Investigator alleges violations in NIPSCO lineman's death

Second incident raises further concern

An Indiana Occupational Safety and Health Administration compliance officer has recommended that NIPSCO be cited for two violations of OSHA standards in the Aug. 11 electrocution of a lineman, according to union officials.

Indiana OSHA told union leaders about the alleged violations earlier this month as the agency concluded its investigation of the incident that claimed the life of Michael Nesius, 43, of Rensselaer, said David Chlebek, USW Local 12775 safety committee chairman.

"We're very concerned about what's happening on the electric side of the business," said Jim Blythe, Local 12775 president. "We've had one fatality and one very serious injury lately."

The serious injury was suffered by Mark Hanson, 38, of Star City. Hanson, a NIPSCO apprentice lineman, was badly burned Oct. 3 when he came in contact with a live line.

NIPSCO has not yet received official OSHA notification of any violations pertaining to the Aug. 11 fatality, so the utility will not comment on any specifics of the investigation, NIPSCO spokesman Tom Cuddy said Monday.

The utility always is looking at new ways to keep employees safe, including joint safety programs with the union, Cuddy said. Safety remains the No. 1 priority for NIPSCO, Cuddy added.

The OSHA investigation of the accident that killed Nesius showed the lineman was electrocuted as he worked with a hydraulic tamper to pack the dirt around a newly installed power pole, Chlebek said. A boom holding up the pole came in contact with a live line and conducted the electricity to the truck and through a hose connected to the tamper, Chlebek said.

One violation alleged by the OSHA investigator states that a hydraulic tool was "not designed for use" where it could come into contact with live wires, and that resulted in the fatality. A second alleged violation states no protecting or insulating material was used while working near energized lines.

That second violation relates to a protective insulating sleeve that appears to have slipped out of place on the overhead wires, Chlebek said.

The union provided The Times with a copy of OSHA's closing conference worksheet, which lists both alleged violations. The investigator's allegations are subject to review by OSHA supervisors.

Indiana OSHA Special Assistant to the Commissioner Tim Grogg did not return calls seeking comment Monday.

OSHA fines for hazards such as those cited can range up to $7,000, according to information on the U.S. Department of Labor's OSHA Web site.

Blythe said he has pledged to institute a joint company-union safety program as a result of the recent incidents.

Cuddy said the company has proposed a more formal joint safety program than currently exists, but the union has "elected" not to participate. Blythe said that was simply untrue and the union wants to find the best safety program it can to implement with the company.

Chlebek has complained to NIPSCO that some serious accidents are not being fully reported to union leaders. That includes a Goshen-area lineman who was transported to a hospital during the summer for a severe cut to his arm, Chlebek said.

Cuddy said all accidents are fully communicated to employees both by internal company media and supervisors.

In a letter dated a week before the accident that killed Nesius, Chlebek wrote to NIPSCO's manager of environmental health and safety that a "business as usual mentality" was preventing meaningful dialogue on safety issues.

The union safety chief said he believes a number of accidents in the past year are due to staffing cutbacks over the years that have fewer linemen doing more work.

"In my mind, we are going to start on the road to a good safety program," Chlebek said. "And right now, we don't have a good safety program."

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