cal/osha wouldn't specify as to what prompted the change of heart. >> an experienced cal/osha staff questions had some -- staff person had some questions and for that reason, the notice of no violation was rescinded yesterday and that investigation that was begun on june 11th is ongoing. >> reporter: in its initial investigation, cal/osha determined white was killed while standing in an elevator shaft while the counter weight came down and hit him on the head. the's jency said white was -- the agency said white was in communication with the other worker and knew the elevator was coming. >> i think a longer investigation is needed because it came in so quick and said what they thought happened and a lot of people want to know if it was -- fsh it was himself -- if it was himself that did it or someone else that hurt him, someone else's equipment that hurt him. >> i think we can learn where we improve. >> reporter: cal/osha has six months from the date of the accident to determine whether or not the elevator company violated any state safety codes. reporting from santa clara, janine de la vega,

cal osha can fine a company anywhere from $5,000 to $70,000. just depending on if they determine that violation was a general violation, if it was serious, or if it was willful. reporting live from santa clara janine de la vega ktvu channel 2 news. >>> we have new information about a deadly police shooting that happened in santa rosa. the press democrat reporting that sheriffs deputies shot and killed a 13-year-old boy because he allegedly was carrying a replica of a rifle. deputies on patrol yesterday said they saw someone holding a weapon. they told him to drop the weapon but they opened fire and hit that person several times. they went up to him and handcuffed him before giving first aid but the victim eventually died at the scene. deputies say they found this replica rifle near that person's body. the person also had a plastic hand gun in his westbound. >>> a it is already illegal in california to buy, sell, or carry high capacity magazines under a law that took effect 13 years ago. but that ban does not apply to magazines bought before the

. >>> cal osha is reviving us investigation of a deadly accident at the 49ers stadium. la vega is live in santa clara to tell us about this new development. >> reporter: cal osha isn't revealing too much as to why they are re-examining this deadly accident. but they say that more questions were raised as to how a worker died in an elevator shaft here at levi stadium. now cal osha says 63-year-old elevator mechanic white was standing on a ladder when the counterweight came down on him and hit him on the head. the agency revealed that white was in communication with the person operating the elevator and aware the elevator was functioning but its unclear why he didn't move if he knew the elevator was coming toward him. cal osha has rescinded its decision that white's employer didn't commit any violations that may have contributed to his death. cal osha is also investigating another work related death that happen at the stadium last week. inspectors are still trying to determine whether or not to issue citations. now in the earlier case involving the elevator company, cal o

spokesman cal osha can fine from 5,000ses today $70,000 per violation as for workers killed recently nothing can bring back what is taken way in an instant >> it's tragic for them, the family, for the job it's -- it is a reminder to take life for what it is enjoy the moments you know? that quick it can happen, you know? >> cal osha told me they have six months to finish the investigation meaning the report on don white new be completed by december 11thth matt keller, abc seven news >> new developments in the case of walter and kelly ng, the bay area man accused of biking millions of dollars from investors by the u.s. department of justice reached a plea agreement on multiple counts from what the i team learned they will plead guilty to less-serious charges and victims will not receive restitution i team first broke this case more than two years ago following it ever since the government's civil case is still pending >> san francisco general hospital says the last patient still hospitalized from the asiana airlines crash at sfoa5oa transferred to a b rehabilitation facility she suffer

cal osha will be investigating the accident along with santa clara police and fire this, is the second fatal accident this year. in june, an employee of shindler elevator was killed by a counter weight working on a ladder. the contractor says the initial investigation is is that this was an accident. >> they believe this to be an accident and not criminal in nature. cal osha's investigation is ongoing and could take months they have told us that the job site has been deemed safe and permitted to reopen. >> workers will return to the job in the morning. just as after the june fatal, employees will be offered counseling. the 49ers organization joined turner defcon in issuing thoughts of condolence was the family. the rebar maker said it was saddened and that an employee passed away this morning n santa clara, abc 7 news. >> there have been other deadly work place accidents involving the contractor. a contact worker died when a large furnace fell on him in 2008. another man died in 2010 after being run over by a forklift in a facility in georgia and an explosion injured two employees in a

cal/osha is re-examining what happened to 63-year-old elevator mechanic, donald white. officials say he was standing on a ladder in the elevator shaft when the counter weight came down and hit him on the head. he was in communication with the person operating the elevator and was aware the elevator was functioning but it's unclear why he didn't move if he knew the elevator was coming towards him. cal/osha has rescinded the decision that white's employer didn't commit any violations that may have contributed to his death. construction workers arriving to levi stadium this morning say the investigation could improve worker safety in the industry overall. >> i think a longer investigation is needed because it came in so quick and said what they thought happened and a lot of people want to know if it was a -- if it was himself that did it or if it was someone else that hurt him. >> reporter: cal/osha is also investigating another work- related death that happened at the stadium last week. 61-year-old truck driver edward lake was killed when a bundle of rebar fell on top of

