioritizing accountability and prosecution of individuals rather than just corporations. And no one is watching the proceedings with more interest than the families of the 29 miners who lost their lives.

The Charleston Gazette is following the trial closely with Don Blankenship on Trial, a special reporting section that includes day-by-day trial coverage updates and stories, timelines, a list of legal documents, historical articles, videos, maps and more. It also includes photos and profiles of the deceased.

Coverage also includes links to podcasts by West Virginia Public Broadcasting. WVPB has also been reporting on the case, offering an extensive background and podcasts of the trial events. You can find the latest podcast on the link above, or find a roster of the daily podcasts here or at the WVPB site’s dedicated Blankenship Trial page, where other reportage is also available.

The 16 minute Episode One is well worth a listen. WVPB’s Ashton Marra interviews
Howard Birkus, investigative reporter for NPR on coal mining and work safety, and Mike Hissam, Partner of Bailey & Glasser law firm. They set the stage for the trial and talk about its precedent-setting nature. Birkus says that it is “”extraordinarily rare to hold a CEO responsible for criminal or civil violations at their companies” noting that prosecutors need a paper trail, electronic trail or inside people who will testify. Hissom talk about how this case is on the leading edge of the Obama Justice Department’s new guidelines on criminally prosecuting individuals rather than just fining a corporation. They discuss how CEOs are often insulated from decision-making, but that Blankenship is unique and legendary in his micro-managing practices.

For background on the Justice Department’s new focus on criminal prosecutions, see the New York Times: Justice Department Sets Sights on Wall Street Executives. Matt Apuzzo and Ben Protess report on new rules, issued in a memo to federal prosecutors nationwide:

“Though limited in reach, the memo could erase some barriers to prosecuting corporate employees and inject new life into these high-profile investigations. The Justice Department often targets companies themselves and turns its eyes toward individuals only after negotiating a corporate settlement. In many cases, that means the offending employees go unpunished.

The memo, a copy of which was provided to The New York Times, tells civil and criminal investigators to focus on individual employees from the beginning. In settlement negotiations, companies will not be able to obtain credit for cooperating with the government unless they identify employees and turn over evidence against them, “regardless of their position, status or seniority.” Credit for cooperation can save companies billions of dollars in fines and mean the difference between a civil settlement and a criminal charge.”

For background on the case, How we got here offers a history of the case.

The reporting traces Blankenship’s rise to power in the coal mining industry and his influence in the state’s politics on through to the April 2010 Upper Big Branch Mine explosion that claimed the lives of 29 miners. Several investigations revealed ” … a pattern of violations by Massey of key safety standards, including proper mine ventilation, control of the buildup of explosive dust, and maintenance of equipment to prevent sparks that could set off a blast.” To date, four criminal convictions have occurred. Then in November of last year:

“… a federal grand jury meeting in Charleston indicted Blankenship, charging him with four criminal counts. A superseding indictment was later filed that combined two of the counts. Blankenship faces charges that he conspired to violate federal mine safety standards and to hide those violations from government inspectors and that he lied to federal securities regulators about Massey’s safety practices to try to stop the company’s stock prices from plummeting after the disaster.”

More resopurces
See our prior stories on Don Blankenship here

Follow Ken Ward on Twitter

Follow other reporting and commentary on twitter at #Blankenship

Fall from Grace: Dupont in OSHA’s Severe Violator Enforcement Program

Friday, August 14th, 2015

For many who have had careers committed to safe workplaces, it’s a bit of a heartbreak to see that Dupont, once a pinnacle of safety, is now placed in OSHA’s “Severe Violator Enforcement Program.” This action is the result of investigations spawned by the deadly chemical leak at the La Porte, TX facility last November. The leak claimed the lives of four workers and hospitalized another. Sandy Smith reports in her EHS Today article, OSHA Revisits DuPont Facility Where Four Workers Died, Issues More Citations:

In his remarks about the enforcement action against the company, Assistant Secretary of Labor for Occupational Safety and Health David Michaels took aim at the company’s reputation for safety. “DuPont promotes itself as having a ‘world-class safety’ culture and even markets its safety expertise to other employers, but these four preventable workplace deaths and the very serious hazards we uncovered at this facility are evidence of a failed safety program,” said Michaels.

