Redhook Brewery Employee Killed By Keg Explosion

A 20-year old employee at a New Hampshire brewery is dead after a keg exploded in his face Tuesday morning. According to ABC New Hampshire, Ben Harris was pressurizing a keg at the Redhook Brewery in Portsmouth for sanitation purposes when the aluminum barrel exploded into two pieces, striking him in his chest and head.  By the time emergency personnel arrived at the brewery Harris had a weak pulse and went into cardiac arrest shortly after. He was pronounced dead at the Portsmouth Regional Hospital around 1 PM Tuesday afternoon. Redhook President Andy Thomas released a short statement on the accident but deferred to investigators for any further comment.

Redhook Brewery in Portsmouth, NH

“We are doing everything in our power to understand the circumstances surrounding this tragic accident, and have closed down all non-essential operations at the Portsmouth brewery, including the pub, while the investigation continues.We believe it would not be appropriate to comment further until the investigation is concluded.” Thomas said in the statement.  ”Our sympathy is with his family and everyone touched by the tragedy.”

The incident is being investigated by the Portsmouth Police and Fire Departments along with officials from the Occupational Safety and Health Administration. OSHA spokesman Ted Fitzgerald outlined the agency’s participation in an e-mail to the Portsmouth Patch Tuesday.

“The purpose of OSHA’s inspection is to determine which workplace safety standards apply in this situation and whether or not the employer complied with those standards,” Fitzgerald said. “If the inspection determines there were violations, OSHA could issue citations to and propose fines for the employer.”

Brewers use pressurized hoses as part of the cleaning process to clear remaining beer from the bottom of used kegs. Assistant Chief Steven Achilles of the Portsmouth Fire Department said it appears the keg  structure “failed”while Harris was pressurizing it.  Achilles went on to state that the brewery has an excellent record of workplace safety.

“They’re great citizens,” Achilles said. “They have a very progressive and responsive safety system. We’ve always worked very well with them, and it’s an unfortunate accident this morning.”

A look inside the Redhook Brewery. Compliments of Trip-Advisor.com

Kirsten Neves of the nearby Tuckerman Brewery told Foster’s Daily Democrat that using high-pressure air or carbon dioxide to clean kegs is a standard practice among most professional brewers. She said the keg cleaning systems usually have pressure regulators to prevent explosions, leading her to believe a keg defect likely caused the accident.

“It’s really a very tragic situation,” Neves said. “It’s very, very uncommon to hear about a keg exploding like that. I’ve never heard of it happening.”

The Redhook brewery remains closed to the public indefinitely while investigators work to determine the cause of the explosion.

If you or a loved one has been severely injured from a catastrophic workplace accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on the tragedy at Redhook Brewery, please visit the following sites.

ABC New Hampshire Story on Redhook Explosion

Portsmouth Patch Story on Ben Harris

Portsmouth Patch Story on Redhook Explosion

Seacoast Online Story on Redhook Explosion

Foster’s Daily Democrat Story on Redhook Explosion

Drive Safely On Tax Day!

Tax Day may be two days late this year, but that doesn’t mean the roads will be any safer than in years past. A study published today in The Journal of the American Medical Association reveals fatal car accidents increase by six percent on Tax Day. According to the Chicago Tribune, the study found 6,783 traffic-related deaths have occurred on Tax Day since 1980, an average of 226 per year.  The study’s lead author, Dr. Donald Redelmeier, then compared those numbers with auto fatalities one day a week before Tax Day and one day a week after. The results showed the average number of automobile deaths decreased to an average of 213 per year.

“One explanation is that stressful deadlines lead to driver distraction and worsen short-term human error,” Dr. Redelmeier told CNN.

Avoid being another number. Drive safely on Tax Day

Redelmeier suggests that lack of sleep, increased alcohol consumption, lack of patience for other drivers and an overall increase in stress from filing taxes contribute to the higher incident of fatal accidents. The study also found that the rise of e-filing had little to no effect on the number of fatalities, mainly because those who file online or file early are not the drivers causing accidents.

“Even if you file early, it does not mean that you are immune to the phenomenon, because of the shared nature of most roadway crashes,” said Dr. Redelmeier. “You are surrounded by other drivers, any one of whom could change your life forever.”

