>> ed foulke headed osha, the u.s.rd workplaces, from april 2006 to november 2008. in march 2008, he told congress that osha was on the case. >> we are doing the job. and we are getting to the places we need to get to. >> when we talked with foulke in 2008, he told us that some 50 of his 1,029 inspectors had extensive dust training. he says osha sends inspectors to companies with the greatest risk of a dust explosion. and it turns out there are a lot of those. you've identified 30,000 workplaces that are at risk. how many of those will you inspect over the next year? >> well, approximately 300 or more. >> if you do 300 a year, it'll take you 100 years to inspect all those places that you've identified. >> we're not gonna get into every work site every year. we're not gonna get-- it would be physically impossible from a monetary standpoint and on a personnel standpoint to get in every facility once a year or even every five years. >> [blows whistle] >> foulke blames employers for the dust explosions. too many companies,

first, does your company post notices of employee rights regarding the minimum wage, osha, and workers' compensation and laws prohibiting discrimination? >> yes, we absolutely do. as a federal contractor it's been a requirement of ours. >> do you consider these postings to be burdensome? >> burdensome in the sense that there are inspectors that would come through and verify that our posters are displayed, that they are the right size, that they are not hidden away in a dark corner somewhere. the fact that there doesn't seem to be trust. >> and the good companies do suffer from the bad companies because they are not all as great as your company esteems to be. in some places they do put them in a dark room or where no one can get in, they tell me. let me ask you this, then, is posting one additional notice regarding employee rights on their labor law burdensome? >> we've been doing it for many, many years, so it's become a practice of ours. i think that for those companies that have not been required to, it could be a burden, yes. >> your testimony says that the nlrb acted without legal

look over here a cal osha investigator is here on the scene. he do here an hour ago. whether he should be here is not as obvious as you might think. a lot depends on the relationship between the man in the ditch and the homeowner. neighbors say the man who was pulled from a trench in the frontyard of a brentwood home is more than just a contractor to the homeowner. >> contractor they highered is a family friend. he considers him an uncle known him for a couple decades. when they needed the work done he was a contractor, called him up and brought him out. >> reporter: the dirt collapsed in on the 50-year-old man 5:30 last night, trapping him for three to his chest, leaving his head free. neighbors say he was calm throughout the ordeal. >> i knelt into the pit that was already eight feet deep it collapsed around him he was conscious he was helping. >> reporter: friends say it was hard for the homeowner to watch. >> i'm sure they were in prayer, truly. just concerned about what was going on. >> reporter: a cal osha investigator stopped by this morning to talk to the home

look over here a cal osha investigator is here on the scene. he do here an hour ago. whether he should be here is not as obvious as you might think. a lot depends on the relationship between the man in the ditch and the homeowner. neighbors say the man who was pulled from a trench in the frontyard of a brentwood home is more than just a contractor to the homeowner. >> contractor they highered is a family friend. he considers him an uncle known him for a couple decades. when they needed the work done he was a contractor, called him up and brought him out. >> reporter: the dirt collapsed in on the 50-year-old man 5:30 last night, trapping him for three to his chest, leaving his head free. neighbors say he was calm throughout the ordeal. >> i knelt into the pit that was already eight feet deep it collapsed around him he was conscious he was helping. >> reporter: friends say it was hard for the homeowner to watch. >> i'm sure they were in prayer, truly. just concerned about what was going on. >> reporter: a cal osha investigator stopped by this morning to talk to the home

with cal osha when they arrive. the area is covered and there are signs warning people not to step there. we will continue to follow up with cal osha, christian captain ktvu channel 2 news. >>> a state inspector say it could take three to four months into a separate and deadly cave in. a 12-foot trench collapsed and no permit was issued to build a deep trench. no fines or charges have been filed yet against the contractor. >>> time now 5:32 there was gunfire in oakland. a taco truck worker exchanged gunfire with two people who tried to rob him. the victim was shot three times but is expected to survive. one of his attackers was also wounded in that gun battle. claudine wong will have a next report. >>> a teen with special needs is the focus of a continuing search. live in red wood city, this is where the teen was last seen just two days ago. >> reporter: he attend classes here at the college but sometime around 11:30 yesterday he simply disappeared and friends and authorities are quite concerned about him because he

