The Okanogan County Electric Co-op has agreed to a $1.1 million settlement for the suppression costs of the deadly 2015 Twisp River Fire.
U.S. Attorney William D. Hyslop announced that the settlement had been reached with Okanogan County Electric Cooperative, Inc. (“OCEC”) and its insurer, requiring the payment of $1.1 million to the United States in fire suppression costs resulting from the Twisp River Fire that began on August 19, 2015 in north-central Washington.
The $1.1 million recovers a large portion of the U.S. Forest Service’s costs incurred in suppressing the fire. It was part of a larger settlement of claims that were brought separately by other plaintiffs, including U.S. Forest Service firefighter Daniel Lyon and the State of Washington, who sought to recover damages for personal injury and property damage caused by the fire.
The Twisp River Fire ultimately burned approximately 11,200 acres, claimed the lives of three USFS firefighters, and severely injured Mr. Lyon. He suffered third degree burns over nearly 70 percent of his body, but three other firefighters in the same engine died in the vehicle, according to the corner’s report, from smoke inhalation and thermal injuries. They were Richard Wheeler, 31; Andrew Zajac, 26; and Tom Zbyszewski, 20. All four were employees of the USFS working on the Okanogan/Wenatchee National Forest out of Twisp, Washington.
In January Mr. Lyon reached a settlement with two utility companies, OCEC and Douglas County PUD, just before an appeal of his $100 million civil suit was to be heard before the state Supreme Court. In that settlement the companies agreed to pay $5 million.
From the Wenatchee World, when the $5 million settlement was announced in January:
“I am very grateful that my case calls attention to the plight of injured first responders,” said Lyon, who was burned over most of his body and has undergone more than a dozen surgeries and 100 medical procedures. “I am also grateful my case has reached a settlement so that I can now move on with my life knowing I will have the resources I need for the future.”
Last July, his attorneys, in an appeals brief, argued the Professional Rescue Doctrine that largely bars such claims violates the state constitution, which gives people equal protection under the law and offers the right to seek compensation for damages.
Lyon’s attorneys note that courts in some other states, where the doctrine once held sway, have opted to throw it out.
An attorney for one of the two defendants, in an earlier interview, says the wounds Lyon suffered — however grievous — resulted from risks inherent to the dangerous job of firefighting.
“The law does not allow them (professional first responders) to sue — and there are good policy reasons behind that,” said A. Grant Lingg, who represents the Okanogan County Electric Cooperative. “You don’t want the people who start a fire to be afraid to call the fire department for fear that that an injured first responder will sue them.”
The video below is about the January settlement.
Thanks and a tip of the hat go out to Tom. Typos or errors, report them HERE.
A report has been released about the fatal helicopter crash that occurred on a prescribed fire in Texas, March 27, 2019. One of the passengers, Daniel Laird, was killed. The pilot and the other passenger were injured and transported to a hospital.
Tribute to Daniel Laird
Daniel, was born August 30, 1977 in Yuba City, California, the youngest of four siblings.
Daniel went to school at Grace Christian Academy, then on to Bridge Street School, and graduated from Yuba City High School in 1995. He joined the U.S. Forest Service after high school and worked his way up through the ranks to the position of Helitack Captain on the Tahoe National Forest. Daniel had served 23 years with the Forest Service.
Daniel was an avid fisherman, a staunch supporter of the Sacramento Kings, and a competitive golfer. He was also a Yuba City skateboarding icon. His greatest love and highest priority was always for his family.
Below are excerpts from the 33-page Facilitated Learning Analysis which goes into much more detail than seen here, and includes lessons learned. The excerpts are primarily from the viewpoint of Hailei who was in the front of the Airbus AS350B3 helicopter with Matthew, the pilot. Daniel Laird was in the back operating the Plastic Sphere Dispenser which dropped small spheres that ignite 30 to 45 seconds after being ejected from the machine. This was one of the methods used to ignite the prescribed fire that day, in addition to firefighters on the ground carrying hand-held devices.
It is common in reports like this to not use real names, but the document does not specify if they were changed.
The following events, from the time of the Mayday until the injured were transported to the hospital, occurred within a short amount of time, from 1409 to 1517. Those injured were actually receiving professional medical care on scene within 15 minutes of the Mayday. The excerpt begins at about 1408 just before finishing ignition on the prescribed fire.
