Man Who Hired Dozer Driver Killed in Big Sur Fire Sentenced for Breaking Labor Laws
A Contractor Died Fighting a 2016 Wildfire – His Employer Was Just Convicted of Violating Labor Laws
Trial to Shed Light on Status of Workers Hired to Help Fight California Wildfires
Report Calls Forest Service Response to 2016 Big Sur Fire a 'Firefighting Boondoggle'
Same Fire, Different Protections
Employer of Contractor Killed in Soberanes Fire Pleads Not Guilty
Prosecutors File Criminal Charges Against Employer of Contractor Killed in Big Sur Wildfire
Casualties in Big Sur Blaze Point to Hazards of 'Wildfire Gig Economy'
Family of Bulldozer Operator Killed in Soberanes Fire Suing California
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Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"},"shutson":{"type":"authors","id":"11216","meta":{"index":"authors_1591205172","id":"11216","found":true},"name":"Sonja Hutson","firstName":"Sonja","lastName":"Hutson","slug":"shutson","email":"shutson@kqed.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Sonja Hutson is a former reporter for KQED's Silicon Valley desk and weekend newscasts. She primarily covers tech and housing. Sonja is a Bay Area native and now lives in San Francisco. When she's not working, you can find her camping, skiing, scuba diving, and struggling with the New York Times Crossword. Email: \u003ca href=\"mailto:shutson@kqed.org\">shutson@kqed.org. \u003c/a>Twitter: \u003ca href=\"https://twitter.com/SonjaHutson\">@SonjaHutson\u003c/a>","avatar":"https://secure.gravatar.com/avatar/7537c5e36818614e599b6c0f41d72b7a?s=600&d=blank&r=g","twitter":"SonjaHutson","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["author"]},{"site":"news","roles":["subscriber"]}],"headData":{"title":"Sonja Hutson | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/7537c5e36818614e599b6c0f41d72b7a?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/7537c5e36818614e599b6c0f41d72b7a?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/shutson"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal 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FM","link":"/"}},"news_11791106":{"type":"posts","id":"news_11791106","meta":{"index":"posts_1591205157","site":"news","id":"11791106","score":null,"sort":[1576272654000]},"guestAuthors":[],"slug":"man-who-hired-dozer-driver-killed-in-big-sur-fire-sentenced-for-labor-law-violations","title":"Man Who Hired Dozer Driver Killed in Big Sur Fire Sentenced for Breaking Labor Laws","publishDate":1576272654,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>Updated 8:30 a.m. on 12/14/19\u003c/em>\u003c/p>\n\u003cp>A Monterey County judge has sentenced the employer of the only person to die in 2016's Soberanes Fire to 300 days of home confinement and three years of felony probation for violating a series of state labor laws.\u003c/p>\n\u003cp>Ian Czirban employed Robert Reagan, a contract bulldozer operator \u003ca href=\"https://www.kqed.org/news/11042061/cal-fire-probe-details-death-of-dozer-driver-in-big-sur-blaze\" target=\"_blank\" rel=\"noopener noreferrer\">killed\u003c/a> in the first days of a blaze that eventually burned more 130,000 acres in the mountains along the Big Sur coast.\u003c/p>\n\u003cp>Czirban was \u003ca href=\"https://www.kqed.org/news/11780384/employer-in-key-wildfire-gig-economy-trial-from-soberanes-blaze-found-guilty\" target=\"_blank\" rel=\"noopener noreferrer\">convicted\u003c/a> in October of two counts of willfully failing to file a payroll tax return, one count of not carrying workers' compensation and one count of filing a false document.\u003c/p>\n\u003cp>Friday's sentencing by Monterey County Superior Court Judge Andrew Liu ends one chapter in a case that highlighted the prominent role of independent contractors in fighting California wildfires and illustrated some of the many \u003ca href=\"https://www.kqed.org/news/11367902/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy\" target=\"_blank\" rel=\"noopener noreferrer\">dangers\u003c/a> they face on the fire lines.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Reagan died late the night of July 26, 2016, shortly after beginning a shift operating a bulldozer assigned to create a containment line on one flank of the Soberanes Fire. He suffered fatal injuries when his dozer flipped over on a steep slope.\u003c/p>\n\u003cp>Reagan left behind a wife, Morgan Kemple, and two young children. They have \u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener noreferrer\">struggled financially in the aftermath of his death, in part because Czirban did not carry a valid workers' comp policy.\u003c/a>\u003c/p>\n\u003cp>But Kemple joined Czirban's lawyer, Daniel Olmos, in asking the judge to be lenient in the sentencing.\u003c/p>\n\u003cp>\"I am thankful that he will not serve time in jail,\" Kemple said in a text message Friday. \"I specifically asked the judge not to take him from his children for any length of time.\"\u003c/p>\n\u003cp>In a sentencing memo filed before Friday's hearing, Olmos wrote that Czirban, too, has had a tough time in the aftermath of Reagan's death. He lost his contractor's license and faced financial trouble, the attorney told the court, but has worked hard to be a good father for his son and three daughters.\u003c/p>\n\u003cp>\"More than anything, he does not want to leave his family,\" Olmos wrote.\u003c/p>\n\u003cp>\"Regarding the death of Mr. Reagan, Ian regrets not doing enough to protect the families of loved ones who perform dangerous work. He continues to believe that he is innocent of criminal charges, but he grieves daily for the loss of his friend and for the continuing hardship of Mr. Reagan's family,\" Olmos wrote.\u003c/p>\n\u003cp>Monterey County Deputy District Attorney John Hubanks praised the sentencing.\u003c/p>\n\u003cp>\"The court's sentence conveys a strong message to individuals who operate in - or are tempted to operate in - California's underground economy in order to evade state tax and insurance obligations,\" Hubanks said in an email.\u003c/p>\n\u003cp>Czirban is expected to serve half of his sentence because of state law for probationary and other nonviolent sentences, according to Olmos, who plans to appeal the conviction.\u003c/p>\n\u003cp>Olmos indicated in his sentencing document that the key to his appeal argument will be that Reagan was not Czirban's employee but instead, an independent contractor.\u003c/p>\n\u003cp>\"It is entirely likely that this case will provide an additional opportunity for higher courts to consider whether to continue the shift toward limiting the circumstances in which employers are permitted to designate workers as independent contractors,\" Olmos wrote.\u003c/p>\n\u003cp>He was referring to a 2018 California Supreme Court decision, \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\" target=\"_blank\" rel=\"noopener noreferrer\">Dynamex Operations West v. Superior Court\u003c/a>, that generally made it harder for businesses to classify workers as independent contractors. The decision prompted this year's \u003ca href=\"https://www.kqed.org/news/11774025/which-jobs-will-be-impacted-by-ab-5-californias-landmark-employment-measure\" target=\"_blank\" rel=\"noopener noreferrer\">AB 5\u003c/a>, now signed into law, which created exemptions in the general worker classification rules for some industries and professions.\u003c/p>\n\u003cp>A hearing on how much Czirban will be sentenced to pay in restitution has yet to be scheduled. Hubanks said his office will ask the court to have Czirban compensate Kemple and her children.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The two sides return to court Jan. 20.\u003c/p>\n\n","blocks":[],"excerpt":"The case involved a firefighting contractor's failure to obtain workers' compensation insurance as required by state law. ","status":"publish","parent":0,"modified":1576350866,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":650},"headData":{"title":"Man Who Hired Dozer Driver Killed in Big Sur Fire Sentenced for Breaking Labor Laws | KQED","description":"The case involved a firefighting contractor's failure to obtain workers' compensation insurance as required by state law. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11791106 https://ww2.kqed.org/news/?p=11791106","disqusUrl":"https://ww2.kqed.org/news/2019/12/13/man-who-hired-dozer-driver-killed-in-big-sur-fire-sentenced-for-labor-law-violations/","disqusTitle":"Man Who Hired Dozer Driver Killed in Big Sur Fire Sentenced for Breaking Labor Laws","path":"/news/11791106/man-who-hired-dozer-driver-killed-in-big-sur-fire-sentenced-for-labor-law-violations","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 8:30 a.m. on 12/14/19\u003c/em>\u003c/p>\n\u003cp>A Monterey County judge has sentenced the employer of the only person to die in 2016's Soberanes Fire to 300 days of home confinement and three years of felony probation for violating a series of state labor laws.\u003c/p>\n\u003cp>Ian Czirban employed Robert Reagan, a contract bulldozer operator \u003ca href=\"https://www.kqed.org/news/11042061/cal-fire-probe-details-death-of-dozer-driver-in-big-sur-blaze\" target=\"_blank\" rel=\"noopener noreferrer\">killed\u003c/a> in the first days of a blaze that eventually burned more 130,000 acres in the mountains along the Big Sur coast.\u003c/p>\n\u003cp>Czirban was \u003ca href=\"https://www.kqed.org/news/11780384/employer-in-key-wildfire-gig-economy-trial-from-soberanes-blaze-found-guilty\" target=\"_blank\" rel=\"noopener noreferrer\">convicted\u003c/a> in October of two counts of willfully failing to file a payroll tax return, one count of not carrying workers' compensation and one count of filing a false document.\u003c/p>\n\u003cp>Friday's sentencing by Monterey County Superior Court Judge Andrew Liu ends one chapter in a case that highlighted the prominent role of independent contractors in fighting California wildfires and illustrated some of the many \u003ca href=\"https://www.kqed.org/news/11367902/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy\" target=\"_blank\" rel=\"noopener noreferrer\">dangers\u003c/a> they face on the fire lines.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Reagan died late the night of July 26, 2016, shortly after beginning a shift operating a bulldozer assigned to create a containment line on one flank of the Soberanes Fire. He suffered fatal injuries when his dozer flipped over on a steep slope.\u003c/p>\n\u003cp>Reagan left behind a wife, Morgan Kemple, and two young children. They have \u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener noreferrer\">struggled financially in the aftermath of his death, in part because Czirban did not carry a valid workers' comp policy.\u003c/a>\u003c/p>\n\u003cp>But Kemple joined Czirban's lawyer, Daniel Olmos, in asking the judge to be lenient in the sentencing.\u003c/p>\n\u003cp>\"I am thankful that he will not serve time in jail,\" Kemple said in a text message Friday. \"I specifically asked the judge not to take him from his children for any length of time.\"\u003c/p>\n\u003cp>In a sentencing memo filed before Friday's hearing, Olmos wrote that Czirban, too, has had a tough time in the aftermath of Reagan's death. He lost his contractor's license and faced financial trouble, the attorney told the court, but has worked hard to be a good father for his son and three daughters.\u003c/p>\n\u003cp>\"More than anything, he does not want to leave his family,\" Olmos wrote.\u003c/p>\n\u003cp>\"Regarding the death of Mr. Reagan, Ian regrets not doing enough to protect the families of loved ones who perform dangerous work. He continues to believe that he is innocent of criminal charges, but he grieves daily for the loss of his friend and for the continuing hardship of Mr. Reagan's family,\" Olmos wrote.\u003c/p>\n\u003cp>Monterey County Deputy District Attorney John Hubanks praised the sentencing.\u003c/p>\n\u003cp>\"The court's sentence conveys a strong message to individuals who operate in - or are tempted to operate in - California's underground economy in order to evade state tax and insurance obligations,\" Hubanks said in an email.\u003c/p>\n\u003cp>Czirban is expected to serve half of his sentence because of state law for probationary and other nonviolent sentences, according to Olmos, who plans to appeal the conviction.\u003c/p>\n\u003cp>Olmos indicated in his sentencing document that the key to his appeal argument will be that Reagan was not Czirban's employee but instead, an independent contractor.\u003c/p>\n\u003cp>\"It is entirely likely that this case will provide an additional opportunity for higher courts to consider whether to continue the shift toward limiting the circumstances in which employers are permitted to designate workers as independent contractors,\" Olmos wrote.\u003c/p>\n\u003cp>He was referring to a 2018 California Supreme Court decision, \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\" target=\"_blank\" rel=\"noopener noreferrer\">Dynamex Operations West v. Superior Court\u003c/a>, that generally made it harder for businesses to classify workers as independent contractors. The decision prompted this year's \u003ca href=\"https://www.kqed.org/news/11774025/which-jobs-will-be-impacted-by-ab-5-californias-landmark-employment-measure\" target=\"_blank\" rel=\"noopener noreferrer\">AB 5\u003c/a>, now signed into law, which created exemptions in the general worker classification rules for some industries and professions.\u003c/p>\n\u003cp>A hearing on how much Czirban will be sentenced to pay in restitution has yet to be scheduled. Hubanks said his office will ask the court to have Czirban compensate Kemple and her children.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The two sides return to court Jan. 20.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11791106/man-who-hired-dozer-driver-killed-in-big-sur-fire-sentenced-for-labor-law-violations","authors":["258"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_26846","news_25785","news_19724","news_4463"],"featImg":"news_11042174","label":"news_72"},"news_11780384":{"type":"posts","id":"news_11780384","meta":{"index":"posts_1591205157","site":"news","id":"11780384","score":null,"sort":[1571269087000]},"guestAuthors":[],"slug":"employer-in-key-wildfire-gig-economy-trial-from-soberanes-blaze-found-guilty","title":"A Contractor Died Fighting a 2016 Wildfire – His Employer Was Just Convicted of Violating Labor Laws","publishDate":1571269087,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A Monterey County Superior Court judge found the employer of the only person to die in the massive 2016 Soberanes Fire criminally guilty of violating several labor laws in a case that debated whether heavy equipment operators hired to help the state battle wildfires are independent contractors or employees.