2 local ironworkers killed in NYC construction site fall

NEW YORK — Two mid-Hudson Valley ironworkers died after they fell 65 feet from a fifth floor through an open elevator shaft at a church construction site where they were installing steel, authorities said.

Brett McEnroe, 49, of Dover Plains, and Roy Powell, 51, of New Paltz, were working on a planned expansion of the Redeemer Presbyterian Church on Manhattan's Upper West Side Tuesday morning as members of a four-person crew, authorities said.

McEnroe, a married father of two, died at Roosevelt Hospital. Powell, who was married and had a son, died at St. Luke's Hospital, according to a report in the New York Daily News.

Powell was a member of Ironworkers Local 40 in Manhattan; McEnroe was a member of Local 417 in Newburgh, according to Bob Walsh, business manager for Local 40.

The city's buildings commissioner, Robert LiMandri, said it appeared the workers did not have proper fall protection, including harnesses, safety netting or a support platform. The church expansion began in 2009, with no mishaps reported until now.

He called the deaths "a tragic reminder" of the need to observe safety measures in the construction industry, and said the city would be investigating why the men were not equipped properly.

The commissioner issued a stop-work order for the building on West 83rd Street.

The workers were pronounced dead at hospitals after a 911 call at about 10:30 a.m.

Redeemer Presbyterian Church did not immediately respond to an Associated Press request for comment.

Four construction workers fell to their deaths in New York City last year.

40 killed in fireworks accidents in China

By K J M Varma

Beijing, Feb 9 (PTI) At least 40 people have been killed in fireworks accidents during the Lunar New Year celebrations in China, which witnessed over 1.18 lakh cases of blaze.
As Chinese revellers celebrated the Lunar New Year from February 2 to February 8 with massive display of fireworks, the number of cases of fire jumped to 1.18 lakh from 7,480 during last year''s Spring Festival holidays which had caused losses worth 28.5 million yuan (USD 4.4 million), the official media reported today.

The incidents left 40 people dead, 37 injured and caused damage worth over 56 million yuan (USD 8.5 million), which is almost double of the figure last year.

However, these losses did not include a case in northeastern Liaoning Province where a five-star hotel in the city of Shenyang had been completely gutted due to a massive fire triggered by fireworks on February 3, Xinhua news agency said.

The hotel fire, which caused no casualties, is possibly the country''s biggest fireworks accident during this year''s celebrations.

According to an official statement, some 2.6 lakh police and fire fighters across the country were mobilised for 24,800 fire control missions.

They rescued more than 1,600 people and evacuated tens of thousands.

Fire departments have been monitoring high-rise buildings, shopping malls, markets, construction sites and other crowded or vulnerable locations, the statement said.

Also, a total of 173 companies were suspended from operating for failing to meet fire prevention and control standards.

1 killed in Pa. natural gas explosion; 5 missing

ALLENTOWN, Pa. – A natural gas explosion rocked a downtown neighborhood overnight, leveling two houses and spawning fires that burned for hours through an entire row of neighboring homes. One person was killed, and at least five others were unaccounted for Thursday.
The victim was found in a two-story row house in a downtown residential neighborhood that blew up about 10:45 p.m. Wednesday, police Chief Roger MacClean said. A couple in their 70s lived in the home, but the condition of the body prevented positive identification, fire Chief Robert Scheirer said.
The cause of the explosion was unclear. The blaze was put out early Thursday, delayed by the difficulty of digging through packed layers of snow and ice to a ruptured underground gas line that was feeding the flames, Scheirer said. About 500 to 600 people who were evacuated were allowed to return home.
Scheirer predicted eight houses would be lost and another 16 damaged.
The blast was so powerful that it sent a flat-screen computer monitor sailing into the back of Antonio Arroyo, whose house was on the opposite end of the row from the explosion.
"I thought we were under attack," he recalled from a shelter where some 250 people took refuge in the hours after the blast.
Arroyo and his wife, Jill, both 43, lost their home in the fire.
Antonio said he ran outside and saw that an entire house had been leveled, a fireball now raging in the spot where it once stood.