Mayday – The On-Site Response
Hailei talked to Daniel and told him to get ready to turn off the Plastic Sphere Dispenser machine after they made the next turn. They were about to button the whole thing up. “We had one little piece we needed to do. We were 99.9 percent done. As soon as we made the turn, that’s when everything just stopped, and went silent,” Hailei recalls.
Hailei continues, “I looked at Matthew but I wish I would have looked back at Dan, too.” Matthew was fighting with the controls. She doesn’t remember doing it at the time, but Hailei asked Matthew, “What is happening?” He was busy with the controls. Hailei had the “push-to-talk” in her right hand. She keyed the mic and tried to say: “Kendall, we are going down.” But the only thing they heard on the radio was: “Kendall, we are going d . . .”
Hailei remembers hitting the tops of pine trees and then coming to. She later recalled, “I think I got knocked out. The last thing I remember, I was thinking of my daughter.”
Hailei said, “We [the helicopter] slid 50 feet down a live pine tree and rolled over onto our right side. I realized I was alive and then the pain hit. I undid my seatbelt and looked at [pilot] Matthew and saw a tree had come through between his leg and across his chest. I remember standing there and realized Matthew was alive because he was talking. He looked like he was hugging the pine tree. His head was laying on the PSD sphere bag. He said, ‘Help me move this bag.’ It seemed like forever to get the bag loose. As his seatbelt was unbuckled he fell out of the seat, but his foot was lodged. I had to crawl back in and twist his foot to get him loose.”
Hailei told Matthew: “We’ve got to go.”
She recalled seeing fire around them. She explained, “I wanted Matthew to get up but he couldn’t. I wanted him to get up so I could help him walk out. I wanted to get the fire shelters. I started thinking where the fire shelters were and started looking but couldn’t get to them.
Hailei continues, “I remember seeing Dan’s legs and thought ‘Please move your foot.’ But that never happened. I knew in my heart, he was gone. I thought about my training and remembered that fire extinguishers on board the aircraft are for people—not the aircraft. So I found the extinguisher and gave it to Matthew and said: ‘I have to go get help.’ The entire scene was very quiet for what had just happened.”
Hailei wanted her phone so she could call for help but couldn’t find it. Matthew was able to reach in the console and hand her his phone and she called FMO John. At that moment, John Kendall [Fire Management Officer on the Sam Houston National Forests] sees a Portland, Oregon phone number calling his phone. He remembered thinking that he didn’t recognize the number and he was trying to limit the time he was on the phone, but for some reason, he answered it.
It was Hailei on Matthew’s phone.
Hailei screamed for John to come get her. Hailei kept saying that she could not get the fire shelters from the helicopter. John told Hailei to move east away from the fire, but Hailei was unsure of where she was. Fire was spreading all around them. She told John, “We can’t get out of here.” Upon hearing this plural pronoun, John surmised that there must be at least two alive.
Right then, Hailei looked down and her phone was lying in the grass in front of her. She quickly hung-up with John and put the pilot’s cell phone in her pocket. She called her boyfriend with her phone and told him: “My helicopter crashed, I think one of my crew members is dead, please call my daughter. I don’t want her to find out about this on social media or the news.”
Hailei ends the call with her boyfriend, calls John back on her phone, and tells him that she could hear the UTV. He told her to hang up and call Robbie because he was closer to her.
She called [prescribed fire crewmember] Robbie from her cell phone. Robbie picked up the call. Hailei told him she heard the UTV drive past her. She told them to turn around, drive back, and pick her up.
Hailei remembers: “I thought I was going to have to walk through fire but a path opened up.” Robbie recalled seeing her through the fire. She was in an unburned pocket within the burn unit. Hailei recalls: “I got to Robbie who picked me up and carried me to the UTV where I had a meltdown. I then asked Robbie to stay with me.”
Prescribed Fire Crew Member, Brody, ran by. Hailei told him to hurry because fire was coming and she pointed toward the crashed helicopter. He headed that way and was first on scene at the helicopter. Then Jack, the firefighter who was serving as trail guard and weather observer, responded quickly. Robbie told him, “You need to grab a hand tool.” Jack grabbed a hand tool from the UTV and headed into the crash site following Brody’s path.