cal-osha trying to determine if they have jurisdiction to investigate the incident further. they are trying to see if there is an employer-employee relationship even though the contractor was a friend of the homeowner's. if they don't have jurisdiction, the local police may take over. reporting from brentwood, gil diaz, cbs 5. >>> we're updating that story now. we just got off the phone and cal-osha just confirmed that the accident is in their jurisdiction soole this take over the -- so they will take over the investigation. >>> state investigators are investigating a fatal trench collapse another one this one in milpitas. 39-year-old carpenter raoul zapata died saturday after he was buried in a 12-foot trench there. the project did not have the state permit required to go deeper than 5 feet. san jose "mercury news" reports that three days before the collapse, the city of milpitas ordered the work stopped but workers said they didn't know the order had been issued. >>> a convicted killer may have a new lead in the case of a missing little girl from the bay area. someone kidn

one of those primary program with the department of labor is osha. in the course of some of our hearings, we have found out that many states have, like michigan, my osha, michigan osha, that is give the primary responsibility for regulating the on-sight workforce protection programs, working with job providers, employers. in my travels around the districts, i've talked with many employers who are finding great benefit, great help, great partnership with miosha, . in recent days we've been hearing an uptick specifically coming from osha encouraging miosha to be more involved with citing and fining. if that's been noticed by you how are you continuing to focus the real partnership that a state regulator can be in helping employers and employees in making sure that while we have a safe workplace we have a workplace to come back to the second day. >> excellent question. what i would say is this is something that i found even at the state government, because miosha is preferred over osha in michigan by far in terms of that. but that was not good enough. t

program, and right behind that the feds osha came. we've done an investigation, i mean, we've tried to find out what company that was, and why they were there because that would not be appropriate. have you looked into that at the state level? i mean, why would that happen, why would we be wasting money in that regard, and do you know any more about it than i do sitting right here today? >> no, not that particular situation. >> well, okay. i think it's worth looking into. we've asked over and over for the chairman to tell us what the company was and so we can figure out how that all happened. so i think that would be an example of great waste of funds, and the wrong use of federal regulators. so, but thank you for responding. governor malloy, you in connecticut are on the cutting edge in so many ways, and you have progressive worklife, you have progressive worklife policies and a new law that requires businesses to pay sick leave when employees can't work due to illness. i'd like to hear straight from you if the state economy has been

frozen aside from taping it off to preserve the scene for cal osha investigators.od will keep people out of that 10-foot deep trench and there is evidence everywhere of that long and difficult rescue. >> reporter: the collapse happened at 530 yesterday, an 0 oakland man was working when the sides of that trench collapsed in on him trapping him up to his chest with wet clay like mud and by 8:30 finally they were able to pull the man free. >> they removed by hand of all the dirt around the victim. [applauds] >> now you can hear the crowd cheering by the time they rescued him, they were cheering. coming back to alive shot, obviously we were not here at the time of the accident but we learned there was no plywood in that 10 from the deep trench at the time of the collapse. it is not clear if the man was hired by the homeowner and that's part of what the investigation will be looking at here once cal osha arrives and we are waiting to find out more about the course of their investigation. for now live, christian captain, ktvu channel 2 news. >>> it could takes months to

because miosha is preferred over osha in michigan by far in terms of that. but that was not good enough. that there was too much of a culture even out of lansing. most employers don't want to have someone show up and say, i'm from washington, i'm from lansing and i'm here to help. as a prakt couple, what we're trying to do now is create an environment where the goal of our people is to perform their fiduciary duty and to do that responsibly. not to punish them but to have them succeed. it's a training we're doing with our miosha and state employees, to empower them more. they feel they're a value added contributor and partnership with their employers and helping average businesses to succeed. the average person is an honest person. there are some bad people out there and we should really go after them. instead of trying to create barriers let's help them solve their problem. one program people might want to look at is something we did in michigan in the agriculture section. it's calmed maep, michigan agriculture environmental insurance program. it's to help

cal-osha har su propia indagacion.. encontramos una situación en donde el patrón sabía que existía un peligro y lo ignoró, tiene multas máximas de 70 mil dólares por violación.. raul zapata deja a una esposa y 3 hijas de 10, 18 y 20 aÑos en su pueblo natal de estacin gutierrez, zacatecas.. s.o.t. karla 2 4:00 en california no importa su estado de estado de inmigración o de ciudadanía, si trabaja en caifornia la ley proteje.. rdr ---la policia de richmond pide la colaboracin del pblico para dar con el o los responsables de violar y golpear brutalmente a una anciana el fin de semana sobre la avenida san pablo... y ofrece una recompensa de 10 mil dolares por informacion. ---el sabado por la maÑana, la mujer de 81 aÑos y de origen asiatico, fue encontrada tirada afuera del asilo donde vive, pero la policia calcla que estuvo herida por varias horas antes. ---de acuerdo a las autoridades, la victima acostumbraba a salir a caminar entre 5 a 6 de la maÑana todos los dias. ---si usted cree tener informacion sobre este delito, co

