USFS releases report on Steep Corner Fire fatality

Posted on February 15, 2013 by Bill Gabbert

The U.S. Forest Service has released their Serious Accident Investigation Report on the fatality of Ann Veseth, which occurred on the Steep Corner Fire 56 miles northeast of Orofino, Idaho August 12, 2012. The fire was on private property and was being managed by the Clearwater‐Potlatch Timber Protective Association (CPTPA). Ms. Veseth, in her second season working as a firefighter for the USFS, was killed when she was struck by a falling 150-foot tall fire-weakened green cedar tree. The tree fell on its own and was 13 inches in diameter where it struck her.

Ann Veseth. Photo from the report.

The report is unusual in at least two respects. It is written in the present tense, such as this:

Lee, the ENGB, works behind the E‐31 crew using a hoselay pumping water from the creek to secure fireline and watching for hazard trees.

In addition, there is a very nicely written one-page biography of the 20-year old firefighter which includes two photos.

The USFS report came out a few days after OSHA issued a citation to the organization managing the fire, the Clearwater-Potlatch Timber Protective Association (CPTPA). The citation comes with a “Notification of Penalty”, fines totaling $14,000. OSHA also issued a Notice of Unsafe or Unhealthful Working Conditions to the U.S. Forest Service, but without a monetary penalty. Wildfire Today summarized the OSHA actions on February 12.

Here is an excerpt from the just-released USFS report:

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“Analysis and Conclusion

The cause of this accident was that a green cedar tree, weakened by fire, fell and struck a firefighter in the head. It fell with a force far greater than the design limits of any hardhat could withstand. This tragedy resulted from the chance alignment of certain conditions: an emergency response to control a wildland fire, which required the presence of firefighters in an area where fire‐weakened trees could fall on their own with little or no warning. The SAI team concluded that the convergence of these events – in a very specific way and with very specific timing – resulted in a fatal accident. Slight differences in any number of factors could have led to drastically different results.

Firefighters faced the same choice on this fire as they do on almost every fire: engage the fire and expose firefighters to a certain set of risks in order to control the fire, or don’t engage the fire and don’t control it, knowing that such a decision often poses a wider range of risks to firefighters and the public. Firefighters made the same basic risk decision on the Steep Corner Fire as they do routinely on most fires: to engage the fire and attempt to control it, knowing that firefighters would be exposed to hazards during suppression efforts.

On the day of the accident, after the implementation of safety mitigation measures, the firefighting professionals involved in the Steep Corner Fire reasoned the risks of engaging and suppressing the fire to be acceptable. After considerable review of the incident, including the leadership, qualifications, interagency cooperation, fuels, weather, incident management organization, and local policies, the SAI Team concluded that the judgments and decisions of the firefighters involved in the Steep Corner Fire were appropriate. Firefighters all performed within the leaders’ intent and scope of duty, as defined by their respective organizations. The team did not find any reckless actions or violations of policy or protocol.

On August 11, the day before the fatal accident, two Forest Service resources decided to limit their acceptance of risk on the Steep Corner Fire. Both the IHC and the E‐31 crew identified necessary safety mitigations. The IHC chose not to engage. The E‐31 crew disengaged and indicated they would not return to the fire until mitigation measures were implemented.

C‐PTPA took these events seriously and subsequently addressed the recommended mitigation measures. Personnel became the “adapters” that allowed C‐PTPA and the Forest Service, two organizations with very different natural resource management mandates, to functiontogether. Mitigation measures included ordering more firefighting resources, adding line overhead and a radio repeater, and using contract fallers to fell hazard trees ahead of those digging fireline. The morning of August 12, the E‐31 crew decided to re‐engage when it became clear C‐PTPA was addressing their safety concerns. The IHC was already reassigned to anotherfire and did not return. In general, firefighters expressed their impressions that Saturday was a bad day but Sunday (before the accident) was much better, in terms of organization of the fire and mitigation of the hazards.”

(end of excerpt)

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The 38-page report only has two recommendations. One is to introduce the LCES (Lookouts, Communications, Escape Routes, Safety Zones) concept into the National Wildfire Coordinating Group’s curriculum for use in disciplines other than fire management. The other is: “Occupational Safety and Health Office should develop a methodology for effectively teaching non‐fire workers the concepts related to hazard tree identification, scouting an area, and determining escape routes and safety zones for overhead hazards”.

An opinion

Several things about the incident and the report are troubling, but one item in the report stood out (emphasis added):

This tragedy resulted from the chance alignment of certain conditions: an emergency response to control a wildland fire, which required the presence of firefighters in an area where fire‐weakened trees could fall on their own with little or no warning.

