Natural disaster? Mechanical malfunction? Or something more insidious? While we still have few answers to our questions about the loss of Malaysia Airlines flight MH370, the investigation continues. It would be very difficult to make a SnapCharT® of events, because we have very little information regarding the incident. The evidence included a salvaged airplane door, two stolen passports, and an ocean oil slick that would be consistent with the potential location and type of incident.
In the face of this grievous incident, the world wants answers. Read the following articles for more details on the investigation, and let us know: Do you think it’s a good idea to do what the author of The Star article does by making guesses as to the root cause of the incident? At what point does one have enough facts to conduct an adequate investigation? Is “pilot fault” a valid root cause?
The New York Times: Search for Jet Compounds the Mystery
The Star: Missing MH370: 5 theories on what could have happened to MH370
Graphic courtesy of The Star.
Monday Accident & Lessons Learned: UK RAIB reports on fatal accident at Athelney level crossing, near Taunton, Somerset on 21 March 2013Posted: March 10th, 2014 in Accidents, Current Events, Investigations, Pictures
The following this the summary of the accident report from the UK Rail Accident Investigation Brach about a fatal accident at a level crossing in the UK. The full report includes four recommendations to improve level crossing safety. See the full report at: http://www.raib.gov.uk/cms_resources.cfm?file=/140224_R042014_Athelney.pdf
At about 06:23 hrs on Thursday 21 March 2013, a car drove around the barriers of Athelney automatic half barrier crossing, near Taunton in Somerset. This took the car into the path of a train which was approaching the crossing at high speed. The driver of the car was killed in the resulting collision.
The motorist drove around the barriers without waiting for a train to pass and the barriers to re-open. The level crossing was closed to road traffic for longer than normal before the arrival of the train, because of earlier engineering work that had affected the automatic operation of the crossing. The motorist may have believed that the crossing had failed with the barriers in the closed position, or that the approaching train had been delayed.
He did not contact the signaller by telephone before he drove around the barriers.The RAIB has made two recommendations to Network Rail. These relate to reducing the risk resulting from extended operating times of automatic level crossings andto modifying the location of the pedestrian stop lines at Athelney level crossing. A further recommendation is addressed to Network Rail in conjunction with RSSB,to consider means of improving the presentation of telephones at automatic level crossings for non-emergency use. One recommendation is addressed to the Office of Rail Regulation, to incorporate any resulting improvements which are reasonably practicable into the guidance it publishes on level crossings.
Press Release by the UK Rail Accident Investigation Branch: Passenger dragged a short distance by a train at Holborn stationPosted: March 8th, 2014 in Accidents, Current Events, Investigations, Pictures
Image showing a train in the westbound Piccadilly Line platform at Holborn station
The RAIB is investigating an incident in which a passenger was dragged for a short distance by a train departing from Holborn station on the London Underground system.
The incident occurred on the westbound Piccadilly Line platform at around 19:00 hrs on Monday 3 February 2014. The train had stopped normally in the platform and passengers had alighted and boarded. A member of staff on the platform (station assistant) signalled to the Train Operator to close the doors by raising a baton above his head. The Train Operator observed the raised baton and started to close the train’s doors. At this point a passenger arrived on the platform and moved towards the train, stopping as she realised that the doors were closing. As she stopped, the end of the scarf that she was wearing continued to swing towards the train and became trapped between the closing doors.
The Train Operator was unaware that the scarf was trapped in the door and after confirming that all doors were closed, started to move the train into the tunnel. The passenger was dragged along the platform by her scarf as the train started to move. The station assistant tried to help the passenger by holding on to her and they both fell to the ground. This resulted in the scarf being forcibly removed from the passenger’s neck and carried into the tunnel by the train.
The passenger suffered injuries to her neck and back and was taken to hospital; she is now recovering. The RAIB’s investigation will seek to understand the sequence of events and will examine the arrangements in place for safe despatch of trains from London Underground stations where station assistants are provided on the platform.
The RAIB’s investigation is independent of any investigation by the Office of Rail Regulation. The RAIB will publish its findings at the conclusion of the investigation. This report will be available on the RAIB website.
A 45-year-old food company worker lost part of two fingers that were caught in a rotating drum. The HSE inspector stated that if the machine was properly guarded, the accident wouldn’t have happened. In addition to fines, the company was also banned from using the machine until it was sufficiently guarded. (Read full story on Brent & Kilburn Times.)