Neena Satija and Jim Malewitz report in the Texas Tribune: New OSHA Penalties for DuPont After Deadly Leak

“We have concerns about the safety culture,” David Michaels, the agency’s director, said in an interview Thursday. “We expect chemical facilities where highly toxic materials are used to have a culture that focuses on ensuring worker protection. It appears to have broken down.”

In a May interview with The Texas Tribune, Michaels called the initial $99,000 fine “petty cash” for the multibillion-dollar company and said he wished he could dole out harsher penalties.

On Thursday, he said fines matter little for any company that large, but shining a spotlight on a company that has long touted a goal of “zero safety incidents” will send a message to employers nationwide.”

A must-read account: Up In the Tower

In reading accounts of the November chemical disaster, it’s apparent that this came very close to being much worse – not just for plant workers, but also the larger community.

We call your attention to Up in the Tower, an excellent and eye-opening article in Texas Monthly by Lise Olsen that dissects the events leading up to and during the tragic November day. It lays bare many of the failures, warning signs and build up to the day’s events. By painting portraits of the deceased workers and their actions, it also puts a human face on the tragedy.

Olsen outlines how Dupont’s fall from grace began a number of years ago, a result of many factors: pressure to increase profits for shareholders, corporate restructurings, high turnover with more experienced workers retiring or leaving and being replaced by less experienced workers. Dupont experienced prior safety failures leading to fatalities:

DuPont experts continue to deliver lectures at global safety conferences and make millions peddling their safety programs to other companies, with results that they say have been proved. But the corporation’s pristine safety reputation suffered after toxic releases killed two workers at chemical complexes in New York and West Virginia. One longtime DuPont employee was fatally poisoned in 2010 after cheap plastic tubing burst inside a shed at DuPont’s plant in Belle, West Virginia, dousing him with phosgene, a gas that had been used as a chemical weapon in World War I. That same year, an explosion killed a contract welder and injured his co-worker in Buffalo, New York. They hadn’t been warned of a possible gas buildup inside the tank they were repairing. The U.S. Chemical Safety Board, a small federal agency that investigates the nation’s worst industrial chemical accidents, reviewed both cases and criticized DuPont. Company officials had failed to follow their own maintenance and safety rules, the board said. “In light of this, I would hope that DuPont officials are examining the safety culture company-wide,” the board’s former chairman John Bresland announced in July 2011.

OSHA is trying to compensate for the low fines by shining a spotlight on the company’s practices so an article like Olsen’s may have wider exposure than the typical OSHA releases, which tend to mainly garner coverage in trade publications. Certainly, the fines are little comfort to the surviving families, as Olsen notes:

The penalties and company assurances seem small to Gilbert and his family. He and his wife canceled the big fiftieth-wedding-anniversary party they’d planned with all four of their children. Their sons’ smiling faces appear in the family portraits that line their shelves and walls, but family gatherings are more somber now. Gibby’s widow comes alone; Robert’s wife is raising their young children without him. Gilbert has accepted that Robert died trying to rescue his co-worker. He takes some comfort knowing that Gibby helped save another man’s life and perished trying to save his brother. His sons died heroically, but, he says, their deaths could have been easily prevented if their employer, a multibillion-dollar corporation, had invested in upgrades and followed its own rules. “It wasn’t necessary for them to die.”

 

— Reader comment from our mailbox —

Good Morning.

I was the carrier claims service representative for E. I. DuPont de Nemours from the late 80’s through most of the 90’s at both the Belle, WV plant, as well as, Waynesboro and Martinsville, VA. In the conduct of my responsibilities there, I became somewhat familiar and was impressed by the safety culture at these plants. It’s sad to see this strong emphasis on “Safety First” deteriorate to this point.

I would hope that the pursuit of profit wasn’t a cause of this change in attitude, or the weakening of union influence on safety matters by collusion or desperation for jobs, but it’s hard to think of another explanation.

Regards,
R.S.L, AIC

Tomorrow is Workers Memorial Day

Monday, April 27th, 2015

Safe-Jobs-Save-Lives-Poster_large

April 28 is Workers Memorial Day, a day dedicated to remembering those who have suffered and died on the job and renewing the fight for safe workplaces.

Here are some resources and events about tomorrow’s observances.