When Brody found the helicopter he saw pilot Matthew on his hands and knees under the ship. He recalled, “I asked if he was okay and he said ‘yes.’ I asked about Daniel, and the pilot didn’t know his condition. I ran around and looked and noticed the position of Daniel’s body and knew he was pinned. I knew the only way to help was to keep fire away. I helped the pilot up. I knew there was likely to be fuel everywhere, so I went out away from there and began to dig line.”
At about 1421, Jack met up with Brody at the helicopter as Brody was putting in a handline. Jack saw that Matthew was up and walking around. Jack asked Matthew if he could walk out. Matthew didn’t exactly answer his question, but explained that he didn’t have a fire shelter. Jack gave Matthew his fire shelter and said: “If we need to evacuate, I will open-up the fire shelter and we will leave together.”
Jack asked Matthew to “Show me the location of the PSD Operator so I can check him for signs of life.” Matthew pointed in the general direction and replied: “I don’t believe he made it.” He also informed,
“You can’t get to him.” Jack walked in that direction and quickly determined that, because of the helicopter’s position, he couldn’t get to Daniel.
Jack started helping Brody finish the handline and they started lighting a backfire with lighters. Jack was working on the fireline while having an ongoing conversation with Matthew.
Robbie started driving—very carefully—Hailei out on the UTV. She asked, “Where are we going? Robbie replied, “I want to get you a little better help.” She said, “Well, you can go a little faster.”
It took them about 10 minutes to get to the ambulance. While on the UTV, Robbie gently told Hailei that once he got her to the ambulance he would need to go back to help at the crash site. However, at 1426, once they made it out to the ambulance, FMO John told Robbie to stay with Hailei because there were enough people at the scene and he wanted Hailei to know that she was supported.
Robbie gave Hailei a few minutes to calm down. Hailei called her supervisor, Toby, the Helicopter Program Manager, at 1430. He didn’t know the crash had happened and answered in a calm laidback voice, “What’s going on?” Hailei explained that the helicopter went down. She reported that she was fine and Matthew was fine but that she wasn’t sure about Daniel. She then handed the phone to Robbie. Toby asked Robbie about Daniel. Robbie informed that Daniel was still unconscious. Toby cancelled the scheduled post-burn recon for the Davy Crockett burn, had a conversation with his pilot, and both agreed to fly back to the Angelina airport. Toby then began to make his way to the hospital in Conroe.
At around 1507, Sam called Dispatch to say Hailei was in route to the hospital. Hailei recalls that Robbie rode in the front of the ambulance and it made her feel better to know that he was going with her. She also recalls that the Medic in the back of the ambulance also made her feel calm. She said, “I was mad because they cut my favorite pair of Nomex off me. I told them not to cut off my boots but to unlace them and tuck my socks in them! After all I went through, my concern at the time was that I didn’t want to get stuck by a needle. The Medic said, ‘You won’t even know’—and I didn’t. I was so impressed.”
While on the way to the hospital, the Medic was answering Hailei’s phone calls and responding to texts for her. One of these phone calls was from Hailei’s dad. The Medic was able to reassure and calm him about Hailei’s condition.
Honoring Daniel with the Utmost Respect and Dignity
The Montgomery Fire Department stabilized the helicopter with lifts that they had carried in. Based on their experiences, they had packed in quite a bit of stabilizing equipment. But because of the position of the helicopter, they only needed a few pieces of equipment to secure it.
While waiting for the Justice of the Peace to arrive, they decided that they would not remove Daniel until they were able to honor him with the utmost respect and dignity. A member of the Montgomery Fire Department requested an American flag be brought to the scene. At 1622, the Justice of the Peace confirmed that Daniel had expired.
Bob, the Angelina/Sabine Assistant Fire Management Officer (AFMO), recalls pulling up to the scene when everyone was waiting for Daniel to be brought out. He said, “We got in line and Daniel was brought out wrapped in an American flag. It was something to see.”
Surprisingly, Hailei was released within three hours of arriving at the hospital. Evan continued to stay with Matthew until James arrived late that night.
4 Crashes 16 Years 8 Lives Lost
The helicopter crash on March 27 that claimed Daniel Laird’s life has opened up old wounds from previous helicopter crashes, including: the 2003 space shuttle support crash (two fatalities, Charles Krenek and Buzz Miller); the 2005 Sabine National Forest crash (three fatalities, Jon Greeno, Charles Edger, and Jack Gonzalez); and the 2015 De Soto National Forest crash (two fatalities, Steve Cobb and Brandon Ricks).