but in the end, there was no citation issued by cal osha. it is too soon to tell whether that will be the case this time as the investigation is just getting underway. we can tell you cal osha is on the scene. the workers are no longer here. in santa clara, kris sanchez, nbc bay area news. >> such a tragedy. thank you so much. within the past 30 minutes, the 49ers issued a statement that reads in part, quote, our sincerest thoughts and prayers are with the family, friends, and co-workers affected by this tragedy. we will continue to follow this story and have more for you during our next newscast at 5:00. >>> and now to the latest developments on the bart contract talks. both sides are expected to get back to the bargaining table this afternoon as we are nearing the midnight deadline for a potential bart strike. nbc bay area's jody hernandez is live with more details. this feels like dÉjÀ vu all over again. >> reporter: that's right. it's feeling like groundhog day. another day, another midnight deadline and more discussions on tap. both sid

cal osha has until december 11th to issue any fines.nta clara, robert handa, ktvu channel 2 news. >>> california law enforcement officers paid tribute today to canine companions killed in the line of duty. [ bagpipes playing ] >> a procession of 75 officers and their canine partners all attended the ceremony at the u.c. davis faithful partner monument. the name of two canines were added to the monument today. one died in the line of duty in southern california 23 years ago. his handler still misses him and offered a few stories about his dog's amazing talent. >> redirecting the dog to search the house where i'm looking for bad guys, and he constantly would come bang to this throw rug and paw at it. ultimately i pulled the throw rug and it was a trapdoor. underneath the trapdoor was my suspect. >> the other was max from the l.a. county sheriff's department. canine officers say these dogs provide an invaluable service to the community. their ability to sniff out trouble and their phenomenal sense of loyalty. >>> santa clara leaders say th

cal-osha investigato >>> investigators are taking another look into the death of a worker at the newrs stadium in santa clara. cal/osha investigators originally said there was no violation in connection with the death of elevator mechanic donald white back in june. but a spokesman says questions were raised during an internal review of the case. cal/osha is also investigating last week's death of another stadium worker. >>> the last patient who was still hospitalized following the deadly asiana airlines plane crash has finally been released. san francisco general hospital says after a 15-week stay and 30 surgeries, the woman is now in a rehab facility. she is paralyzed from the crash and suffers severe road burns. the sfo plane crash in early july killed 3 and injured more than 180 passengers. >>> dog treats made in china have reportedly sickened thousands of pets and killed nearly 600. on the consumerwatch, julie watts explains the fda now wants your help to find out why. >> reporter: that's right. the fda is asking pet owners and veterinarians to send them any information on animal

in that instance cal osha found no violations and will not be issuing citations. bob redell, "today in the bay." >> a developing news out of the philippines, a major earthquake left at least 93 people dead and many more hurt. the 7.2 quake struck on the southern part of the country. it did not cause a tsunami. the quake collapsed buildings including churches. the commander recalling soldiers to help with relief efforts. >> here closer to home a series of small quakes shaking the east bay. did you feel them? the recent a 2.sthax hit about 2:15 this morning a few miles east of berkeley. and a few minutes earlier 2.7 hit in the same area. then around 1:00 a.m., the largest quake hit measuring 3.2. a number of people commented on our facebook page. one says it was a strong quick jolt. another says it shook her out of sleep. >>> new this morning a high risk fire fight in south san jose. crews battle a late night barn fire at the intersection of emado avenue and monterey road off 101. when crews arrived the barn was in flames and power lines causing a dangerous situatio

cal osha will only say new questions have been raised. so they are looking at evidence. it originally ruled there was no violation. last monday, a driver died while dropping off some steel rebar at the soon to be home of the 49ers. a bundle fell off his truck and landed on top of him. >>> six suspected gang members behind bars accused of killing a san jose teenager four months ago. we have a look at four of those suspects. we can't show you pictures of the other two, because they are just 15 and 16 years old. san jose police got some help from the u.s. marshals to bring in these suspects. they stand accused of beating, shooting and killing, 16-year-old manuel urzoa back in june >>> a home surveillance camera giving the police a very good look at two potential burglar suspects. police say they broke into this home last friday in east san jose near 101. neighbors say this is just most recent burglary in the area. >> they have gotten the citizens to the point where, enough is enough. if you think you can come in any time you want as you have, you are going to have a rude aw

. >> reporter: an accident, however cal-osha inquiry could take months. a contraction worker was fell when rebar crushed him about 6:30 a.m. cal-osha will look into the lighting conditions at the site, though the fork lift looked fine and they were using a spotter to watch the process. following the accident the general contractor shut down for the day. they say they have been cleared to resume work tuesday morning. >> we will hold a all hands meeting inside and talk about this tragedy and the access the workers will have for the support systems and that -- we will have a safety discussion as well. >> reporter: we looked into the safety records of the sub contractor. in 2007 there was a serious accident. a 5 story parking garage in flue collapsed, killing one work -- florida collapsed killing one worker and a 2013 instants where they received a fine of $3,700. both the sub contractor and general contractor are coping with the investigation and -- cooperating with the investigation. live ann rubin, ktvu channel 2 news. >> more details now. this is the seco

on october 14th, cal osha informed them there was no violation, but after an internal review, that notice was taken back. >> some questions arose and for that reason, yesterday, a notice was sent to them and the investigation is now ongoing. >> an official did say the worker was killed talking with the elevator just prior to the accident and was aware the elevator was functioning but for some reason didn't get out on of the way of the count are weight. something some workers say they've worried about. >> reporter: cal osha has until december 11th to determine if there were any safety violations. ktvu channel 2 news. >>> strike averted for now. an alameda ordered a 60-day cooling off period between ac transit and the amalgamad ashgsa transportation, it will give the two time to talk for management that were recommended by atu leaders. >> a northern california memorial to police dogs killed in the line of duty now has two more names. >> a precession of 75 officers and their k nine partners attended the ceremony at the monument. max was honored, a drug snipping dog from the sheriff's departm