Tax Day this year is next Tuesday, April 17. Whether you’ve filed your taxes already or will be dropping your paperwork in the mail next Tuesday, always remember to slow down, keep your eyes on the road and look out for your fellow drivers. It’s not the end of the world if you’re five minutes late to the post office, but it can be the end of a life if you don’t drive safely to get there.

If you or a loved one has been severely injured from a catastrophic automobile accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website or our auto safety resource center.

For more information on the American Medical Association study, visit the following links:

Chicago Tribune Article on Tax Day Fatalities

CNN Money Story on Dr. Redelmeier’s Study

CBS News Story

The Journal of The American Medical Association

Postal Worker Killed In Tragic Auto Accident

A Los Angeles area postal worker died Wednesday after his legs were severed when he was hit and pinned between his truck and another vehicle. According to CBS Los Angeles, 31-year old Anthony Dunn Jr. was sorting mail near the back of his truck when he was struck by Felipe Soto, who claimed he had swerved to avoid hitting a dog. LAPD Investigators have a different theory of what caused the horrific incident – that Soto, who was driving with a suspended license, was asleep at the wheel.

Screenshot of the accident from CBS LA

Dunn’s legs were severed on impact and he was rushed to LA County USC Medical Center where he died from his injuries. Soto remained at the scene after the accident and was not taken into custody, though LAPD Officer Karen Rayner said they are still investigating and charges are likely. Soto reportedly works for Blue Horizon Trading and a photo of the accident suggests that the vehicle he was driving was a delivery truck. Blue Horizon refused to comment on the story, and it is unclear whether Soto was working at the time of the incident or whether the company was aware its employee was driving with a suspended license. The vehicle was impounded when authorities discovered Soto did not have an active license.

Given the gruesome nature of this tragedy, one would presume these types of accidents are few and far between. Sadly, that is not the case. According to PostalNews.com, this is the fourth known incident in recent years where a USPS worker has been killed or severely injured while working near the back of a postal truck. The blog entry reporting Dunn’s death on PostalNews.com starts with this shocking note:

In 2006 Maureen DePrince, a carrier in Ventnor NJ lost both legs, her eyesight, and normal brain function after being pinned at the back of a van when a drunk driver crashed into it. In 2009 Roy Rondeno, a 34 year veteran carrier from New Orleans, just weeks from retirement, was sorting mail at the back of a van when a car pinned him, severing his legs. Rondeno died a week later. And just a few weeks ago, Columbus Ohio carrier Doug Poole was working at the back of his USPS van when he was pinned by an SUV, breaking both legs. According to the NALC, “He is still undergoing treatment and it’s questionable whether he’ll regain the use of his legs.”

Our thoughts go out to Dunn’s family during this difficult time. We hope tragedies like this remind drivers to always be aware of their surroundings and on the look out for other drivers and pedestrians on the road. If you’ve been drinking or are feeling too weary to drive safely, STAY OFF THE ROADS. There are no acceptable excuses for operating a vehicle under a state of cognitive impairment.

If you or a loved one has been injured in an automobile accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website or at mncollisioncenter.com.

For more information on Anthony Dunn’s death and distracted driving, see the links below.

CBS LA Story w/ Video

Blog Entry on PostalNews.com 

Government Info Center on  Distracted Driving

National Safety Council Page on Distracted Driving

Deadly Presidents Day On Minnesota Roads

Six people were killed in three separate accidents on snowy, fog covered roads in western Minnesota Monday. The fatalities occurred near the end of a dry, mild winter that has produced well below the 50+ inches of snowfall much of the state averages annually, raising concerns that drivers are belittling the dangers of driving in wintry weather due to lack of exposure. According to the Minneapolis Star Tribune, four of the deceased were freshmen at North Dakota State University returning to school after a long weekend home in the Twin Cities.

The grisly aftermath of a crash that killed four young women near Alexandria Monday. Property of the Alexandria Echo Press

The four women were traveling west on Interstate 94 near Alexandria around 3 P.M. when their vehicle crossed the median and was broadsided by an oncoming SUV, which was subsequently hit by a third car. Three passengers from the other vehicles were taken to a nearby hospital to be treated for non-life threatening injuries. State Patrol authorities have not officially determined if the weather played a role in the accident, though strong winds, fog and heavy snowfall led to diminished visibility in the region Monday. Irregardless of cause, there was no denying the level of tragedy stemming from the loss of four young lives.

