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Texas company, supervisor indicted in fatal 2021 trench collapse
A Texas grand jury has indicted a construction manager and his employer in connection with a trench collapse three years ago that killed a 24-year-old Bastrop worker and seriously injured another one.
Carlos Alejandro Guerrero, a project superintendent with Austin-based D Guerra Construction LLC, was charged with criminally negligent homicide in connection with the death of Juan José Galvan Batalla, according to the Travis County prosecutor’s office. The company was also charged. Galvan Batalla was working in a trench to install a residential sewer line near Austin in October 2021 when he was completely buried by falling soil and debris, officials said. He died of his injuries a week later.
In a news conference Thursday announcing the indictments, Travis County District Attorney José P. Garza cited an NPR investigation earlier this year (LINK: https://www.npr.org/2024/07/20/g-s1-9028/osha-construction-safety-trench-collapse), which found that 250 people died over the last decade when trenches they were working in collapsed. NPR compiled a database of trench collapse deaths that happened between 2013 and 2023 and found that only 11 employers were criminally charged in instances where workers died. Most offenders got off with a fine, probation or little time in jail.
“All workers here in Travis County deserve to be safe at work so they can return to their families at the end of the day,” Garza said. “When employers engage in criminal conduct and expose their employees to hazardous working conditions, this office will hold them accountable.”
Trench collapses often occur when employers cut corners, such as failing to install shoring equipment like hydraulic cylinders that hold back the dirt walls of a trench or boxes and timbers that prevent a potential collapse from harming workers.
An OSHA investigation found that two workers had escaped the unsafe trench just hours earlier, but were sent back into the 13-foot-deep hole to complete the job.
“Despite a partial trench collapse earlier in the day, D Guerra Construction LLC recklessly sent employees back into the excavation without protective measures to prevent another cave-in,” OSHA Area Director Casey Perkins said in a statement. “The loss of this worker’s life was preventable and the employer must be held responsible for ignoring excavation safety rules.”
Scot Courtney, an attorney representing Guerrero, called the incident “a tragedy” and an “accident.”
“Nobody did anything intentionally,” Courtney said. “A jury will ultimately have to decide whether my client is a criminal for doing his job.”
In November 2023, two years after the cave-in killed Galvan Batalla, OSHA inspectors cited the company again for having an unprotected trench. Agency inspectors said the company’s workers were installing a sewer pipe inside a ten-foot-deep excavation in Pflugerville, Texas, that was not protected from cave-in hazards.
In a statement to NPR, the company said that Galvan Batalla was a valued employee and that several of his family members continue to still work there. The company declined to comment on the indictment.
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Top Drug Regulator Is Fired From the F.D.A.
Dr. Tracy Beth Hoeg, the Food and Drug Administration’s top drug regulator, said she was fired from the agency Friday after she declined to resign.
She said she did not know who had ordered her firing or why, nor whether Health Secretary Robert F. Kennedy Jr. knew of her fate. The Department of Health and Human Services did not immediately respond to a request for comment.
The departure reflected the upheaval at the F.D.A., days after the resignation of Dr. Marty Makary, the agency commissioner. Dr. Makary had become a lightning rod for critics of the agency’s decisions to reject applications for rare disease drugs and to delay a report meant to supply damaging evidence about the abortion drug mifepristone. He also spent months before his departure pushing back on the White House’s requests for him to approve more flavored vapes, the reason he ultimately cited for leaving.
Dr. Hoeg’s hiring had startled public health leaders who were familiar with her track record as a vaccine skeptic, and she played a leading role in some of the agency’s most divisive efforts during her tenure. She worked on a report that purportedly linked the deaths of children and young adults to Covid vaccines, a dossier the agency has not released publicly. She was also the co-author of a document describing Mr. Kennedy’s decision to pare the recommendations for 17 childhood vaccines down to 11.
But in an interview on Friday, Dr. Hoeg said she “stuck with the science.”
“I am incredibly proud of the work we were doing,” Dr. Hoeg said, adding, “I’m glad that we didn’t give in to any pressures to approve drugs when it wasn’t appropriate.”