>> no, ma'am. >> reporter: jonathan harvey says cal osha deemed this work site safe and the 900-plus workers will return to the job tuesday. a day which will begin with an all-hands meeting to address safety and tragedy. >> certainly we will be assisting our workers, co-workers out in the field for whatever needs they have with this tragedy. >> reporter: the cal osha investigation into this deadly accident is only beginning, but we can tell you in the last deadly accident, there will be no citation issued by cal osha because neither the contractor nor the elevator company was at fault and had no safety violations in the death of don white. in santa clara, kris sanchez, nbc bay area use. >> thank you. >>> the last three stadiums built across the country, there's been one stadium-related death in terms of construction. so far there have been two here in the bay area. the 49ers released a statement, it reads in part "our sincerest thoughts and prayers are with the family, friends and co-workers affected by this tragedy." >>> so should they spend a quarter of a million dollars to verify

cal osha will only say some new questions have been raised. they are looking at evidence. it originally ruled there was no violation in that incident. last monday, a driver died while dropping a steel rebar at the soon-to-be home of the 49ers. a bundle fell on the truck and landed right on top of him. >>> we have in you details on the deadly b.a.r.t. crash. today, the ntsb continuing its investigation, shutting down the section of the track right where the two workers were hit and killed, from noon to 3:30 p.m. today, there will be no train service between the lafayette, walnut creek and less saint hill stations. instead, they will be having a bus bridge in place to try and help riders get around. investigators are likely to use this time to try and do a reenactment of saturday's fatal crash. the new findings show the two victims, 66-year-old lawrence daniels and 58-year-old christopher shepherd of hayward, were both cleared to be out on that track with one of them acting as a lookout. the ntsb said at that point, the men became reasonable for themselves. >> the lookout mu

cal osha is continuing their investigation into another work related death at the stadium last week. edward lee was killed when a 30- foot long bundle of rebar fell on top of him. >>> today investigators in san rafael plan to question a couple about a fire at a luxury home. that home is on sea view drive. it caught fire yesterday. the same day that couple was evicted. the husband and wife were not home. they found them at a resort outside of marin 14 hours later. the tenants had recently lost the court battle with the homeowners over their $10,000 a month lease. >>> tenants are suing their landlord over a bedbug infestation. people who live at the rose mont apartments say the bugs are rampant and bite them all the time and accuse their landlord of not doing thinking to help. they have teamed up with a tenants right group that says bedbugs have infested several concord complexes. >>> tim lincecum is staying with the team. the former cy young award winner has agreed to a two year $35 million contract. the amount of money surprised some baseball analysts. but the giants say the 29-year-

cal osha will only say some new questions have been raised, so they are looking at evidence.originally ruled there was o violation.  incident just over a week ago, last monday, in fact, a driver died while dropping off steel rebar at the soon to be home of the 49ers. a bundle of the rebar fell off his trua& and landed right on top of him. >> we also have some new details this morning on that deadly bart crash. today the ntsb continuing its investigation shutting down a specific section of that track whererjut two workers were both hit and killed. from noon until 3:30 p.m. today there will be no train service, make a note of this, between the lafayette, walnut creek, and pleasant hill stations. instead they will be having a bus bridge in place to try to help riders get around. investigators are likely going to use this time to try to do a reenactment of saturday's crash. new fin9;pqáhárju the two victims, 66-year-old lawrence daniels of oakland and 58-year-old christopher shepherd of hayward were both cleared by a dispatcheru to be out on the track with one of them acting as

the cal osha investigation could take several months. the state agency has said the work site is safe to reopen. >>> now the medical examiner says the truckdriver killed in the construction accident in santa clara was 60-year-old edward irving lake junior. he died at the hospital. lake worked for gurdal a stadium subcontractor. neighbors say he lived with a girlfriend and several dogs at his home in vacaville. >> he was always there when you needed him, would help you out in any way possible. >> long time friends say that the neighborhood will miss lake very much. >>> the 49ers are also saddened by the death. the organization released a statement yesterday. it says in part, our sincerest thoughts and prayers are with the family, friends and co- workers affected by this tragedy. >>> now there was another death at the stadium construction site prior to lake's death. that happened in early june. another construction worker, 63- year-old donald white was hit by an elevator counter weight in an elevator shaft. just four days ago cal osha deci

cal osha will only say questions have been raised. are looking at evidence. >>> this morning, a judge deciding if detroit's bankruptcy will go forward? detroit, at least $18 billion in debt. the case is the largest public bankruptcy in the history of america. >> that's what's happening "today in the bay." we'll be back at 7:26 with a live, local news update. >> we'll see you tomorrow. have a great day! >> thanks for waking up with us. >>> good morning. taking the plunge. temperatures plummeting 20 to 30 degrees in a matter of hours in some places as the country faces it's first real cold snap of the season. >>> under pressure. for the first time, president obama's health secretary addresses the website debacle and the growing calls for her resignation. >>> and george's big day. the royal family stepping out in london this morning for the christening of a young prince. the godparents just announced. we'll tell you which olympic medallist made the list. today, wednesday october 23rd, 2013.

