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Maui County is facing a nearly $145,000 penalty for “serious” violations related to the death of a firefighter who was swept into a storm drain while responding to flooding in Kihei in January. 

The state Department of Labor and Industrial Relations’ Hawaii Occupational Safety and Health Division, also known as HIOSH, is seeking a total of $144,870 in penalties from the county, saying that Fire Department personnel “were not adequately trained in the dangers of flood incident response,” and that safety devices, a chain link fence and a grate covering in the Kulanihakoi storm drain area were not in place when the incident occurred. 

Tre’ Evans-Dumaran, a 24-year-old Maui County firefighter, was responding to storm conditions impacting residences at Oluea Street in Kihei on Jan. 27 when he was swept into the storm drain. He was retrieved 800 yards away where the drain ended near the shoreline at Kulanihakoi Street, according to the county. He was taken to Maui Memorial Medical Center in critical condition and later died on Feb. 4.

Maui County spokeswoman Mahina Martin said that the county has chosen to not challenge the findings of the HIOSH report.

“We’ve cooperated fully and appreciate the work by HIOSH as they conducted the investigation,” she said on Wednesday afternoon.

Kamehameha Schools Hawaii’s Tre Evans-Dumaran competes in the boys 110 hurdles at Yamamoto Track & Field Facility at War Memorial Stadium in 2015. The all-star in track and field later became a Maui County Firefighter. The Maui News / MATTHEW THAYER photo

The county focused on the “care and well-being of Tre’s family and his fellow firefighters” immediately following the incident, she added.

The county formed an internal review panel but paused it as HIOSH began its formal investigation.

Now that HIOSH has made its determinations, Martin said the county “will proceed forward with reinforcing training and expanding standard operating guidelines that our personnel use to guide their actions in an emergency response incident.”

“A review of procedures has been underway and will continue,” she added.

Evans-Dumaran’s family could not immediately be reached for comment on Wednesday. 

Wailuku’s Bart Evans, grandfather of fallen Maui County firefighter Tre’ Evans-Dumaran, wears a handmade sign taped to his chest while observing Mayor Richard Bissen Jr’s State of the County address last month at the County Building in Wailuku. Evans said he hoped to honor his grandson and raise community awareness so he is not forgotten. Evans-Dumaran was swept into a storm drain by floodwaters while on duty on Jan. 27. He was found 800 yards away along the shoreline and later died from his injuries. “Why did he die?” Evans asked. “If it was about saving lives, that’s OK, but when it comes to protecting property, I ask for transparency. A precious life was lost. I don’t want any family to go through this.” The Maui News / MATTHEW THAYER photo

The citation and notification of penalty documents assess a penalty of $82,370 to the county Department of Public Works. It also assesses a penalty of $62,500 to the county Department of Fire and Public Safety. 

HIOSH issued Public Works a citation for six separate items and classified them all as “serious.” 

This included not having a chain link fence and a grate covering in place. HIOSH said that the chain link fence was a “physical guard or barrier to prevent anyone from falling into the storm drain channel.”

It added that the unprotected areas next to the head wall on Oluea Street exposed DPW Highways Division employees and Fire Department crews to serious injuries or death due to hazards of falling into the storm drain channel that was overflowing with storm rainwaters. 

Martin said that the fencing is now up and that it was removed that day in preparation for equipment access.

HIOSH said the firefighter fell while walking next to the unprotected head wall area, ended up in the storm drain channel and was sucked into a drainpipe that did not have a grate.

Martin confirmed Wednesday that the grate has been reinstalled.

Another issue HIOSH noted was that DPW Highways Division supervisors and managers who were at the Kulanihakoi storm drain channel incident scene on Jan. 27  “were not adequately trained to recognize the potential and actual hazards in the area or on how to maintain safety and health protection for the employees who were instructed to remove the chain link fencing on the head wall to the storm drain channel during a high rain flooding event.” 

For the citation issued to the Fire Department, HIOSH noted that the firefighter who fell into the storm drain channel waters was not wearing a personal flotation device and that a supervisor was “not adequately trained to recognize the hazards associated with the water differential pressure force from the water in the Kulanihakoi storm drain channel flowing downhill and into the head wall drain opening and drainpipes.”

MFD’s citation was for four separate items that were classified all as “serious.”

HIOSH recommended that both DPW and the Fire Department “develop and institute a safety and health training program for all employees so they have an understanding of the hazards to which they may be exposed, and the procedures or practices needed to protect them from these hazards.” 

HIOSH also said that for both agencies, there should be training for managers and supervisors that will enable them to recognize potential hazards, maintain safety and health protection in the work area, and reinforce employee training on the nature of potential hazards and required protective measures. 

Violations need to be abated by May 17, HIOSH said. 

* Staff Writer Melissa Tanji can be reached at mtanji@mauinews.com.

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