Norfolk hit for safety violations in trash truck worker's death

NORFOLK

When a sanitation worker was crushed to death inside a refuse truck in February, city officials said he violated policy by climbing into the back to clear a jammed mechanism.

Now a state agency has found that Jerry Holton was following city policy when he opened the door leading to his truck's hopper to clear debris from a blade that compacted trash, according to a report from the Virginia Department of Labor and Industry.

Holton, 51, was in the back of his Heil Formula 7000 truck when the hydraulic system engaged and crushed him to death Feb. 3, city officials have said.

The state agency has cited Norfolk for 19 serious safety violations related to an investigation into Holton's death, according to documents obtained by The Virginian-Pilot under the Freedom of Information Act. State officials said their investigation is continuing.

Eight of the violations were related to the accident, and the rest were for other issues found during the investigation.

A serious violation is one that is potentially life-threatening, said Jennifer Wester, director of cooperative programs for the Department of Labor and Industry. "It is one which could or did cause harm to an employee," she wrote in an email Tuesday.

The same agency issued only two citations, neither deemed serious, after it investigated the December death of Norfolk police recruit John Kohn, who state officials concluded died from multiple hits to the head during training.

Among the citations given to the city after Holton's death is one indicating a safety mechanism that likely would have saved Holton's life was not working on his truck.

Mayor Paul Fraim said this week that he was aware of, but has not seen, the state's findings. Other council members said they did not know about the report, which was sent to city officials July 26.

"That's unbelievable," City Councilman Andy Protogyrou said when told of the report. "I cannot fathom that. It appears to be a systemic breakdown."

"Some heads should roll on this," Councilman Tommy Smigiel added.

Holton's daughter, Jessica Holton Hendricks, said her family was not informed about the state report.

One of the state's citations contradicts statements made by Norfolk officials not long after Holton's death. "Employees are instructed to enter the compactor area of the Heil Formula 7000 trucks to clear debris when the blade stops due to the limit switch tripping," the report states, citing a safety mechanism designed to protect the driver.

Wester said in an email that state investigators found it is city policy that drivers climb into the back of trucks to clear debris. After Holton died, a city spokesperson told The Virginian-Pilot that drivers were instructed to return their trucks to the city's repair yard if there were problems.

Holton's daughter said her family has talked with other sanitation drivers, who confirmed that city policy called for drivers to climb into the back of trucks.

"He would not have done that unless he was told to do it," Hendricks said of her father. "He was very conscious of safety issues."

Fraim said the city "does not dispute" any of the state citations.

However, City Manager Marcus Jones and Craig Watkins, the city's safety officer, said city policy is in line with industry standards and federal regulations.

Holton's truck was running when police and fire rescue personnel were called to the scene, according to city reports.

Both Jones and Watkins said that drivers have been instructed to cut off their engines and put their keys in their pockets before entering the back of trucks.

"If you cut the machine off and power it down, then the machine no longer has energy," Jones said.

Nonetheless, Jones said that if a truck has a problem, the city policy is now that a driver is supposed to bring it in for repairs.

The state found that a critical safety system designed to protect drivers when a truck is running was not working on Holton's truck when it was tested immediately after the accident. The "interlock mechanism" that shuts power to the hydraulic system when the door to the hopper was opened did not operate properly, the report stated.

The safety system is supposed to be checked daily before a truck begins collecting trash, and the state found that it was not checked the morning of Holton's death.

The Department of Labor and Industry learned that Holton was not accustomed to driving the sanitation truck, which the city bought from the Southeastern Public Service Authority, the region's trash agency. "The operator had not reviewed and been trained on the operator's manual for the vehicle," according to the report.

"The mechanism for operating the compactor blade was very different from that normally used by the employee, and the blade was known to have sticking problems," state investigators reported.

The state also found that other city drivers were not aware of the hazards of entering the back of a sanitation truck.

Problems at the city's maintenance facility on Pine Ridge Road in the Norfolk Industrial Park were found by the state, too. They included accumulated trash, paper and rags underneath oil and transmission pumps, oxygen and acetylene cylinders within 20 feet of each other and a flexible orange extension cord used as permanent wiring.

Norfolk was required to respond to the state's findings by Aug. 28 and to confirm that all of the problems had been fixed. The Virginian-Pilot requested a copy of the city's response Friday. The city had not responded as of Tuesday afternoon.

Jones, the city manager, said problems that led to 18 of the serious citations had been fixed before the city received the citations.

"We were very proactive," he said.

The city has also made changes to the management of its sanitation department.

Harvey Howard was hired as the superintendent of waste management Sept. 12, spokeswoman Lori Crouch said.

Holton, a Navy veteran who lived in Virginia Beach with his family, had worked in Norfolk since 1989. He was survived by his wife, two children and four grandchildren.

Most council members had no idea about the state's findings until a reporter told them, Councilman Paul R. Riddick said.

"I'm not happy with the fact this has been kept under wraps," he said.

Jones said his first priority was to fix the problems.

"We took the citations and put them on display at public works," he said. "We talked with each of the employees. I thought we had provided some level of some communication to the council, but it appears we did not do so."

Harry Minium, (757) 446-2371, harry.minium@pilotonline.com