Did swan contribute to worker’s drowning?
April 20, 2012 by Fred HosierPosted in: Bizarre Accident of the Week, Compliance, Fatality, In this week's e-newsletter, Latest News & Views, OSHA news
PDF OSHA is investigating the death of a worker for a company that supplied swans and dogs to keep geese away from business and residential properties. Reports suggest one of the animals may have played a part in the worker’s drowning.
Anthony Hensley, 37, worked for Knox Swan and Dog LLC of North Barrington, IL.
On April 14, Hensley was checking on swans the company had placed at the Bay Colony Condominiums near Des Plaines, IL. Police say Hensley was using a kayak at a pond when an attack by one of two swans there caused him to fall out of the kayak, into the water and drown.
Police believe Hensley either got too close to the swan or its nesting area.
Witnesses say the swan continued to swim after Hensley as he tried to make it to shore. A witness called 9-1-1, but by the time rescue crews arrived, Hensley was under water. An autopsy found he died from drowning.
Hensley is survived by his wife and two daughters, 18 months and 3 years.
An OSHA spokesman says the agency will determine whether Hensley was wearing a life jacket.
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Tags: geese, life jacket, swan, worker drowning
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April 24th, 2012 at 9:20 am
My sympathies go out to the family of this man, and especially to the children that will never really know their father. 29CFR 1926 is a construction standard, not a general industry standard. This company is not in the construction industry so the referenced standard would not apply. With that being said, common sense would state that the employer would require that when working from a kayak one would wear a proper personal flotation device to prevent drowning. Since OSHA does not regulate common sense, this is a 5(a)(1) violation and a willful one at that.
April 24th, 2012 at 3:26 pm
As a kayaker, I am surprised that the man was not wearing life vest. First rule of boating is to always have one for each person in any watercraft plus at least one extra, just in case of emergency. For a company not to require an employee not to wear one, is even worse. Do not blame the swan, blame the employer for not protecting his employee. The swan was doing what it was suppose to do: protecting itself and its offspring. I am from an area not far away from Des Plaines, IL so I understand the swan problem as there have roundups and kills here. I am not agreeing or disagreeing with the process, but I have had ducks and other birds dive bomb when out in a canoe or kayak. It is not jsut swans.