The Virginian-Pilot
©
NORFOLK
The machine operator who knocked over a 105-foot light pole that crushed a Norfolk International Terminals worker in December received no required refresher training after "several" prior crashes, a citation against the terminal operators says.
That's considered a "serious" violation of Occupational Safety and Health Administration rules, and OSHA levied the maximum fine of $7,000, according to the citation, obtained by The Virginian-Pilot through a Freedom of Information Act request.
David B. Weiland, a 43-year-old dock foreman from Virginia Beach, was in his car when the light pole fell on it Dec. 22, nine days after he became engaged to his longtime girlfriend. A preliminary investigation showed that another worker knocked over the pole with a machine used to move shipping containers.
The citation was issued Feb. 17. A "serious" violation is one in which "a substantial probability that death or serious physical harm could result and where the employer knew, or should have known, of the hazard," according to an OSHA Web site.
Officials of Virginia International Terminals, which operates the Norfolk facility, were out of their office Monday and couldn't immediately be reached for comment. They have a right to contest OSHA's findings.
A lawyer for Weiland's family in Butler, Pa., said his investigators have been in Norfolk, talking with people about the machine operator and sharing information with officials, but he declined to elaborate. The family has filed no lawsuit, but "it wouldn't surprise me" if they do, Thomas W. King III said.
"From the family's standpoint, we are still trying to gather all the facts relating to this tragic incident," King said.
Matthew Bowers, (757) 222-3893, matthew.bowers@pilotonline.com
Delicious
Digg
Reddit
Facebook
Twitter
Google
Yahoo
Let me get this straight.
Let me get this straight. One union man kills another because he was being unsafe and dumb. The union fights to keep this person employed no matter how bad his record is. The guy killed was a bad employee was also always sleeping on the job and screwing off. Blame the ILA for his death. The ILA officials killed this man.
OSHA's Value of a Life
There it is folks, we now have OSHA's dollar value on a human life; $7,000!
What an outdated system OSHA operates under. With a fine structure like that, no wonder industry ignores rules for safety while pushing for increased productivity in the work place.
$7,000?
I'm sure the Terminal felt that! Not. $7,000 to the terminal is like putting a nickel in the parking meter to a regular person. Maybe $70 or better yet $700,000 would have gotten their attention. Of course, the civil suit will probably be felt or not. The terminal will probably settle for pennies on the dollar just to make the issue "go away".
The Fine
Calm down... That is just the OSHA fine! Don't worry - the court case will be comming shortly just as it should. Stay tuned...
I bet Vick got fined more
I bet Vick got fined more for abusing his dogs.
OSHA fines terminal
Wow , that large fine should get their attention. A man lost his life to the terminals negligence and they slap them with a seven thousand dollar fine. Thats an insult to every working man in this country and proof beyond reasonible doubt whose side OSHA loyalties remain on. Big business is so firmly entrenched with the politicians that any hope of a fair settlement is out of the question in this mans death. And then they wonder why so many hate the goverment. And just who gets that money? His family? Last time I checked that would just about pay to bury him if he already had purchased a burial plot. Justice is never there when it comes down to big business versus the working man. The blue collar worker gets another "BOHICA" from goverment officals and its time to voice your disapproval America. I just voiced mine.
holy smokes, a whole 7 grand???
How in the world is VIT going to stay in business after the heavy hand of government regulation has come crashing down so excessively?
Maybe if Joe's Painting and Remodeling was being fined $7000 it would mean something. But that paltry figure is like spitting in the ocean to a huge enterprise like the Terminals.
Farcical stories like this are why I refuse to believe the sky is falling every time some business group whines and cries about even the slightest regulation. A worker got killed and the Terminal was at fault, and OSHA fined them pennies.
Hopefully a good lawyer can recover a more meaningful amount for the family of the dead working man. Nothing else but $$$$$ means anything to businesses. Hit them where it hurts or they will chew up the little people and spit them out, repeatedly, forever, because the market rewards it.
Thanks Virginian Pilot for the good work
Virginia International Terminals is going to be liable but the taxpayer will ultimately bear the cost.
"That’s considered a “serious” violation of Occupational Safety and Health Administration rules, and OSHA levied the maximum fine of $7,000, according to the citation, obtained by The Virginian-Pilot through a Freedom of Information Act request"
The state is doing business with some dangerous people at VIT. Nobody at the state level with oversight it seems. Bob?
Wonder what the name of his survivors attorney is?
Everybody at VIP ran away today from the media. Typical reaction from guilty people, hide. Very Puckerbrush.
Kudos to the Pilot. No one would have known about this except for taking the time to FOIA. Thanks Pilot staff.
Mr. Weiland was a nice guy
Mr. Weiland was a nice guy and did a lot for people outside of work. Its a shame the negligence of one person and his management attributed to a very avoidable accident.