"What I saw, I couldn't believe," said Arroyo, a community volunteer.
He and his wife, a nurse, fled their home with only the clothes on their back. They planned to return at daylight to see what they could salvage. Jill Arroyo broke down sobbing when she recalled her son's athletic memorabilia — likely lost in the blaze — including DVDs of his high school football games.
"The DVDs are gone. All his trophies are gone. All gone," she sobbed as her husband comforted her.
Tricia Aleski, who lives a few blocks away, said the explosion jangled her nerves.
"I was reading a book in the living room and it felt like a giant kicked the house. It all shook. Everything shook," she said. "I checked the stove and everything, (to) make sure everything's off."
Jason Soke was watching college basketball when he heard and felt the explosion. It rattled his windows. He went to the third floor and looked out and saw flames and smoke.
"Your senses kind of get stunned," he said. "It puts you on edge."

Some significant natural gas explosions in Allentown:

February 2007: Explosion and fire gut 1534 and 1536 Hottle Ave. in Bethlehem and render 1532 Hottle uninhabitable. At least nine people displaced. None injured.

December 2006: A natural gas explosion levels three homes and badly damages another on Mohawk Street in Allentown. No one was killed or seriously injured. A technician working on a gas meter in one of the homes removed the wrong fitting, allowing gas to escape unchecked.

December 2006: An explosion destroys an apartment building at 519 10th Ave. in Bethlehem. No one was hurt in the blast, believed to be caused by a gas leak.
August 1999: Blast destroys coin-operated laundry on Gordon Street, slightly injuring an employee.

February 1995: Explosion severely damages Auto Tune Center on Tilghman Street. None injured.

June 1994: Explosion and fire at Gross Towers high-rise for senior citizens kills William Kray, 73, injures 82 others and causes $1 million in damage.

January 1994: Explosion at home on Wyoming Street kills Charles DeBerardinis, 74.

August 1990: Early morning blast at a home on N. 5th Street kills Diane Lazer, 44, injures seven others and destroys three homes.

August 1976:Two Allentown firefighters killed and a third injured in two explosions on Oak Street.

No OSHA citation in fatal bear-mauling - Sam’s World Animal Studio

OSHA won’t cite the owner of a bear that killed another man at his wild animal compound last year.

Reason: Investigators weren’t able to determine if the man who was killed was an employee of the bear’s owner.

On Aug. 19, 2010, Brent Kandra was feeding Iroquois, a 400 lb. bear at Sam Mazzola’s compound in Columbia Township, OH. The bear attacked Kandra, who died in a hospital about six hours later from sharp and blunt force trauma to his body.

Mazzola admits that at one time, Kandra was his employee, but that on Aug. 19 Kandra was visiting him and his animals as just a friend.

Iroquois was euthanized at the request of Kendra’s family.

OSHA says there were problems on Mazzola’s property despite the fact that it didn’t issue any citations.

A letter OSHA sent to Mazzola stated, “Direct or free contact with dangerous animals, such as bears, is a recognized hazard that is likely to cause death or serious physical harm to employees and others.”

OSHA recommended Mazzola prohibit free contact with dangerous and exotic animals and instead use holding areas when caregivers feed the animals, clean their cages or perform other activities within the animals’ living quarters.

Mazzola reportedly owns tigers, a lion, black bears, wolves, skunks, raccoons and foxes.

Local prosecutors are still investigating.