cal/osha says some questions were raised that revived the investigation. it's not disclosing the specifics right now. earlier cal/osha had determined nothing illegal happened causing the death. >>> as kiet do reports, police are finding great partners. >>> reporter: it was a huge red flag on craigslist a nearly $10,000 bike selling for cheap in san jose. interested? send a text. >> when you see a bike like that for the price that it was, you know that something is really fishy forces the bay area bike community jumped into cyber action. a search or stolenbikeregistry.com found a likely victim also in san jose and that same cell phone number was listed in a suspicious craigslist ad for a pair of $1,000 jeans. a sting was set up. officers saw what looked like a weapon getting tossed away so they moved in arrested the suspects and inside the trunk they found the $1,000 pair of jeans and a gun that was stolen from turlock. carlos santillan no and rochelle vasquez are charged with possession of stolen property. sjpd says they were glad to get help. >> a lot of

cal/osha is re-opening its investigation into the june death of a worker at the 49ers new stadium in santa clara. donald white worked for schindler elevator. cal/osha originally ruled that no violation occurred while white -- during white's death but they now say an internal review into the investigation raised new questions. cal/osha is also investigating last week's death of a second stadium worker. >>> the ocean beach sandcastle contest that was postponed during the federal government shutdown is back on now. it's been rescheduled for saturday november 9. it was supposed to be held october 12. but the beach was closed because it's on federal parkland. the contest is a fundraiser for the nonprofit "leap" which provides art programs for san francisco schools. >>> coming up, why the police officer who pepper sprayed peaceful protestors is getting paid tens of thousands of dollars. >> the new eastern span of the bay bridge starting to get tropical touches. >> vacaville hit 82, didn't feel tropical in oakland, the port of oakland high of only 56. fog was the culprit. we'll talk about t

outro/jaime peluffo/santa clara 8:34:24 cal-osha todavía investiga el incidente y todavía es muy tempranonar si hubo una violación a los códigos de seguridad. cesar --- un ex maestro de una escuela elemental de san jose esta demandando a un grupo de padres por difamacion al haber reportado que este profesor tuvo un comportamiento inadecuado con dos niÑas de 10 y 11 aÑos de edad. --- de aucerdo al diario mercury news, las familias de las menores acusaron a "john fischler" de haber tocado inapropiadame nte a las niÑas. --- la escuela elemental y posteriormente la policia declararon que no se haba cometido delito por lo que el maestro est demandando a las familias al sentir que su reputacin y su carrera se haban arruinado por esta demanda... stop for open roll open top vo === cesar --- esta noche oficiales del alguacil de santa clara investigan un accidente que involucr a un menor de entre 4 y 7 aÑos. --- un tren del vta que se dirigia con rumbo sur golpeo al menor cerca a la calle "gish". --- el tren tuvo que ser detenido para realizar las investigaciones y siguiendo el protocolo el aperado

cal osha will be investigating the accident. this is the second fatal accident of the stadium this year, in june, an employee of shindler elevator was killed by a counter weight. the joint venture contractor working on the stadium issued a statement saying quote we're saddened to confirm the driver passed away as a result of his injuries. our thoughts and prayers go out to his family during this very difficult time. the 49ers organization issued a message of condolences to the driver's family. >> reporter: the company indicated cal osha told them the job site is now safe, there was no criminal activity here. so the job site reopens tomorrow morning with workers coming back on the job and they will be offered a support network and counseling to deal with the death of a co-worker. >> that will be a tough day. thank you very much. contract talks underway to avoid a bart strike at midnight. bart says it's willing to negotiate as long as necessary for a settlement. yesterday, bart submitted what it calls it's last, best, and final of

now cal osha has decided to reconsider. >> some questions arose, and for that reason, yesterday a notice of no violation rescission was sent to schindler and the investigation is now ongoing. >> cal osha won't say what questions arose. the agency is expected to make a final decision about whether there was a violation at the work site by december 11. >>> dave cortaze is throwing his hat into the ring to announce his candidacy for san jose mayor. chuck reed finishes his second term next year. others in the ring include vance winn. >>> police in oakland say they confiscated money, and drugs while breaking up a gambling operation. authorities say besides the guns and drugs, they also confiscated gambling machines and recovered high end bicycles, guitars, cell phones, and tablets all believed to be stolen, and being ready to be fenced. >> a lot of times people think it's gambling, what's the big deal? a lot of these gambling establishments have a lot to do with other crimes around. >> police say officers arrested eight people, and recovered several thousand dollars in cash. >> coming up in 9

now cal osha has decided to reconsider. >> some questions arose, and for that reason, yesterday a notice of no violation rescission was sent to schindler and the investigation is now ongoing. >> cal osha won't say what questions arose. the agency is expected to make a final decision about whether there was a violation at the work site by december 11. >>> dave cortaze is throwing his hat into the ring to announce his candidacy for san jose mayor. chuck reed finishes his second term next year. others in the ring include vance winn. >>> police in oakland say they confiscated money, and drugs while breaking up a gambling operation. authorities say besides the guns and drugs, they also confiscated gambling machines and recovered high end bicycles, guitars, cell phones, and tablets all believed to be stolen, and being ready to be fenced. >> a lot of times people think it's gambling, what's the big deal? a lot of these gambling establishments have a lot to do with other crimes around. >> police say officers arrested eight people, and recovered several thousand dollars in cash. >> coming up in 9