Perhaps it is just an unfortunate choice of words chosen by the primary author which somehow was missed by the large number of people who probably reviewed the report before it was released. Giving them the benefit of the doubt, maybe they didn’t really mean to imply that firefighters are REQUIRED to perform an action on a fire simply because the fire is uncontrolled, even “where fire‐weakened trees could fall on their own with little or no warning”.

Someone might say that trees could fall during suppression action on most timber fires. Right. However on this fire, the large number of falling trees was identified the previous day, when a Hotshot crew refused to be assigned to the fire because of falling trees and many other unmitigated hazards, saying in a SAFENET report filed three days later that they “had huge concerns about the number of snags burning”. An engine crew left the fire for similar reasons that afternoon, but returned the next day after being assured that the hazards had been mitigated.

Firefighters are not REQUIRED to perform a task on a fire if there are known extraordinary hazards that cannot mitigated. We are talking about trees, grass, brush, or houses…. that will all grow back. Firefighters can’t.

Maybe it is just an unfortunate choice of words.

Old Fire arsonist receives death penalty

Posted on January 28, 2013 by Bill Gabbert

Rickie Lee Fowler

Rickie Lee Fowler received the death penalty today for starting the 2003 Old fire that destroyed 1,003 homes, burned 91,000 acres, and led to five deaths. He was convicted on August 15 of two arson charges and of murdering the five people who died of heart attacks after their homes burned or while they evacuated during the fire in San Bernardino County, California. When he was convicted, the jury recommended that Fowler be sentenced to death but the judge had the discretion to impose that or life in prison.

This morning Superior Court Judge Michael A. Smith, after hearing arguments by attorneys and statements by the victims’ families, confirmed the death penalty for Fowler. The sentence will automatically be appealed to the California Supreme Court.

In the trial, the State employed the same principle used when prosecutors in neighboring Riverside County won a death penalty conviction against Raymond Lee Oyler, an auto mechanic who set the 2006 Esperanza wildfire that killed five federal firefighters. Oyler is believed to be the first person in the U.S. to be convicted of first-degree murder and sentenced to death in a wildland arson case.

Old Fire, looking west from Strawberry Peak. Photo taken October 26, 2003 by Dave Schumaker.

Before the trial Mr. Fowler said he and three men in a van had intended to rob John Aylward, a person he identified as his godfather, but realized they were too drunk or stoned to pull it off. Instead, they decided to start a fire, as one person testified before a grand jury, “to burn John’s house down”.

In an interview with investigators, Mr. Fowler said he ignited a road flare and threw it into the vegetation, but corrected himself and said one of the other men in the van struck the flare. In a later interview, he said he intended to strike and throw the flare, but Martin Valdez Jr. took it from him, struck it, and threw it into the brush.

While in prison before the trial, Mr. Fowler was convicted of sodomizing another jail inmate and for that was sentenced to three 25-years-to-life prison terms.

Wildfire briefing, January 25, 2013

Posted on January 25, 2013 by Bill Gabbert

Caylym continues to develop containers for dropping retardant

Caylym system dispersing a liquid after exiting an aircraft. Photo credit: Caylym

Since Wildfire Today last covered their disposable container for delivering retardant over wildfires,the Caylym company has continued to develop and promote their concept. The system consists of containers constructed of cardboard, plywood, a plastic bladder, and dozens of yards of straps. They hold 264 gallons each and are designed to be carried in military aircraft such as the C-130 or C-27 using the standard cargo system. The containers when empty weigh 100 pounds.

At Fire Aviation we have more photos and a video, as well the results of our interview with Rick Goddard, the Managing Director of Caylym

South Africa: ~~Firefighter~~ Man killed fighting a fire near Clanwilliam

(UPDATE January 26, 2013: It turns out the man that was killed was not a trained firefighter, volunteer or paid. As so frequently happens in remote areas of South Africa, he lived nearby and was doing what he could to fight the fire while hoping that firefighters might show up.)

A man has died fighting a wildfire near Clanwilliam in South Africa (map). Christo Fourie, a retired bank manager, had been missing since Wednesday and his body was found Thursday in a burned area near his vehicle. A police spokesperson said Mr. Fourie was caught in the fire but the exact circumstances of his death were being investigated. A news report described the man as a volunteer firefighter.

The fire has burned 24,000 hectares (59,305 acres) and is being fought by firefighters supported by helicopters and four air tankers.