“Been at this for 32 years and this is one of the worst that I’ve seen, and I’ve seen a lot of ‘em,” Lt. Dan Vickmark of the Minnesota State Patrol told Kare 11 news.

Less than thirty minutes after the accident, the driver of a Buick LeSabre in nearby Pope County spun into an oncoming Mack semi-truck and careened into a ditch. According to CBS Minnesota, the driver of the LeSabre was killed while the semi-truck driver walked away unscathed. Other drivers in the area reported icy conditions at the time of the accident.

A third fatal crash at 6:15 in Douglas County killed one and injured two others. The inclement weather continued into Tuesday and forecasters are predicting snow showers throughout the state for the rest of the week. Kent Barnard of the Minnesota Department of Transportation is anticipating a busy week for road cleaning crews and urged drivers to be patient while traveling on slick roads.

“We’ve been spoiled this year,” Barnard said. “We just want to warn people to keep their cruise controls off if the roads are a little bit slippery, don’t tailgate and stay off the phone.”

Barnard said the one positive for road conditions is that pavement temperatures are too warm for snow to freeze quickly so it takes longer for icy conditions to form. Even so, State Patrol Sgt. Josh Grabow hopes drivers across the state see Monday’s tragedies as a sad reminder of the diligence required when driving in inclement winter weather.

“I’d advise people to use caution while traveling,” Grabow said. “This is a reminder that winter is still here and we need to slow down and pay attention.”

If you or a loved one has been injured in an automobile accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website or at mncollisioncenter.com.

For more information on Monday’s accidents in western Minnesota, please visit the following links.

Star Tribune Article on All Three Accidents

Kare-11 Story on Crash That Killed 4 Roommates

WCCO Story on Accident on Pope County

WCCO Video on Crash That Killed 4 Roommates

Snowmobile Safety

A Washington man is counting his blessings after being engulfed by an avalanche while snowmobiling Sunday. Seattle’s Q13Fox News reports that John Swanson was snowmobiling with a group of friends in the Casacade Mountains when the hill he was running on collapsed and buried him in snow. Fortunately, two of Swanson’s friends were able to dig him out before he sustained any serious injuries. The avalanche and the rescue can be seen in the video below captured on a rescuer’s helmet camera.

Swanson said he was completely immobilized under the snow and thought there was a snowmobile on top of him due to the weight of the snow.

“It’s like being in concrete,” Swanson said.  “I guess I always figured you could move somewhat, wiggle here, wiggle there and create yourself an air pocket but there was nothing. The snow filled totally in, filled my mask.”

While there’s really no way to prepare for an avalanche, Swanson said he hopes his story creates awareness for the importance of snowmobile safety.

“I’m sure everyone will be a lot more aware, have avalanche beacons and safety gear if nothing else. This was a good end. Hopefully, it saves somebody down the road that gets caught in a similar situation,” Swanson said.

Rescuers Search For Two Missing Snowmobilers on Lake Charlotte. Property of the Star Tribune

Most aren’t so fortunate. Two young snowmobilers recently lost their lives after driving into open water during a moonlit ride on a lake just outside of Minneapolis. According to the Star Tribune, the bodies of two young men were recovered from Lake Charlotte on the afternoon of January 15 after their snowmobile went missing the night before.

Gail King, who lives on the lake, told the Tribune he spotted a snowmobile heading toward open water on the north side of the lake around 9 P.M on January 14 when he heard a crunching noise and saw the taillights disappear. By the time he and a neighbor got on their ATVs to help, all they found was the sled’s trail heading straight into open water. The conditions in that area of the lake were so poor that King’s friend crashed into the ice on his four wheeler. Fortunately, King was able to pull him out safely. The tragedy produced the first two ice-related fatalities of the season in Minnesota.

While safety should always be the top priority when operating any type of motor vehicle, snowmobilers need to be especially cautious because they typically drive on rough trails and open wilderness.  In lake states like Minnesota, snowmobilers falling into open ice on lakes is sadly an annual occurrence. Minnesota averages 6.2 ice-related deaths a season

Whether it’s on a mountainside or a frozen lake, the stability of terrain and surrounding conditions for snowmobilers are dangerously unpredictable and can become life-threatening in a matter of seconds. Thus, it’s important to always keep in mind basic safety procedures while snowmobiling. Compliments of the Minnesota Department of Natural Resources, here are a few tips to remember before hitting the trails.