OSHA: 4,585 [U.S.] workers died on the job in 2013

Interactive Map of 2014 Worker Fatalities

Death on the Job report, 2014

Workers’ Memorial Day — April 28, 2015
CDC’s Morbidity & Mortality Weekly Report

Find Workers Memorial Day events near you

Intolerance for Unsafe Workplaces
Edward Wytkind, President of the Transportation Trades Department, AFL-CIO

Occupational exposure is OSHA’s focus for this year’s Workers’ Memorial Day

5 “Easy” Ways to Improve Temp Worker Safety
Alliance for the American Temporary Workforce

#WorkersMemorialDay

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BP disaster: 10 years and 58 refinery deaths later…

Tuesday, March 24th, 2015

A decade after the BP Texas City explosion that killed 15 and injured 180, U.S. refineries are nearly as deadly as ever, according to Blood Lessons, an investigative journalism report by Houston Chronicle and Texas Tribune that looks at the aftermath of the tragedy at the facility itself and the industry at large. The report shows that serious risks remain unaddressed; survivors of the terrible event are distressed that even seemingly simple lessons haven’t been learned, such as locating flimsy break tents close to the refineries. The fatalities a decade ago largely occurred in just such temporary shelters.
In fact, it would appear that refineries are not a lot safer than they were then:

“No single refinery accident has matched Texas City’s devastation, but at least 58 people have died at American refineries since the BP blast, according to data compiled from Occupational Safety and Health Administration records, news accounts, lawsuits and union reports. There were at least 64 deaths in the 10 years before the accident.

The Department of Energy has tracked almost 350 fires at refineries in the past eight years – nearly one every week. There are about 140 refineries across the United States. Members of the United Steelworkers union like Ambrose have been out on strike, protesting at 15 locations. They’re worried, among other things, about safety, claiming that old refineries are routinely pushed far beyond safe operating limits, that fires occur too frequently and that trailers and tents remain in harm’s way.”

While OSHA stepped up inspections through a nationwide refinery emphasis program, it discontinued the highly labor-intensive program and lacks staff to enforce existing rules.

For other chapters in the report see:
Anatomy of a Disaster, which includes an animated video of what caused the BP explosion.
Survivors Remember, interviews and videos with survivors.
A deadly industry – Assembled data shows how and where refinery workers continue to die.

In other remembrances, Chemical Safety Board (CSB) Chairperson Rafael Moure-Eraso addresses the 10th Anniversary of the BP disaster in a brief video:

He faults organizational and safety deficiencies at all levels of BP for the disaster, citing
a weak safety culture, a deficient process safety management program, and obsolete equipment. These problems have continued in the refinery industry in decade since. He cites two large incidents, one being the 2010 Tesoro blast that killed 7 workers in Anacortes, Washington.

The CSB notes that current federal and state regulations are not strong enough on preventive measures and say that more regulatory oversight is required to strengthen prevention.
Related: The extended CSB report on the BP investigation, issued about one year after the tragedy.

How Americans die on the job

Friday, September 19th, 2014

in her post How Americans die on the job, in 5 charts, Danielle Kurtzleben of Vox media analyzes and summarizes data from the Labor’ Department’s most recent preliminary Census of Fatal Occupational Injuries, 2013 The charts offer a quick look at of some of the most deadly jobs, activities and demographics.
The good news is that fatalities continue trending down, as can be seen in the chart below. In 2013, 4,405 fatal work injuries were recorded in the United States, lower than the 4,628 recorded work fatalities in 2012. The numbers could adjust – final 2013 data isn’t released until the late spring of 2015. The Bureau of Labor Statistics says that, “Over the last 5 years, net increases to the preliminary count have averaged 165 cases, ranging from a low of 84 in 2011 to a high of 245 in 2012.”
work-fatalities.png