\u003c/p>\n\u003cp>Judge Andrew Liu announced the verdict in a Salinas courtroom on Wednesday afternoon for Ian Czirban, who employed Robert Reagan, a contract bulldozer operator killed while fighting the blaze that grew to more than 130,000 acres near Big Sur.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Morgan Kemple, widow of Robert Reagan, killed fighting the Soberanes Fire\"]'[Cal Fire] contractors are repetitively claiming to have no employees. There needs to be a change.'[/pullquote]\u003c/p>\n\u003cp>Liu ruled that Czirban was guilty of two counts of willfully failing to file a payroll tax return, one count of not having workers' comp and one count of filing a false document.\u003c/p>\n\u003cp>\"My biggest hope is that this opens Cal Fire's eyes,\" said Morgan Kemple, Reagan's widow, in a text message after the verdict. \u003c/p>\n\u003cp>After Reagan died, two other heavy equipment contractors were killed helping state fire crews battle large blazes whose employers also did not have workers' comp.\u003c/p>\n\u003cp>\"Their contractors are repetitively claiming to have no employees. There needs to be a change and I sincerely hope this creates needed change,\" Kemple said.\u003c/p>\n\u003cp>Reagan, 35, of Fresno County died after the dozer he was operating \u003ca href=\"https://www.kqed.org/news/11042061/cal-fire-probe-details-death-of-dozer-driver-in-big-sur-blaze\" rel=\"noopener\" target=\"_blank\">toppled down an embankment\u003c/a> on July 26, 2016, several days after what was once the most expensive wildfire in U.S. history to fight began.\u003c/p>\n\u003cp>Reagan left behind Kemple and two children. They \u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener\">struggled in the aftermath of his death\u003c/a>, in part, because the company he worked for, Madera County-based Czirban Concrete Construction, did not have a valid workers' comp policy.\u003c/p>\n\u003cp>[aside postID=news_11367902 label='No Workers Comp in a Dangerous Line of Work' hero='https://ww2.kqed.org/wp-content/uploads/sites/10/2017/04/2016_09_20-16.07.59.194-CDT-1180x885.jpeg']Heavy equipment firms that contract with Cal Fire and the U.S. Forest Service are required to have workers' comp. After state regulators determined the company lacked the benefit, Monterey County prosecutors charged Czirban with insurance and workers' compensation fraud and failure to pay taxes, among other counts.\u003c/p>\n\u003cp>Czirban pleaded not guilty. More than three years after the fire and Reagan's death, the \u003ca href=\"https://www.kqed.org/news/11749704/trial-to-shed-light-on-status-of-workers-hired-to-fight-california-wildfires\" target=\"_blank\" rel=\"noopener\">case\u003c/a> has come to a close.\u003c/p>\n\u003cp>In each of the next two years following Reagan's death, heavy equipment operators employed by small firms who contract with Cal Fire died helping battle some of California's worst fires.\u003c/p>\n\u003cp>In fact, the verdict comes two years to the day after Garrett Paiz, a private contractor helping firefighters battle the Nuns Fire, was \u003ca href=\"https://www.kqed.org/news/11636192/chp-blames-bad-brakes-for-crash-that-killed-water-tender-driver-in-north-bay-fires\" rel=\"noopener\" target=\"_blank\">killed after the water tanker he was driving crashed\u003c/a> in Napa County on Oct. 16 2017.\u003c/p>\n\u003cp>State regulators determined that his employer, Red Bluff-based Tehama Transport, did not have workers' comp. The state Labor Commissioner's Office \u003ca href=\"https://www.kqed.org/news/11702314/state-penalizes-firm-that-employed-dozer-operator-killed-in-carr-fire\" rel=\"noopener\" target=\"_blank\">fined the firm\u003c/a> and shut it down.\u003c/p>\n\u003cp>Two years to the day after Reagan died, bulldozer operator Donald Ray Smith, 81, of Pollock Pines in El Dorado County, was killed during the Carr Fire near Redding when the rapidly growing fire overtook him. The company he worked for, Robert Dominikus General Engineering, did not have workers' comp either. State officials cited the company.\u003c/p>\n\u003cp>The verdict sends a message to heavy equipment contractors, according to Veena Dubal, an associate professor at UC Hastings College of the Law, who specializes in employment and has followed cases involving heavy equipment contractors in California's wildfire gig economy.\u003c/p>\n\u003cp>\"If they continue to misclassify their workers and fail to provide the required workers' compensation insurance, as required by law, then they are taking a huge personal risk,\" Dubal said in an email.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Monterey County's successful prosecution could prompt district attorneys in other jurisdictions to prosecute similar cases, she said.\u003c/p>\n\u003cp>\"Cal Fire should also be on notice. They need to do more than require that contractors say they carry workers' compensation,\" Dubal said, adding that the agency should do a better job of vetting their contractors documentation.\u003c/p>\n\u003cp>A Cal Fire spokesman has yet to comment on the ruling.\u003c/p>\n\u003cp>Kemple, Reagan's widow, said prosecutors in Napa and Shasta counties should pursue similar cases.\u003c/p>\n\u003cp>\"I hope this gives those counties motivation to file on those families' behalf's as well,\" Reagan said.\u003c/p>\n\u003cp>[aside postID=news_11405049 label='Online Fundraising Where Workers Comp Should Be' hero='https://ww2.kqed.org/wp-content/uploads/sites/10/2017/04/reagan-family-photo-1180x1476.jpg']At the crux of the prosecution's argument was what's become a familiar one in California's wars over workers' rights — that Czirban was Reagan's employer.\u003c/p>\n\u003cp>\"We are aware of the underground economy. That was a theme in this case,\" said John Hubanks, Monterey County deputy district attorney, in a courthouse interview after the verdict was read.\u003c/p>\n\u003cp>\"We felt pretty clearly that he was the employer. The law, under the facts in this case, was very clear,\" Hubanks said, adding that Czirban owned the bulldozer that Reagan was driving when he died, he paid people to drive it and he signed a contract for his company to do business with Cal Fire.\u003c/p>\n\u003cp>In court arguments, Hubanks argued that Czirban filed a false workers' comp insurance certificate, leading Cal Fire officials to believe they were hiring a firm abiding by the rules.\u003c/p>\n\u003cp>Hubanks said the fact that Czirban was convicted of not having workers comp means that he may have to pay restitution to Kemple and her two children.\u003c/p>\n\u003cp>\"To me that was the crux of the case,\" Hubanks said. \"I'm hoping the court will do the right thing and grant restitution.\"\u003c/p>\n\u003cp>The judge found Czirban not guilty of insurance fraud and filing a false workers' compensation exemption.\u003c/p>\n\u003cp>Czirban is due to be sentenced Dec. 13. Along with restitution, he faces the possibility of time behind bars in the county jail and probation, according to Hubanks.\u003c/p>\n\u003cp>Czirban's attorney argued that Reagan was not a traditional employee, but instead a contractor and that Czirban did not file false information or mislead anyone.\u003c/p>\n\u003cp>His attorney, Daniel Olmos, declined to comment after the hearing.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Wednesday’s ruling may impact an aspect of the gig economy you don't hear much about - firefighting contractors - and could provide restitution to relatives of Robert Reagan, a bulldozer operator killed in a massive 2016 Big Sur blaze.","status":"publish","parent":0,"modified":1571272569,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1048},"headData":{"title":"A Contractor Died Fighting a 2016 Wildfire – His Employer Was Just Convicted of Violating Labor Laws | KQED","description":"Wednesday’s ruling may impact an aspect of the gig economy you don't hear much about - firefighting contractors - and could provide restitution to relatives of Robert Reagan, a bulldozer operator killed in a massive 2016 Big Sur blaze.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11780384 https://ww2.kqed.org/news/?p=11780384","disqusUrl":"https://ww2.kqed.org/news/2019/10/16/employer-in-key-wildfire-gig-economy-trial-from-soberanes-blaze-found-guilty/","disqusTitle":"A Contractor Died Fighting a 2016 Wildfire – His Employer Was Just Convicted of Violating Labor Laws","path":"/news/11780384/employer-in-key-wildfire-gig-economy-trial-from-soberanes-blaze-found-guilty","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Monterey County Superior Court judge found the employer of the only person to die in the massive 2016 Soberanes Fire criminally guilty of violating several labor laws in a case that debated whether heavy equipment operators hired to help the state battle wildfires are independent contractors or employees.\u003c/p>\n\u003cp>Judge Andrew Liu announced the verdict in a Salinas courtroom on Wednesday afternoon for Ian Czirban, who employed Robert Reagan, a contract bulldozer operator killed while fighting the blaze that grew to more than 130,000 acres near Big Sur.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'[Cal Fire] contractors are repetitively claiming to have no employees. There needs to be a change.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Morgan Kemple, widow of Robert Reagan, killed fighting the Soberanes Fire","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Liu ruled that Czirban was guilty of two counts of willfully failing to file a payroll tax return, one count of not having workers' comp and one count of filing a false document.\u003c/p>\n\u003cp>\"My biggest hope is that this opens Cal Fire's eyes,\" said Morgan Kemple, Reagan's widow, in a text message after the verdict. \u003c/p>\n\u003cp>After Reagan died, two other heavy equipment contractors were killed helping state fire crews battle large blazes whose employers also did not have workers' comp.\u003c/p>\n\u003cp>\"Their contractors are repetitively claiming to have no employees. There needs to be a change and I sincerely hope this creates needed change,\" Kemple said.\u003c/p>\n\u003cp>Reagan, 35, of Fresno County died after the dozer he was operating \u003ca href=\"https://www.kqed.org/news/11042061/cal-fire-probe-details-death-of-dozer-driver-in-big-sur-blaze\" rel=\"noopener\" target=\"_blank\">toppled down an embankment\u003c/a> on July 26, 2016, several days after what was once the most expensive wildfire in U.S. history to fight began.\u003c/p>\n\u003cp>Reagan left behind Kemple and two children. They \u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener\">struggled in the aftermath of his death\u003c/a>, in part, because the company he worked for, Madera County-based Czirban Concrete Construction, did not have a valid workers' comp policy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11367902","label":"No Workers Comp in a Dangerous Line of Work ","hero":"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/04/2016_09_20-16.07.59.194-CDT-1180x885.jpeg"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Heavy equipment firms that contract with Cal Fire and the U.S. Forest Service are required to have workers' comp. After state regulators determined the company lacked the benefit, Monterey County prosecutors charged Czirban with insurance and workers' compensation fraud and failure to pay taxes, among other counts.\u003c/p>\n\u003cp>Czirban pleaded not guilty. More than three years after the fire and Reagan's death, the \u003ca href=\"https://www.kqed.org/news/11749704/trial-to-shed-light-on-status-of-workers-hired-to-fight-california-wildfires\" target=\"_blank\" rel=\"noopener\">case\u003c/a> has come to a close.\u003c/p>\n\u003cp>In each of the next two years following Reagan's death, heavy equipment operators employed by small firms who contract with Cal Fire died helping battle some of California's worst fires.\u003c/p>\n\u003cp>In fact, the verdict comes two years to the day after Garrett Paiz, a private contractor helping firefighters battle the Nuns Fire, was \u003ca href=\"https://www.kqed.org/news/11636192/chp-blames-bad-brakes-for-crash-that-killed-water-tender-driver-in-north-bay-fires\" rel=\"noopener\" target=\"_blank\">killed after the water tanker he was driving crashed\u003c/a> in Napa County on Oct. 16 2017.\u003c/p>\n\u003cp>State regulators determined that his employer, Red Bluff-based Tehama Transport, did not have workers' comp. The state Labor Commissioner's Office \u003ca href=\"https://www.kqed.org/news/11702314/state-penalizes-firm-that-employed-dozer-operator-killed-in-carr-fire\" rel=\"noopener\" target=\"_blank\">fined the firm\u003c/a> and shut it down.\u003c/p>\n\u003cp>Two years to the day after Reagan died, bulldozer operator Donald Ray Smith, 81, of Pollock Pines in El Dorado County, was killed during the Carr Fire near Redding when the rapidly growing fire overtook him. The company he worked for, Robert Dominikus General Engineering, did not have workers' comp either. State officials cited the company.\u003c/p>\n\u003cp>The verdict sends a message to heavy equipment contractors, according to Veena Dubal, an associate professor at UC Hastings College of the Law, who specializes in employment and has followed cases involving heavy equipment contractors in California's wildfire gig economy.\u003c/p>\n\u003cp>\"If they continue to misclassify their workers and fail to provide the required workers' compensation insurance, as required by law, then they are taking a huge personal risk,\" Dubal said in an email.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Monterey County's successful prosecution could prompt district attorneys in other jurisdictions to prosecute similar cases, she said.\u003c/p>\n\u003cp>\"Cal Fire should also be on notice. They need to do more than require that contractors say they carry workers' compensation,\" Dubal said, adding that the agency should do a better job of vetting their contractors documentation.\u003c/p>\n\u003cp>A Cal Fire spokesman has yet to comment on the ruling.\u003c/p>\n\u003cp>Kemple, Reagan's widow, said prosecutors in Napa and Shasta counties should pursue similar cases.\u003c/p>\n\u003cp>\"I hope this gives those counties motivation to file on those families' behalf's as well,\" Reagan said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11405049","label":"Online Fundraising Where Workers Comp Should Be ","hero":"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/04/reagan-family-photo-1180x1476.jpg"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>At the crux of the prosecution's argument was what's become a familiar one in California's wars over workers' rights — that Czirban was Reagan's employer.