State cites employer of firefighter killed on Tubbs Fire

KQED reports that Tehama Transport, the owner of the truck that rolled over, failed to provide workers compensation insurance for their employees.

According to KQED the state of California has cited the company that employed the firefighter killed in Northern California October 16 while operating a water tender on the Tubbs Fire.

water tender accident in Napa County
Screen capture from KCRA video of water tender accident in Napa County October 16, 2017.

Garrett Paiz, 39, died when the water tender he was driving rolled over while descending Oakville Grade west of Highway 29. Mr. Paiz was the only firefighter killed on the numerous large fires that broke out during a wind event in Northern California October 8-9. About 40 civilians died in the fire storms which also destroyed thousands of homes.

Investigations by the California Department of Industrial Relations and the state Labor Commissioner’s Office found that the owner of the truck, Tehama Transport, failed to procure workers compensation insurance for their employees.

Below are excerpts from articles at KQED:

The company, like scores of other contractors, has provided water tenders and bulldozers to firefighting efforts. Firms that contract with Cal Fire for heavy equipment are required to provide copies of their current workers’ compensation insurance policies for their employees.

But Tehama Transport did not have to abide by that requirement because it registered as an “owner/operator.” Under that classification, the company was saying that Paiz either had ownership in the company or was a relative of someone who did.

Without that coverage, Paiz’s family, his wife and teenage daughter, might lose out on hundreds of thousands of dollars in benefits.

Cal Fire has hired the company 56 times and the U.S. Forest Service has hired the firm 47 times since 2006, according to documents obtained by KQED.

Tehama Transport appealed the penalty, leading to a hearing that took place Monday. A hearing officer’s decision on the dispute is pending.

In April both a private contractor and the California Department of Forestry and Fire Protection (CAL FIRE) were issued citations by California’s Division of Occupational Safety and Health (Cal/OSHA) related to a fatality when a dozer rolled over. Robert Reagan, 35, of Friant, California, was killed while fighting the Soberanes Fire south of Monterey, California July 26, 2016.

Minutes after Mr. Reagan began operating the piece of equipment for Czirban Concrete Construction on contract to CAL FIRE, it rolled over.

According to KQED news, Cal/OSHA issued five citations to Czirban totaling $20,000. The largest was $13,500 for not wearing a seat belt.

Czirban had not secured workers’ compensation insurance for Mr. Reagan as required, and had been cited eight times in four years by the Contractors State License Board, several times because of worker’s compensation issues.

CAL FIRE was cited for failing to report a serious injury within eight hours and another for failing to maintain an effective injury and illness prevention program.

Author: Bill Gabbert

After working full time in wildland fire for 33 years, Bill Gabbert now writes about it from the Black Hills.

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One thought on “State cites employer of firefighter killed on Tubbs Fire”

  1. As a former fire contractor I am incredulous that a contracting officer for CalFire put that equipment to work without workmans compensation insurance in place.

    Contract resources are businesses. Making sure all contract resources are playing on a level playing field by ensuring all contracting requirements are met is part of the purpose of contracting officers.

    Even if the contractor met the owner operator requirements, requiring workman compensation insurance be carried is,reasonable for exactly this kind of situation

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