what scal -- cal/osha is saying about levi stadium and the death of a worker 24 hours ago. >>> and new information on the battle over the budget in should. the plan the republicans are pushing that could end the should. that's coming up in a live from washington, d.c. >>> good morning. traffic is doing pretty well, considering everybody is back from the holiday. the freeway is clear. >>> clear skies. temperatures are on the mild to warm side. it won't take long to warm up for oakland and san francisco. we'll have the forecasted highs -- coming up. >>> happening today -- an alleged member of the al qaeda is scheduled to appear in a courthouse in new york. he's accused of taking part in the 1998 bombings of the u.s. embassies in kenya and tanzania. he was captured recently in libya and was interrogated on a u.s. warship. some want him sent to the u.s. prison in guantanamo bay, cuba instead. >>> the nsa has collected millions of contact lists from personal e-mails and instant messaging accounts around the world including those of americans. that's according to "the washington post" which

---"cal-osha", reporto que habia revocado una decision anterior enviada a la empresa en la que le informaba habian incurrido en alguna infraccion por la muerte del empleado... cesar ---en concord, una plaga de chinches tiene desesperados a los inquilinos de una unidad de apartamentos y esa plaga los orill a interponer una demanda en contra de los dueÑos.. ---jaime peluffo nos tiene el reporte take pkg :01 - :06 :09 - :15 :28 - :32 trt: 1:42 o.c. contestar la demanda. hermenegilda hilario hoy mostraba los nidos de chinches dentro de su apartamento, adems de como envuelve sus colchones con plstico. s.o.t. hermenegilda hilario/residente 52:08 inclusive han hechado vapor caliente supuestamente para que lo mate todo pero no veo resultado, incluso he tirado todos mis sillones, la cama, varias cosas de mi niño que ya se enchincharon. unos 21 inquilinos de los apartamentos rosemont en monument blvd en concord , junto con la organizacin tenants together, anunciaron hoy una demanda en contra de los propietarios. s.o.t. steven mcdonald/abogado demandante 13:27 it is a lawsuit for habitability, deffect

outro/jaime peluffo/santa clara 8:34:24 cal-osha todavía investiga el incidente y todavía es muy tempranosi hubo una violación a los códigos de seguridad. este es mi informe desde el estado de los 49ers en santa clara, ahora regreso con ustedes al estudio. cesar ---la ciudad de san carlos analizar hoy si debe gastar 250 mil dolares para inspeccionar una tubera de gas considerada insegura take vo ---la tuberia, conocida como la "linea 147" corre por la avenida "brittan" entre la autopista 101 y la 2-80. ---el temor es que esa tuberia explote al igual que ocurrio en san bruno en 2010, matando a 8 personas. ---los funcionarios municipales solicitaron la clausura, luego de conocer un correo electronico interno de pg&e, en el que un ingeniero externaba sus temores sobre la seguridad del gasoducto... ---actualmente, los consumidores reciben su servicio de gas por medio de otra tubera. topvo cesar ---el tramo este del puente de la bahia ser abierto una vez ms durante una ceremonia privada a realizarse el 9 de noviembre a las 10 de la maÑana... ---durante el evento, la patrulla de caminos recorda

police have wrapped up their portion of the investigation calling this an accident and however the cal-osha can take several more months. >> the team released quotes they are with the family and friends and workers affected by the tragedy. >>> the truck driver who died told us they did not want to talk on camera. the neighbors smoke with us about edward and they said he lived with a girlfriend and my said he's friendly and he's going to be missed very much. >> he was always there when we need him and he would help you out in in way possible. >> neighbors say lake recently returned to work after recently retiring from a delivery job. >>> opposing player suffered an injury yesterday. campbell was down on the field of several minutes yesterday after an attack. fans started doing the wave. he's very disappointed and today's head coach jim says fans should have realized the potential seriousness. >> i think people know that carts coming out on the field that signifies a pretty serious injury and you know the best thing to do is, you know, silence and let the doctors do their work. >> as a precau

now it will be up to cal osha to make sure that the rules were followed. one civil engineering expert we spoke with wonders if the fast pace of this project played a role and in another accident that killed a worker earlier this year. >> studies that show that with acceleration after schedule and putting pressure on the schedule, laborers and persons on the sight are more subject to accident. >> is there a deadline pressure? >> no, ma'am. >> reporter: that was the co-director of the stadium protect. this $1.3 million project. in june a 63-year-old worker was killed in one of the elevator shofts when he was struck by a counter weight. in that instance, will not be issuing citations. >> thank you, bob. new details on a high risk fire in south san jose. a barn fire near the bailey avenue exit off 101. when crews arrived the barn was in flames and a dangerous situation from firefighters. the cause of the fire under investigation. >> whatever do you don't gore get the jacket. it's pretty cold. >> she's frezing in here. >> christina lor rens. think 5 up. >> and