\u003c/p>\n\u003cp>\"We are aware of the underground economy. That was a theme in this case,\" said John Hubanks, Monterey County deputy district attorney, in a courthouse interview after the verdict was read.\u003c/p>\n\u003cp>\"We felt pretty clearly that he was the employer. The law, under the facts in this case, was very clear,\" Hubanks said, adding that Czirban owned the bulldozer that Reagan was driving when he died, he paid people to drive it and he signed a contract for his company to do business with Cal Fire.\u003c/p>\n\u003cp>In court arguments, Hubanks argued that Czirban filed a false workers' comp insurance certificate, leading Cal Fire officials to believe they were hiring a firm abiding by the rules.\u003c/p>\n\u003cp>Hubanks said the fact that Czirban was convicted of not having workers comp means that he may have to pay restitution to Kemple and her two children.\u003c/p>\n\u003cp>\"To me that was the crux of the case,\" Hubanks said. \"I'm hoping the court will do the right thing and grant restitution.\"\u003c/p>\n\u003cp>The judge found Czirban not guilty of insurance fraud and filing a false workers' compensation exemption.\u003c/p>\n\u003cp>Czirban is due to be sentenced Dec. 13. Along with restitution, he faces the possibility of time behind bars in the county jail and probation, according to Hubanks.\u003c/p>\n\u003cp>Czirban's attorney argued that Reagan was not a traditional employee, but instead a contractor and that Czirban did not file false information or mislead anyone.\u003c/p>\n\u003cp>His attorney, Daniel Olmos, declined to comment after the hearing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11780384/employer-in-key-wildfire-gig-economy-trial-from-soberanes-blaze-found-guilty","authors":["258"],"programs":["news_72"],"categories":["news_19906","news_6188","news_8","news_356"],"tags":["news_6383","news_19542","news_18512","news_17994","news_26846","news_19904","news_25785","news_19724","news_17041","news_4463"],"featImg":"news_11042174","label":"news_72"},"news_11749704":{"type":"posts","id":"news_11749704","meta":{"index":"posts_1591205157","site":"news","id":"11749704","score":null,"sort":[1559068248000]},"guestAuthors":[],"slug":"trial-to-shed-light-on-status-of-workers-hired-to-fight-california-wildfires","title":"Trial to Shed Light on Status of Workers Hired to Help Fight California Wildfires","publishDate":1559068248,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The man who hired the only person to die fighting a fire that scorched more than 130,000 acres near Big Sur in 2016 is going on trial this week.\u003c/p>\n\u003cp>Ian Czirban employed Robert Reagan, a contract bulldozer operator killed in the Soberanes Fire.\u003c/p>\n\u003cp>Reagan, 35, of Fresno County, died after the bulldozer he was operating toppled down an embankment several days after the Monterey County wildfire began in July 2016, leaving behind a wife and two children.\u003c/p>\n\u003cp>But this week's trial is not about the fire or what caused Reagan's death. Instead, it is centered on the employment status and protections for workers who take on some of the most dangerous jobs on California's fire lines every year.\u003c/p>\n\u003cp>Reagan's death led to investigations by Cal Fire, state workplace regulators and the Contractors State License Board, who determined that Czirban, the owner of Madera County-based Czirban Concrete Construction, did not have a valid workers' compensation insurance policy, a benefit he was required to have if he employed others to operate his equipment.\u003c/p>\n\u003cp>[aside postID='news_11712938,news_11629233,news_11453905,news_11453905' label='More on the Soberanes Fire']\u003c/p>\n\u003cp>In fact, each year since Reagan's death, workers operating heavy equipment for private employers who contract with Cal Fire to help California battle large wildfires have been killed on the job. None of those employers had workers' compensation insurance.\u003c/p>\n\u003cp>In October 2017, Garrett Paiz died after the water tanker he was driving crashed in Napa County. Paiz was a private contractor helping firefighters battle the Nuns Fire, one of a series of blazes that devastated the North Bay.\u003c/p>\n\u003cp>After the crash, state regulators learned that his employer, Red Bluff-based Tehama Transport, did not have workers' compensation insurance, leading the state Labor Commissioner's Office to fine the company and order it to shut down.\u003c/p>\n\u003cp>Last year, the commissioner's office cited Robert Dominikus General Engineering, the El Dorado County firm that hired Donald Ray Smith, an 82-year-old bulldozer driver who died during the Carr Fire in Redding, after it learned the company did not have valid workers' comp coverage.\u003c/p>\n\u003cp>In the Soberanes Fire case, Monterey County District Attorney's charged Czirban with insurance and workers' comp fraud and failure to pay taxes, among other counts.\u003c/p>\n\u003cp>He has pleaded not guilty. Close to three years after Reagan's death, his trial is due to begin in a Salinas courtroom Tuesday.\u003c/p>\n\u003cp>Prosecutors say Czirban operated his business without workers' comp for more than two years.\u003c/p>\n\u003cp>\"For awhile, the defendant's gamble paid, as his seasonal bulldozer contract with CalFire earned him about $156,000 in income while he was able to avoid expensive insurance for clearly hazardous work,\" Deputy District Attorney John Hubanks wrote in trial brief filed last week.\u003c/p>\n\u003cp>Hubanks says Czirban filed false documents with Cal Fire, had a history of contractors license suspensions and failed to maintain workers comp coverage for years.\u003c/p>\n\u003cp>Czirban argues that Reagan was not an employee, but instead an independent contractor. Both prosecutors and the defense note that Czirban and Reagan agreed via text to an arrangement in which Reagan would be paid $625 a day for operating the dozer at the Soberanes Fire.\u003c/p>\n\u003cp>\"There is no evidence that Mr. Reagan had ever done paid work for Czirban Concrete Construction before this agreement,\" defense attorney Daniel Olmos wrote.\u003c/p>\n\u003cp>Reagan, who was working at night in unfamiliar terrain, was killed within minutes after he began operating the dozer.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Olmos plans to call Keith Wolford, who worked for Cal Fire between 2004 and 2017, supervising heavy equipment contractors. Wolford plans to testify that more than 80 percent of the contractors he supervised used independent contractors.\u003c/p>\n\u003cp>The fact that Czirban is being criminal prosecuted sends an unusually strong message to employers in California, according to Veena Dubal, an associate professor at UC Hastings College of Law, who specializes in employment and has followed cases involving heavy equipment contractors in Californias wildfire gig economy.\u003c/p>\n\u003cp>\"Those who violate California employment laws by fraudulently misclassifying their workers as independent contractors may face not only civil penalties, but also criminal ones,\" Dubal said. \"For other Cal Fire contractors, the message here is very clear: not treating your workers as employees is a gamble that could put you behind bars,\" she said.\u003c/p>\n\u003cp>But California should do the same for bigger companies, Dubal said.\u003c/p>\n\u003cp>\"There is some injustice in this man being prosecuted while large, multi-national corporations regularly misclassify their workers,\" she said.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Case centers on the death of a Fresno County man who took job operating a bulldozer during 2016 fire in Big Sur. ","status":"publish","parent":0,"modified":1559152886,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":748},"headData":{"title":"Trial to Shed Light on Status of Workers Hired to Help Fight California Wildfires | KQED","description":"Case centers on the death of a Fresno County man who took job operating a bulldozer during 2016 fire in Big Sur. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11749704 https://ww2.kqed.org/news/?p=11749704","disqusUrl":"https://ww2.kqed.org/news/2019/05/28/trial-to-shed-light-on-status-of-workers-hired-to-fight-california-wildfires/","disqusTitle":"Trial to Shed Light on Status of Workers Hired to Help Fight California Wildfires","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/05/GoldbergDozerTrial.mp3","audioTrackLength":67,"path":"/news/11749704/trial-to-shed-light-on-status-of-workers-hired-to-fight-california-wildfires","audioDuration":67000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The man who hired the only person to die fighting a fire that scorched more than 130,000 acres near Big Sur in 2016 is going on trial this week.\u003c/p>\n\u003cp>Ian Czirban employed Robert Reagan, a contract bulldozer operator killed in the Soberanes Fire.\u003c/p>\n\u003cp>Reagan, 35, of Fresno County, died after the bulldozer he was operating toppled down an embankment several days after the Monterey County wildfire began in July 2016, leaving behind a wife and two children.\u003c/p>\n\u003cp>But this week's trial is not about the fire or what caused Reagan's death. Instead, it is centered on the employment status and protections for workers who take on some of the most dangerous jobs on California's fire lines every year.\u003c/p>\n\u003cp>Reagan's death led to investigations by Cal Fire, state workplace regulators and the Contractors State License Board, who determined that Czirban, the owner of Madera County-based Czirban Concrete Construction, did not have a valid workers' compensation insurance policy, a benefit he was required to have if he employed others to operate his equipment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11712938,news_11629233,news_11453905,news_11453905","label":"More on the Soberanes Fire "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In fact, each year since Reagan's death, workers operating heavy equipment for private employers who contract with Cal Fire to help California battle large wildfires have been killed on the job. None of those employers had workers' compensation insurance.\u003c/p>\n\u003cp>In October 2017, Garrett Paiz died after the water tanker he was driving crashed in Napa County. Paiz was a private contractor helping firefighters battle the Nuns Fire, one of a series of blazes that devastated the North Bay.\u003c/p>\n\u003cp>After the crash, state regulators learned that his employer, Red Bluff-based Tehama Transport, did not have workers' compensation insurance, leading the state Labor Commissioner's Office to fine the company and order it to shut down.\u003c/p>\n\u003cp>Last year, the commissioner's office cited Robert Dominikus General Engineering, the El Dorado County firm that hired Donald Ray Smith, an 82-year-old bulldozer driver who died during the Carr Fire in Redding, after it learned the company did not have valid workers' comp coverage.\u003c/p>\n\u003cp>In the Soberanes Fire case, Monterey County District Attorney's charged Czirban with insurance and workers' comp fraud and failure to pay taxes, among other counts.\u003c/p>\n\u003cp>He has pleaded not guilty. Close to three years after Reagan's death, his trial is due to begin in a Salinas courtroom Tuesday.\u003c/p>\n\u003cp>Prosecutors say Czirban operated his business without workers' comp for more than two years.\u003c/p>\n\u003cp>\"For awhile, the defendant's gamble paid, as his seasonal bulldozer contract with CalFire earned him about $156,000 in income while he was able to avoid expensive insurance for clearly hazardous work,\" Deputy District Attorney John Hubanks wrote in trial brief filed last week.\u003c/p>\n\u003cp>Hubanks says Czirban filed false documents with Cal Fire, had a history of contractors license suspensions and failed to maintain workers comp coverage for years.\u003c/p>\n\u003cp>Czirban argues that Reagan was not an employee, but instead an independent contractor. Both prosecutors and the defense note that Czirban and Reagan agreed via text to an arrangement in which Reagan would be paid $625 a day for operating the dozer at the Soberanes Fire.\u003c/p>\n\u003cp>\"There is no evidence that Mr. Reagan had ever done paid work for Czirban Concrete Construction before this agreement,\" defense attorney Daniel Olmos wrote.\u003c/p>\n\u003cp>Reagan, who was working at night in unfamiliar terrain, was killed within minutes after he began operating the dozer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Olmos plans to call Keith Wolford, who worked for Cal Fire between 2004 and 2017, supervising heavy equipment contractors. Wolford plans to testify that more than 80 percent of the contractors he supervised used independent contractors.\u003c/p>\n\u003cp>The fact that Czirban is being criminal prosecuted sends an unusually strong message to employers in California, according to Veena Dubal, an associate professor at UC Hastings College of Law, who specializes in employment and has followed cases involving heavy equipment contractors in Californias wildfire gig economy.\u003c/p>\n\u003cp>\"Those who violate California employment laws by fraudulently misclassifying their workers as independent contractors may face not only civil penalties, but also criminal ones,\" Dubal said. \"For other Cal Fire contractors, the message here is very clear: not treating your workers as employees is a gamble that could put you behind bars,\" she said.\u003c/p>\n\u003cp>But California should do the same for bigger companies, Dubal said.\u003c/p>\n\u003cp>\"There is some injustice in this man being prosecuted while large, multi-national corporations regularly misclassify their workers,\" she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11749704/trial-to-shed-light-on-status-of-workers-hired-to-fight-california-wildfires","authors":["258"],"programs":["news_72"],"categories":["news_6188","news_8","news_356"],"tags":["news_6383","news_25785","news_19724","news_17041","news_4463"],"featImg":"news_11042174","label":"news_72"},"news_11712938":{"type":"posts","id":"news_11712938","meta":{"index":"posts_1591205157","site":"news","id":"11712938","score":null,"sort":[1544997976000]},"guestAuthors":[],"slug":"report-calls-forest-service-response-to-2016-big-sur-fire-a-firefighting-boondoggle","title":"Report Calls Forest Service Response to 2016 Big Sur Fire a 'Firefighting Boondoggle'","publishDate":1544997976,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A new report slams the U.S. Forest Service response to a massive 2016 wildfire near Big Sur as \"inappropriate, excessive and ineffective\" and calls it emblematic of the agency's overall spending tactics.