  • DON’T DRINK AND DRIVE – Drinking and driving can be fatal. Alcohol can impair judgment and slow reaction time. Snowmobilers who have been drinking may drive too fast or race across unsafe ice. Alcohol also causes body temperature to drop at an accelerated rate, increasing the likelihood of hypothermia.
  • SLOW DOWN – Speed is a contributing factor in nearly all fatal snowmobiling accidents. Drivers should drive at a pace that allows ample reaction time for any situation. When driving at night, a speed of 40 miles an hour may result in “over driving” the headlight, so the driver can’t react in time to avoid danger.
  • BE PREPARED – When traveling, bring a first aid kit, a flashlight, waterproof matches, and a compass.
  • STAY ALERT – Fatigue can reduce coordination and judgment.
  • ICE ADVICE – Avoid traveling across bodies of water when uncertain of ice thickness and strength on lakes and ponds. Snow cover can act as a blanket to prevent safe ice from forming. Never travel in a single file when crossing bodies of water.
  • DRESS FOR SUCCESS – Use a full-size helmet, goggles or face shield to prevent injuries from twigs, stones, ice and flying debris. Clothing should be worn in layers and should be just snug enough so that no loose ends catch in the machine.
  • WATCH THE WEATHER – Rapid weather changes can produce dangerous conditions.
  • BRING A BUDDY – Never travel alone. Most snowmobile accidents result in some personal injury. The most dangerous situations occur when a person is injured and alone. When traveling alone, tell someone the destination, planned route and expected return time.
  • REPORT ACCIDENTS – Snowmobile operators involved in accidents resulting in medical attention, death or damage exceeding $500 must file an official accident report through the county sheriff’s office within 10 days.

For more information on motor vehicle safety, visit the GoldenbergLaw Auto Safety Website at 
http://www.mncollisioncenter.com/
 or our firm site at 
http://www.goldenberglaw.com/
.

For more information on snowmobile safety, visit the following links:

Q13 Fox News Seattle Report on John Swanson

Star Tribune Article on Tragedy at Lake Charlotte 

Minnesota DNR Snowmobile Safety Information

Minnesota DNR Ice Safety Web Site

Costa Concordia Wreck Exposes Regulatory Void In Cruise Line Industry

As the death toll rises from the Costa Concordia tragedy, observers have begun to question the regulations, or lack thereof, that govern the global cruise line industry. According to CNN, 11 passengers are confirmed dead and 21 are still missing nearly a week after the ship hit a reef off the Tuscany Coast. The Italian Coast Guard has suspended rescue operations after sensors aboard the marooned vessel picked up movement, making it too dangerous for rescue divers to operate. Barring a miracle, the hope for finding the missing passengers alive is bleak.

The aftermath of the Costa Concordia Disaster. Photo property of the Associated Press

According to the New York Times, the stock for Carnival Corporation, the Miami-based parent company of the Costa Concordia, has dropped nearly a fifth in the last week.  While the image of the $450 million boat listed on its side is more than enough to send investors into a panic, the details of the disaster have exposed a troubling lack of oversight in the cruise line industry.

As the industry has grown, cruise line companies have continued to develop and operate under their own regulations and standards. This includes the training and safety procedures for crew members and the amount of discretion a captain has to alter routes. Both of these issues played a critical role in the recent disaster.

“There are legitimate questions as these vessels have substantially evolved in recent years” said Helen Kearns, a spokeswoman for the European Union transportation commissioner. “The way these vessels have grown in size does mean finding the right balance to make sure regulations are stringent enough to ensure there are procedures like safe evacuations.”

The disaster was allegedly caused by ship captain Francesco Schettino’s decision to veer from a set course to show off his boat to Gilgio Island. The ship struck a reef as it approached the island and punctured the starboard side of its hull, causing it to take on enough water to eventually list on its side. Unlike the airline industry, where pilots are guided by controllers on the ground and follow precise computerized routes to their destination, cruise line captains are in complete control of their vessels.