In Ohio, one is allowed to keep wild animals in their back yard. Very few people actually do, and Sam Mazzola is one who does. It's obvious Mazzola does where neighbors hear the howls and growls all day and night. However, questions arise as to whether Sam should? “I wrestle bears and tigers for a living, I’m not going to be afraid of a human.” Sam was also convicted with illegally carrying a firearm in 1997. He was spared by the judge who ordered him to seek counseling for his ‘anger’ issues. In 1990, Sam Mazzola went to prison for trafficking in cocaine and steroids according to court records. After a tussle with North Royalton police where one of his bears did over $1,000 in damage to a police cruiser, Sam moved his operation to a seventeen acre lot in Columbia Township which he shared with eight bears, assorted tigers and other exotic animals who live in and around a large barn and in cages. Mazzola’s notoriety goes back to 1986 when he kept his show bear ‘Caesar’, a seven hundred pound animal at the Creekside Condominiums in Brunswick Hills, Ohio.
Sam Mazzola made his money putting on exhibitions at flea markets, sportsman fairs and bars where he allowed people to wrestle his bears offering $1,000 for anyone who could pin one of his beasts via his World Animal Studios. There have been at least 27 known incidents where his bears have hurt individuals. He also ran two notorious “Animal Zone" pet shops in malls in North Olmsted and Elyria, Ohio.
After numerous complaints about selling sick and malnourished animals, management at Midway Mall in Elyria refused to renew his lease. A little while later, Great Northern Mall in North Olmsted refused to renew his lease there as well. Sam has been attempting to sell his Midway Mall operation on the internet. The Parma native says he got his love of animals from his mother. The problem with Sam Mazzola is while he loves his animals, he lacks the financial resources to care for them.
The USDA among his other critics say Sam should not be in business, whether selling pets nor exhibiting them. In a meeting between Sam Mazzola and Jed Mignano, Chief Humane Investigator with the Cleveland Animal Protective League, Mignano contends Sam was very angry and made several threats aimed at the inspector.
Perhaps the most stinging case against Sam Mazzola is the death of one of his ’caretakers’ recently at the paws of an enraged caged bear in Sam’s barn on Aug. 19. Twenty-four year-old Brent Kandra was mauled to death by one of Sam’s bears while he was attempting to feed it. According to Sam, “The food was already there. I mean the bear wasn’t even interested. He was interested in ‘playing’ with Brent. And when it was time for him (Brent) to leave, the bear didn’t want him to go and just grabbed him. This was his (Brent’s) choice.” In the autopsy report issued by the Cuyahoga County Coroners Office reported Brent died from “numerous sharp wounds and blunt injuries”, indicating those that could be received from an attack by a bear. According to Brent’s father, John Kandra, he had urged his son many times to quit working for Sam Mazzola, saying, “I really wish you wouldn’t work for him.” According to John, Brent felt ’shortchanged’ by Mazzola on paydays. Brent’s mother, Deirdre Herbert, and his father requested the bear be put to death - it now lays under a pile of dirt on Mazzola’s property. Brent had worked for Mazzola for six years.
Even with the death of Brent Kandra, Sam Mazzola plans no changes on his compound concerning safety, saying the mauling was an accident that could have happened to any of them. In a news video, Sam along with his caretakers could be seen playing with one of his bears. Mazzola exhibited little sorrow over the loss of Brent Kandra as he gave an interview with the press. Saying he would leave it up to the Kandra’s whether the bear should go on living or be euthanized. Sam says his methods are “up to code and up to specs.” In the interview with the press, he seemed detached from the reality of the situation.
Meanwhile neighbors are not pleased with Sam Mazzola’s animal menagerie on his Columbia Station property. With the howling of wolves and growls from the bears, Sam is thought of as the neighbor from hell. According to neighbor Tom Burrington, Sam’s animal farm is a pain in the neck, saying, “There are coyotes hollering at night, lions roaring at night, junkyard dogs barking all day.” According to Columbia Township trustee, Dale Rundle, one of the bears did indeed get away and ended up pinning a neighbor to the ground. When asked if the township was able to find ways to shut down Sam’s private zoo, the trustee said they had looked into it, and found there was nothing they could do. Mazzola does have up to date state permits and Ohio has no safety, cage or care requirements on private property. Sam’s lion and tigers do not require a permit under current Ohio law. Neighbor Margaret Dodge is hoping things will change and Mazzola will be required to get rid of the animals before something else happens - it was her husband who found himself pinned for twenty minutes by the wayward bear that got away from Mazzola. As it is, her husband had to be taken to the hospital because of the incident. She goes further to say, “have you ever listened to thirty wolves when one of them starts howling and the others join in? You grind your teeth and your hair falls out - he’s the neighbor from hell!” Neighbors around Mazzola’s property fear for the lives of their children if more of Sam’s animals make an escape. Columbia Township is surrounded by the more populous Greater Cleveland suburbs like Berea, Columbia Station, Olmsted Falls, Olmsted Township, Strongsville and Valley City. Mazolla’s property at 9978 North Marks Road is surrounded by suburban homes - and there are indeed some very deadly dangers whenever his animals escape.