An industrial worker in the UK who was cutting posts narrowly escaped death when he couldn’t disable a machine he was trapped in as he was pulled toward a band-saw. Although he lost his arm in the accident, he is grateful to be be able to tell his story. (Read story on thewestcountry.co.uk.)
Would you like help reducing serious injuries at your facility? Mark Paradies has an upcoming 2-day Pre-Summit course with important ideas to revolutionize your fatality/major accident prevention programs and start you down the road to eliminating major accidents.
Monday Accident & Lessons Learned: Penetration and obstruction of a tunnel between Old Street and Essex Road stations, LondonPosted: February 24th, 2014 in Accidents, Current Events, Investigations, Pictures
The UK Rail Accident Investigation Branch investigated the penetration and obstruction of a tunnel between Old Street and Essex Road stations in London. Here is a summary of the report:
“During the morning of Friday 8 March 2013, a train driver reported that flood water was flowing from the roof of a railway tunnel north of Old Street station near central London. The driver of an out-of-service passenger train was asked to examine the tunnel at low speed and check for damage. The driver stopped short of the water flow and reported that two large drills (augers) had come through the tunnel wall and were fouling the line ahead of his train.
The augers were being used for boring piles from a construction site about 13 metres above the top of the tunnel. The operators of the piling rig involved were unaware that they were working above an operational railway tunnel. Its position was not shownon the site plan, or on any map available to either the developer or the local planning authority. As a consequence, Network Rail was not consulted during the planning application stage and was unaware of the construction activity.
The RAIB has determined that approximately half of the piles required for the new development would have intersected with the tunnel had they had been constructed. It has identified two learning points from this incident which are relevant to the construction industry: clients and design teams should be aware of the importance of information shown on land ownership records; and those carrying out investigations for proposed developments should be aware that not all railway tunnels are shown on Ordnance Survey mapping.
The RAIB has also made five recommendations: three are addressed to railway infrastructure managers, and relate to: the provision of information to organisations undertaking property-related searches; the provision of information on the location of railway tunnels and associated subterranean structures; and the identificationof development work by third parties. One recommendation is made to the British Standards Institution relating to the enhancement of a British Standard, and one recommendation is addressed to the Department for Communities and Local Government relating to a recommendation made by the RAIB in 2007 which has not been implemented.”
To see the complete report, visit:
If you are planning to be at Interphex in New York in March, please stop by the TapRooT® booth and say hello. Chris Vallee and I will both be there.
If you are attending the conference, I hope you will also attend my talk, “the seven secrets of root cause analysis” on March 19 at 4:00 PM.
If you have not registered for the conference, you can register as our guest with our compliments for access to the exhibit hall. To take advantage of this opportunity, just go here:
Press Release from the UK Rail Accident Investigation Branch: Fatal accident involving a track worker, near Newark Northgate station, 22 January 2014Posted: February 10th, 2014 in Accidents, Current Events, Investigations
RAIB is investigating an accident involving a track worker who was carrying out lookout duties near Newark Northgate station. The accident occurred at about 11:40 hrs on 22 January 2014. The track worker was struck by a passenger train and suffered fatal injuries.
The track worker was part of a gang of three engaged in the inspection of two sets of points to the south of the station. The train, a passenger service from King’s Cross, was approaching from the south at around 26 mph (42 km/h) and was heading into platform 3 as scheduled.
RAIB’s investigation will consider the sequence of events and factors that may have led to the accident, and identify any safety lessons.
RAIB’s investigation is independent of any investigations by the safety authority or the police. RAIB will publish its findings at the conclusion of the investigation. This report will be available on the RAIB website.
While working underwater to attach tanks to re-float the Costa Concordia, a Spanish diver severely cut his leg on a steel sheet and was temporarily pinned beneath the water. Another diver freed the man and brought him to the surface, but he died later.
See the whole story here:
Press Release from the UK Rail Accident Investigation Branch: Serious near-miss involving a welding gang at Bridgeway user worked crossing, near Shrewsbury, 16 January 2014Posted: February 5th, 2014 in Accidents, Current Events, Investigations, Pictures
From the UK RAIB web site:
RAIB is investigating a serious near-miss involving a welding gang at Bridgeway user worked crossing, near Shrewsbury.