this morning cal osha is investigating how a man got trapped in a trend. for more than three hours last night. rescuers pulled him out alive. alan wang reports. >> reporter: after more than three hours of constant digging crews pull the man from the collapsed trench that almost became his grave. >> the danger you have the weight of this dirt, the dirt is heavy, muddy clay, it is not light from a beach or something. >> reporter: firefighters say the 50-year-old man from oakland dug a trench 10 feet deep working on a residential sewer line, 12 feet long and 30 inches wide. it est appear he a shoring surprise to secure the walls of the trench. 5:30 the damp earth collapsed around him. he was buried chest high. the temperature outside was dropping. rescue workers began digging while monitoring his vital signs. they used plywood to shore up the trend: a crowd of people gathered to watch the -- drama unfold. a neighbor says the man was working on his friend's sewage line. several residents had problems in the past. >> i can tell you the trees in front of some of

we can tell you that a cal/osha worker arrived on the scene. he took a look and took photos of the ditch which is now covered, to prevent anyone else from falling in the trench. otherwise, the scene is very much like it was last night, including the iv bag that was used to keep the worker hydrated. a cal i o-- a cal/osha investigator arrived. they met with the homeowner. neighbors say the homeowner is aaron. >> air von a great guy. the guy doing the work -- aaron is a great guy. the guy doing the work is considered family. >> reporter: neighbors say the 50-year-old oakland man was trapped you under hundreds of pounds of thick, wet, clay-like mud. >> we couldn't see his body. we could only see his head. we have to give him oxygen to keep him alive. >> reporter: finally, about 8:30, rescuers freed the man to the cheers of the crowd that had collected. >> reporter: rescuers say the man complained of injuries to his neck, held and chest. he was taken to john muir. neighbors are just happy he survived. >> it's all good. it's all positive. it's a hap

program and right behind them osha came. we have done an investigation. i mean we have tried to find out what company that was and why they were there because that would not be appropriate. have you looked into that at the state level? i mean, why would that happen? why would be wasting money in that regard and do you know any more about it than i do sitting here today? >> no, not that particular situation. >> okay, i think it's worth looking into. we have asked over and over for the chairman to tell us what the company was so we can figure out how that all happened so i think that would be an example of a great waste of funds and the wrong use the federal regulation but thank you for responding. governor malloy, you in connecticut are on the cutting-edge in so many ways and you have a progressive work life policy and a new law that requires businesses to pay sick leave when employees can't work because of illness. i would like to hear straight from you if the state economy has been compromised or if the state economy and he

cal/osha is being called out to investigate. an inspector could check out the scene as soon as today. >>> several robberies and attempted robberies on the uc berkeley campus are under investigation this morning. tara moriarty is there to tell us what campus police are telling us they are doing to make sure there's safety. >> reporter: they say they are adding plain clothes officers and also beefing up patrols around campus. we did speak to officers who say this is a great reminder to folks to tell them they are aware of the surroundings. if we fake a look at the daily californian, there's a map of where these robberies are happening. it's in south side. this is berkeley in the yellow. and all of these boxes right here are robberies. three of them look like they are armed robberies. so again, campus police are saying that they want you to make sure of your surroundings. if we take a look at the map of the south side, this is the streets we've been talking about. >> reporter: six of these incidents happened, stretching from athert

cal-osha says this is a pretty serious infraction. but it's still in the initial phases of the investigation. it's expected to take anywhere from 3 to 4 months to complete. now, this is on top of another infraction that we learned about a couple of days ago. apparently the contractor out of fremont was doing this construction in violation of a city stop work order. they issued that order on wednesday before and then workers went to work on saturday in violation of that. according to the "mercury news" the workers didn't know there was a stop work order in place and it's unclear who ordered them to work so there's a lot of things being investigated at this point by cal-osha. >> i guess. a lot of things to sort out. matt bigler from kcbs radio thank you. >>> pg&e is admitting it failed to check gas lines for leaks over a large area of california. the utility is appealing nearly $17 million in fines for misplacing 126 pipeline maps. without those maps pg&e couldn't inspect those lines. now pg&e says pipelines on 46 more maps haven't been

osha will have questions about how this could happen. here's the scene of where the man fell in and this frontyard the hole is now covered up. take a look at this dramatic rescue. crews spent three hours trying to dig out the man. he was buried with dirt up to his chest. fires say because he was packed in cold mud they were very worried about the possibility of hypothermia. paramedics were monitoring him and treating him while crews were trying to dig him out. osha will be out here this morning to be asking questions about how this could happen. and whether the man was permitted to do the work. and where the safety measures broke down. >> my understanding that this is being done from a resident so i'm not sure if this is a licensed contractor or if this is a neighbor helping a neighbor. >> reporter: the 50-year-old man from oakland was taken to the hospital. he looks like he's going to be fine. he was complaining of pain in his legs and pelvis but he was talking, alert. firefighters say he was very lucky, especially since his head wasn't