PETA (People For The Ethical Treatment Of Animals) has its eye on Sam Mazolla and his pets. The group feels Sam Mazolla has “left injured people and property damage in it’s wake.” PETA hopes Ohio revamps its laws and brings to an end the allowance of predator animals to roam the back yards of wild animal enthusiasts which if escaped presents a very real danger to people and property in the area. Even responsible private wild animal owners are in arms over Sam Mazzola’s operation because it casts a very bad shadow over them as well. This is not saying that everyone is displeased with Sam’s backyard animal collection. Jim Burnette who owns Burnette’s Farm & Educational Center in Olmsted Falls says Mazolla cried for three days when his dog Brandy died, further saying “His operation is clean. I know, because I’ve been there“. Steve Pistone, another business owner in Columbia Township believes Sam operates a legitimate and educational business, “You get to see wild animals up close - he loves those animals!”
Maybe Sam loves them, but according to patrons who viewed his World Animal Studio animal act at the IX Center during one of his exhibitions say he’s not afraid to whack them with baseball bats in getting them to perform. Sam at times is not sure of how to control his animals either, as witnessed by his panic-stricken call to 911 will attest when he watched Brent Kandra being mauled to death by the black bear he was trying to feed;
Sam Mazzola: “Get him to the cage”
911 Dispatch: “What do you need - police, fire or ambulance?”
Sam Mazzola: “Ambulance”
911 Dispatch: “What’s going on there, sir?”
Sam Mazzola: “I had someone get bit.”
911 Dispatch: “By what?”
Sam Mazzola: “By an animal!”
911 Dispatch: “What kind of animal?”
Sam Mazzola: “We have exotic animals here. Man, I need someone here right f..king now man! I need somebody here from Strongsville. I need somebody here”
911 Dispatch: “Where are his bites on his body?”
Sam Mazzola: On his arms and I think he’s got a collapsed lung. That‘s my fear.”
Sam Mazzola was understandably panicked. He had used a fire extinguisher to finally get the bear back in his cage.
However, it looks like Sam’s World Animal Studio is about to close - possibly even before Ohio laws on ownership of wild animals are in the process of change. Sam had filed for bankruptcy in March of this year and sheriffs deputies are now regularly seen outside his property. With his financial problems, Mazzola may soon be unable to pay his help - no matter how little their pay is. Since the caretakers may be part time, Sam most likely has not offered any health nor life insurance benefits for his ragtag workers - and I’m sure those workers are considering that the time has arrived to consider leaving the employ of World Animal Studio - Brent Kandra himself was in the very act of getting ready to call it quits with World Animal Studio when he accepted a sales position selling cell phones and accessories at Southpark Mall in Strongsville.
The nail in the coffin for Sam Mazzola’s World Animal Studio may be coming very soon. The president of the Humane Society of the United States, Wayne Pacelle, has asked Ohio Governor Ted Strickland to issue an executive order to ban private ownership of dangerous animals. The new law will grandfather in those who currently own wild animals with one major exception - and that is to shut down Sam Mazzola immediately when the emergency order is signed. According to the Ohio Joint Committee on Agency Rule Review, Spokesperson Amada Wurth says the committee has the power to change the rules, indicating that the emergency measure could be enacted by the end of the year. Mazzola had previously lost his USDA license to exhibit his bears and other wild animals due to Federal violations. However for Brent Kandra, the closing down of Sam Mazzola’s animal compound will come a little too late.
EVICTION
Sam Mazzola has been given his walking papers - the new owner has given him until September 27th to remove his animals, or they will be removed for him. William Arroyo was the successful bidder on Sam Mazzola’s property back in March of this year and agreed to allow Sam to continue to occupy the property. One of the contingencies was Sam was to carry adequate insurance for his wild animals. Sam told the new owner that he indeed did have the proper insurance, but it was discovered that Mazzola did not carry the insurance that he promised. According to Arroyo’s lawyer, Brian Kraig, it’s doubtful whether Sam will be able to get insurance now, nor will he be able to pay the three months back rent that is due his client.
Meanwhile there will be a Columbia Township trusties meeting held on September 7th to ask that Sam’s animal operation be shut down. According to Brian Kraig, if the eight black bears, twelve wolves, two Bengal tigers, two white tigers, a lion and six dogs are not removed by then, the authorities along with animal handlers from zoo’s and other animal groups will move in immediately to remove the animals for him. According to the lawyer, every attempt will be made to place the animals in a zoo or other appropriate avenues.
OSHA (Occupational Safety & Health Administration) is also moving in on Sam Mazzola. Jule Hovi, area director for OSHA, based in Toledo says they have begun investigations into Sam’s operation and are focusing on issues of health and safety violations. Sam Mazzola could face further citations and penalties from OSHA. Lorain County Sheriff’s Office are also investigating Sam Mazzola. The Ohio Bureau of Workers’ Compensation is after Mazzola saying he let his BWC coverage lapse back in September 2005. If found that Sam Mazzola had been paying his employee’s “under the table”, he will be facing criminal charges. BWC said they would most likely pay for Brent Kendra’s medical and funeral costs, however, they will be going after Mazzola for reimbursement. As it is, Sam Mazzola owes Midway Mall $15,700 for unpaid rent and legal costs. As of May, Sam Mazzola is carrying over $340,000 in debt - and that figure continues to rise.