The accident occurred just before midnight on 16 January 2014 and involved train 1J76, the 22:36 hrs service from Manchester Piccadilly to Shrewsbury. At the point of impact the train, formed by a class 175 diesel multiple unit operated by Arriva Trains Wales, was travelling at approximately 85 mph (136 km/h). It braked to a stand in around half a mile (0.8 km).
Seconds before the collision a member of staff jumped off the trolley and clear of the train. A van, inside which another member of staff was unloading equipment, was parked close to the railway and was very nearly struck by the train. Although the train did not derail, it suffered significant damage, including a ruptured fuel tank. The member of staff who jumped clear suffered minor injuries.
The trolley was being loaded on the up line to move equipment southwards, towards Shrewsbury, to undertake a weld repair. However, this line was still open to traffic to allow train 1J76, the last train of the evening, to approach (the down line had been blocked by arrangement with the controlling signaller based in Cardiff).
Image of trolley underneath the damaged train (courtesy of Network Rail)
RAIB’s investigation will establish the sequence of events, examine how the work was planned, how the staff involved were being managed and the way in which railway safety rules were applied. It will also seek to understand the actions of the track workers involved, and factors that may have influenced their behaviour and attitudes.
RAIB will assess the railway industry’s current strategy for undertaking work of this type, and will review the actions taken in response to previous RAIB recommendations relating to the safety of track workers.
What will the cost be at the end of the final BP-Deepwater Horizon trial? Houston Chronicle story provides possibilities…Posted: February 3rd, 2014 in Accidents, Current Events
The story in the Houston Chronicle has the following paragraph:
“Barbier’s rulings on how much oil spilled and other issues, including whether BP was grossly negligent and how to apportion fault among participants in the Macondo well project, will trigger penalty proceedings that could set the company’s environmental fines up to $18 billion. That’s $6 billion more than the company collected in profit in 2012.“
Next time you wonder about what might be the cost of an accident, perhaps your projections aren’t high enough???
For the complete article, see:
Another quote from the article put doubt on the idea that this suit would end BP’s liabilities:
Press Release from the UK Rail Accident Investigation Branch: Engineering train collision at Kitchen Hill, near Penrith, 12 January 2014Posted: January 30th, 2014 in Accidents, Current Events, Investigations
The RAIB is carrying out a preliminary examination into a collision at Kitchen Hill, 3 miles north of Penrith station on the West Coast Main Line.
At 13:25 hrs on Sunday 12 January 2014, train 6L42 (comprised of 10 ballast wagons and a locomotive at each end) was travelling in a work site when it collided with the back of a stationary ballast train that was standing at the board marking the end of the work site. Train 6L42 was travelling at around 19 mph at the time of the impact. As a consequence of the collision, the buffers of the first wagon on train 6L42 overrode those on the leading locomotive; and the leading bogie of the wagon and the trailing bogie of the locomotive became derailed.
When the driver of train 6L42 saw that a collision was imminent he applied the emergency brake and jumped from his cab, sustaining serious injuries. The derailment caused damage to the track which required local repairs, and some limited damage to the rolling stock involved.
The RAIB’s preliminary examination will examine the rules applicable to the management of engineering train movements, and the regulation of their speed, in work sites. It will also examine the way in which key information was communicated between the parties involved.
The RAIB will consider previous similar accidents; in particular the collision between two engineering trains at Leigh-on-Sea in April 2008 (report 24/2009), and a stoneblower and ballast regulator near Arley in August 2012 (report 12/2013).
The RAIB’s preliminary examination is independent of any investigation undertaken by the Office of Rail Regulation.
At the conclusion of the preliminary examination the RAIB will publish its findings on the RAIB website.
Visit this website for motivation by creating your own poster:
And here’s where the “Keep Calm” poster originated …
Monday Accidents & Lessons Learned: Two Reports with Lessons Learned from the UK Rail Accident Investigation Branch about Track Workers Being Struck by TrainsPosted: January 6th, 2014 in Accidents, Current Events, Investigations, Pictures
This is a summary of the investigation from the UK Rail Accident Investigation Branch…
At 13:50 hrs on Tuesday 4 December 2012, a train travelling from Scunthorpe to Lincoln struck and fatally injured a track worker at Saxilby, near Lincoln. The individual concerned was acting in the role of Controller of Site Safety (COSS) at the time of the accident. He was involved in work taking place on one of the two tracks at this location which was closed to rail traffic, but standing close to the adjacent line over which trains were still operating.