Oh God, for one more breath

Wednesday, May 21st, 2014

The excellent site Letters of Note publishes a fascinating collection of historical letters, postcards, telegrams and memos — a great site for browsing. On a recent visit, we came upon a heartfelt letter from miner Jacob Vowell, his last communication before suffocating in the Fraterville Coal Mine in Tennessee. The letter was to Sarah Ellen, his beloved wife and mother to their 6 children, one of whom, 14-year-old Elbert, was by his side in the mine. The 1902 disaster killed most of the 216 miners who were working when an explosion occurred. (Source of the photo and more about the Fraterville disaster).
jacob-vowell-letter
This letter seems particularly poignant in light of the recent terrible mining tragedy in Soma, Turkey that has claimed more than 300 lives.
Ken Ward Jr. of Coal Tattoo points us to a four-year old report that warned of the life-threatening risks in the Soma mines. Accounts from survivors also give testimony to a lax safety record and climate of fear. And as if the tragedy weren’t terrible enough, Prime Minister Erdogan’s handling of the event and the governmental response to grieving families seems like something out of a Dickensian novel. More recently, several arrests have been made.
In the “people who live in glass houses” department, Ken Ward asks why we can’t do better right here in the U.S. in his post, Why is it OK for mine operators to break the law? Last week, Eric Legg and Gary Hensley were killed at Patriot Coal’s Brody Mine No. 1. NPR investigations revealed that this mine consistently violated federal mine safety laws, but federal regulators say they were powerless to shut it down.

Despite the threat to miners, federal regulators say they do not have the authority to simply close the mine.

“MSHA failed to use an even tougher tool at the Brody mine. The agency has the authority to seek a federal court injunction that would place a mine under the supervision of a federal judge. The judge could then order the closure of the mine if its owner failed to fix chronic safety problems.

But in the 40 years it has had this authority, MSHA has used it only once — in 2010 against Massey Energy’s Freedom Mine No. 1 in Kentucky. Massey then closed the mine.”

On this topic, it’s also worth reading Alan Neuhauser’s article In US News & World Report, Experts: Coal Mining Deaths Preventable. Here’s a key excerpt:

“We have not come up with any new ways to kill coal miners,” says Celeste Monforton, a mine safety researcher and advocate who worked at the Mine Safety and Health Administration. “These are things that we’ve known for a long time and we know how to prevent them.”

Instead, for the fifth straight year, the coal mining industry is once again well on its way to recording more than 20 workers’ deaths this year.

“Very few accidents are act of God,” says Mary Poulton, head of the Department of Mining and Geological Engineering at the University of Arizona. “Almost all of them are something we should have been monitoring or controlling or dealing with. When these things happen, it’s a tragedy because our systems failed.”

OSHA: No More Falling Workers

Tuesday, February 25th, 2014

In May 2012, we posted about the excellent Frontline – Pro Publica documentary report on on cell tower worker deaths: The high price for fast phones: Cell tower deaths. Since that time, the issue has gotten worse, not better. In 2013, there were 13 cell tower-related fatalities. In the first two months of 2014, there have already been 4 fatalities related to cell towers.
In response to these deaths, The U.S. Department of Labor’s Occupational Safety and Health Administration is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands their responsibility to protect workers performing this high-hazard work. Assistant Secretary of Labor for Occupational Safety and Health David Michaels has issued a warning letter to Communication Tower Industry Employers reiterating these responsibilities.
In addition, OSHA has launched resources to focus on protecting cell tower employees in its No More Falling Workers initiative. It has created a new Web page – Communication Towers – targeting the issues surrounding communication tower work.
Education is great in as far as it goes, which isn’t all that far. The problems that plague the industry and the related deaths revolve around the unrelenting deadlines to complete towers to meet demand and the complex network of contractors and subcontractors that allow the tower owner to shrug off responsibility for any deaths.
Travis Crum of the Charleson Gazette echoes the problems found in the Frontline-Pro Publica report in his reporting about three West Virgina tower-related fatalities earlier this month: Company that owns collapsed Clarksburg cell towers had fatalities before

“These incidents seem likely to continue as cell companies push contractors and their employees to meet rising demand for 4G and 4GLTE data networks, said Randy Gray, a former OSHA inspector from Kentucky.”

“Gray said cellphone companies are racing to replace older 3G networks with 4G, or fourth-generation, networks. This rapid expansion places cell tower climbers at risk, Gray said, who now does private consulting on accidents and fatalities at cell tower sites.”

He also explains why it’s so difficult to hold the cell tower owners/networks responsible:

To make matters worse, Gray said, it’s difficult for OSHA to hold companies such as SBA responsible, because there’s a web of contractors and sub-contractors who often shield them from scrutiny.

OSHA investigators must prove several elements before citing a company, Gray said, one of them being knowledge of potential hazards.

