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Welcome to Texas Work Injury Law Blog

This website is maintained by the Law Offices of Dean Malone, P.C., a Dallas, Texas law firm representing people across Texas for work injury cases. We have attempted to provide useful information for those harmed by work injuries.

Posts Tagged ‘Albany’

Dallas Work Accident Lawyer – A Vinyl Floor Manufacturer Faces $514,236 in OSHA Penalties Following 2 Workplace Injury Incidents

Thursday, January 4th, 2018

English: Buildings on the eastern side of the ...

English: Buildings on the eastern side of the 100 block of N. Main Street (State Route 18) on the Seneca County side of Fostoria, Ohio, . These buildings are part of the , a historic district that is listed on the . (Photo credit: Wikipedia)

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A Company Headquartered in Dallas, Texas, is Fined $112K by OSHA – Part 2

Friday, August 14th, 2015

EXPO 2005 of NEDO Energy Plant

EXPO 2005 of NEDO Energy Plant (Photo credit: Wikipedia)

Southcross Energy Partners GP LLC in Gregory, Texas, allegedly committed one wilful and six serious safety violations, according to the report on a January 20, 2015, inspection by the Occupational Safety and Health Administration (OSHA). The company, headquartered in Dallas, faces $112,000 in proposed fines.

Details about more of the alleged OSHA safety violations against Southcross Energy Partners GP follow:

During the inspection, OSHA alleges that Southcross Energy failed to prepare management of change documents which addressed the following changes that were not documented or evaluated prior to installation and operation:

  • Human Management Interface (HMI) system change from the Wonderware to the Rockwell Facetalk software/hardware system.
  • Valve replacement at the Recompressor discharge pipeline, Copano pipeline, and the Stedman pipeline.

These alleged actions violated the OSHA requirement in which employers must establish and implement written procedures to manage changes to process technology, equipment, chemicals, and procedures as well as changes to facilities that affect a covered process. Proposed penalties for this alleged violation are: $7,000.

OSHA alleges that at his workplace, the employer failed to establish or update operating procedures to ensure employees safely and accurately performed required procedures, such as: Normal operations and emergency operations. Proposed penalty for the alleged violation amount to: $7,000.

At this workplace, the employer failed to promptly address the incident report corrective actions recommendations for the natural gas liquids vapor released occurring at Plant number one on or about December 14, 2014.

Read more about the alleged OSHA violations in Part 1 of this two-part series.

–Guest Contributor


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A Company Headquartered in Dallas, Texas, is Fined $112K by OSHA

Friday, August 14th, 2015

Pipeline, see Goldfields_Water_Supply_Scheme

Pipeline, see Goldfields_Water_Supply_Scheme (Photo credit: Wikipedia)

Southcross Energy Partners GP LLC in Gregory, Texas, allegedly committed one wilful and six serious safety violations, according to the report on a January 20, 2015, inspection by the Occupational Safety and Health Administration (OSHA). The company, headquartered in Dallas, faces $112,000 in proposed fines. In a summary statement, the area director of OSHA in Corpus Christi, Michael J. Rivera, alleges that the company failed to make adequate plans regarding the management of worker safety by finding and fixing hazards. According to Rivera, the workplace environment was potentially deadly and, fortunately, no one was injured.

Details about the alleged OSHA safety violations against Southcross Energy Partners GP follow and continue in this ongoing series:

  • The employer allegedly failed to train each employee before they were involved in operating a newly assigned process in the operating procedures related to the Human Machine Interface (HMI) software control and data communication changes from the old Wonderware to the new Rockwell systems. Proposed penalty for this serious violation: $7,000.
  • The employer allegedly failed to adequately implement written procedures in order to maintain the integrity of process equipment, such as, but not limited to, the Emergency Shut Down (ESD) valves at: The Recompressor discharge pipelines, the Copano discharge pipelines, and the Stedman discharge pipelines. Proposed penalty for this serious violation: $7,000.
  • The employer allegedly did not perform tests and inspections on process equipment. Specifically, at this workplace, the employer allegedly did not test and inspect critical process equipment, such as but not limited to, ESD valves, control valves, and pressure relief valves. Employees at this workplace were exposed to explosion and fire hazards and to the catastrophic release of flammable gases. Proposed penalty for this serious violation: $7,000.