North Central Power Co. Inc. Cited in Worker's Fatal Electrocution

Northwestern Wisconsin Elec Co faces fines of $199,800 as a result of the investigation, which meets the requirements of OSHA's Severe Violator Enforcement Program.

OSHA has cited North Central Power Co. Inc. of Radisson, Wis., following an investigation into the death of a lineman who was electrocuted while working to repair a 7,200-volt power line on Aug. 8, 2010, near Winter, Wis. The company has been issued citations for willful and serious safety violations.

"North Central Power has jeopardized the health and safety of its workers by failing to take proper safety precautions, such as requiring the use of personal protective gear and de-energizing power lines," said Mark Hysell, OSHA's area director in Eau Claire, Wis. "Employers are responsible for knowing what hazards exist in their workplaces and ensuring that workers are not exposed to risks that could result in injury or death."

Four willful violations have been issued to North Central Power Co. Inc., an electrical power generation, transmission, and distribution company, for failing to ensure employees were protected from energized parts by wearing insulated gloves and sleeves, de-energize power lines, test lines and equipment, and install protective grounds on lines and equipment. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

The company also has been issued two serious citations for allowing employees to operate chainsaws without leg and foot protection and failing to conduct jobsite safety briefings. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

North Central Power Co. Inc. faces fines of $199,800 as a result of the investigation, which meets the requirements of OSHA's Severe Violator Enforcement Program. Initiated in the spring of 2010, SVEP is intended to focus on recalcitrant employers who endanger workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, go to http://www.osha.gov/dep/svep-directive.pdf.*

North Central Power operates and maintains approximately 550 miles of power lines in north central Wisconsin. The company is part of a three-way corporate structure along with Northwestern Wisconsin Electrical Co. and Dahlberg Light and Power Co. The three companies employ approximately 105 workers.

Texas chemical plant ablaze - Enterprise Products

Fire follows explosion; 3 workers unaccounted for...

MONT BELVIEU, Texas — An explosion and fire ripped through a Houston-area chemical plant, leaving thee people unaccounted for Tuesday afternoon, officials said.
Explosions were heard about 12:15 p.m. at Enterprise Products on Sun Oil Road in Mont Belvieu, about 35 miles east of Houston, NBC station KPRC reported.
Bright orange flames consumed a large part of the plant that produces octane-boosting gasoline additives. Thick black smoke filled the air as TV images showed flame-engulfed vehicles parked adjacent to the plant.
Mont Belvieu Mayor Nick Dixon told msnbc cable TV that flames could be seen for 7 miles.
Three people were unaccounted for at the plant, where 600 to 700 work, Dixon said.
The flames were not near homes, he said.
No evacuations or shelters were ordered, KPRC said.
Nearby streets were closed.

Houston-based Enterprise is one of the country's largest shippers and processors of natural gas in, including 49,100 miles of onshore and offshore pipelines.

Developing story, details to follow

Federal investigation of fatal accident at B&B Lumber in DeWitt likely to take months

DeWitt, NY – The Occupational Safety and Health Administration’s review of a fatal accident Monday at a DeWitt lumber company will take several months to complete, the federal agency’s Syracuse area director said today.