now osha is going to have questions about how and why this happened. >> reporter: i'm terry mcsweeney live in san francisco where that school that had a couple hundred people sick yesterday now has well over 300 sick. it is closed for a week. what was the source of the problem? that's a mystery. the latest coming up in a live report. -- >>> [ inaudible ] >>> good thursday morning. 5:01 on this groundhog day. i'm eric thomas. >>> and i'm kristen sze. >> state investigators will begin looking into whether work rules were followed after last night's rescue of a man who got buried in mud while digging a trench. amy hollyfield is live on the scene. >> reporter: quite a dramatic scene that captivated this brentwood neighborhood. here's what is left of the scene in the frontyard. they've covered up the hole to try and keep it safe until they can officially fill in hole. there were a couple hundred people out here watching this dramatic scene unfold yesterday. check out this amazing video of the man's rescue after three hours of digging emergency workers were able to put a harness under his s

cal-osha har su propia indagacion...t. 4:40:00 si encontramos una situación en donde el patrón sabía que existía un peligro y lo ignoró, tiene multas máximas de 70 mil dólares por violación.. raul zapata deja a una esposa y 3 hijas de 10, 18 y 20 aÑos en su pueblo natal de estacin gutierrez, zacatecas.. s.o.t. karla 2 4:00 en california no importa su estado de estado de inmigración o de ciudadanía, si trabaja en caifornia la ley proteje.. cu - peluffo outro si gusta ayudar con los gastos fnebres de raul zapata, puede acudir al banco wells fargo y dar la informacin que aparece en pantalla.. csar, regreso contigo.. cu ---hoy comparecio ante un tribunal de la ciudad de oakland el adolescente de quince anos de edad take vo ---acusado de asesinar a sus padres adoptivos la semana pasada... ---el menor fue instruido de cargos por presuntament e haber dado muerte a robert kamin y susan poff, quienes lo adoptaron cuando tenia nueve anos de edad... ---la fiscalia planea juzgarlo como adulto ya que consideran el delito como muy gr

cal osha does not typically investigate family projects. the city says there is no permit for the job. >> the construction company in charge of a milpitas site where a carpenter was bury add live is facing new allegations of misconduct officials say they did not have a permit to build the home where the man was working when he was killed. the 37-year-old died saturday morning in a trench when soil around it collapsed. officials say no one should have been working at site because a stop ork order had been issued just three days before the accident. >> and a medical center saved severe penalty as the result of a patient death. california department of public health says the facility failed to provide proper respiratory care to a resident in and the hospital has to pay a $100,000 fine, the highest the state can impose in this case. >> the fire storm around the susan gkomen breast cancer charity is growing tonight. after announce it was ending grants to planned parenthood, people started pulling their support, support going now to planned paren

i was terminated because i spoke out to cal osha, highway patrol, places that could help us. it is your jurisdiction to make sure that the public -- as a supervisor, it is your obligation to your constituents to make sure they have save transit vehicles in your district. but do you do that? no, you sit here and you pass b.s. litigation for the big businesses, you have got to be able to take care of your own infrastructure before you can enhance it. if you cannot do that, if you cannot make a basic decision on making sure your constituents have safe, reliable transportation, there is no need to expand it. commissioner campos: thank you very much. next speaker please. >> my name is cynthia carter. i am also a wrongfully terminated driver of the sfmta due to my filing a sexual harassment charge, due to me being a whistle-blower. something needs to be done. they need to go to sfmta management and see what is going on. when you file a complaint, like i did, sexual harassment charges, i was terminated. they came after me. i was terminated within a year of filing those charges. yet,

and cal/osha could fine the contractor as much as $7,000. reporting live in milpitas, nbc bay area news. >> okay. thank you. >>> it was an unspeakable acts and an unlikely suspect. tonight a teenage boy faces murder charges after allegedly confessing to the murder of his parents in oakland. moses kayman appeared in court today. the 15-year-old boy faces two counts of murder and will be prosecuted as an adult. he's accused of strangling both of his adoptive parents, mother and father, to death and trying to burn their bodies inside the family's parked car. an attorney for the accused teen is expected to enter a plea for his client tomorrowrouring a hearing. >>> new tonight at 6:00, it's a sign of the times. be careful what you tweet. a richmond police officer is in hot water tonight after posting a questionable message on twitter. the police department had to block comments to its own facebookage after b ei flooded with angry posts about the officer's alleged tweet. richmond police sergeant mark rude wrote, "i would go after them with both gu