Schettino’s boss, Pier Luigi Foschi of of Costa Crociere S.p.A., claims a safe route was programmed into the ship’s navigation computers and any deviation would have set off alarms.

Rescue operation have been postponed after sensors aboard the ship picked up movement

“The route was put in correctly,” Foschi said. “The fact that it left from this course is due solely to a maneuver by the commander that was unapproved, unauthorized and unknown to Costa.”

Foschi also acknowledged that the ship did a similar deviation last summer with the company’s approval.  Shettino is currently under house arrest as Italian authorities contemplate charging the 52-year-old with manslaughter and abandonment. More damning evidence against the captain emerged this week after a cook claimed the captain ordered dinner nearly an hour after the collision.

According to survivors of the wreck, the captain’s behavior after the collision was a microcosm of the rest of his staff. Many survivors have blamed the crew’s delayed and unorganized response to the catastrophe for the panic that ensued once the ship began to tilt on its side.

“The staff, you know, they seemed younger than me. They did not know what to do. They got on the lifeboats. They could not even drive the lifeboat,” said Justin Evans of Atlanta.

Added Georgia Ananias of California, “Not one person from the ship assisted us in any matter. There wasn’t one officer. We got on a lifeboat that wouldn’t function. We were all thrown out of the lifeboat and thrown against the walls of the ship.”

In today’s age of advanced navigation technology, catastrophes like the Costa Concordia are not supposed to happen. Clearly, captain Schettino has become the scapegoat for the whole ordeal, and given his reckless decision he certainly deserves much of the blame. But the accident could have been avoided if the cruise line industry had effective regulations limiting the power of ship captains to alter routes. The industry should take a hard look at the regulations that govern airline pilots and adopt a similar set of protocol for ship captains.

This will be an expensive lesson for Carnival and the cruise line industry as a whole, and one can only hope that there is positive change to come out of it to avoid similar tragedies in the future.

If you or a loved one has been injured in a catastrophic accident,  please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on the Costa Concordia disaster, please visit the following links:

New York Times Story on Cruise Line Regulation

CNN Story on the Suspension of Rescue Operations

Survivors Remarks to CNN

Student Death at School Pool Raises Safety Questions

A 15-year-old Connecticut boy is dead after drowning in his high school swimming pool during gym class Wednesday. According to WTNH News, CPR was performed on the student at the school and en route to the hospital, but the boy was pronounced dead upon arrival. Speaking for the family, the student’s aunt said it was his first time taking swimming lessons.

“We don’t know what to think anymore. We are very disappointed with the school,” she said.

School aquatic centers can be great teaching tools, but they require the utmost commitment to safety

According to NBC Connecticut, the boy died of asphyxia due to submersion. Reports say there were multiple adults supervising the pool when the boy went under, but authorities don’t have answers for why the student’s drowning went unnoticed.

“Yesterday’s tragic event at East Hartford High School still remains under investigation and we have no findings that we can share with you at this time,” Superintendent of Schools Mark Zito said Thursday. “Because of student confidentiality laws, the school district cannot provide you with any information relating to the student involved in the incident.”

In the wake of this tragedy, it’s hard not to raise questions of pool safety at middle schools and high schools. Teaching children how to swim is certainly a valuable skill and pools allow for fun and diverse gym class activities. But is it worth the risk of a child suffering a serious injury or death?

Particularly with nationwide school cuts leaving less staff for supervision, schools with aquatic centers need to place the highest emphasis on safety for pool-related curricula. Most importantly, all pool staff should be experts in CPR and water rescue training. If a school is going to make the monetary commitment to building and maintaining a pool, it should make an equal, if not greater, commitment to employing staff capable of handling worse case scenarios. Equally important, the staff must have the experience and awareness to know how to control a group of excitable teenagers to avoid accidents stemming from misbehavior before they happen. Swimming pools are great places for kids to have fun and burn energy, but they are not venues for shenanigans.

Students need to be aware that diving in shallow water and horsing around in deeper areas can have dangerous and deadly consequences. And the emphasis on safety shouldn’t be confined to the pool itself. Slip and falls on wet areas surrounding the pool or in locker rooms can lead to broken bones and head injuries, as can falls from diving boards and starting platforms. Violating these and other pool rules should be met with sufficient discipline to thwart future misconduct.