Thomas O. Pelton, 35, of Camden, died Monday while he was changing blades on a machine at B&B Lumber Co., 4800 Solvay Road, DeWitt. A co-worker started the machine without realizing it. He was unable to turn it off before Pelton was fatally injured, DeWitt police said.

OSHA’s review of the accident began Monday and could take up to six months to complete, Area Director Christopher Adams said. The examination will be painstaking because the accident resulted in a death, he said.
“We’re going to review the scene,” Adams said. “We’re going to conduct witness statements, we’re going take photos and review machineries and try to get an understanding of exactly what happened.”

The agency then will examine whether any OSHA standards are in place that could have prevented the accident. If officials believe they have sufficient evidence they can issue citations, Adams said.
Adams said the ongoing investigation prevented him from discussing details of the accident.

Crane topples at JaxPort, killing worker

By Jeff Brumley

A portable industrial crane brought in to dismantle a shipping crane at Talleyrand Marine Terminal collapsed around noon Saturday, killing one worker, police said.

The Jacksonville Sheriff's Office identified the man killed as crane operator Anthony F. Roberts.

Police said pieces of the retired crane Roberts was removing for scrap toppled and crashed onto the cab of the crane he was operating.

Police released no further information about Roberts.

Jaxport spokeswoman Nancy Rubin said she didn't know any information about the victim, except that he was not an employee of the port. Police say Roberts died at the scene.

The port had sold an old container crane to another company, which in turn hired a contractor to use a mobile crane to dismantle the aging piece of equipment located on the docks near the port's main entrance on Talleyrand Avenue, Rubin said.

Rubin didn't know the name of the company that purchased the crane or that of the contractor. She also didn't know any of the dimensions of either crane. The Occupational Safety and Health Administration is investigating the incident.

OSHA issues fines in Fatal Pennsylvania Zinc Plant blast

It is reported that federal regulators have issued USD 45,000 in fines to a Pittsburgh area zinc processing plant where an explosion killed two workers in July.

The Occupational Safety and Health Administration on Wednesday handed down fines against Horsehead Corp. stemming from the July 22 explosion at its plant in Potter Township, Beaver County. The explosion killed 53 year old James Taylor of Aliquippa and 41 year old Mr Corey Keller of Newell West Virginia.

Ms Leni Uddyback Fortson OSHA spokeswoman said Horsehead was fined a maximum of USD 7,000 for five of ten violations deemed serious.

A statement from the company says Horsehead has cooperated with federal investigators and employees in a safety review.

Horsehead has 15 days to pay the fines, appeal or ask for a meeting with OSHA officials. The company said it is still reviewing the document.

(Sourced from www.claimsjournal.com)

CAL-OSHA: Plea deal made in death of pregnant farmworker

By Garance Burke
The Associated Press - The Associated Press

FRESNO — Two company officials charged in the death of a pregnant teenager who collapsed of heat stroke after working in a sweltering Farmington vineyard have agreed to a plea deal that likely will spare them a trial appearance and a lengthy jail sentence.
Maria De Los Angeles Colunga and Elias Armenta of Atwater-based Merced Farm Labor originally were charged with involuntary manslaughter in the death of Maria Isabel Vasquez Jimenez, 17. She fainted in her fiancé's arms after hours of work pruning wine grapes in 2008.
Their lawyer and prosecutors said Thursday they had reached an agreement for the pair to plea to lesser charges in early March, when the case is next set to go before San Joaquin County Superior Court Judge Michael Garrigan.