cal-osha says the builder of the home where a hayward car pen deer died -- carpenter died did not have a permit to dig a deep trench. he died in mill pea dislast saturday. they say it is serious. they have forbidden any building at that site until an investigation into the situation is finished. that could take about six months. >>> the police are looking into a new lead tonight in the 23-year-old kidnapping that drew nationwide attention. a man grabbed 9-year-old makayla joy garrett and forced her into his car and drove off. she hasn't been seen since. and now police are wondering if a death row inmate was involved in that kid p thatting. ab -- kidnapping. leslie brinkly is live at the hayward police department with developments. >> this involves several inmates. a convicted killer, as you said, on death row, is offering potential new leads in the kidnapping of makayla garrett over 23 years ago. >> they were a crime team known as the speed freak killers. hertzog hanged himself on january 16th. he wrote a letter to the stockton newspaper saying hertzog was responsible for the abduction

cal-osha has been notified, and we've sealed off the scene, so a cal-osha inspector can come out and look at the work. >> reporter: the homeowner did not want to talk with us again, as you heard the fire chief saying, cal-osha is planning to come out and investigate what happened here. i'm told this trench was 10 feet deep. the man was trapped for more than three hours. we watched as firefighters shored up the side. they borrowed wood from the neighbor's house to get the sides shored up. they used buckets and hands to remove all of this dirt. early on, throughout this ordeal, we saw the victim actually using his hands to remove dirt and put it in a bucket. there were firefighters obviously trying to keep him responsive. and make sure he didn't lose consciousness. but again, a very happy ending to what could have been a tragic situation in brentwood. >>> tonight, richmond police are investigating a shooting that left within man with a bullet wound in the back. police say he showed up around hilltop mall around 4 this afternoon. according to officers, the man said he was driving on hil

cal-osha has been notified, and we've sealed off the scene, so a cal-osha inspector can come out and look at the work. >> reporter: the homeowner did not want to talk with us again, as you heard the fire chief saying, cal-osha is planning to come out and investigate what happened here. i'm told this trench was 10 feet deep. the man was trapped for more than three hours. we watched as firefighters shored up the side. they borrowed wood from the neighbor's house to get the sides shored up. they used buckets and hands to remove all of this dirt. early on, throughout this ordeal, we saw the victim actually using his hands to remove dirt and put it in a bucket. there were firefighters obviously trying to keep him responsive. and make sure he didn't lose consciousness. but again, a very happy ending to what could have been a tragic situation in brentwood. >>> tonight, richmond police are investigating a shooting that left within man with a bullet wound in the back. police say he showed up around hilltop mall around 4 this afternoon. according to officers, the man said he was driving on hil

they have contacted cal osha, in case this turns into a work-related accident. we're live in brentwood tonight. >> george this, is an amazing story. one question for you, who discovered him in that trench? did he have a cell phone? did he scream out for help? who discovered him? >> reporter: i think we understand that neighbors in the area called 911, when they realized what was going on. lucky for him, someone heard him. >> very good. george kiriyama reporting tonight. >>> that had a happy ending. but cal osha and milpitas police are investigating an accident that killed a worker in milpitas. the city had issued a stop order before the weekend. the man was buried when the trench collapsed and engulfed him in mud. all building has stopped in that construction site on calaveras ridge. >>> new tonight at 11:00, does he hold the key to a decades' old cold case in the disappearance of a 9-year-old haywood girl. a letter he wrote is rekindling a mother's misery. cheryl hurd joins us live in hayward with more. cheryl? >> they have been working on this case for a very

osha is now investigating. he was an undocumented worker from mexico and cal osha says that will have no bearing in this case. >> the law protects all workers regardless of where they come from. regardless of status of the person so. it's important that everyone understands that they have the right if they're working in california they have the right to work in an area that is safe. >> and a 5800 square foot home is being built at that site. the contractor has not commented. >> walnut creek bar owners talking about twiz keep the weekend under control there after more fights and violence broke out saturday night. this afternoon, laura anthony has the story. laura? >> the bar owners planned this meeting before this past weekend. this incident certainly added urgency to the efforts. about a dozen owners and managers attended the meeting this comes one day after the mayor and police chief announced they may push to reduce hours of late-night establishment that's prove to be trouble spots over the weekend there were