The RAIB’s investigation found that the COSS stepped back into the path of the train as it passed the site of work. The following factors led to the accident:
- the COSS had not implemented a safe system of work for the task that was being undertaken at the time that the accident occurred;
- none of the other track workers on site challenged the absence of a safe system of work or the actions of the COSS who was working within an unsafe area;
- the COSS became distracted and did not see or hear the approaching train; l no effective action had been taken in response to the involvement of the COSS in two other safety incidents in the two months preceding the accident;
- the COSS had not been subject to an effective formal performance review by the agency (SkyBlue) that had hired him for COSS duties for the work taking place on 4 December 2012 and on other occasions; and
- deficiencies and omissions within SkyBlue’s management systems had not been identified by its parent company (Carillion).
The RAIB has also observed that the processes employed by the railway industry during its own investigation into the accident at Saxilby may have taken insufficient account of the trauma that some of the witnesses were suffering as a result of their proximity to the accident.
The RAIB has made four recommendations. Three recommendations have been made to Network Rail regarding the use of agency staff in safety leadership roles, measures to address the risk arising from the use of agency staff in any role that involves working on and around the track and its processes for interviewing witnesses after serious incidents and accidents. One recommendation has been made to Carillion in conjunction with SkyBlue in respect of reviewing the effectiveness of changes made to safety management arrangements following the accident at Saxilby.
For the complete investigation report, see:
Watch this video …
Then read this article:
Press Release from the UK Rail Accident Investigation Branch: Locomotive failure near Winchfield, HampshirePosted: December 22nd, 2013 in Accidents, Current Events, Investigations, Pictures
Image of 34067 “Tangmere” locomotive
The RAIB is investigating the failure of a steam locomotive hauling a passenger train, which occurred between Fleet and Winchfield stations on Saturday 23 November 2013.
At about 18:50 hrs, train 1Z94, the 17:48 hrs charter service from London Waterloo to Weymouth, was approaching Winchfield, where it was due to stop for the locomotive to take on water. While the train was travelling at about 40 mph, the right-hand connecting rod of the locomotive, former British Railways (Southern Region) 4-6-2 34067 “Tangmere”, became detached at the leading end (referred to as the small end), and dropped down. The end of the detached rod struck the conductor rail, and there was some electrical flashing. This was noticed by the locomotive crew, and the driver stopped the train immediately, about one mile outside Winchfield station. After running along the conductor rail for some distance, the connecting rod dropped onto the sleeper ends just before the locomotive came to rest.
The locomotive’s support crew dismantled the connecting rod, and the train was then assisted by the diesel locomotive that was attached to its rear as far as Basingstoke, where the passengers transferred to another train to continue their journey.
The RAIB’s preliminary examination found that the small end assembly, in which the connecting rod is secured in the crosshead by a gudgeon pin and associated nut and cotter, had come apart. The gudgeon pin was found intact, lodged on the locomotive, but the nut and cotter have not yet been recovered.
The RAIB’s investigation will seek to identify the sequence of events leading to the connecting rod becoming detached. It will include the design, manufacture, installation and maintenance of the components making up the crosshead and piston assembly, and relevant aspects of the operation and maintenance of the locomotive.
The RAIB would be pleased to hear from anyone who has a photograph or video recording showing detail of the right-hand side of Tangmere, taken at Waterloo or subsequently on the journey during the evening of Saturday 23 November.
The RAIB’s investigation is independent of any investigation by the Office of Rail Regulation.
The RAIB will publish its findings, including any recommendations to improve safety, at the conclusion of its investigation. This report will be available on the RAIB website.
The Wall Street Journal Reports: “A federal jury convicts ex-BP engineer of destroying evidence about the Deepwater Horizon oil spill.”Posted: December 19th, 2013 in Accidents, Current Events
The WSJ reports:
“Prosecutors argued the engineer, Kurt Mix, deleted hundreds of text messages he sent and received from his supervisor and a contractor, in an effort to hide evidence the company knew more oil was leaking into the Gulf of Mexico than it had revealed publicly during the three-month spill.”
“Lawyers for Mr. Mix said the deleted items were mainly personal messages that mentioned the spill only in passing.”