"There will be some guilty pleas, but the consequences will be bearable," defense attorney Randy Thomas said. "Enough time has elapsed and everyone needs to move along with their lives. My clients are very, very nice people and very remorseful."
Farmworkers and their advocates have cited Vas- quez Jimenez's death as they repeatedly have called for stricter enforcement of state regulations that require farms and contractors to give workers water and breaks, have shade available and have an emergency plan in place to help those suffering from heat exhaustion.
"I'm alarmed at the decision," Arturo Rodriguez, president of the United Farm Workers, said about the plea deal. "We feel strongly that these folks should go to jail and nothing short of that will satisfy us."
The rules enacted on an emergency basis in 2005 were intended to protect the hundreds of thousands of seasonal workers who pick and sort much of the nation's plums, peaches and other crops in the height of summer. California workplace safety officials voted last year to modify the rules in an attempt to strengthen and clarify protections for people who work outside.
Vasquez Jimenez's death brought on-farm working conditions in California — the first state to implement a heat-illness standard — to the political forefront.
Deputy District Attorney Lester Fleming agreed Thursday that the two sides had reached a deal, but described it differently.
Colunga is set to plead no contest to a misdemeanor count of failing to provide the teen with access to shade, he said.
Armenta, Colunga's brother and Merced Farm Labor's former safety coordinator, plans to plead no contest to a felony charge of failing to follow a safety regulation that resulted in a worker's death, which would have a maximum sentence of 60 days in jail, Fleming said.
"While they were intellectually aware of the dangers, I don't think anyone was taking the heat regulations very seriously because they were only implemented in 2005," Fleming said. "I think this is the best resolution we could hope for."
Raul Martinez, the former foreman and a third defendant, has failed to appear in court.
Merced Farm Labor was fined more than $262,000 and the state subsequently shut down the contractor, accusing its principals of failing to train employees for heat-related emergencies.
The company appealed, and the proceeding has been on hold until the criminal case concluded, said Dean Fryer, a spokesman for the California Division of Occupational Safety and Health.

FL DOT awards $2.19 million contract to repair bridge damaged Friday in fatal tanker crash.

Eastbound Beachline Reopens After Tanker Explosion @ Yahoo! Video

Construction to repair a BeachLine Expressway overpass damaged by a deadly tanker fire will cause headaches for motorists traveling between the Space Coast and downtown Orlando for nearly a month, officials said.

The Florida Department of Transportation awarded a construction contract todayto repair the bridge at North Courtenay Parkway in Merritt Island in 25 days.

FDOT spokesman Steve Olson said that Lane Construction beat two other bidders to win a $2.19 million contract for replacing both spans of an overpass along the BeachLine. The company pledged to have the thoroughfare ready for traffic in less than a month.

Construction began today on the charred roadway, where two drivers were killed Friday afternoon in an explosive crash involving a gas tanker and a pickup. Crews working on the round-the-clock project have to demolish and rebuild two support beams that were damaged, said FDOT engineer Frank O'Dea.

2 companies fined over deaths OSHA accuses

Two northwest Ohio companies have been fined by the U.S. Occupational Safety and Health Administration for alleged safety violations that may have contributed to employee deaths. And two other area firms received fines above $50,000 for violations.

Charles Jones Produce LLC of Oak Harbor was fined $17,600 this month after one of the company's employees died in October, according to OSHA. The worker reportedly was struck and killed by a fork truck being driven by another employee. OSHA says the firm failed to ensure the truck driver's path was clear, among other violations.

Guardsmark LLC, a security services firm in Lima, was fined $18,900 last month after OSHA said it improperly modified an industrial truck used for security patrols. OSHA Area Director Jule Hovi said a death resulted from the alleged safety hazards, which took place in July, but she did not provide details of the accident.

Charles Jones Produce has scheduled a meeting for Tuesday with OSHA officials, while Guardsmark has not responded to the citation, Ms. Hovi said. Neither company could be reached for comment Friday.

Separately, Chase Brass & Copper Co. LLC in Montpelier was fined $57,600 this month for violations found in September during a routine inspection. The company allegedly did not properly protect employees from potential falls, breathing hazards, and cadmium exposure, among other citations. The company has not contacted OSHA, Ms. Hovi said.

In a statement, Chase Brass said, "We take worker health and safety very seriously and are working with OSHA to address these citations."

INEOS USA LLC, a chemical production facility in Lima, was fined $62,500 this month for reportedly failing to provide proper ventilation and exposing employees to explosion hazards, along with other alleged violations. Ms. Hovi said an inspection that took place in July stemmed from an employee complaint. The company has not contacted OSHA about the citations, she said. INEOS could not reached for comment Friday.

Family files lawsuit in worker’s trash compactor death

Did a maintenance worker willfully enter a trash compactor, or did he fall in? That’s one question involved with a lawsuit filed by the worker’s children, alleging wrongful death.