cal osha says the contractor should face severe fines. >> they could go up to $75,000 for penalty. >> reporter: lu said it had no contact with them. zatatas' family and friends say, they want justice. >> i don't know why they would continue to let him work if it was an unsafe environment for him. >> reporter: cal osha will be speaking to the attorney's office on whether criminal charges will be filed. >>> a high school in san francisco are telling parents to keep their kids at home tomorrow because of the stomach flu. st.ignacious says 140 students either called in sick or went home sick. tomorrow the entire building will be cleaned and sanitized. classes are set to resume on thursday. parents are also being asked to keep their child home for 72 hours after symptoms seize. >>> and your daytime highs today on the cool side. a lot of clouds moved in. 58 in napa, 57 in vallejo. slightly warmer tomorrow. we're going to start with lots of low clouds and fog. when you wake up 49 in napa, 49 in santa rosa. not freezing but chilly. patchy fog, high clouds moving in overhead. some where around

cal osha says the contractor should face severe fines. >> they could go up to $75,000 for penalty. >> reporter: lu said it had no contact with them. zatatas' family and friends say, they want justice. >> i don't know why they would continue to let him work if it was an unsafe environment for him. >> reporter: cal osha will be speaking to the attorney's office on whether criminal charges will be filed. >>> a high school in san francisco are telling parents to keep their kids at home tomorrow because of the stomach flu. st.ignacious says 140 students either called in sick or went home sick. tomorrow the entire building will be cleaned and sanitized. classes are set to resume on thursday. parents are also being asked to keep their child home for 72 hours after symptoms seize. >>> and your daytime highs today on the cool side. a lot of clouds moved in. 58 in napa, 57 in vallejo. slightly warmer tomorrow. we're going to start with lots of low clouds and fog. when you wake up 49 in napa, 49 in santa rosa. not freezing but chilly. patchy fog, high clouds moving in overhead. some where around

cal-osha says the builder of the home where a hayward car pen deer died -- carpenter died did not have a permit to dig a deep trench. he died in mill pea dislast saturday. they say it is serious. they have forbidden any building at that site until an investigation into the situation is finished. that could take about six months. >>> the police are looking into a new lead tonight in the 23-year-old kidnapping that drew nationwide attention. a man grabbed 9-year-old makayla joy garrett and forced her into his car and drove off. she hasn't been seen since. and now police are wondering if a death row inmate was involved in that kid p thatting. ab -- kidnapping. leslie brinkly is live at the hayward police department with developments. >> this involves several inmates. a convicted killer, as you said, on death row, is offering potential new leads in the kidnapping of makayla garrett over 23 years ago. >> they were a crime team known as the speed freak killers. hertzog hanged himself on january 16th. he wrote a letter to the stockton newspaper saying hertzog was responsible for the abduction

we requested that time information from california's occupational and safety administration or cal osha. that's the agency that inspects the lift. and we were told it would take a month. and would need outside resources from outside agencies. >> our role is to make sure that the ski lift is operating correctly. >> reporter: cal osha says they're job is to make sure the lifts are up to code. they don't set standards. >> the resorts need to address with their manufacturer, how do you make that modification to safeguard a smaller frame person or a larger frame person. >> reporter: but dave byrd says that's not possible. >> there's not a one size that fits all. >> reporter: do you think there should be? >> no. i don't think there should be. >> reporter: why? >> because you have different ski lifts at different heights at different location and different types of terrain. different -- serving different parts of the mountain. >> reporter: instead, he says it's the responsibility of the skier or snowboarder, no matter the age, to be safe on the mountain. >> we do our job here at the resort to

this regulation could potentially impact every employer covered by osha, unless osha exempts small employers or those with less hazardous workplaces. many employers who voluntarily issued safety and health programs have improved their workplace safety culture, but there are serious problems about this standard that osha has not addressed. the moment this regulation gets issued, safety and health programs will go from being a good idea to a legal requirement, which means employers will have to meet osha's standards rather than what works best for them and their employees and what is indicated as best in best practices. osha will have the authority to come in and second-guess an employer about how well they have implemented their program. not surprisingly, then, job creators see the i2-p2 regulation as another osha enforcement tool rather than something that will help them enhance their safety practices. they are not the only ones. a recent land study found that california's i2-p2 regulation which has been in place since 1991 has not prevented, let me say that again, has not prevented workplac

cal osha is being called to investigate the cave in. >>> while building a home in milpitas, a trench collapsed killing a man. they ordered construction to stop last month due to concerns over the rains and no fines or charges have been filed against that contractor. >>> well a search begins for a missing college student who is mentally disabled. he was last seen after leaving class in red wood city and has not contacted his friends or friendly ever since. take a look at the screen, there is a picture of him. he is wearing a black and white sweatshirt with gray baseball shorts. >>> he had with win ramos is expected to take the standing as a witness for the pro prosecution. he is accused of killing tony balogna and his sons michael and matthew bologna while driving home in 2008. he mistook them for rival rang members. >>> a court in san francisco will decide whether to release a landmark. in that fit fall trial, they declared him unconstitutionalel. the they the said yes should be mid-public. >> 21 yays, 21 nays. >> a bill to legalize same sex marriage has cleared in washington and the