Missouri: Fire destroys Mammoth-area home

A wildfire destroyed a home on County Road 527 off the T Highway near Mammoth, Missouri on Monday. The fire was fought by the Timber Knob and Pontiac VFDs for several hours but the home was a total loss.

Utah: fire baloons may become illegal

Fire Balloon — a screen grab from a Mercedes commercial on CBS, November 4, 2012.

Proposed legislation in Utah would outlaw fire balloons, sometimes called Chinese lanterns or sky lanterns. These devices are small, lightweight, inexpensive hot air balloons powered by burning material at the base. They can be made out of common household materials or purchased in large quantities online.

We first wrote about fire balloons in November after seeing the concept promoted by Mercedes in a car commercial on network television. An article in the Deseret News quotes Coy Porter, the Utah State Fire Marshal, as saying, ”The biggest problem is just if they’re slightly damaged, there’s a small rip, they don’t get the elevation, they can still come down while the flame is still going in there.”

These incendiary devices are sometimes released by the hundreds at weddings or in celebration of the Chinese New Year.

Firefighter dies in Australia

Posted on January 13, 2013 by Bill Gabbert

Peter Cramer, on the day he was presented an award for 20 years of CFA volunteer service, DSE photo

UPDATE: January 14, 2013. The deceased firefighter has been identified as Peter Ronald Cramer, 61, a 30-year volunteer from the town of Tyers, Victoria about 160km east of Melbourne. The latest information is that he been on foot identifying containment lines before he was found deceased on a track at 5pm on Sunday.

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A firefighter from Gippsland aged in his 60s died Sunday while working on a wildfire in Tasmania. The man was one of 70 from Victoria that had been sent to assist with the suppression of fires raging in the state. News.com.au reported that the firefighter was on foot conducting a backburning operation on the Forcett Fire when he was killed near Taranna, about 30 air miles southeast of Hobart (map).

The firefighter’s family has been notified but his name has not been released to the public.

The Forcett fire started on November 16 and has burned 24,040 hectares (59,404 acres) within a perimeter of 200km. It is being fought by 150 firefighters using 39 tankers and four aircraft.

Our sincere condolences go out to the firefighter’s family and co-workers.

Wildfire briefing, December 3, 2012

Posted on December 3, 2012 by Bill Gabbert

Firefighter killed in Clinton County, Illinois

A firefighter was killed Sunday at the scene of a wildfire that spread to a structure. Here is an excerpt from an article at KSDK:

A 45-year-old fireman with the Santa Fe Fire Protection District in Clinton County, Illinois, has been killed at the scene of a fire.

Timothy P. Jansen died of injuries sustained when he was struck by a fire truck in the 9700 block of River Road in Bartelso. The accident happened about 7:45 p.m. Sunday.

Jansen was among the first firefighters to arrive at the scene, which began as a grass fire and spread to a building.

Santa Fe Fire Chief Adam Maue said Jansen was standing on the back of a truck, pulling hoses, when he slipped off. The driver of the truck told the chief he did not know Jansen fell, so he backed up, striking Jansen.

Jansen was married and had two daughters. He’d been with the fire district for 15 years and owned a restaurant directly across the street from the firehouse.

Fire engine overturns en route to wildfire, injuring 4

A fire engine that was participating in a Christmas parade in Bedford, Virginia was dispatched to a wildland fire duirng the parade but didn’t make it to the fire. It overturned while rounding a curve, landing in Phyllis Carimi’s front yard.

Here is an excerpt from The News & Advance:

Lt. Todd Foreman, of the Bedford City Police, said he believed there were only four men inside the truck, all of whom were hospitalized.

Foreman said two were airlifted from the wreck — one to Lynchburg General Hospital, the other to Carilion Roanoke Memorial Hospital. The other two were taken by ambulance to Lynchburg and Bedford hospitals.

Their conditions and identities have not yet been provided.

Chief of the Forest Service expects 12 million to 15 million acres to burn annually due to higher temperatures

U.S. Forest Service Chief Tom Tidwell told a group in Boise Friday that in the future even more acres are going to burn and the cost of fighting fires will continue to rise. One of his answers to the problem, of course, is to increase timber sales by 20 percent.

As we pointed out November 23, so far this year the number of acres burned, 9,093,431, was the third highest total since national wildfire statistics have been kept beginning in 1960. Remaining at the number one and two spots are 2006 with 9.9 million, and 2007 with 9.3 million.

Rocky Barker wrote in the Idaho Statesman on Saturday:

Tidwell told the City Club of Boise that as many as 12 million to 15 million acres will burn annually now because of warming temperatures and drier years.

[...]