“Mr. Mix was found guilty on one count of obstruction of justice for deleting messages to and from his boss, but acquitted on a second count involving a contractor, according to one of his lawyers.”
“Mr. Mix didn’t testify during trial. The count carries a maximum sentence of 20 years in prison and a $250,000 fine. He will be sentenced at a later date.”
For the whole story, see:
Sentencing for Mr. Mix will be held on January 21.
We just saw a loss of life in the local Tennessee area following a flat tire while still on the roadway. The driver with the flat tire stopped in or near a high traffic lane, got out of the vehicle and was killed when cars hit the stopped car. Unfortunately, this type of fatality or near miss to a fatality happens too frequently in all parts of the world.
If you drive, know someone that drives or knows someone that will soon be getting a license to drive, please heed the following…..
Do not stop in the travel lanes for any reason (lost or confused about directions, vehicle breakdown, or letting out a passenger). Keep moving until you can safely pull your vehicle off the roadway. (reference the Tennessee Driver’s Manual)
Monday Accident & Lessons Learned: 5 Recommendations from the UK Rail Accident Investigation Branch to Keep Track Workers from Being StruckPosted: December 16th, 2013 in Accidents, Current Events, Investigations, Pictures
Here’s a summary of the UK RAIB report:
At 09:31 hrs on 6 August 2012, train 2W06, the 09:25 hrs service from Nottingham to Worksop, struck and seriously injured an off-track inspector on the up-down Mansfield line near to Bulwell station, in Nottingham. At the time of the accident, the off-track inspector was undertaking an inspection of lineside vegetation on foot.
The off-track inspector was struck by the train because he was standing too close to the track. His awareness of where he was standing had become reduced as he was focused on determining his location. It may also have become reduced because he needed to concentrate on some elements of the inspection.
Because the off-track inspector was working on a line open to railway traffic, he had implemented a pre-planned system of work to protect himself from train movements. However, this system of work was unsuitable for the location and task being undertaken. Had the most appropriate type of system of work been planned and implemented, then the accident would have been avoided. The off-track inspector did not realise that the system he was using was unsuitable during the inspection, probably due to the way in which it was implemented. He had also not realised it was unsuitable when the system was issued to him prior to the inspection; this was because the information provided to help him check that it was appropriate did not effectively highlight why it was unsuitable.
This system of work was issued to the off-track inspector because the planner who had prepared it was unfamiliar with the location. Information provided to support her decisions about which type of system to use either did not effectively highlight its unsuitability or was found by her to be impracticable to use given her workload.
In addition, it had become normal practice within the off-track section to plan and implement the least protective type of system of work for undertaking vegetation inspections. This was, in part, because the section only had a limited range of systems to choose from, but probably also because there was an informal agreement within the section to adopt this practice, which contravened the requirements of Network Rail’s standards. Senior managers were unaware that this had occurred as they were provided with inaccurate safety monitoring data. The increased workload of planners within off-track sections was also identified as a factor in the accident.
The RAIB has identified two key learning points. These are: that the relevant Network Rail standard should be observed during the planning, approval and verification of systems of work; and that any incident where a train has struck something whilst passing persons working on or near the line should be initially treated as an accident.
The RAIB has also made five recommendations addressed to Network Rail. These relate to: the provision of information to staff about which systems of work have been found to be appropriate for given locations; the monitoring of which system of work types are being used; the resources available within off-track sections to plan and approve systems of work; how previous measures taken by Network Rail to improve the management of systems of work were implemented; and the provision of information to staff regarding the required warning times when working alone.
For the complete report with the recommendations, CLICK HERE.
Last week we shared some quick tips and staggering stats on Fall Safety and Electrical Safety during the holiday season. Here are a few tips from The Electrical Safety Foundation International to keep you and your children safe when displaying your decorations.
- Make sure your Christmas tree is fresh, and keep it hydrated by refilling the stand. It will pose less of a fire hazard this way.
- With artificial trees, look for a fire resistant one.
- Don’t use electrical ornaments or lights on trees with metallic leaves or tinsel in them.
- Place your tree at least 3 feet away form heat sources, including fireplaces, radiators, and heaters.
- 45% of home décor fires start with candles.
- An average of 260 homes fires begin with Christmas trees each year, resulting in 12 deaths, 24 injuries, and $16.4 million in damage.