they are grieving and cal/osha is investigating. >> this is the situation has tha has nothing to do withmmigration status. they have the right to work in app area that is safe. had a has the sufficient protection in order for them to work safely. >>reporter: the top building inspector for milpitas says building permit for the 5800 square foot home was issued in august of last year. there were a number of inspections including one on january 17th in which the contractor was given a correction list. on wednesday the city issued a stop work order and on saturday the unsafe conditions proved deadly. members of the building trade are outraged. >> it's clear that this person had no regard for their employees. to continue a job after getting a stop notice like this the was just absolutely appalling. >>reporter: general contractor on the permit application is u.s. sign investment ink with richard lou as ceo and president. he list a number of project around fremont including this home on washington boulevard and this one on austin street. homeowner says her friend richard lou is a well respected

. >> this is still in effect so investigations, cal osha has up to six months to complete. >> richard has not returned our calls. there is information he may northbound china where he has business dealings. the family is preparing to return his body to mexico where he lived with his wife and three daughters. in milpitas, abc 7 news. >> and the street public utilities commission chairman will not lead the investigation into the pine line disaster by himself. today the state p.u.c. announced the commissioner and peavy will lead the investigation into whether pg&e should be fined for the disaster. he used to work for the consumer agency before and last week announcing he would have the agency's investigation into the explosion that killed eight people and destroyed 38 homes. and critics blasted the decision and others believe he was responsible for the disaster. >> and let's go to florida to talk about presidential politics. we're following results and all of the polls are closed and there is associated press declared mitt romney the winner. and fla voting officials are expecting about t

cal osha has been called and will be out here to investigate this incident. >>> this is the second person buried alive in the bay area this week. on saturday, a man was buried at a construction site. investigators are looking into that incident because the construction company involved had been ordered to halt all work at the site. >>> oakland police have released new video which the department says shows occupy protestors vandalizing city hall last weekend. here you can see people storming through the front doors. inside, people smashed displays, including a children's art installation. afterward, they took an american flag from inside the building and burned it on the steps of city hall. more than 400 people were arrested during last saturday's protest. >>> more than 20 years after his daughter's kidnapping, garecht is speaking out about the case. michaela was kidnapped in 1988. wesley shermantine, a convict on death row, says he knows who killed her. he claims, his criminal accomplice, loren herzog. >> i don't think she did it. as far as i know from what i understand, the police have b

she is an art to osha in jail tonight on $15,000 cash only bond. she has a court appearance set for later this month. >>> it is the dream of many young girls to become a cheerleader. >> tonight, we see a team of special-needs athletes who are living the dream through the eye of the storm. >> they are the acrobats. they are cheerleaders to twist and jump. it is estimated that there is 1.5 million of them across the country. >> she has always wanted to be a cheerleader. we used to always by her chair leading outfits. >> elisa custer's daughter valerie has down syndrome. this program is designed to help her. >> my name is sharon myers. i am one of the coaches. >> her daughter was a cheerleader but her son's down prevented him from competing. that is until she traveled to atlanta and decided to start one here in maryland. >> we're going to start from the beginning and teach them the basics. then you just work on that. been the more activities that they do and the more times they repeat it, they start to catch on. so we decided that we will push it unti

but cal-osha is now investigating.ear-old man was trapped around 5:0last night and it took -- around 5:30 last night and it took emergency crews three hours to pull him out. it wasn't easy. he was 8 feet deep in the trench and the trench itself was 12 feet long by three feet wide. the earth that swallowed him was described as muddy clay and that muddy clay continued to shift with every movement of the rescue crews. that man was chest deep with dirt. >> he was conscious. he was able to answer questions. he was complaining of some pain to the legs. >> now, we don't know much about the man except that crews say he was from oakland. he is 50. a neighbor tells us that the man was a plumber and was a friend of the homeowner hired to fix a septic line. now, more than 50 emergency crews came to the rescue last night. some of them coming from as far away as moraga. back to you. >> thank you, gil diaz live in brentwood. >>> new admission from pg&e. it failed to check for leaks in gas lines over a large area of california. the ut