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.fusee.org/wp-content/uploads/2018/12/Soberanes-Fire-Final-Report.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a>, assembled by the advocacy group Firefighters United for Safety, Ethics, and Ecology, closely examined how the agency fought the 2016 Soberanes Fire near Big Sur. It was the most expensive wildfire in U.S. history, costing $262 million to fight.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch2>\u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener\">Widow Of Bulldozer Operator Killed In Soberanes Fire Struggles To Get By\u003c/a>\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/SoberanesNight-800x468.jpg\">\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>The blaze was started by an illegal campfire in Garrapata State Park outside Carmel on July 22, 2016, and quickly spread, destroying 57 homes and \u003ca href=\"https://www.kqed.org/news/11453905/employer-of-contractor-killed-in-soberanes-fire-pleads-not-guilty\" target=\"_blank\" rel=\"noopener\">killing a dozer operator\u003c/a> in the first week. It then continued to burn for months in Los Padres National Forest and the Ventana Wilderness, away from any homes or residents.\u003c/p>\n\u003cp>The report argues the aggressive firefighting tactics used in the remote, uninhabited areas were not only unnecessary, but they were also executed poorly.\u003c/p>\n\u003cp>\"It was conventional firefighting actions but conducted in or adjacent to ... very rugged remote uninhabited wildland,\" lead author Timothy Ingalsbee said. \"The agency should shift its priorities from these backcountry firefighting boondoggles into really concentrating suppression resources on protecting homes and communities that cannot burn. Many of these backcountry wildlands must burn.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Fire is part of the natural ecology of wildlands. It is necessary for the life cycle of certain trees, allows growth on the forest floor, reduces fuel for future fires and increases water supply, according to \u003ca href=\"http://www.fire.ca.gov/communications/downloads/live_w_fire.pdf\">Cal Fire.\u003c/a> And because of that, Ingalsbee says, it's excessive to spend so much money fighting fires that don't threaten buildings or human life.\u003c/p>\n\u003cp>The FUSEE report also argues that the unnecessarily aggressive tactics used to fight the Soberanes Fire were ineffective. According to the report, firefighters dropped retardant away from flames and fire lines and built dozer lines outside areas where the fire had stopped spreading on its own.\u003c/p>\n\u003cp>\"These techniques failed to stop the spread of fire, cost taxpayers millions of dollars and left long-lasting scars on the land,\" Ingalsbee said.\u003c/p>\n\u003cp>Fire retardant cannot stop fire spread on its own without the support of ground crews clearing vegetation on containment lines. During the Soberanes Fire, 110 miles of continuous lines of retardant were dropped in \"looping patterns\" in remote areas, some of which no firefighters were sent to due to safety concerns.\u003c/p>\n\u003cp>Retardant was sometimes dropped several miles from active flames in places the wildfire never reached, or it was dropped outside of containment lines where firefighters could reasonably expect the fire would not spread to.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch2>\u003ca href=\"https://www.kqed.org/science/1927354/controlled-burns-can-help-solve-californias-fire-problem-so-why-arent-there-more-of-them\" target=\"_blank\" rel=\"noopener\">Why California's Best Strategy Against Wildfire Is Hardly Ever Used\u003c/a>\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/science/1927354/controlled-burns-can-help-solve-californias-fire-problem-so-why-arent-there-more-of-them\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/science/wp-content/uploads/sites/35/2018/07/IMG_0118.jpg\">\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>The report also took issue with the 60 miles of dozer lines firefighters cut into the wilderness during the Soberanes firefight. According to the report, the dozer lines did help stop the fire spread in some instances but was ineffective in others. Some dozer lines were cut miles away from the fire's edge and existing fire lines dug by hand.\u003c/p>\n\u003cp>\"The dozer lines left lasting scenic impacts on the land, not only from denuding vegetation and damaging soils, but also introducing potential for the spread of invasive weeds and illegal use by off-road vehicles,\" the report said.\u003c/p>\n\u003cp>The Forest Service spent roughly $1 million per day for weeks after the fire was contained to repair hiking trails and other areas damaged by dozer lines.\u003c/p>\n\u003cp>Ingalsbee also says limited congressional oversight of the Forest Service's budget allowed the agency to use expensive tactics, like air tankers and dozers, even when they were ineffective.\u003c/p>\n\u003cp>\"It is kind of a blank check program,\" Ingalsbee said. \"It's all framed under this state of emergency and put all fires out at all times, all places, at all costs. And that's simply not sustainable.\"\u003c/p>\n\u003cp>An internal Forest Service review of its response to the fire obtained by the Associated Press raised \u003ca href=\"https://apnews.com/f92cc1767c33459c9312d6fa408cdd50?utm_source=Twitter&utm_medium=APWestRegion&utm_campaign=SocialFlow\" target=\"_blank\" rel=\"noopener\">similar concerns\u003c/a>, finding a firefighting culture overly concerned with aggressive suppression that leads to waste:\u003c/p>\n\u003cblockquote>\u003cp>For example, the department's review found that from Aug. 9 to Sept. 29, 2016, the number of threatened structures remained at 400 even as the fire grew by more than 90 square miles, which indicated the risk to property had abated as the flames burned into the wilderness. During that period, firefighting costs grew by $140 million.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The Forest Service did not respond to a KQED request for comment, but said in a statement to the Associated Press, \"Protection of people first and then resources are our primary considerations. Every fire is evaluated to determine the appropriate strategy. We continually look for opportunities to improve outcomes and accountability and to find more cost-efficient and effective methods of managing wildfires.”\u003c/p>\n\n","blocks":[],"excerpt":"The report argues the U.S. Forest Service needs to shift from excessive spending on fires in unpopulated areas and dedicate resources to fires that threaten property and lives.","status":"publish","parent":0,"modified":1545076277,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":797},"headData":{"title":"Report Calls Forest Service Response to 2016 Big Sur Fire a 'Firefighting Boondoggle' | KQED","description":"The report argues the U.S. Forest Service needs to shift from excessive spending on fires in unpopulated areas and dedicate resources to fires that threaten property and lives.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11712938 https://ww2.kqed.org/news/?p=11712938","disqusUrl":"https://ww2.kqed.org/news/2018/12/16/report-calls-forest-service-response-to-2016-big-sur-fire-a-firefighting-boondoggle/","disqusTitle":"Report Calls Forest Service Response to 2016 Big Sur Fire a 'Firefighting Boondoggle'","path":"/news/11712938/report-calls-forest-service-response-to-2016-big-sur-fire-a-firefighting-boondoggle","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A new report slams the U.S. Forest Service response to a massive 2016 wildfire near Big Sur as \"inappropriate, excessive and ineffective\" and calls it emblematic of the agency's overall spending tactics.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.fusee.org/wp-content/uploads/2018/12/Soberanes-Fire-Final-Report.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a>, assembled by the advocacy group Firefighters United for Safety, Ethics, and Ecology, closely examined how the agency fought the 2016 Soberanes Fire near Big Sur. It was the most expensive wildfire in U.S. history, costing $262 million to fight.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch2>\u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener\">Widow Of Bulldozer Operator Killed In Soberanes Fire Struggles To Get By\u003c/a>\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/SoberanesNight-800x468.jpg\">\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>The blaze was started by an illegal campfire in Garrapata State Park outside Carmel on July 22, 2016, and quickly spread, destroying 57 homes and \u003ca href=\"https://www.kqed.org/news/11453905/employer-of-contractor-killed-in-soberanes-fire-pleads-not-guilty\" target=\"_blank\" rel=\"noopener\">killing a dozer operator\u003c/a> in the first week. It then continued to burn for months in Los Padres National Forest and the Ventana Wilderness, away from any homes or residents.\u003c/p>\n\u003cp>The report argues the aggressive firefighting tactics used in the remote, uninhabited areas were not only unnecessary, but they were also executed poorly.\u003c/p>\n\u003cp>\"It was conventional firefighting actions but conducted in or adjacent to ... very rugged remote uninhabited wildland,\" lead author Timothy Ingalsbee said. \"The agency should shift its priorities from these backcountry firefighting boondoggles into really concentrating suppression resources on protecting homes and communities that cannot burn. Many of these backcountry wildlands must burn.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Fire is part of the natural ecology of wildlands. It is necessary for the life cycle of certain trees, allows growth on the forest floor, reduces fuel for future fires and increases water supply, according to \u003ca href=\"http://www.fire.ca.gov/communications/downloads/live_w_fire.pdf\">Cal Fire.\u003c/a> And because of that, Ingalsbee says, it's excessive to spend so much money fighting fires that don't threaten buildings or human life.\u003c/p>\n\u003cp>The FUSEE report also argues that the unnecessarily aggressive tactics used to fight the Soberanes Fire were ineffective. According to the report, firefighters dropped retardant away from flames and fire lines and built dozer lines outside areas where the fire had stopped spreading on its own.\u003c/p>\n\u003cp>\"These techniques failed to stop the spread of fire, cost taxpayers millions of dollars and left long-lasting scars on the land,\" Ingalsbee said.\u003c/p>\n\u003cp>Fire retardant cannot stop fire spread on its own without the support of ground crews clearing vegetation on containment lines. During the Soberanes Fire, 110 miles of continuous lines of retardant were dropped in \"looping patterns\" in remote areas, some of which no firefighters were sent to due to safety concerns.\u003c/p>\n\u003cp>Retardant was sometimes dropped several miles from active flames in places the wildfire never reached, or it was dropped outside of containment lines where firefighters could reasonably expect the fire would not spread to.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch2>\u003ca href=\"https://www.kqed.org/science/1927354/controlled-burns-can-help-solve-californias-fire-problem-so-why-arent-there-more-of-them\" target=\"_blank\" rel=\"noopener\">Why California's Best Strategy Against Wildfire Is Hardly Ever Used\u003c/a>\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/science/1927354/controlled-burns-can-help-solve-californias-fire-problem-so-why-arent-there-more-of-them\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/science/wp-content/uploads/sites/35/2018/07/IMG_0118.jpg\">\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>The report also took issue with the 60 miles of dozer lines firefighters cut into the wilderness during the Soberanes firefight. According to the report, the dozer lines did help stop the fire spread in some instances but was ineffective in others. Some dozer lines were cut miles away from the fire's edge and existing fire lines dug by hand.\u003c/p>\n\u003cp>\"The dozer lines left lasting scenic impacts on the land, not only from denuding vegetation and damaging soils, but also introducing potential for the spread of invasive weeds and illegal use by off-road vehicles,\" the report said.\u003c/p>\n\u003cp>The Forest Service spent roughly $1 million per day for weeks after the fire was contained to repair hiking trails and other areas damaged by dozer lines.\u003c/p>\n\u003cp>Ingalsbee also says limited congressional oversight of the Forest Service's budget allowed the agency to use expensive tactics, like air tankers and dozers, even when they were ineffective.\u003c/p>\n\u003cp>\"It is kind of a blank check program,\" Ingalsbee said. \"It's all framed under this state of emergency and put all fires out at all times, all places, at all costs. And that's simply not sustainable.\"\u003c/p>\n\u003cp>An internal Forest Service review of its response to the fire obtained by the Associated Press raised \u003ca href=\"https://apnews.com/f92cc1767c33459c9312d6fa408cdd50?utm_source=Twitter&utm_medium=APWestRegion&utm_campaign=SocialFlow\" target=\"_blank\" rel=\"noopener\">similar concerns\u003c/a>, finding a firefighting culture overly concerned with aggressive suppression that leads to waste:\u003c/p>\n\u003cblockquote>\u003cp>For example, the department's review found that from Aug. 9 to Sept. 29, 2016, the number of threatened structures remained at 400 even as the fire grew by more than 90 square miles, which indicated the risk to property had abated as the flames burned into the wilderness. During that period, firefighting costs grew by $140 million.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The Forest Service did not respond to a KQED request for comment, but said in a statement to the Associated Press, \"Protection of people first and then resources are our primary considerations. Every fire is evaluated to determine the appropriate strategy. We continually look for opportunities to improve outcomes and accountability and to find more cost-efficient and effective methods of managing wildfires.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11712938/report-calls-forest-service-response-to-2016-big-sur-fire-a-firefighting-boondoggle","authors":["11216"],"programs":["news_72"],"categories":["news_19906","news_8","news_356"],"tags":["news_20341","news_19542","news_19724","news_20792"],"featImg":"news_11712972","label":"news_72"},"news_11629233":{"type":"posts","id":"news_11629233","meta":{"index":"posts_1591205157","site":"news","id":"11629233","score":null,"sort":[1510183206000]},"guestAuthors":[],"slug":"same-fire-different-protections","title":"Same Fire, Different Protections","publishDate":1510183206,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>A \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=850.4.