Check out this Fire safety video comparing the flammability of a poorly watered tree and properly watered tree: Click Here
- Keep children supervised around candles and electrical lights.
- Never allow them to use garlands, tree lights, and cords as playthings – they pose a strangulation hazard.
- All small, fragile ornaments and decorations should be placed out of children’s reach, as children may break them and get hurt, or simply put them in their mouth.
- Cover all unused outlet with electrical tape or plastic covers.
First Press Release…
Buffer stop collision at Chester station
At 12:10 hrs on Wednesday 20 November 2013 a passenger train collided with the buffer stop at the end of platform 1 at Chester station and became derailed. The train involved was the 10:10 hrs Virgin Trains service from London Euston to Chester. Two passengers on the train were slightly injured in the collision.
As the train approached Chester station the driver applied the brakes to reduce the speed for the 20 mph speed limit into the platforms. The weather at the time had been dry but a rain shower was just starting and the adhesion between the wheels and rails was reduced. The train’s wheel slide protection system detected that the wheels were sliding on the rails, regulated the application of the brakes, and the train was able to achieve a rate of deceleration sufficient to bring its speed down to within the speed limit as it approached the station.
As the train approached the platform the driver lightly applied the brakes again but the wheels immediately started to slide. Despite the immediate automatic activation of the wheel slide protection system, the train’s deceleration was insufficient to bring it down to a safe speed as it moved along the platform. Consequently, the emergency brakes were applied by train protection and warning system and the driver pressed the emergency stop button very shortly afterwards. The combination of emergency braking and the detection of wheel slide triggered the automatic sanding system on the leading vehicle to drop sand onto the rail head.
The presence of the sand improved adhesion for the wheels that ran over it and the speed was reduced before the train collided with the buffer stop at the end of the platform.
The buffer stop was of an old design with only minimal capacity to absorb energy. The train destroyed it before overriding its remains to mount the platform where it came to rest. The front bogie was lifted off the track as the front of the leading vehicle rode up onto the platform.
Platform 1 was closed to traffic until the following day for recovery of the train and repair of the track and buffer stop.
The RAIB’s investigation will seek to identify the sequence of events. It will include consideration of the braking system on this train, in particular the wheel slide protection system and the sanding equipment. It will also consider adhesion conditions in the area at the time (using information from other trains that experienced low adhesion conditions that day), the condition of the rails on the approach to the platform and the efficacy of any actions taken to treat the rail head.
The RAIB will also take into consideration the findings from other similar events that the RAIB has investigated; most notably the investigation into a series of low adhesion events in the autumn of 2005 (RAIB report 25/2006, parts 1 to 3).
The RAIB’s investigation is independent of any investigation by the Office of Rail Regulation.
The RAIB will publish its findings, including any recommendations to improve safety, at the conclusion of its investigation. This report will be available on the RAIB website.
Second Press Release…
Barratt’s Lane No.2 footpath crossing (image courtesy of BTP)
Fatal accident at Barratt’s Lane No.2 footpath crossing, Attenborough, Nottinghamshire
The RAIB is investigating a fatal accident that occurred at Barratt’s Lane No.2 footpath crossing, at Attenborough, Nottinghamshire, on Saturday 26 October 2013. At about 14:50 hrs, an elderly female pedestrian who was crossing the railway, was struck by a train travelling from Nottingham to Birmingham, and killed instantly.
The crossing, which is over two tracks, links two residential areas. Immediately prior to the accident another train, travelling towards Nottingham, had been stopped at a signal near to the crossing and its presence may have distracted the pedestrian.
The RAIB’s investigation will identify the sequence of events which led to the accident and any factors which may have influenced the actions of the user. It will also examine:
• Network Rail’s management of the crossing; and
• the history of the crossing.
The RAIB’s investigation is independent of any investigation by the safety authority (the Office of Rail Regulation) or the British Transport Police.
The RAIB will publish a report, including any recommendations to RAIB website.
The Indian Navy had two major fatality accidents (a submarine fire and sinking and a frigate collision and fire) in just three months. But the head of the Indian Navy, Admiral D.K. Joshi, is quoted as saying:
“Our accident record is not that bad.“
Believe me, if you are killing your sailors in peacetime with needless accidents, your record IS bad. Take that as a lesson learned.
Read about the controversy here:
What do you think?