While it’s not clear what caused the drowning in Connecticut, schools with aquatic centers should use the tragedy to ensure their pool curricula and environment are as safe as possible. The potential liability is far too high for schools, many already strapped for cash, to take this matter lightly.

If you or a loved one has been injured due to unsafe conditions at a pool or other public gathering place,  please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on the tragedy in Connecticut and pool safety, visit the following links:

NBC Connecticut Story

MSNBC Story

WTNH Story

Government Website for Pool Safety

US Consumer Product Safety Commission Pool Safety Resource Center

The Case Against Novelty Helmets

The death of a California man Sunday offered a stark reminder that most novelty motorcycle helmets are not compliant with federal safety requirements. According to KESQ Palm Springs, 46-year-old Roger James Scott lost control of his motorcycle and collided with a dirt ridge on the side of the road. Scott was ejected from his motorcycle and suffered a fatal head injury.

Example of a Novelty Motorcycle Helmet that does not comply with FMVSS 218. Property of Freebird Custom Motorcycles

According to Officer Joe Zagorski, Scott was wearing a novelty helmet that does not meet Federal Motor Vehicle Safety Standard 218, which defines the minimum safety requirements for helmets used with motor vehicles. The accident highlights the decreasing number of riders wearing approved helmets on the road, foolishly sacrificing safety for fashion.  Zagorski cited a National Highway Transportation Safety Administration test of novelty helmets that manufacturers claimed complied with FMVSS 218, but NHTSA engineers found the helmets failed most or all federal safety requirements.

“Based on these tests, the agency concluded that novelty helmets will not protect motorcycle riders during a crash from either impact or penetration threats,” Zagorski said. “Likewise, their chin straps are incapable of keeping the helmets on the heads of their users during crashes.”

While it is illegal for riders to wear novelty helmets, retailers are able to skirt the law by selling them as souvenir and gift items. According to the NHTSA, some riders purchase novelty helmets believing they will offer protection, but most are aware that the helmets are unsafe and wear them anyways. All helmets that meet FMVSS 218 are required to have a sticker from the Department of Transportation verifying the helmet has passed the required safety testing. The New York Times reported in May that the sticker message was revised from “DOT” to ““D.O.T. F.M.V.S.S. No. 218 Certified” to make it more difficult to counterfeit. Still, some retailers sell the stickers separately from the novelty helmets to allow for the appearance of compliance.

The Times went on to report that the number of riders wearing approved helmets dropped from 67 percent in 2009 to 54 percent in 2010.

The following is a list of helmet features provided by the NHTSA that comply with the safety requirements of FMVSS 218:

THICK INNER LAYER: Helmets meeting the federal minimum safety requirements have an inner layer of polystyrene that is at least one inch thick.

STURDY CHIN STRAPS: Helmets must have sturdy chin straps with solid rivets.

DESIGN/STYLE: No features or protrusions can extend further than two-tenths of an inch from the surface of the helmet.

SNELL or ANSI LABEL: In addition to the required Department of Transportation sticker on the outside of the helmet, a certified helmet must have labels on the inside indicating it meets the requirements of private, non-profit organizations such as Snell or the American National Standards Institute.

MANUFACTURER’S LABEL: Manufacturers are required by FMVSS 218 to include labels on the inside of the helmet stating the manufacturer’s name, model, size, month and year of manufacture, construction materials and owner’s information.

If you or a loved one has been injured in a motorcycle accident or suffered an injury due to a defective helmet,  please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For further reading please visit the following links:

NHTSA Brochure: How To Identify Unsafe Motorcycle Helmets

KESQ Story on Scott’s Death

New York Times Blog on New DOT Stickers/Safety Threats Posed By Novelty Helmet

NHTSA Motorcycle Safety Page

Idaho Mine Claims Second Victim of 2011

A 26-year old man has died of injuries sustained while constructing an underground mine shaft at the Lucky Friday Mine in Mullan, Idaho. According to the Spokane Spokesman-Review, Brandon Lloyd Gray died Saturday after he and a Cementation U.S.A. coworker became trapped in an underground rock bin they were excavating for Hecla Mining Company on Thursday.