\">1963 law\u003c/a> blocks firefighting contractors from suing the state of California.\u003c/p>\n\u003cp>Hundreds of private contractors help California battle wildfires, yet these contract workers \u003ca href=\"https://ww2.kqed.org/news/2017/11/08/a-1960s-law-blocks-firefighting-contractors-from-suing-state/\">get different protections\u003c/a> than state employees.\u003c/p>\n\u003cp>The companies that help Cal Fire battle wildfires are supposed to have current workers' compensation coverage for their employees -- but KQED has found three instances over the past year or so where that is not the case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A 1963 law blocks firefighting contractors from suing the state. Some firms employing contractors seriously injured or killed fighting fires did not have the required workers' comp coverage.","status":"publish","parent":0,"modified":1510183258,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":69},"headData":{"title":"Same Fire, Different Protections | KQED","description":"A 1963 law blocks firefighting contractors from suing the state. Some firms employing contractors seriously injured or killed fighting fires did not have the required workers' comp coverage.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11629233 https://ww2.kqed.org/news/?p=11629233","disqusUrl":"https://ww2.kqed.org/news/2017/11/08/same-fire-different-protections/","disqusTitle":"Same Fire, Different Protections","path":"/news/11629233/same-fire-different-protections","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=850.4.\">1963 law\u003c/a> blocks firefighting contractors from suing the state of California.\u003c/p>\n\u003cp>Hundreds of private contractors help California battle wildfires, yet these contract workers \u003ca href=\"https://ww2.kqed.org/news/2017/11/08/a-1960s-law-blocks-firefighting-contractors-from-suing-state/\">get different protections\u003c/a> than state employees.\u003c/p>\n\u003cp>The companies that help Cal Fire battle wildfires are supposed to have current workers' compensation coverage for their employees -- but KQED has found three instances over the past year or so where that is not the case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11629233/same-fire-different-protections","authors":["3236"],"series":["news_18515"],"categories":["news_19906","news_457","news_8"],"tags":["news_6383","news_20341","news_20150","news_18512","news_20949","news_19724"],"featImg":"news_11629266","label":"news_18515"},"news_11453905":{"type":"posts","id":"news_11453905","meta":{"index":"posts_1591205157","site":"news","id":"11453905","score":null,"sort":[1494610598000]},"guestAuthors":[],"slug":"employer-of-contractor-killed-in-soberanes-fire-pleads-not-guilty","title":"Employer of Contractor Killed in Soberanes Fire Pleads Not Guilty","publishDate":1494610598,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The owner of a company that hired Robert Reagan, the bulldozer operator \u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\">killed\u003c/a> in the most expensive wildfire in U.S. history, pleaded not guilty to seven criminal counts in Monterey County Superior Court on Thursday.\u003c/p>\n\u003cp>Prosecutors \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire/\">have charged\u003c/a> Ian Czirban with two counts of insurance fraud, two counts of filing a forged document, tax evasion, failure to collect taxes and failure to provide workers’ compensation insurance.\u003c/p>\n\u003cp>All but one of the charges are felonies.\u003c/p>\n\u003cp>During the court hearing Czirban agreed not to engage in contracting jobs as his criminal case moves forward, according to Monterey County Managing Deputy District Attorney Ed Hazel. Czirban currently owns Czirban Concrete Construction, an agency bulldozer contractor in the Madera County town of Coarsegold. [contextly_sidebar id=\"HTFtLUbwOoN90ZUK0CuZzMeYw3LPbaSG\"]\u003c/p>\n\u003cp>Czirban appeared with his attorney, Daniel Olmos, a Palo Alto-based lawyer specializing in financial fraud. Olmos declined to comment on the case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Czirban is scheduled to return to court on June 28 to set his preliminary hearing.\u003c/p>\n\u003cp>The arraignment came two months after \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire/\" target=\"_blank\" rel=\"noopener noreferrer\">prosecutors charged Czirban,\u003c/a> who recruited Reagan in the early days of the Soberanes Fire near Big Sur last July.\u003c/p>\n\u003cp>Reagan’s death prompted investigations by\u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\" rel=\"noopener noreferrer\"> Cal Fire\u003c/a>, \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\" rel=\"noopener noreferrer\">state workplace regulators\u003c/a> and the state agency that keeps tabs on California’s construction industry. The incident led to a wrongful death \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit \u003c/a>against the state. And, it's made life tough for \u003ca href=\"https://ww2.kqed.org/news/2017/04/18/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by/\" target=\"_blank\" rel=\"noopener noreferrer\">the family Reagan left behind\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>It also brought attention to \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\" rel=\"noopener noreferrer\">vulnerabilities faced by hundreds of private contractors\u003c/a> that help battle California’s wildfires year after year.\u003c/p>\n\n","blocks":[],"excerpt":"The case brought attention to vulnerabilities faced by private contractors that help battle California’s wildfires.","status":"publish","parent":0,"modified":1494624834,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":269},"headData":{"title":"Employer of Contractor Killed in Soberanes Fire Pleads Not Guilty | KQED","description":"The case brought attention to vulnerabilities faced by private contractors that help battle California’s wildfires.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11453905 https://ww2.kqed.org/news/?p=11453905","disqusUrl":"https://ww2.kqed.org/news/2017/05/12/employer-of-contractor-killed-in-soberanes-fire-pleads-not-guilty/","disqusTitle":"Employer of Contractor Killed in Soberanes Fire Pleads Not Guilty","path":"/news/11453905/employer-of-contractor-killed-in-soberanes-fire-pleads-not-guilty","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The owner of a company that hired Robert Reagan, the bulldozer operator \u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\">killed\u003c/a> in the most expensive wildfire in U.S. history, pleaded not guilty to seven criminal counts in Monterey County Superior Court on Thursday.\u003c/p>\n\u003cp>Prosecutors \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire/\">have charged\u003c/a> Ian Czirban with two counts of insurance fraud, two counts of filing a forged document, tax evasion, failure to collect taxes and failure to provide workers’ compensation insurance.\u003c/p>\n\u003cp>All but one of the charges are felonies.\u003c/p>\n\u003cp>During the court hearing Czirban agreed not to engage in contracting jobs as his criminal case moves forward, according to Monterey County Managing Deputy District Attorney Ed Hazel. Czirban currently owns Czirban Concrete Construction, an agency bulldozer contractor in the Madera County town of Coarsegold. \u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Czirban appeared with his attorney, Daniel Olmos, a Palo Alto-based lawyer specializing in financial fraud. Olmos declined to comment on the case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Czirban is scheduled to return to court on June 28 to set his preliminary hearing.\u003c/p>\n\u003cp>The arraignment came two months after \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire/\" target=\"_blank\" rel=\"noopener noreferrer\">prosecutors charged Czirban,\u003c/a> who recruited Reagan in the early days of the Soberanes Fire near Big Sur last July.\u003c/p>\n\u003cp>Reagan’s death prompted investigations by\u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\" rel=\"noopener noreferrer\"> Cal Fire\u003c/a>, \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\" rel=\"noopener noreferrer\">state workplace regulators\u003c/a> and the state agency that keeps tabs on California’s construction industry. The incident led to a wrongful death \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit \u003c/a>against the state. And, it's made life tough for \u003ca href=\"https://ww2.kqed.org/news/2017/04/18/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by/\" target=\"_blank\" rel=\"noopener noreferrer\">the family Reagan left behind\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>It also brought attention to \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\" rel=\"noopener noreferrer\">vulnerabilities faced by hundreds of private contractors\u003c/a> that help battle California’s wildfires year after year.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11453905/employer-of-contractor-killed-in-soberanes-fire-pleads-not-guilty","authors":["258"],"programs":["news_6944","news_72"],"categories":["news_19906","news_6188","news_8","news_13","news_356"],"tags":["news_6383","news_19724"],"featImg":"news_11042174","label":"news_72"},"news_11413291":{"type":"posts","id":"news_11413291","meta":{"index":"posts_1591205157","site":"news","id":"11413291","score":null,"sort":[1492465814000]},"guestAuthors":[],"slug":"prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire","title":"Prosecutors File Criminal Charges Against Employer of Contractor Killed in Big Sur Wildfire","publishDate":1492465814,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Prosecutors in Monterey County have \u003ca href=\"https://www.documentcloud.org/documents/3671887-Czirban-Complaint.html\" target=\"_blank\">filed seven criminal counts\u003c/a> against the small construction firm that employed Robert Reagan, the bulldozer operator killed last July while working the massive Soberanes Fire, the costliest wildfire in U.S. history.\u003c/p>\n\u003cp>Reagan's death prompted investigations by\u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\"> Cal Fire\u003c/a> and \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">state workplace regulators\u003c/a>, as well as the state agency that keeps tabs on California's construction industry. The incident led to a wrongful death \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\">lawsuit \u003c/a>against the state. And it brought attention to \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\">vulnerabilities faced by hundreds of private contractors\u003c/a> that help battle California's wildfires year after year.\u003c/p>\n\u003cp>The Monterey County District Attorney's Office is charging Ian Czirban, the owner of Czirban Concrete Construction, with two counts of insurance fraud, two counts of filing a forged document, tax evasion, failure to collect taxes and failure to provide workers' compensation insurance. Six of the seven charges are felonies.\u003c/p>\n\u003cp>\"We are alleging that he submitted documents to government agencies that contained false or forged information,\" said Ed Hazel, Monterey County managing deputy district attorney, in an interview Monday.\u003c/p>\n\u003cp>[contextly_sidebar id=\"sYYoLKeXHUtPQ5ilYYlTN364JDYsla6G\"]\u003c/p>\n\u003cp>Czirban also submitted documents to an insurance carrier that contained false information, according to Hazel.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The most serious offense, the insurance fraud charge, carries a maximum of five years in state prison.\u003c/p>\n\u003cp>District Attorney Dean Flippo filed the criminal complaint on Friday.\u003c/p>\n\u003cp>Czirban has not been arrested. Prosecutors have sent him a \"notice to appear\" for arraignment in Monterey County Superior Court in Salinas on May 11.\u003c/p>\n\u003cp>Justin Reden, a lawyer who has represented Czirban in the past, has yet to return KQED's calls for comment. Ian Czirban could not be reached.\u003c/p>\n\u003cp>Czirban's lawyers have argued that he was not required to carry workers' compensation insurance and that Cal Fire, not the company, was responsible for Reagan.\u003c/p>\n\u003cp>The charges come after state regulators moved to bar the company from working in California. The Contractors State License Board (CSLB) announced in March that the firm \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">violated three state regulations\u003c/a> in connection with its work on the fire.\u003c/p>\n\u003cp>[contextly_sidebar id=\"WeuetW8VXTJCAcqVMzOFlIbeibWrUSO7\"]\u003c/p>\n\u003cp>The Soberanes Fire prompted the investigation by the CSLB, which referred the case to the Monterey County DA's office.\u003c/p>\n\u003cp>\"They let us know that Mr. Czirban potentially did not have workers' compensation insurance when this incident occurred,\" Hazel said. That led to an investigation that revealed more crimes, he said.\u003c/p>\n\u003cp>Word of the prosecution came the same day that KQED published a \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\">story \u003c/a>that delved into the dangers private contractors face as Cal Fire and the U.S. Forest Service rely on them to help battle wildfires.\u003c/p>\n\u003cp>The investigation revealed that some of the people who work in what amounts to a wildfire gig economy regularly face potentially deadly conditions with little or no guarantee of basic protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Along with Czirban, a private company that hired a water tender driver seriously injured in the Soberanes Fire also did not have workers' compensation insurance.\u003c/p>\n\n","blocks":[],"excerpt":"Seven criminal counts against Czirban include insurance fraud, filing a forged document, tax evasion, failure to collect taxes and failure to provide workers' compensation insurance.","status":"publish","parent":0,"modified":1492538758,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":497},"headData":{"title":"Prosecutors File Criminal Charges Against Employer of Contractor Killed in Big Sur Wildfire | KQED","description":"Seven criminal counts against Czirban include insurance fraud, filing a forged document, tax evasion, failure to collect taxes and failure to provide workers' compensation insurance.