according to the cal osha, he was a subcontractor. his truck was being unloaded when a bundle of rebar fell and crushed him. emergency crews were called and the driver was transported to a local hospital. he later died from his injuries. meanwhile the project's general contractor turner devcon released a statement saying our thoughts and prayers go out to his family during this very difficult time. now the driver's identity has not yet the been released and no word on when construction can resume at the stadium. live in santa clara. ann rubin, ktvu news. >>> thank you, ann. >>> they learned of the worker's death and said our sincere's thoughts and prayers are with the family, friends and coworkers affected by this tragedy. this is not the first deadly accident during the building of levi stadium. >> 63-year-old elevator worker donald white was killed after he was struck in the head. that shut down work for two days. >>> now to the looming bart strike. trains are running and there is no new contract between bart and its unions. right n

police say his death was an accident, but cal osha is also investigating. >> it's a freak accident. > and you feel like everything's been followed there as far as safety rules and such? >> oh, we're real tight on safety. it's just one of those freak accidents. we're men. you're human. human error. >> cal osha deemed this work site to be safe. >>> customers in an east san jose beauty salon got quite a shock this morning when a driver came careening with her car right through the front window. the purple saturn sailed into great clips salon on capital expressway in tully at 10:00 this morning. the driver is a customer who had just left the salon. >> after the haircut, he went out, and i don't know what's wrong. lucky we stand this side. >> fire department says it had to pull a man out of the car. he was trapped but not hurt. luckily, no one in the salon was hurt, either. >>> in about an hour, the fremont police will ask city leaders to approve more surveillance cameras. now, what makes this request controversial is that the police department isn't looking to put those cameras in neighbo

now it will be up to cal osha to follow up with its own investigation. this work site has been deemed to be safe. >>> a car came crashing through the front window. the purple saturn crashed into great clips salon just before 10:00 a.m. it's not clear what triggered the crash. the driver was a customer who had just left. >> after the hire cut, he went out. i don't know what's wrong. we're lucky. >> they were lucky. the fire department had to pull the man out of his car. he was trapped inside the car but was not hurt. >>> the house and senate both say they're working on deals, but no vote is scheduled yet. in less than 30 hours, the u.s. will default on its loans. one of the country's three major credit agencies signaled it may downgrade the u.s. rating. we are live on capitol hill with more. the sticking point remains to be obama care. >> reporter: that's right. thanks. good evening. no vote in the house tonight is a big blow to house speaker john boehn boehner. another proposal turned down by members of his own party. with time running out, house republi

the cal osha investigation into the workers death could take several months. state agency has said that the work site is safe to reopen today. the medical examiner says the truckdriver killed in a construction accident in santa clara was 60-year-old edward irving lake junior. he died at the hospital. lake worked for gerdall a stadium subcontractor, and he lived with a girlfriend and several dogs at his home in vacaville. >> he was always there when you needed him. he would help you out in any way possible. >> long time friends say that the neighborhood will miss lake very much. the 49ers also saddened by the death. the organization released a statement yesterday saying in part, our sincerest thoughts and prayers are with the family, friends, and co-workers affected by this tragedy. >>> there was another death at the stadium construction site prior to lake's death. that happened in early june. another construction worker, 63- year-old donald while was hit by an elevator counter weight in an elevator shaft. just four days ago cal osha decided not to issue a cita

earlier cal/osha had determined no violation had happened in connection with mr.te's depth of. >>> happening today, the san francisco city gardener accused of running over a woman in holly park is due in court. he is charged with vehicular manslaughter and hit-and-run. he turned himself in yesterday. christine svanemyr was struck and killed last month while lying on the grass with her baby. >>> an alameda county superior court could order a 60-day cooling-off period in the ac transit labor dispute. the hearing comes at the governor's request. ac transit workers were set to go on strike last thursday until governor brown stepped in. >>> a second ac transit hearing today in oakland will look into passengers' discounts and new ways to pay fares. agency wants to increase ridership by introducing a day pass boosting the use of clipper cards and eliminating timed bus transfers. there's also talk of clearing the price of local -- lowering the price of local passes. >>> a politician is fighting to stop any public transit state agency from striking ever again. orinda city

all the workers have been sent home and the santa clara police and fire department and cal osha begin their investigation. we are in santa clara at the stadium for abc7 news. eric? >> thank you, david. happening now, bart riders and union members are in the same boat trying to figure out what to do now that bart has a take-it-or-leave-it contractor offering with leaders urging the transit agency to take it back. matt keller has more from oakland. matt? >> negotiators and leaders are expected here at any moment at the building in oakland and you can see the media has set up in case they decide to talk. the:is ticking as bart passengers wonder if they have to find another way to work tomorrow. >> another bart deadline passed bringing relieve and frustration to passengers. >> i get up at 5:00. if you want to find out if there is a strike you get up at 4:00 because you hit the road early. the yo-yo affect is naughton joyable. >> workers handed out flyers telling people to use 511 to make alternate plans for a strike tomorrow. passengers are caught in the middle of a labor fight that has l

. >> cal/osha found b.a.r.t. responsible for jim's accident. in the 2008 incident, b.a.r.t. was fined for poor communication and inadequate visibility. linda strickland does not believe promised safety reform ever happened. >> it seems like they don't really care. like goes on. do you know how many families you've affected because of this? people's lives. >> jim strickland was 44 years old when he died. stay with ktvu for continuing coverage on the b.a.r.t. strike and the death investigation. you can always go to ktvu.com for -- for olus on twitter and facebook -- follow us on twitter and facebook. >>> two boys are dead following a shooting in sparks, nevada. >>> fall temperatures today. net chance for rain? steve paulson will be here. >>> and president obama to the rescue. what he did in the middle of his speech about healthcare to help a fainting woman. [uncle]this is hopscotch,okay? uncle go one,two,one,two,one two,one. [niece]okay! [uncle]okay? [niece]one,two three,four,five,six,seven,eight! [uncle laughing] okay,we go the other way,okay? [niece]one,two,three,four,five,