this will mean investigative team tonight because cal osha has been called up there and is expected to be here shortly to determine if there were any workplace violations. fire crews tell us that once again the victim is 50 years old and has been trent ported to john or hospital. there is no update on his condition at this hour. >> in the meantime, what an amazing effort on behalf of the rescue crews. >> police release video of occupied protesters setting an american flag on fire. demonstrators cheered as the flag went up in claims and many in the crowd chanting, burn it. this happened saturday night after they broke into oakland city hall. police say the protesters snatched the flag from inside and then torched it outside. they also released video of the break-in. protesters broke the lock and then broke glass, threw furniture and even damage the model of city hall. by the time officers arrived there were about 100 protesters were quickly dispersed. >> through this video, our intention is to identify individuals who are responsible for breaking into city hall. they will identify them

cal-osha is also looking into another accident that left a man buried in wet clay. firefighters rushed to the home last night. it took them three hours to free the worker. the man is a family friend of the homeowner who hired him. the victim's injuries were not life threatening. >>> the nfl is kicking in $200 million for the new 49ers staidument, sealing the deal for the team to move to the south bay. 9 news reporter robert handa is live with the welcome news for the team, city and some fans. >> reporter: we are at the site where workers have been all day. this loan may not mean the stadium is a done deal but supporters are certainly acting that way. >> reporter: they predict the work will soon turn into actual consideration. national football league approved a loan for construction costs that the team and the city say completes the financing. many fans are happy. >> the news the nfl is behind the product is exciting. it is almost as exciting as when davis brought the pass in against the saints. >> reporter: officials were celebrating since the original request to n

they must be osha compliance workplaces. this impact of federal funding hall going in the san francisco. he may not propose any plan that produces so much noise out of love that the neighbors become disturbed. this is the only problem that causes them a disturbance to residents. they would bother almost no one. at that is, it is disturbing people a block away. you people are not allowed to advocate any plan that allows noncompliant workplaces. this is federal law, this is state law. federal funding depends on this. it is good for the employees, it won't hurt anybody, and it will calm the problems with the neighbors. >> i have met several of you last wednesday and i feel like this is going to be a lopsided decision. i feel like families and the entertainment commission wants to expand, but take a look at the family and the needs of the neighborhood. we have a school that is almost actually -- wealmost lost the filipino education center on folsom streets. 15-30 years of community advocacy and nonprofit organizations that actua

they contacted cal osha in case this turns into a work-related accident. >> we're learning the contractor who dug out a trench in milpitas did not have a permit to dig that trench. the "mercury news" reporting that home builders need a state permit for any project that goes deeper than five feet. the trench that collapsed and buried the carpenter on saturday was 12 feet deep. the city and state authorities have banned further building at that site until the investigation into this death is complete. >> 4:37. the stunning story about the local dog walker has made it all the way to washington, d.c. congresswoman jackie spear is demanding answers after the dog walker was tased by a park ranger. she is calling for an independent investigation. gary claim as park ranger used a stun gun to subdue him while he walked two dogs off leash sunday in open space in san mateo county. the ranger claimed he gave a false name and attempted to walk away. >> a federal appeals court is expected to issue a ruling related to proposition 8. the court will decide whether video recordings of the civil trial can b

secondly, there is a system now of retaliation against muni drivers for raising sexual- harassment, and osha complaints about the state of the buses. you voted $60 million for the tunnel, but the buses are falling apart. there is mismanagement and people are being killed. the have untrained drivers. it is killing the people and the public and drivers are being state code. this has to change and we have to stop it. president chiu: thank you. next speaker. >> this 9/11 will be 911 days from the sabbatical cycle. i this found that out sunday. the sabbatical cycle is extremely important in the first coming of jesus christ. in daniel chapter 9, the angel interrupted daniel's prayer and told him there would be 70 sabbatical cycles, or 490 years, and the messiah would come. the first coming of jesus christ was based on a sabbatical cycle. i believe the second is related to the sabbatical cycle. harold camping does not understand the year of jubilee. he thinks he does. march 21, 1996, began the year of jubilee. it was the first state to the countdown of the second trumpet, which happened 2000 days l

because you are a catholic hospital does not mean you can avoid the minimum wage or are exempt from osha laws. there is nothing that takes away their right to perform the basic function of an employer. in this case, it seems to me that the administration is in a position to give an exemption to employers because of their religious nature. >> at week's end, the white house was ready to announce a plan to accommodate religious employers, but my guess is it will not satisfy the bishops and will probably -- "the new york times" reported on friday that they have been gearing up for this for months, and will anchor people on the other side. >> you can expect the bishops to take that position, but they also know that 98% of the catholic women also practice birth control. i don't think the winning argument -- >> the bishops seemed to be seeking to move the goalposts at and to what is to apply not just a catholic institutions but to all catholic employers, private employers. there are two ways this can go. if this appears to women voters who care about this issue to be a violation of religious pr