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11413291 https://ww2.kqed.org/news/?p=11413291","disqusUrl":"https://ww2.kqed.org/news/2017/04/17/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire/","disqusTitle":"Prosecutors File Criminal Charges Against Employer of Contractor Killed in Big Sur Wildfire","audioUrl":"http://www.kqed.org/.stream/anon/radio/tcr/2017/04/2017-04-18d-tcr.mp3","guestFields":"0","path":"/news/11413291/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Prosecutors in Monterey County have \u003ca href=\"https://www.documentcloud.org/documents/3671887-Czirban-Complaint.html\" target=\"_blank\">filed seven criminal counts\u003c/a> against the small construction firm that employed Robert Reagan, the bulldozer operator killed last July while working the massive Soberanes Fire, the costliest wildfire in U.S. history.\u003c/p>\n\u003cp>Reagan's death prompted investigations by\u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\"> Cal Fire\u003c/a> and \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">state workplace regulators\u003c/a>, as well as the state agency that keeps tabs on California's construction industry. The incident led to a wrongful death \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\">lawsuit \u003c/a>against the state. And it brought attention to \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\">vulnerabilities faced by hundreds of private contractors\u003c/a> that help battle California's wildfires year after year.\u003c/p>\n\u003cp>The Monterey County District Attorney's Office is charging Ian Czirban, the owner of Czirban Concrete Construction, with two counts of insurance fraud, two counts of filing a forged document, tax evasion, failure to collect taxes and failure to provide workers' compensation insurance. Six of the seven charges are felonies.\u003c/p>\n\u003cp>\"We are alleging that he submitted documents to government agencies that contained false or forged information,\" said Ed Hazel, Monterey County managing deputy district attorney, in an interview Monday.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Czirban also submitted documents to an insurance carrier that contained false information, according to Hazel.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The most serious offense, the insurance fraud charge, carries a maximum of five years in state prison.\u003c/p>\n\u003cp>District Attorney Dean Flippo filed the criminal complaint on Friday.\u003c/p>\n\u003cp>Czirban has not been arrested. Prosecutors have sent him a \"notice to appear\" for arraignment in Monterey County Superior Court in Salinas on May 11.\u003c/p>\n\u003cp>Justin Reden, a lawyer who has represented Czirban in the past, has yet to return KQED's calls for comment. Ian Czirban could not be reached.\u003c/p>\n\u003cp>Czirban's lawyers have argued that he was not required to carry workers' compensation insurance and that Cal Fire, not the company, was responsible for Reagan.\u003c/p>\n\u003cp>The charges come after state regulators moved to bar the company from working in California. The Contractors State License Board (CSLB) announced in March that the firm \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">violated three state regulations\u003c/a> in connection with its work on the fire.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Soberanes Fire prompted the investigation by the CSLB, which referred the case to the Monterey County DA's office.\u003c/p>\n\u003cp>\"They let us know that Mr. Czirban potentially did not have workers' compensation insurance when this incident occurred,\" Hazel said. That led to an investigation that revealed more crimes, he said.\u003c/p>\n\u003cp>Word of the prosecution came the same day that KQED published a \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\">story \u003c/a>that delved into the dangers private contractors face as Cal Fire and the U.S. Forest Service rely on them to help battle wildfires.\u003c/p>\n\u003cp>The investigation revealed that some of the people who work in what amounts to a wildfire gig economy regularly face potentially deadly conditions with little or no guarantee of basic protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Along with Czirban, a private company that hired a water tender driver seriously injured in the Soberanes Fire also did not have workers' compensation insurance.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11413291/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire","authors":["258"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8","news_356"],"tags":["news_6383","news_19724","news_20792"],"featImg":"news_11042174","label":"news_72"},"news_11367902":{"type":"posts","id":"news_11367902","meta":{"index":"posts_1591205157","site":"news","id":"11367902","score":null,"sort":[1492413350000]},"guestAuthors":[],"slug":"casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy","title":"Casualties in Big Sur Blaze Point to Hazards of 'Wildfire Gig Economy'","publishDate":1492413350,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The agencies that battle California wildfires every year rely on an army of private contractors for key firefighting roles.\u003c/p>\n\u003cp>But two incidents during last year's Soberanes Fire in Big Sur -- one that killed a bulldozer operator and another that seriously injured a water tender driver -- reveal that many of those involved in what amounts to a wildfire gig economy regularly face potentially deadly conditions with little or no guarantee of basic protections.\u003c/p>\n\u003cp>For example, the contractors who hired 35-year-old Robert Reagan, the bulldozer operator killed in the early days of the Soberanes Fire last July, and John Tiersma, a 60-year-old water tender driver injured six weeks later, did not carry workers' compensation insurance.\u003c/p>\n\u003cp>Public records requests, court documents and interviews have uncovered new details about the incidents, which are the subject of at least six investigations.\u003c/p>\n\u003cp>Labor law and heavy equipment experts, as well as critics of the way wildfires are fought in California, say the accidents shine a light on worker-protection issues arising from the reliance on large numbers of private contractors.\u003c/p>\n\u003cp>\u003ca href=\"https://www.nwcg.gov/committees/risk-management-committee/resources\" target=\"_blank\">Data\u003c/a> from the U.S. Forest Service suggest it's relatively unusual for contract heavy equipment operators to be involved in major accidents.\u003c/p>\n\u003cp>But it's evident that these \"call when needed\" workers are vulnerable on the job, says Veena Dubal, an associate professor of law at UC Hastings who specializes in employment law and reviewed the California Division of Occupational Safety and Health's (Cal/OSHA) full investigative reports into the Reagan and Tiersma incidents for KQED.\u003c/p>\n\u003cp>\"These people who are risking their lives have no recourse and their families have no recourse,\" Dubal said. \"They were putting their lives on the line to save California forests, to save California families.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That lack of protection is similar to what workers face in the growing gig economy, which relies on contractors to perform a wide range of jobs, such as driving passengers for Uber and Lyft.\u003c/p>\n\u003cp>\"This is no different, what's happening with these guys. It just didn't happen to occur through a smartphone,\" said Craig Peters, an attorney with the San Francisco-based Veen law firm who specializes in heavy equipment and construction-site injuries.\u003c/p>\n\u003cp>\"These two cases highlight the human tragedies that can occur when basic health and safety laws are violated,\" said Laura Stock, director of UC Berkeley's Labor Occupational Health Program. \"These stories also highlight the need for state and federal agencies to do a better job in vetting the contractors they bring in.\"\u003c/p>\n\u003cp>\"It's very challenging, I would say dangerous, trying to operate heavy equipment on these steep, winding, generally poorly maintained roads,\" said Timothy Ingalsbee, executive director of \u003ca href=\"http://www.fusee.org/\" target=\"_blank\">Firefighters United for Safety, Ethics and Ecology\u003c/a>. \"It's an accident waiting to happen, no matter who is behind the wheel.\"\u003c/p>\n\u003ch3>Death of a Dozer Operator\u003c/h3>\n\u003cp>The Soberanes Fire started in Garrapata State Park, on the northern end of Big Sur's typically rugged terrain, on July 22. As the fire spread, Cal Fire began bringing in contractors, including dozer operators, to try to contain it.\u003c/p>\n\u003cp>Cal/OSHA records say that on July 24, Cal Fire called in Czirban Concrete Construction, an agency bulldozer contractor in the Madera County town of Coarsegold.\u003c/p>\n\u003cfigure id=\"attachment_11042174\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11042174\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png\" alt=\"Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \" width=\"800\" height=\"449\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-400x225.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35.png 935w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \u003ccite>(Cal Fire)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The firm's owner, Ian Czirban, then texted a friend, Robert Reagan, to ask whether he was available.\u003c/p>\n\u003cp>\"Hey bro can you do it?\" Czirban asked. Reagan agreed, saying he wasn't working on another fire at the time.\u003c/p>\n\u003cp>Two nights later, on the evening of Tuesday, July 26, Reagan arrived at the fire and prepared to take over Czirban's bulldozer from another operator.\u003c/p>\n\u003cp>But minutes after he began moving the dozer to its assigned position, the machine tipped over on a steep embankment. Reagan, who was not wearing a seat belt, was \u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\">thrown from the dozer's cab and killed as the machine rolled over onto him.\u003c/a>\u003c/p>\n\u003cp>Reagan's death and the issues surrounding it are now the subject of a \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">criminal investigation\u003c/a> by prosecutors in Monterey County and a \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\">lawsuit\u003c/a> filed against the state of California.\u003c/p>\n\u003cp>State \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">workplace officials have cited Czirban\u003c/a> Concrete Construction for several violations connected to Reagan's death. The most serious penalty was for not ensuring Reagan wore his seat belt. Czirban did not appeal the citations and paid $20,000 in fines, according to Cal/OSHA spokeswoman Erika Monterroza.\u003c/p>\n\u003cp>Cal/OSHA also issued two citations to Cal Fire, one for failing to report a serious injury within eight hours and another for failing to maintain an effective injury and illness prevention program.\u003c/p>\n\u003cp>\"The employer failed to ensure a supervisor was in the immediate area during all bulldozer activities,\" Cal/OSHA compliance officer Kelly Tatum wrote in the agency's citation.\u003c/p>\n\u003cp>Cal Fire, which also faces a wrongful death lawsuit filed on behalf of Reagan's wife and two young daughters, has appealed the findings.\u003c/p>\n\u003ch3>No Workers' Compensation Insurance\u003c/h3>\n\u003cp>Meanwhile, another state agency is moving to revoke Czirban's contractor's license.\u003c/p>\n\u003cp>The Contractors State License Board \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">alleged earlier this month\u003c/a> that Czirban violated three state regulations in connection with its work on the Soberanes Fire. The agency says the company lied about whether it had employees to get around offering workers' compensation insurance -- coverage that would provide Reagan's children hundreds of thousands of dollars in benefits.\u003c/p>\n\u003cp>Czirban had its license suspended \u003ca href=\"http://ww2.kqed.org/news/2016/08/02/employer-of-worker-killed-in-soberanes-fire-under-scrutiny/\" target=\"_blank\">eight times\u003c/a> by the board in four years -- several times because of workers' comp issues.\u003c/p>\n\u003cp>Cal Fire's emergency equipment rental agreements require that private contractors provide copies of their workers' compensation coverage.\u003c/p>\n\u003cp>\"We expect vendors to comply with the clauses spelled out in our Emergency Equipment Rental Agreements,\" said Cal Fire spokeswoman Janet Upton, in an emailed statement.\u003c/p>\n\u003caside class=\"alignright\">[CalFireData]\u003c/aside>\n\u003cp>\"Under the terms of these agreements, vendors choosing to do business with the state must affirm they meet all our requirements,\" Upton said. \"One such requirement is that vendors have either worker's compensation or that they undertake self-insurance in accordance with provisions in the labor code.\"\u003c/p>\n\u003cp>Cal Fire's contract with Czirban listed an insurance policy with the State Compensation Insurance Fund that expired in January 2015, a year and a half before the Soberanes Fire.\u003c/p>\n\u003cp>Czirban's lawyers have argued that the contractor was not required to carry workers' comp insurance and that Cal Fire, not the company, was responsible for Reagan.\u003c/p>\n\u003cp>\"It is clear that Cal Fire and its Incident Commander are in 100% control of the dozer operator's actions, health and safety,\" Justin Reden wrote in a letter to Cal/OSHA in August.\u003c/p>\n\u003cp>Reden said the fire agency chose the equipment, inspected it, provided operating procedures and safety protocols, and directed the operator.\u003c/p>\n\u003cp>Reagan was not Czirban's employee but instead an independent contractor, Reden argued, so the company did not need to provide coverage.\u003c/p>\n\u003cp>Czirban and Reden have not responded to KQED's requests for comment.\u003c/p>\n\u003ch3>'I Thought I Was a Goner'\u003c/h3>\n\u003cp>The Soberanes Fire wasn't John Tiersma's first wildfire.\u003c/p>\n\u003cp>In 2015, the water tender driver had worked the Gasquet Fire Complex that burned more than 30,000 acres in Del Norte County.\u003c/p>\n\u003cp>Last summer he worked the Chimney Fire, which burned more than 43,000 acres and destroyed 70 structures in San Luis Obispo County.\u003c/p>\n\u003cp>And in September, he took a job with Tuolomne County-based Industrial Defense Development to help the U.S. Forest Service fight the Soberanes blaze.\u003c/p>\n\u003cp>The Big Sur fire was the closest he'd gotten to one of the big blazes.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Everything was breaking around me. Stuff was just flying. Dirt was coming in. I thought I was a goner. Miraculously, I got ejected out. ... I prayed to God to deliver me and he did.'