As the director of the agency’s Center for Drug Evaluation and Research, she was a political appointee in a role that had been previously occupied by career officials. An epidemiologist who was trained in the United States and Denmark, she worked on efforts to analyze drug safety and on a panel to discuss the use of serotonin reuptake inhibitors, the most widely prescribed class of antidepressants, during pregnancy. She also worked on efforts to reduce animal testing and was the agency’s liaison to an influential vaccine committee.
She made sure that her teams approved drugs only when the risk-benefit balance was favorable, she said.
The firing worsens the leadership vacuum at the F.D.A. and other agencies, with temporary leaders filling the role of commissioner, food chief and the head of the biologics center, which oversees vaccines and gene therapies. The roles of surgeon general and director of the Centers for Disease Control and Prevention are also unfilled.
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Supreme Court is death knell for Virginia’s Democratic-friendly congressional maps
The U.S. Supreme Court
Andrew Harnik/Getty Images
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The U.S. Supreme Court refused Friday to allow Virginia to use a new congressional map that favored Democrats in all but one of the state’s U.S. House seats. The map was a key part of Democrats’ effort to counter the Republican redistricting wave set off by President Trump.
The new map was drawn by Democrats and approved by Virginia voters in an April referendum. But on May 8, the Supreme Court of Virginia in a 4-to-3 vote declared the referendum, and by extension the new map, null and void because lawmakers failed to follow the proper procedures to get the issue on the ballot, violating the state constitution.
Virginia Democrats and the state’s attorney general then appealed to the U.S. Supreme Court, seeking to put into effect the map approved by the voters, which yields four more likely Democratic congressional seats. In their emergency application, they argued the Virginia Supreme Court was “deeply mistaken” in its decision on “critical issues of federal law with profound practical importance to the Nation.” Further, they asserted the decision “overrode the will of the people” by ordering Virginia to “conduct its election with the congressional districts that the people rejected.”
Republican legislators countered that it would be improper for the U.S. Supreme Court to wade into a purely state law controversy — especially since the Democrats had not raised any federal claims in the lower court.
Ultimately, the U.S. Supreme Court sided with Republicans without explanation leaving in place the state court ruling that voided the Democratic-friendly maps.
The court’s decision not to intervene was its latest in emergency requests for intervention on redistricting issues. In December, the high court OK’d Texas using a gerrymandered map that could help the GOP win five more seats in the U.S. House. In February, the court allowed California to use a voter-approved, Democratic-friendly map, adopted to offset Texas’s map. Then in March, the U.S. Supreme Court blocked the redrawing of a New York map expected to flip a Republican congressional district Democratic.
And perhaps most importantly, in April, the high court ruled that a Louisiana congressional map was a racial gerrymander and must be redrawn. That decision immediately set off a flurry of redistricting efforts, particularly in the South, where Republican legislators immediately began redrawing congressional maps to eliminate long established majority Black and Hispanic districts.
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Explosion at Lumber Mill in Searsmont, Maine, Draws Large Emergency Response
An explosion and fire drew a large emergency response on Friday to a lumber mill in the Midcoast region of Maine, officials said.
The State Police and fire marshal’s investigators responded to Robbins Lumber in Searsmont, about 72 miles northeast of Portland, said Shannon Moss, a spokeswoman for the Maine Department of Public Safety.
Mike Larrivee, the director of the Waldo County Regional Communications Center, said the number of victims was unknown, cautioning that “the information we’re getting from the scene is very vague.”
“We’ve sent every resource in the county to that area, plus surrounding counties,” he said.
Footage from the scene shared by WABI-TV showed flames burning through the roof of a large structure as heavy, dark smoke billowed skyward.
The Associated Press reported that at least five people were injured, and that county officials were considering the incident a “mass casualty event.”
Catherine Robbins-Halsted, an owner and vice president at Robbins Lumber, told reporters at the scene that all of the company’s employees had been accounted for.
Gov. Janet T. Mills of Maine said on social media that she had been briefed on the situation and urged people to avoid the area.
“I ask Maine people to join me in keeping all those affected in their thoughts,” she said.
Representative Jared Golden, Democrat of Maine, said on social media that he was aware of the fire and explosion.
“As my team and I seek out more information, I am praying for the safety and well-being of first responders and everyone else on-site,” he said.
This is a developing story. Check back for updates.
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