“With the owner of the cell tower not being present at the time of the fatality, it’s hard to prove they had knowledge about what the employees were signing off on,” he said. “So these companies start layering themselves between the people who work on the ground, and this layering, in my opinion, protects them from possibly being cited by OSHA or being involved in OSHA inspections.”

So while it’s great that OSHA is warning employers and putting an emphasis on tower worker safety, it will serious accountability to drive the change.
Related:
Wireless Estimator tracks U.S. tower-related fatalities
13 Cell Tower Maintenance Workers Died on the Job in 2013
Cell tower worker fatalities continue: More than a dozen deaths since 2012
OSHA Urges Tower Employers to Protect Workers After Recent Spate of Fatalities
Cell Tower Deaths Get OSHA’s Attention
West Virginia Firefighter Killed in Secondary Collapse at Cell Phone Tower Rescue, Two Workers Also Dead

What’s odd about this picture?

Tuesday, August 13th, 2013

Delaine Davis has been sentenced to 4 to 6 years in Wyoming Women’s Center jail. Her crime was workers’ compensation fraud of $11,072. She knowingly collected workers comp benefits while being gainfully employed in another job. In addition to her jail term, she was ordered by Judge Marvin L. Tyler to pay $11,072 in restitution to the State of Wyoming.

Is it just us, or does that penalty seem a little harsh? Perhaps there are some extenuating circumstances that contributed to the sentence that weren’t revealed in news reports. Certainly, we would agree that fraud is bad and should be punished – we have no argument with that. Apparently, Ms. Davis willfully violated the law. She should indeed be required to pay restitution and suffer some punishment for her crime — but 4 to 6 years seems pretty steep to us — particularly in contrast to the “up to 6 month” jail penalty for a willful violation resulting in a worker fatality under OSHA’s general duty clause:

(e) Any employer who willfully violates any standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act, and that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than $20,000 or by imprisonment for not more than one year, or by both.

In looking further into the data, we turned up this SHRM article: Report Finds OSHA Resources Lacking, Penalties Weak, which notes that:

“The median penalty for a fatality investigation conducted in FY 2012 was $5,175 for federal OSHA, and the median current penalty for the state OSHA plans combined was $4,200, according to OSHA enforcement data.

Criminal enforcement under the OSH Act has been and remains exceedingly rare, the report said.

Only 84 cases have been prosecuted since 1970, with defendants serving a total of 89 months in prison. During this time there were more than 390,000 workplace fatalities, according to Labor Department data. In FY 2012 13 cases were referred for possible criminal prosecution.”

Fraud is serious business and we all pay the price. Wyoming has chosen to wield a pretty big stick in doling out punishment, noting that “Workers’ compensation is intended to help workers injured on the job, We won’t stand for people who defraud and abuse this important program.” OK. But when it comes to protecting workers and keeping them safe, the state takes less of a hard line and more of a courtesy approach to safety, generally favoring carrots over penalties. This hasn’t produced great results: While there have been some small improvements of late, Wyoming has a pretty ignominious record when it comes to worker fatalities. Except for the most recent year, Wyoming has consistently ranked as the worst or the next-to-the-worst state for worker fatalities over the past decade.

“He was the greatest roofer I knew and look what happened”

Tuesday, August 6th, 2013

This powerful “digital story” about falls through skylights from the California Fatality Assessment and Control Evaluation (FACE) would be an excellent training video for construction workers, builders, and anyone who works on roofs.

According to FACE: “More construction workers die from falls than from any other on-the-job injury. Fatal falls and serious injuries may result from inadequate guarding and fall protection for work around skylights. This video explains the events that led to a roofing supervisor’s death after he fell 30 feet through a warehouse roof skylight onto a floor. Photographs from the fatality investigation are supplemented with scenes recreated by co-workers who were there that day. Fall prevention recommendations are highlighted. Roofing and construction companies are encouraged to include this video as part of a comprehensive safety training program.”
The video was produced by the California Fatality Assessment and Control Evaluation (FACE) program in the Occupational Health Branch of the California Department of Public Health.
Related:
OSHA: Preventing Worker Deaths and Injuries from Falls Through Skylights and Roof Openings
Fall Protection: Traps that Workers Can’t Avoid
OSHA Safety Videos for Construction