\u003ccite>John Tiersma\u003cbr>\nWater tender driver\u003c/cite>\u003c/aside>\n\u003cp>\"At the Soberanes Fire a couple of times we were fairly close to the flames,\" Tiersma said in an interview from his home in Dunsmuir (Siskiyou County), conducted with the help of his wife, Cassandra.\u003c/p>\n\u003cp>Water tenders are essentially tanker trucks. In major wildland fires, they deliver water to fire engines and sprinkle back-country roads to keep the dust down for responding firefighters.\u003c/p>\n\u003cp>Tiersma's day on Sept. 11, 2016, started early in the morning. During a Forest Service briefing he was told the fire was moving south and he was assigned to a new stretch of road that had just opened up.\u003c/p>\n\u003cp>His job was to fill inflatable water tanks -- known as pumpkins -- in an area near the Marble Peak Trail.\u003c/p>\n\u003cp>He checked to make sure his vehicle was carrying a full 2,300 gallons of water -- almost 10 tons -- and he and another water tender headed out.\u003c/p>\n\u003cp>His truck was moving between 5 and 10 mph, leading the other tender along a dusty road. He said he was wearing a seat belt and his driver's side window was open.\u003c/p>\n\u003cp>Tiersma says he felt the vehicle's front end sink. He tried to steer out, but that didn't work.\u003c/p>\n\u003cp>\"All of the sudden the road just gave way,\" he said.\u003c/p>\n\u003cp>\"Everything was breaking around me. Stuff was just flying. Dirt was coming in. I thought I was a goner,\" Tiersma said. \"Miraculously, I got ejected out. ... I prayed to God to deliver me and he did.\"\u003c/p>\n\u003cp>He was thrown into some bushes, in what he describes as agony and with blood flowing from a wound on his head.\u003c/p>\n\u003cp>The driver behind Tiersma saw the whole thing.\u003c/p>\n\u003cp>\"All of a sudden I witnessed John rolled off the side of the mountain,\" said Briteney Rooffener, according to a statement she filed with the Forest Service that was given to Cal/OSHA.\u003c/p>\n\u003cp>Rooffener stopped and radioed for help. She and Cory Boekhaus, a Forest Service firefighter who was riding along, shouted to Tiersma, who yelled back.\u003c/p>\n\u003cp>Boekhaus ran down the hill to the injured driver, who was helicoptered to a hospital in Salinas.\u003c/p>\n\u003cp>The rollover broke or cracked 12 of Tiersma's ribs, bruised his spleen and broke his scapula. He had blood in his lungs and one lung had a small leak into his chest cavity.\u003c/p>\n\u003cp>\u003cstrong>State Blames Water Tender Contractor, Feds Suspend Firm's Contract\u003c/strong>\u003c/p>\n\u003cp>So far, Tiersma has been left to deal with that long list of injuries himself.\u003c/p>\n\u003cp>In the immediate aftermath of Tiersma's accident, the Forest Service urged Industrial Defense Development's owner, Scott Harvey, to cooperate with investigators and to contact the hospitalized Tiersma.\u003c/p>\n\u003cfigure id=\"attachment_11035798\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11035798\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/07/soberanesnasa160729a-800x524.jpg\" alt=\"Satellite image Thursday, July 28, of smoke emitted from Soberanes Fire in Monterey County.\" width=\"800\" height=\"524\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-800x524.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-400x262.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-1180x773.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-960x629.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a.jpg 1508w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Satellite image Thursday, July 28, 2016, of smoke emitted from Soberanes Fire in Monterey County. \u003ccite>(NASA Worldview)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"You have been nonresponsive to the accident investigation and the medical support for your injured employee,\" wrote Steven Teves, contracting officer for the federal agency's Pacific Southwest Region Incident Procurement office, in an email to Harvey five days after the accident.\u003c/p>\n\u003cp>\"I highly recommend you making contact with your injured operator and provide whatever required medical coverage that is needed as required by your agreement,\" Teves wrote in the email, later released to Cal/OSHA.\u003c/p>\n\u003cp>Like Cal Fire, the Forest Service requires its contractors to maintain workers' compensation for its employees. But, state workplace regulators found Industrial Development Defense did not have such coverage.\u003c/p>\n\u003cp>Harvey refused to be interviewed by Cal/OSHA, which later levied $6,000 in fines against his firm for violations, including failure to report Tiersma's injury.\u003c/p>\n\u003cp>The heavy equipment firm had 14 contracts with the federal government between 2000 and 2014. The September incident, though, prompted the Forest Service to suspend the company from contracting with the agency.\u003c/p>\n\u003cp>Harvey has not responded to KQED's requests for comment.\u003c/p>\n\u003cp>\"The Forest Service' number one incident objective during any response is always public and firefighter safety,\" agency spokeswoman Kerry Greene said in an emailed statement. \"It does not matter if the firefighter is a contractor or a federal workforce employee, in terms of safety all workers are viewed the same.\"\u003c/p>\n\u003cp>Tiersma says he's still recuperating and believes he'll be returning to work. Neither the Forest Service nor Industrial Defense has paid for his medical care, said his lawyer, Vesta Armstrong\u003c/p>\n\u003cp>\"John continues to struggle with the uncertainty of obtaining compensation for his injury,\" Armstrong said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Experts say heavy equipment operators hired for dangerous firefighting duty often lack basic worker protections. ","status":"publish","parent":0,"modified":1571269282,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":69,"wordCount":2073},"headData":{"title":"Casualties in Big Sur Blaze Point to Hazards of 'Wildfire Gig Economy' | KQED","description":"Experts say heavy equipment operators hired for dangerous firefighting duty often lack basic worker protections. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11367902 https://ww2.kqed.org/news/?p=11367902","disqusUrl":"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/","disqusTitle":"Casualties in Big Sur Blaze Point to Hazards of 'Wildfire Gig Economy'","audioUrl":"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/20170417btcr.mp3","path":"/news/11367902/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The agencies that battle California wildfires every year rely on an army of private contractors for key firefighting roles.\u003c/p>\n\u003cp>But two incidents during last year's Soberanes Fire in Big Sur -- one that killed a bulldozer operator and another that seriously injured a water tender driver -- reveal that many of those involved in what amounts to a wildfire gig economy regularly face potentially deadly conditions with little or no guarantee of basic protections.\u003c/p>\n\u003cp>For example, the contractors who hired 35-year-old Robert Reagan, the bulldozer operator killed in the early days of the Soberanes Fire last July, and John Tiersma, a 60-year-old water tender driver injured six weeks later, did not carry workers' compensation insurance.\u003c/p>\n\u003cp>Public records requests, court documents and interviews have uncovered new details about the incidents, which are the subject of at least six investigations.\u003c/p>\n\u003cp>Labor law and heavy equipment experts, as well as critics of the way wildfires are fought in California, say the accidents shine a light on worker-protection issues arising from the reliance on large numbers of private contractors.\u003c/p>\n\u003cp>\u003ca href=\"https://www.nwcg.gov/committees/risk-management-committee/resources\" target=\"_blank\">Data\u003c/a> from the U.S. Forest Service suggest it's relatively unusual for contract heavy equipment operators to be involved in major accidents.\u003c/p>\n\u003cp>But it's evident that these \"call when needed\" workers are vulnerable on the job, says Veena Dubal, an associate professor of law at UC Hastings who specializes in employment law and reviewed the California Division of Occupational Safety and Health's (Cal/OSHA) full investigative reports into the Reagan and Tiersma incidents for KQED.\u003c/p>\n\u003cp>\"These people who are risking their lives have no recourse and their families have no recourse,\" Dubal said. \"They were putting their lives on the line to save California forests, to save California families.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That lack of protection is similar to what workers face in the growing gig economy, which relies on contractors to perform a wide range of jobs, such as driving passengers for Uber and Lyft.\u003c/p>\n\u003cp>\"This is no different, what's happening with these guys. It just didn't happen to occur through a smartphone,\" said Craig Peters, an attorney with the San Francisco-based Veen law firm who specializes in heavy equipment and construction-site injuries.\u003c/p>\n\u003cp>\"These two cases highlight the human tragedies that can occur when basic health and safety laws are violated,\" said Laura Stock, director of UC Berkeley's Labor Occupational Health Program. \"These stories also highlight the need for state and federal agencies to do a better job in vetting the contractors they bring in.\"\u003c/p>\n\u003cp>\"It's very challenging, I would say dangerous, trying to operate heavy equipment on these steep, winding, generally poorly maintained roads,\" said Timothy Ingalsbee, executive director of \u003ca href=\"http://www.fusee.org/\" target=\"_blank\">Firefighters United for Safety, Ethics and Ecology\u003c/a>. \"It's an accident waiting to happen, no matter who is behind the wheel.\"\u003c/p>\n\u003ch3>Death of a Dozer Operator\u003c/h3>\n\u003cp>The Soberanes Fire started in Garrapata State Park, on the northern end of Big Sur's typically rugged terrain, on July 22. As the fire spread, Cal Fire began bringing in contractors, including dozer operators, to try to contain it.\u003c/p>\n\u003cp>Cal/OSHA records say that on July 24, Cal Fire called in Czirban Concrete Construction, an agency bulldozer contractor in the Madera County town of Coarsegold.\u003c/p>\n\u003cfigure id=\"attachment_11042174\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11042174\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png\" alt=\"Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \" width=\"800\" height=\"449\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-400x225.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35.png 935w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \u003ccite>(Cal Fire)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The firm's owner, Ian Czirban, then texted a friend, Robert Reagan, to ask whether he was available.\u003c/p>\n\u003cp>\"Hey bro can you do it?\" Czirban asked. Reagan agreed, saying he wasn't working on another fire at the time.\u003c/p>\n\u003cp>Two nights later, on the evening of Tuesday, July 26, Reagan arrived at the fire and prepared to take over Czirban's bulldozer from another operator.\u003c/p>\n\u003cp>But minutes after he began moving the dozer to its assigned position, the machine tipped over on a steep embankment. Reagan, who was not wearing a seat belt, was \u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\">thrown from the dozer's cab and killed as the machine rolled over onto him.\u003c/a>\u003c/p>\n\u003cp>Reagan's death and the issues surrounding it are now the subject of a \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">criminal investigation\u003c/a> by prosecutors in Monterey County and a \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\">lawsuit\u003c/a> filed against the state of California.\u003c/p>\n\u003cp>State \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">workplace officials have cited Czirban\u003c/a> Concrete Construction for several violations connected to Reagan's death. The most serious penalty was for not ensuring Reagan wore his seat belt. Czirban did not appeal the citations and paid $20,000 in fines, according to Cal/OSHA spokeswoman Erika Monterroza.\u003c/p>\n\u003cp>Cal/OSHA also issued two citations to Cal Fire, one for failing to report a serious injury within eight hours and another for failing to maintain an effective injury and illness prevention program.\u003c/p>\n\u003cp>\"The employer failed to ensure a supervisor was in the immediate area during all bulldozer activities,\" Cal/OSHA compliance officer Kelly Tatum wrote in the agency's citation.\u003c/p>\n\u003cp>Cal Fire, which also faces a wrongful death lawsuit filed on behalf of Reagan's wife and two young daughters, has appealed the findings.\u003c/p>\n\u003ch3>No Workers' Compensation Insurance\u003c/h3>\n\u003cp>Meanwhile, another state agency is moving to revoke Czirban's contractor's license.\u003c/p>\n\u003cp>The Contractors State License Board \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">alleged earlier this month\u003c/a> that Czirban violated three state regulations in connection with its work on the Soberanes Fire. The agency says the company lied about whether it had employees to get around offering workers' compensation insurance -- coverage that would provide Reagan's children hundreds of thousands of dollars in benefits.\u003c/p>\n\u003cp>Czirban had its license suspended \u003ca href=\"http://ww2.kqed.org/news/2016/08/02/employer-of-worker-killed-in-soberanes-fire-under-scrutiny/\" target=\"_blank\">eight times\u003c/a> by the board in four years -- several times because of workers' comp issues.\u003c/p>\n\u003cp>Cal Fire's emergency equipment rental agreements require that private contractors provide copies of their workers' compensation coverage.\u003c/p>\n\u003cp>\"We expect vendors to comply with the clauses spelled out in our Emergency Equipment Rental Agreements,\" said Cal Fire spokeswoman Janet Upton, in an emailed statement.\u003c/p>\n\u003caside class=\"alignright\">[CalFireData]\u003c/aside>\n\u003cp>\"Under the terms of these agreements, vendors choosing to do business with the state must affirm they meet all our requirements,\" Upton said. \"One such requirement is that vendors have either worker's compensation or that they undertake self-insurance in accordance with provisions in the labor code.\"\u003c/p>\n\u003cp>Cal Fire's contract with Czirban listed an insurance policy with the State Compensation Insurance Fund that expired in January 2015, a year and a half before the Soberanes Fire.\u003c/p>\n\u003cp>Czirban's lawyers have argued that the contractor was not required to carry workers' comp insurance and that Cal Fire, not the company, was responsible for Reagan.