More than 30,000 homes have burned in the past decade, Tidwell said, including 3,000 just this year — homes in a Pocatello subdivision among them. Experts expect fires to keep claiming houses, but fuel-reduction steps can make communities safer and easier to protect, Tidwell said.

Federal budget cuts will make money more scarce, but communities are increasingly taking responsibility, he said. Flagstaff, Ariz., passed a $10 million bond to do forest restoration on private and federal land there.

The comments people have left at the bottom of the Idaho Statesman article are interesting.

Canadian Commission rejects changes to codes to protect communities

From the Edmonton Journal:

EDMONTON – A federal commission has rejected proposals to change Canada’s national construction codes to better protect communities from destructive wildfires.

The changes would have required builders in areas prone to forest fires to use less flammable building materials, to space buildings farther apart and to keep them clear of trees and vegetation.

[...]

The proposal for changes came from the National Fire Protection Association and an Alberta-based non-profit group called Partners in Protection.

The proposals were submitted to the commission before wildfires in May 2011 destroyed hundreds of homes in Slave Lake, Alta., and forced thousands of people to flee. The disaster cost more than $1 billion in damage, firefighting and relief costs.

Air tankers still on active duty

Two large air tankers are still on active duty, long past their normal mandatory availability periods. More information at FireAviation.com

Thanks go out to Dick

Differences between military and Forest Service accident investigations

Posted on November 30, 2012 by Bill Gabbert

The accident report on the fatal crash of the military C-130 MAFFS air tanker which was released yesterday illustrated one very important difference between accident investigations conducted by the military and the U.S. Forest Service. A notice on page two of the report points out that the findings of military aviation accident investigations are regulated by law, 10 U.S.C. 2254(d), which states:

Use of Information in Civil Proceedings.—For purposes of any civil or criminal proceeding arising from an aircraft accident, any opinion of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation report may not be considered as evidence in such proceeding, nor may such information be considered an admission of liability by the United States or by any person referred to in those conclusions or statements.

C-130 MAFFS air tanker crash, July 1, 2012. US Air Force photo

For fatal wildfire burnovers or entrapments of U.S. Forest Service employees, a law provides for just the opposite, thanks to a bill that was sponsored by Senator Maria Cantwell and U.S. Representative Doc Hastings, which became Public Law 107-203 in 2002:

In the case of each fatality of an officer or employee of the Forest Service that occurs due to wildfire entrapment or burnover, the Inspector General of the Department of Agriculture shall conduct an investigation of the fatality. The investigation shall not rely on, and shall be completely independent of, any investigation of the fatality that is conducted by the Forest Service.

The Cantwell-Hastings bill that was signed into law in 2002 was a knee-jerk reaction to the fatalities on the Thirtymile fire the previous year. The Department of Agriculture’s Inspector General’s office had no experience or training in the suppression or investigation of wildland fires. They are much more likely to be investigating violations at a chicken ranch than evaluating fire behavior and tactical decisions at a wildfire. The goal of the Inspector General investigation would be to determine if any crimes were committed, so that a firefighter could be charged and possibly sent to prison.

After the trainee wildland fire investigator for the OIG finished looking at the Thirtymile fire, on January 30, 2007 Ellreese Daniels, the crew boss of the four firefighters that died, was charged with 11 felonies, including four counts of manslaughter. The charges were later reduced to two counts of making false statements to which Mr. Daniels pleaded guilty on August 20, 2008. He was sentenced to three years of probation and 90 days of work release.

The criminal charges brought against the firefighter who may or may not have made some mistakes on the fire had a serious, chilling effect on wildland firefighters. Not only does it make them reluctant to speak to anyone about what happened on an accident, some even had second thoughts about their willingness to continue working in a professional they loved because potential criminal charges or convictions could ruin their lives and the livelihood of their families.

In addition, firefighters lawyering-up after an accident makes it difficult to discover the causes of an accident and to learn lessons which could save lives by preventing similar fatalities.

The four-fatality MAFFS accident was a complex chain of events involving many individuals and firefighting resources. But in spite of the complexity, the report was released to the public only four months after the accident, making it possible for lessons to be learned while reducing the chances of a similar accident taking more lives.

This short turnaround is unheard of in the wildland fire agencies in part due to the potential civil and criminal implications down the road.

This is literally a life and death issue – Senator Maria Cantwell’s and Representative Doc Hastings’ hastily conceived Public Law 107-203 must be repealed and replaced by one similar to 10 U.S.C. 2254(d), which serves the military very well. The Cantwell-Hastings law serves no useful purpose. Accidents are investigated, with or without the ridiculous law. It had unintended consequences and needs to be fixed.

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