There have also been numerous helicopter near-misses that have left a lasting impression on those involved. Some qualified personnel on the National Forests and Grasslands in Texas no longer want to be included in helicopter operations. These realizations have left employees asking large-scale questions about the nature of their work.
Thanks and a tip of the hat go out to Cory. Typos or errors, report them HERE.
A wildfire in southwest China’s Sichuan province killed 19 people on Monday, including 18 firefighters according to state news agency Xinhua. It started on a farm and pushed by strong winds spread into mountains burning 1,000 hectares (2,471 acres) by Monday night. It now directly threatens major facilities in downtown Xichang, including a petroleum storage facility and four schools.
About 690,000 people live in the city, which is about 210 miles southwest of provincial capital Chengdu.
In the tweet below, firefighters appear to be in a precarious location:
Captain Hughes died when a 105-foot tall Ponderosa Pine fell in an unexpected direction on the Ferguson Fire on the Sierra National Forest near Yosemite National Park in California.
A Tree Falling Accident Analysis was completed by the Wildland Fire Lessons Learned Center at the request of the the U.S. Forest Service and the National Park Service. Their study compares 53 incidents from 2004 to 2019 in which firefighters were injured or killed in the process of falling trees.
Anyone involved in tree falling should read the entire 17-page report, but here are some of their findings:
53% of the time the tree fell in the intended direction.
28% of the time, the tree impacted another tree during its fall—including 2 of the 8 fatalities.
19% of the time, the top broke out and came back—including 2 of the 8 fatalities.
Of all the reports that included recommendations, 21% recommended enhancing training related to tree conditions (like rot) and species-specific traits.
19% of the time, the sawyer was working on a hung-up tree— including two of the eight fatalities.
51% of the time, the incident involved a direct helmet strike.
Of the reports that include recommendations, 24% recommended research and development related to wildland fire helmets.
42% of the time, the person struck was not cutting—including in 5 of the 8 fatalities.
24% of the reports recommended somehow improving safe work distance and compliance.
40% of the time, the person struck was in the traditional escape route—including in 5 of the 8 fatalities.
79% of the reports recommended improving risk assessment.
13% of the time, the tree strike happened during training— including in 2 of the 8 fatalities.
26% of the reports recommended improving faller training.
21% of the reports recommended enhancing training related to tree conditions (like rot) and species-specific traits.
On Sunday, three forest watchers were killed after they were trapped inside a major wildfire in the Vadakkanchery forest range in the Thrissur district of Kerala.
Divakaran, Velayudhan, and Shankaran were killed while trying to douse a fire that broke out at Desamangalam on the district’s border.
The fire which, authorities believe was set deliberately by some miscreants was reported on Sunday morning and by afternoon it had got out of control.
Following the death of the three guards, there are allegations that the department was not prepared to deal with wildfires, which is going to spike in the next few months.
In fact, it is not just Kerala, forest departments across the country are severely ill-equipped when it comes to controlling wildfires. The kind of deployment of resources in Australia bushfire is something that India can only dream of. Many see this as the result of not having a well thought out policy at the national level.
Our sincere condolences go out to the family, friends, and coworkers of the three men.
The events unfolded quickly on September 1. After being reported at about 1600 the Incident Commander sized it up nine minutes later at five to ten acres spreading rapidly in grass and brush.
Wearing his turnout pants, Assistant Chief Johnson loaded into B341 (a 2012 Ford F450 Type 6 Brush Truck) and stowed his turnout jacket on the back of the truck between the cab and a rear-mounted storage compartment. At 1615 the Chief arrived at the fire with another firefighter. Eleven minutes later a MAYDAY was called for the entrapment.
Upon arrival Chief Johnson and the firefighter, identified as the “external firefighter” in the report, began a mobile attack, with the Chief driving the truck and the firefighter operating a nozzle. They were working along an old cat trail from an earlier fire, identified as “Old Fireline” on the aerial photo.
After a few minutes the wind direction shifted from blowing parallel with the cat line, generally south, to southeasterly and aligned with the small swale shown on the aerial photo. This pushed the fire rapidly toward the road and the two firefighters. The Chief yelled at the other firefighter to drop the hose and move.