Lucky Friday Mine. Property of the Spokane Spokesman-Review

The unidentified coworker was taken to the hospital and released with minor injuries. Cementation claims both miners were equipped with the proper safety gear, though company representatives and officials from the Mine Safety and Health Administration are investigating the matter. Hecla has ceased mining operations at the Lucky Friday in response to an MSHA order filed to preserve evidence.

Gray’s death comes just seven months after a fellow minor died from a similar accident at the Lucky Friday Mine. According to KXLY, Larry Marek was killed in April when a mine support pillar collapsed and left him buried under a pile of rocks for over a week. Marek’s family later claimed that the pillar had been weakened from ore extraction and that many miners were concerned the area was not safe. Since Marek’s death, the MSHA has levied nine citations against Hecla for not having the proper safety precautions to prevent support failures like the one that killed Marek. Hecla also received two citations for a July fire at Lucky Friday. All miners were evacuated safely in that incident.

The cause of Thursday’s tragedy has yet to be determined. A Hecla news release states that “for reasons that are unknown at this time, the two men were drawn into material that was moving underneath them.” Phil Baker, the Chief Exectutive Officer of Hecla, extended sympathies to Gray’s family in a separate statement released Friday. Baker went on to say that “operating our mines safely is a top priority for Hecla, and we will continue to work to prevent such incidents from occurring.”

With two seemingly preventable deaths in the last seven months at Lucky Friday, what more will it take for Hecla to seriously increase safety precautions to avoid another tragedy?

If you or a loved one has been severely injured in a mining or workplace accident,  please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on Thursday’s accident at the Lucky Friday Mine, please visit the following links.

Spokane Spokesman-Review Story 

KXLY Story

Mineweb.com Story

Agency Slow To Enact Change After Pipeline Disaster

The chief federal regulator for natural-gas pipelines faced a tidal wave of criticism at a Senate hearing Tuesday after disclosing that  little progress has been made on enacting new safety regulations to prevent future pipeline explosions. The San Francisco Chronicle reports that the majority of denigration directed at Cynthia Quarterman, overseer of the Pipeline and Hazardous Materials Safety Board, came from Sens. Barbara Boxer, D-CA., and Dianne Feinstein, D-CA. Both senators are still shaken by the San Bruno pipeline explosion that rattled their state in 2010 and illustrated the need for stricter regulations on managing older pipelines.

Firefighters assess the damage of the San Bruno pipeline explosion. Property of NPR

Eight people were killed and 38 houses exploded on September 9, 2010 when a 54-year old pipeline exploded in San Bruno, CA. Officials say the pipeline, owned and operated by Pacific Gas and Electric Co., cracked and a delay in shutting off the gas led to the deadly explosion. Many believe the blast could have been averted had the Safety Board better enforced state utility regulations.

In the aftermath of the tragedy, the National Transportation Safety Board made a host of recommendations to Quarterman’s agency and PG & E, among others, to enhance the safety of the nation’s pipelines. While Quarterman claims many of the recommendations were similar to what was already in place before the disaster, Boxer disagreed and pushed the agency to implement necessary regulations at a faster pace. Most notably, Boxer and a group of senators want automatic shutoff valves installed on old pipelines as well as the replacement of type a plastic pipe used before 1973 that is vulnerable to decay. PG & E has already agreed to replace thousands of miles of the plastic pipe in California, but the shutoff valves are only required on new and replaced pipelines. Had the shutoff valves been installed on the San Bruno pipeline, it’s likely the tragedy would have been prevented.

Helicopters capture the San Bruno disaster

Tuesday’s hearing came the morning after the Senate unanimously passed a bill increasing regulation over the nation’s underground gas pipelines. The bill also ends exemptions for older pipelines from pressure testing and other procedures employed to prevent explosions. The bill will compete in the House of Representatives against an industry-backed bill requiring softer regulations, though Boxer expects the Senate’s version to prevail given the unanimous support among her colleagues.

If you or a loved one has been severely injured in a gas pipeline explosion accident,  please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on Pipeline safety and the San Bruno disaster, please visit:

San Francisco Chronicle Story on Tuesday’s Hearing

Washington Post story of passage of Senate Bill

Wikipedia page for San Bruno Explosion

NTSB Pipeline Safety Recommendations 

Story on GoldenbergLaw client who lost her home in gas explosion

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