The following statement is in response to the criminal charge filed today in
connection with the fatal accident at Metro Transit’s Central-Atlantic Base in
Seattle.
The accident has resulted in a vehicular homicide charge filed against an
equipment service worker who was driving a bus on the base when he struck and
killed transit operator Victoria Chiudina in the early evening hours of Nov.
25, 2003. The equipment service worker’s duties included servicing buses and
moving them around the base.
"We remain greatly saddened by the accident and the seriousness of this
charge and will aggressively pursue a better understanding of the circumstances
that contributed to this tragedy," King County Department of Transportation
Director Harold Taniguchi said. "Now that the police investigation is complete,
we will soon be able to conclude our own internal investigation into this
accident. While we cannot reverse the tragic outcome, we are committed to
learning everything possible about the circumstances to ensure that this type
of incident never happens again."
According to charging documents filed this morning, equipment service worker
Gerry Lavigna appeared to have been affected by his use of prescribed
medication. Metro is awaiting the full police report. Prior to the accident, he
had not informed his supervisor that his ability to perform his job tasks was
being impaired by medication, vision problems or a medical condition.
While federal and state law restrict an employer’s ability to release
information about its employees’ medical conditions, Metro can confirm it was
aware Mr. Lavigna had a medical condition. However, Taniguchi says the
equipment service worker did possess a valid Commercial Drivers License issued
by the state Department of Licensing indicating he was fit to perform his job.
According to King County policy, employees are prohibited from being on
county property while under the influence of performance-impairing substances,
and in fact, have a duty and responsibility to alert their doctor to this
policy when medication is prescribed. Employees who have no other treatment
alternatives are allowed to use sick leave until their condition improves.
The equipment service worker remains on paid administrative leave pending
the completion of Metro’s investigation, which is expected within the next two
weeks. Upon completing its investigation, Metro will take any appropriate
action relating to Mr. Lavigna’s employment consistent with the agency’s
accident review findings. Following completion of the investigation, Metro will
also consider whether any policies or procedures need to be revised.