From the report:
The exterior firefighter didn’t open the passenger door; fire was immediately at his back and had caught the passenger mirror on fire. He ran around to the driver’s side of B341 and climbed on the outside of the truck again. As fire moved under B341, Assistant Chief Johnson attempted to drive B341 away from the area. After traveling five or six feet, B341 “lurched” and then became immobilized. With flames rolling up the exterior firefighter’s legs, visible on the passenger side of the vehicle itself, under the truck and in front of them, both the exterior firefighter and Assistant Chief Johnson exited the vehicle to escape the fire. Assistant Chief Johnson and the exterior firefighter ran toward the old cat trail at slightly different angles. In Assistant Chief Johnson’s path, hidden by vegetation, lay a substantial field of rocks and metal debris (Figure 9). While it is impossible to know for certain, it is thought Assistant Chief Johnson may have become entangled in the debris and was overtaken by fire.
The exterior firefighter, with fire surrounding him—and at times reaching up between his legs—was able to escape the advancing fire. The exterior firefighter and the fire reached the road at approximately the same instant.
As it was starved of fuel, the roaring and crackling of the fire quieted and the exterior firefighter from B341 immediately turned around to head back into the black and reestablish contact with Assistant Chief Johnson. The firefighter located Assistant Chief Johnson approximately 150 feet from the exterior of B341. The MAYDAY was called at 1626.
Just before 1655, the surface winds shifted to a south-southwesterly direction. This pushed a “finger” of fire north of the structures on the eastern flank and increased fire behavior in the area. At approximately 1655, the engine on the eastern flank requested air support as “we are trapped here” and they needed water to continue effective structure protection. A helicopter in the area had already spotted the flare-up and was able to deliver water within seconds of the radio call. At least one additional water drop was completed by a [single engine air tanker].
The report does not specify exactly where the first burnover occurred, but there are clues that it was near the “Swale.”
During the burnover the Chief was not wearing his turnout jacket, which after the incident was still stowed behind the truck’s cab. The report concluded that the lack of personal protective equipment above the waist contributed to the severity of his injuries.
The external firefighter was quoted as saying, “The only reason I am alive is because I had all this [structural] gear on. Without that I wouldn’t have even made it back to the truck.”
The investigation found a low oxygen code recorded in the truck’s electronic system. There was no time associated with the code, so it can’t be determined if it occurred while the vehicle was surrounded by fire or if it was the cause or symptom of the truck being immobilized.
There have been a number of incidents in which firefighting vehicles stalled in very dense smoke.
The Pratt Tribune reported in 2010 that “smoke suffocated the carburetor” causing the engine on a brush truck to stall. The firefighters on the truck escaped unharmed into the black, or previously burned area, but the truck was not as fortunate.
The report on the death of one firefighter at the 2011 Coal Canyon Fire in South Dakota does not speculate why the engine on a truck died in heavy smoke as the fire overran the vehicle with two people inside. Two firefighters were entrapped in the engine. One remained entrapped and died; the other escaped.
Personnel involved in the Spring Coulee Fire highlighted six core lessons. These lessons are focused on communications, training, medical pre-positioning and medical evacuation coordination, vehicles, access, and personal protective equipment.
The Epilog is from the report:
“Christian Johnson, 55, of Okanogan, Washington passed away Wednesday, October 2, 2019 from injuries sustained in the Spring Coulee Fire south of Okanogan. Christian was born in 1963 in Salem, Oregon, to James and Margaret Johnson. He grew up in Salem, graduating from South Salem High School in 1982. Christian began college at Oregon State University, but felt he had a larger calling and joined the Army. Christian served from 1983-1986 in the 82nd Airborne Division where he achieved the rank of Sergeant. After being honorably discharged, Christian continued his duty by joining the Oregon Army National Guard. He then returned to college and graduated from Chemeketa Community College in Salem in 1988 with an A.A. in Building Inspection Technology. Christian accepted a position as a building inspector in Washington for Okanogan County and later transferred as building official and permit administrator to the cities of Oroville, Tonasket, and Okanogan. He also transferred to the Washington National Guard where, along with his Charlie Company of the 1-161 Infantry Regiment, he deployed to Iraq. Christian served from November 2003–April 2005. Upon returning home, Christian retired from the National Guard after a total of 22 years of service. In Okanogan, Christian found another call to duty and in May of 1999, he joined the Okanogan Fire Department where he served as the Assistant Fire Chief and Secretary of the Okanogan Volunteer Fire Department Association.”