\u003c/p>\n\u003cp>\"It is clear that Cal Fire and its Incident Commander are in 100% control of the dozer operator's actions, health and safety,\" Justin Reden wrote in a letter to Cal/OSHA in August.\u003c/p>\n\u003cp>Reden said the fire agency chose the equipment, inspected it, provided operating procedures and safety protocols, and directed the operator.\u003c/p>\n\u003cp>Reagan was not Czirban's employee but instead an independent contractor, Reden argued, so the company did not need to provide coverage.\u003c/p>\n\u003cp>Czirban and Reden have not responded to KQED's requests for comment.\u003c/p>\n\u003ch3>'I Thought I Was a Goner'\u003c/h3>\n\u003cp>The Soberanes Fire wasn't John Tiersma's first wildfire.\u003c/p>\n\u003cp>In 2015, the water tender driver had worked the Gasquet Fire Complex that burned more than 30,000 acres in Del Norte County.\u003c/p>\n\u003cp>Last summer he worked the Chimney Fire, which burned more than 43,000 acres and destroyed 70 structures in San Luis Obispo County.\u003c/p>\n\u003cp>And in September, he took a job with Tuolomne County-based Industrial Defense Development to help the U.S. Forest Service fight the Soberanes blaze.\u003c/p>\n\u003cp>The Big Sur fire was the closest he'd gotten to one of the big blazes.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Everything was breaking around me. Stuff was just flying. Dirt was coming in. I thought I was a goner. Miraculously, I got ejected out. ... I prayed to God to deliver me and he did.'\u003ccite>John Tiersma\u003cbr>\nWater tender driver\u003c/cite>\u003c/aside>\n\u003cp>\"At the Soberanes Fire a couple of times we were fairly close to the flames,\" Tiersma said in an interview from his home in Dunsmuir (Siskiyou County), conducted with the help of his wife, Cassandra.\u003c/p>\n\u003cp>Water tenders are essentially tanker trucks. In major wildland fires, they deliver water to fire engines and sprinkle back-country roads to keep the dust down for responding firefighters.\u003c/p>\n\u003cp>Tiersma's day on Sept. 11, 2016, started early in the morning. During a Forest Service briefing he was told the fire was moving south and he was assigned to a new stretch of road that had just opened up.\u003c/p>\n\u003cp>His job was to fill inflatable water tanks -- known as pumpkins -- in an area near the Marble Peak Trail.\u003c/p>\n\u003cp>He checked to make sure his vehicle was carrying a full 2,300 gallons of water -- almost 10 tons -- and he and another water tender headed out.\u003c/p>\n\u003cp>His truck was moving between 5 and 10 mph, leading the other tender along a dusty road. He said he was wearing a seat belt and his driver's side window was open.\u003c/p>\n\u003cp>Tiersma says he felt the vehicle's front end sink. He tried to steer out, but that didn't work.\u003c/p>\n\u003cp>\"All of the sudden the road just gave way,\" he said.\u003c/p>\n\u003cp>\"Everything was breaking around me. Stuff was just flying. Dirt was coming in. I thought I was a goner,\" Tiersma said. \"Miraculously, I got ejected out. ... I prayed to God to deliver me and he did.\"\u003c/p>\n\u003cp>He was thrown into some bushes, in what he describes as agony and with blood flowing from a wound on his head.\u003c/p>\n\u003cp>The driver behind Tiersma saw the whole thing.\u003c/p>\n\u003cp>\"All of a sudden I witnessed John rolled off the side of the mountain,\" said Briteney Rooffener, according to a statement she filed with the Forest Service that was given to Cal/OSHA.\u003c/p>\n\u003cp>Rooffener stopped and radioed for help. She and Cory Boekhaus, a Forest Service firefighter who was riding along, shouted to Tiersma, who yelled back.\u003c/p>\n\u003cp>Boekhaus ran down the hill to the injured driver, who was helicoptered to a hospital in Salinas.\u003c/p>\n\u003cp>The rollover broke or cracked 12 of Tiersma's ribs, bruised his spleen and broke his scapula. He had blood in his lungs and one lung had a small leak into his chest cavity.\u003c/p>\n\u003cp>\u003cstrong>State Blames Water Tender Contractor, Feds Suspend Firm's Contract\u003c/strong>\u003c/p>\n\u003cp>So far, Tiersma has been left to deal with that long list of injuries himself.\u003c/p>\n\u003cp>In the immediate aftermath of Tiersma's accident, the Forest Service urged Industrial Defense Development's owner, Scott Harvey, to cooperate with investigators and to contact the hospitalized Tiersma.\u003c/p>\n\u003cfigure id=\"attachment_11035798\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11035798\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/07/soberanesnasa160729a-800x524.jpg\" alt=\"Satellite image Thursday, July 28, of smoke emitted from Soberanes Fire in Monterey County.\" width=\"800\" height=\"524\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-800x524.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-400x262.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-1180x773.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-960x629.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a.jpg 1508w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Satellite image Thursday, July 28, 2016, of smoke emitted from Soberanes Fire in Monterey County. \u003ccite>(NASA Worldview)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"You have been nonresponsive to the accident investigation and the medical support for your injured employee,\" wrote Steven Teves, contracting officer for the federal agency's Pacific Southwest Region Incident Procurement office, in an email to Harvey five days after the accident.\u003c/p>\n\u003cp>\"I highly recommend you making contact with your injured operator and provide whatever required medical coverage that is needed as required by your agreement,\" Teves wrote in the email, later released to Cal/OSHA.\u003c/p>\n\u003cp>Like Cal Fire, the Forest Service requires its contractors to maintain workers' compensation for its employees. But, state workplace regulators found Industrial Development Defense did not have such coverage.\u003c/p>\n\u003cp>Harvey refused to be interviewed by Cal/OSHA, which later levied $6,000 in fines against his firm for violations, including failure to report Tiersma's injury.\u003c/p>\n\u003cp>The heavy equipment firm had 14 contracts with the federal government between 2000 and 2014. The September incident, though, prompted the Forest Service to suspend the company from contracting with the agency.\u003c/p>\n\u003cp>Harvey has not responded to KQED's requests for comment.\u003c/p>\n\u003cp>\"The Forest Service' number one incident objective during any response is always public and firefighter safety,\" agency spokeswoman Kerry Greene said in an emailed statement. \"It does not matter if the firefighter is a contractor or a federal workforce employee, in terms of safety all workers are viewed the same.\"\u003c/p>\n\u003cp>Tiersma says he's still recuperating and believes he'll be returning to work. Neither the Forest Service nor Industrial Defense has paid for his medical care, said his lawyer, Vesta Armstrong\u003c/p>\n\u003cp>\"John continues to struggle with the uncertainty of obtaining compensation for his injury,\" Armstrong said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11367902/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy","authors":["258"],"programs":["news_6944","news_72"],"categories":["news_19906","news_457","news_6188","news_8","news_356"],"tags":["news_6383","news_19724","news_17286","news_20792","news_4463"],"featImg":"news_11408801","label":"news_72"},"news_11370640":{"type":"posts","id":"news_11370640","meta":{"index":"posts_1591205157","site":"news","id":"11370640","score":null,"sort":[1490222045000]},"guestAuthors":[],"slug":"family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california","title":"Family of Bulldozer Operator Killed in Soberanes Fire Suing California","publishDate":1490222045,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The relatives of Robert Reagan, who was killed while operating a bulldozer near Big Sur last year while working the most expensive wildfire in U.S. history, blame Cal Fire for his death.\u003c/p>\n\u003cp>A lawyer for Reagan's widow and two children filed a wrongful death lawsuit against the state of California in Monterey County Superior Court earlier this month.\u003c/p>\n\u003cp>Their complaint seeks \"compensatory damages\" in connection with the July 26, 2016, incident in which the machine the 35-year-old man was operating pinned him to the ground after tipping over on a steep embankment.\u003c/p>\n\u003cp>The rollover marked the first bulldozer operator fatality in a California wildfire in nearly nine years.\u003c/p>\n\u003cp>Cal Fire directed Reagan to an \"unsafe place for a bulldozer to be,\" according to the complaint.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Cal Fire negligently acted as a spotter concerning the operation of decedent's bulldozer,\" the complaint reads. \"Cal Fire's personnel negligently supervised the operation of plaintiff's bulldozer.\"\u003c/p>\n\u003cp>Cal Fire declined to comment on the lawsuit.\u003c/p>\n\u003cp>The agency has yet to release its compete findings into the incident. But its \u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\">preliminary report\u003c/a> found that Reagan died nearly instantly after being ejected from his machine and pinned to the ground on the northwestern edge of the Sobranes Fire four days after it ignited.\u003c/p>\n\u003cp>His death took place in an area with steep ridges and deep canyons accessible only by a network of narrow dirt roads.\u003c/p>\n\u003cp>He was not wearing a seat belt at the time, an investigation by California's Division of Occupational and Health (Cal/OSHA) concluded.\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">Cal/OSHA report\u003c/a> blames the private contractor that employed Reagan, Madera County-based Czirban Concrete Construction, for that oversight as well as several other violations.\u003c/p>\n\u003cp>Cal Fire's \"green sheet\" recounts Reagan being briefed by another dozer operator and speaking with firefighters. At one point his machine was blocked by a fire engine, prompting him to drive toward a road that was parallel and above the first one. During that maneuver his machine tipped over down a steep slope.\u003c/p>\n\u003cp>The complaint was filed on March 1 by Reagan's estate, his widow and two daughters, ages 5 and 2, who live in the Fresno County town of Friant. It is scheduled for a hearing on July 11.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Soberanes Fire burned more than 132,000 acres last summer and fall. Investigators say it was caused by an illegal campfire. The National Interagency Fire Center says it cost more than $200 million to fight.\u003c/p>\n\n","blocks":[],"excerpt":"'Cal Fire's personnel negligently supervised the operation of plaintiff's bulldozer,' the complaint reads.","status":"publish","parent":0,"modified":1490230149,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":417},"headData":{"title":"Family of Bulldozer Operator Killed in Soberanes Fire Suing California | KQED","description":"'Cal Fire's personnel negligently supervised the operation of plaintiff's bulldozer,' the complaint reads.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11370640 https://ww2.kqed.org/news/?p=11370640","disqusUrl":"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/","disqusTitle":"Family of Bulldozer Operator Killed in Soberanes Fire Suing California","path":"/news/11370640/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The relatives of Robert Reagan, who was killed while operating a bulldozer near Big Sur last year while working the most expensive wildfire in U.S. history, blame Cal Fire for his death.\u003c/p>\n\u003cp>A lawyer for Reagan's widow and two children filed a wrongful death lawsuit against the state of California in Monterey County Superior Court earlier this month.\u003c/p>\n\u003cp>Their complaint seeks \"compensatory damages\" in connection with the July 26, 2016, incident in which the machine the 35-year-old man was operating pinned him to the ground after tipping over on a steep embankment.\u003c/p>\n\u003cp>The rollover marked the first bulldozer operator fatality in a California wildfire in nearly nine years.\u003c/p>\n\u003cp>Cal Fire directed Reagan to an \"unsafe place for a bulldozer to be,\" according to the complaint.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Cal Fire negligently acted as a spotter concerning the operation of decedent's bulldozer,\" the complaint reads. \"Cal Fire's personnel negligently supervised the operation of plaintiff's bulldozer.\"\u003c/p>\n\u003cp>Cal Fire declined to comment on the lawsuit.\u003c/p>\n\u003cp>The agency has yet to release its compete findings into the incident. But its \u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\">preliminary report\u003c/a> found that Reagan died nearly instantly after being ejected from his machine and pinned to the ground on the northwestern edge of the Sobranes Fire four days after it ignited.\u003c/p>\n\u003cp>His death took place in an area with steep ridges and deep canyons accessible only by a network of narrow dirt roads.\u003c/p>\n\u003cp>He was not wearing a seat belt at the time, an investigation by California's Division of Occupational and Health (Cal/OSHA) concluded.\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">Cal/OSHA report\u003c/a> blames the private contractor that employed Reagan, Madera County-based Czirban Concrete Construction, for that oversight as well as several other violations.\u003c/p>\n\u003cp>Cal Fire's \"green sheet\" recounts Reagan being briefed by another dozer operator and speaking with firefighters. At one point his machine was blocked by a fire engine, prompting him to drive toward a road that was parallel and above the first one. During that maneuver his machine tipped over down a steep slope.\u003c/p>\n\u003cp>The complaint was filed on March 1 by Reagan's estate, his widow and two daughters, ages 5 and 2, who live in the Fresno County town of Friant. It is scheduled for a hearing on July 11.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Soberanes Fire burned more than 132,000 acres last summer and fall. Investigators say it was caused by an illegal campfire. The National Interagency Fire Center says it cost more than $200 million to fight.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11370640/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california","authors":["258"],"programs":["news_6944","news_72"],"categories":["news_457","news_8","news_356"],"tags":["news_6383","news_19724"],"featImg":"news_11042174","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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