. >> reporter: cal osha is investigating. >>> fairfield police are searching for an arsonist tonight. police believe that the man in these photos started a fire in a wal-mart this morning. it caused several carbon dioxide containers to explode. no one was hurt. >>> happening now, an explosion at l.a.x. this time outside the terminal where dozens of authorities are in the midst of an investigation. you see one of the helicopters over the scene. the explosion at the airport was another dry ice bomb. police quickly found two other similar devices. last night a dry ice bomb went off in a men's bathroom in l.a.x. police do not believe that these were acts of terrorism. >>> developing news in the philippines. an earthquake has collapsed buildings and roads. the quake struck 20 miles south of a town. 20 people have been killed and many more injured. authorities fear that more destruction is on the horizon due to aftershocks that could cause landslides. >>> one parent calls it every family's secret that is killing our kids. tonight we investigate prescription drug abuse that has veteran d.e.a

construction work has been halted while cal osha looks into the incident. in june, a 63-year-old donald white was working in an elevator shaft when the he was struck and killed. >>> a couple in the hospital tonight after being hit by aftercandle stick. they are in the crosswalk. happened in pleasantton. kpix 5's ann notarangelo reports an important safety feature in that crosswalk was under the off for -- turned off for repairs. >> crews were working days after a 65-year-old woman and her 72-year-old husband were injured in this crosswalk. they are in serious condition. the driver stopped and is cooperating with police. she has told them she did not see the couple. >> your first response is oh no. >> that was the reagency when he heard about the accident as pleasantton's traffic engineer, this is one of the crosswalks he evaluates every year. he says they try to let drivers know there will be people crossing the street. >> we have advanced warning signs, signs at the intersection at the crossing location. our most recent were flashing beacons which are the

in that instance cal osha recently reviewed -- returned a result saying they found no violation, and,erefore, will not be issuing any citations. >> bob riddell, nbc bay area news. >>> also in the south bay a man who lived at a south bay home daycare facility for kids is in court today facing charges of sexual abuse. 68-year-old jose vallandria is accused of molest twoing young children. the aalleged abuse happened here at velenze child care in sunnyveil. he is the father of the daycare's owner. the daycare center remains open for business. according to state social services, the daycare license is in good standing with only one complaint relating to an aggressive dog. >>> the two men accused of killing an 8-year-old oakland -- an 8-year-old girl from oakland during a slumber party could enter pleas today. a pre-trial hearing for darnell williams and joseph carol is taking place this afternoon. sleeping when someone shot through the apartment's front door, killing her. detectives say the shooting was in retaliation for a gang shooting hours earlier in berkeley. >>> now to the latest on

cal/osha says the investigation could take several months but the work site is safe to reopen. >>> the driver has been identified as 60-year-old edward irving lake junior. he worked for a stadium subcontractor and lived in vallejo. >>> an important meeting on the future of oakland's professional sports teams is scheduled to take place at 5:30 a.m. the city council is set to discuss the proposed coliseum city project to build three new stadiums for the raiders, as and warriors. the hope is that the propose proposal will keep -- the hope is that the proposal will keep the teams from moving out of oakland and other cities. so far, no estimated cost on the project. but the city says several wealthy investors are interested. >>> a.c. transit workers gave a 72-hour strike notice and agency leaders tell us there are no scheduled negotiations before that deadline. now the transit agency is asking the governor's office for a cooling-off period. the agency just spoke about where things stand and katie utehs was there. she joins us live. what did they say? >> reporter: well, that 60-day coolingof

cal osha will resume. they say some new questions have been raised.re right now just looking at that evidence. >>> today, the ntsb continuing its investigation shutting down the section of track where the two workers were hit and killed from noon today until 3:30 p.m., there will be no train service between the lafayette, walnut creek and pleasant hill stations. instead, there will be a bus bridge in place to help riders trying to get around. investigators will likely use this time to try to do a reenactment of saturday's deadly crash. reenactment of saturday's deadly crash. neo3á victims were both cleared by a dispatcher to be out on that crack with one of them supposedly acting as a lookout. right now, let's get a look at wednesday's forecast and say good morning to christina loren. hi. >> good morning to you, jon. good morning to you at home. a foggy start to the day. this is san jose. we are going to check on the drive. looking kind of slow here with mike. that's basically the sky over most of the bay area. you have pockets where you can only see