Six months ago, we told you the story of John Adams, a maintenance worker at the One Niagara building in Niagara Falls, NY.

He’d been missing since July 4, and the building’s security video finally showed Adams either entering or falling into a trash compactor. His body was never recovered.

Now his family has filed a wrongful death lawsuit against the building’s owner and several companies that may have had a hand in manufacturing the compactor.

A safety device on the compactor should have prevented Adams from entering while it was running.

A lawyer for his family maintains there was some type of issue with the safety device.

The lawsuit contends the building owners failed to ensure the compactor was working properly and had an operational safety device to prevent employees from being injured.

One Niagara President Tony Farina denies all of the allegations in the lawsuit and calls Adams death “an accident.”

Whether Adams went into the compactor voluntarily or fell in remains a point of contention.

The lawsuit doesn’t name a specific monetary amount.

OSHA is still investigating the incident.

Ohio Construction Accident: Worker killed in fall at Highland Hills-area college

By Nicole Howley

Highland Hills, OH—A construction worker fatally fell three stores at Cuyahoga Community College Eastern Campus in Highland Hills. The construction accident happened while the man was working on a building at the community college just before 9 a.m., on Monday, January 17, 2011, as reported by FOX8.

The Cuyahoga County Coroner’s office reported that construction worker Craig Macoviak, 45, of Broadview Heights, was working in a bucket lift when he suddenly fell three stories. It was not reported what caused Macoviak to fall, but he was reportedly working with a crew who were tearing down a section of an on-campus building.

Responding emergency medical crews rushed Macoviak from the scene of the accident to South Pointe Hospital for treatment. Doctors later pronounced him dead.
A construction company unaffiliated with the college employed Macoviak.
A full investigation is underway. The U.S. Occupational Safety and Health Administration (OSHA) are expected to investigate the fatal construction accident.

Family Remembers Man Killed in Freak Construction Accident

By TUQUYEN MACH

RINCON, Ga. -- The family of a man killed in a freak accident while on the job is remembering him and pledging to carry on his mission work in Haiti.

Gregg Royer was working on Hutchinson Island Friday when a pylon when fell from a Volvo excavator and struck him. The blow knocked Royer into the Savannah River and killed him. A second man, John Pugh, was seriously injured.

Royer was working to finish a church and school at the Foundling House Mission in Haiti, a charity to which his aunt Austine Smith introduced him 15 years ago. Now she is dealing with the pain of his loss as she tries to complete the projects he started to help those in need.

"He said, 'This is all I want to do the rest of my life, that's all I ask for.' For the rest of my life... and he didn't know he didn't have but 4 more days after he told me that," said Smith Monday as she sat in her Rincon home.

She said the passion Gregg had for helping the people of Haiti was the reason he took the job where he lost his life.

"Not for himself but to raise the funds to finish his church and school in Haiti," she said.

News 3 last talked to both of them March 3, 2010, as they were getting ready to go to Haiti after the earthquake.

"I don't know if you're going to be prepared for something like that, for the devastation that you'll see," he said in an interview.

Smith said the Haitian children at their clinic always flocked to Gregg.

"It was just like he was drawing those kids to him. They would take the medicine for him that they wouldn't take for anybody else," she said.

Smith described her favorite picture of Gregg -- in it he holds a baby he helped deliver after staying with the mother through six hours of labor.

She said he dreamed constantly of finishing his projects and helping the next generation of Haitians have a brighter future.

"He said, 'I'm going to teach those boys how to be good men,' and he had hopes. He had high hopes."

Smith said her nephew was planning to go back to Haiti with her in March, hopefully to put a roof on the church and build more classrooms. They plan to name the buildings after him.

The family is planning a memorial service on Saturday.

DOT worker killed by falling tree

THE ASSOCIATED PRESS

PRESTON, Wash. -- A veteran Washington State Department of Transportation worker has died after behing hit by a falling tree during a rain storm.

WSDOT Maintenance Superintendent Jim McBride says the accident occurred late Sunday night on Highway 203 just south of Carnation.

He says the worker was setting up safety cones to alert motorists to powerlines knocked down by the storm when the tree fell on his truck and killed him.

McBride says the employee was well liked and loved his job.

He calls it a "sad night" for his department.

WSDOT will release more information after his family is notified.