. >>> cal/osha is resuming its investigation into the accident that killed a worker at the new 49ers stadium in santa clara. donald white died in june. investigators had decided there was no violation in connection with his death. but now osha says there are new questions. this month's death of worker edward lake is also under investigation. >>> chp officers out in force on highway 101 conducting a special zero tolerance day. they are looking for distracted drivers and speeders. officers will cover the highway from the redwood valley in mendocino county down to the silicon valley. >>> police say distracted drivers killed 6 people including a pregnant woman and young child. it happened at a busy intersection yesterday in lodi. witnesses say the man who caused it was going 80 miles per hour using a cell phone at the time. six vehicles were involved. 12 other people were injured. >>> the very morning tenants of a luxury san rafael home were supposed to be evicted, firefighters found it in flames. and the tenants were nowhere to be found. the fire lit up the sky early yesterday morning o

officers gordon last year asked cal-osha to help clean it up after he saw syringes on the water during patrol. >> it's unacceptable. >> reporter: the epa and cal recycles started the clean-up two weeks ago. aside from boats, they picked up plenty of wood. workers even discovered two 100- foot tugboats submerged in this area. >> got divers in the water and they are going to patch up the holes in the vessels and then take out the silt and they are going to pump the water out. >> the epa and cal recycle expect to have this site cleaned up by the end of the year. >> reporter: in the oakland estuary, i'm da lin, kpix 5. >> the clean-up project costs more than $5 million paid for by state and federal grants. >>> well, she stole change from a fountain to feed her cat. now she is facing jail time. how complete strangers are rallying to her defense. >> reporter: why did talks break down at bart? it wasn't over the money. i'll tell you what it was coming up after the break. ,, ,, midnight. this comes after more than 30 hours of ... both sides >>> bart unions are going on strike tonight at midnig

cal osha is investigating. >> a young boy is in the hospital after he was hit by a vta train. the boy was hit when the train was pulling into the station about 7:30 last night. it's not clear how badly the boy was hurt but he was taken to the hospital. the boy was between 4 and 7 years old, the sheriff's department is reviewing video from the pollute form in front of the train to help determine what happened. >>> san francisco police are investigating a deadly shooting in the city's lower neighborhood. police arrived last night to find three people with gunshot wounds, all three were taken to san francisco general where one person died. homicide detectives are now investigating. so far no arrests have been made. >> a man is in court facing charges of sexual abuse. 68-year-old jose is accused of molesting two young children. the alleged abuse happened at the child care in sunnyvale. he is the father of the day care's owner, the center remains open for business. according to state social services a daycare's license is in good standing with only one complaint of an aggressive do

there to free load on the hard work of the workers of a system that spends over $300,000 to fight cal/osha to put its members in danger. in 2001, killed one of its electricians in the tunnels. in 2008, killed one of its track inspectors because they cut corners every day. and now they come over here and they talk about pay stubs. pay stubs exist so members and workers know what their pay was. if they don't have a computer, they are unable to print a computer. but they don't care about the oh. that is the problem. and you get all petty about issues that don't cost them any money and not important. it's a right of the workers. and that's what we're fighting for safety and the rights of the workers. and the safety of the patrons and that's what we're going to keep doing. we just spent 30 hours trying to get an agreement. at the same time, we had a management that really didn't care about getting an agreement. all they want to do is mislead the public and try to turn the public against the unions in an attempt to bust the unions. we will keep working and trying to reach an agreement because al

we have also learned that cal osha and santa clara police believe this was an accident.hey also believe that the job site here at >> reporter:cal osha says edward lake was unloading a delivery truck on the south of the stadium, when a bundle of rebar fell on him. lake was transported to the hospital where he died. work on the job site was stopped for the day and the contractor on the project, turner-devcon, says they are cooperating with authorities and that work on the stadium will resume on tuesday morning. there will also be an all hands on deck safety meeting and grief counselors help. in really quick. and pretty emotional. it's pretty the 49ers also released a statement today saying, " our sincerest thoughts and prayers are with the family, friends and co-workers >> pam: new tonight at 8-- >> pam: nevada is being accused of shipping off its patients to california. a mentally ill patient is now accusing the state of mistreatment. he says they shipped him from las vegas to san francisco. to avoid paying his medical bills. kyung lah has the story. >> pam: david theisen

cal osha fined bart for overgrown shrubbry. >>> when an employee working on the tracks. >> any tracks in any direction and understand. >> they confirm they'll be alert. one working, one watching. >> that message minutes before the accident suggests no personnel. >> this is a very serious subject for me. >> this long time trainer for bart who taught both victims says bart's labor strike failed in proportions to the loss. >> very low keyed and even keeled folks. and sorry to hear what took place today. >> reporter: this evening, bart workers who had been picketing here lit candles in a brief vigil for the victims. and they plan two more tomorrow night at 6:00. both here and the station at west oak land. ktvu, channel 2 news. >> bart has said there were 6 people on the train at the time of this afternoon's accident. do we know why? >> reporter: we do know that bart has been working on getting managers recertified to run trains during a strike provided the board wants them to and get live train experience. there is talk that that's what was going on that these were managers getting traini

cal osha ordered chevron to pay more than $963,000 in fines for violations related to the fire.he largest in calosha's history. chevron says the anna nicole smith community tour days are a way for the refinery operations to be more transparent to local residents. >>> good afternoon relationships are meeting in orange county for their annual convention this weekend. as kevin oliver reports they are forming the strategy for the next election, especially who will run for governor? >> reporter: who is going to be the candidate for governor? >> oh, that is the $120,000 question. >> reporter: walk around republican convention and it's the one question that looms over this place. who is going to end up being the republican candidate? >> your guess is as good as mine. >> i'm not sure who the candidate will be. >> you know, i don't know at this point. >> reporter: former lt. governor abel maldonado has made plans. >> there is no secret jerry brown has been around for a long, long time, but of course we can win. >> reporter: assemblyman tim donnelly is running too. >> i think gentlemenry