–Guest Contributor


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Texas Injury Attorney – Worker Denied Requested Safety Gear and Falls; Katy, TX, Company Fined $362,500 – Part 6

Wednesday, July 29th, 2015

English: Building construction in Riga in 2010.

English: Building construction in Riga in 2010. (Photo credit: Wikipedia)

The Occupational Safety and Health Administration (OSHA) recently cited alleged safety violations against Cotton Commercial USA Inc. of Katy, Texas, and Gardia Construction, located in Gretna, Louisiana. The inspection and citations were the direct result of a construction fall injury that occurred on January 24, 2015, in which the worker suffered fractured arms and severe contusions.

Personal Fall Arrest Systems

OSHA provides details about safety procedures, including specifics on how to use equipment. Personal Fall Arrest Systems (PFASs) are among the types of safety equipment to be used in construction jobs to protect workers from falls. A PFAS is used to safely stop (or arrest) an employee in the event he or she falls from a working level. The device consists of an anchorage, connectors, and a body harness. Other possible components can include a lanyard, lifeline, deceleration device, and suitable combinations. Safety belts are prohibited from being used as part of a PFAS.

When employers choose to use a PFAS as a means of employee fall protection, they must:

  • Limit the maximum stopping force on a worker to 1,800 pounds when used with a body harness.
  • Be rigged so that an employee can neither free fall further than 6 feet nor contact a lower level.
  • Bring an employee to a full stop and limit the maximum deceleration distance a worker travels to 3.5 feet.
  • Have sufficient strength to withstand twice the potential impact energy of an employee free-falling 6 feet or the free fall distance the system permits, whichever is less.

Read Part 1, Part 2, Part 3, Part 4, Part 5, and this continuing series for more details about the citations made against Cotton Commercial and Gardia Construction for alleged safety violations, more information about fall hazards on construction jobs, and specifics about OSHA safety guidelines regarding Safety Monitoring Systems.

–Guest Contributor


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Worker Denied Requested Safety Gear and Falls; Katy, TX, Company Fined $362,500 – Part 3

Wednesday, July 29th, 2015

English: New home construction in Rumson, New ...

English: New home construction in Rumson, New Jersey. (Photo credit: Wikipedia)

The Occupational Safety and Health Administration (OSHA) recently cited alleged safety violations against Cotton Commercial USA Inc. of Katy, Texas, and Gardia Construction, located in Gretna, Louisiana. The following are more details about the citations against Cotton Commercial resulting from Inspection Number 1022192, inspection date January 29, 2015:

OSHA alleges that the employer failed to protect workers engaged in roofing activities on low-slope roofs with edges 6 feet or more above lower levels and with unprotected sides from falling by providing safety net systems, personal fall arrest systems, guardrail systems, or a combination of warning line system and safety net system, or a combination of warning line system and guardrail system, or warning line system and personal fall arrest system, or warning line system and safety monitoring system. The most recent alleged violation occurred on January 24, 2015, in addition to times prior, where the employee was on a roof approximately 12 feet in height without fall protection. The proposed penalty for this alleged wilful violation is: $70,000. This same wilful violation was cited against Cotton Commercial four times, for a total of $280,000.

The alleged violations brought against Gardia Construction in Inspection Number 1022183, inspection date January 29, 2015, follow:

The employer allegedly failed to make inspections of the jobsite, which exposed employees to fall hazards. The proposed penalty for this serious violation is: $4,900.

Read Part 1, Part 2, and this continuing series for more details about the citations made against Cotton Commercial and Gardia Construction and for information about fall hazards on construction jobs.

–Guest Contributor


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Worker Denied Requested Safety Gear and Falls; Katy, TX, Company Fined $362,500

Wednesday, July 29th, 2015

(Photo by S. A. McHugh)

(Photo by S. A. McHugh)

The Occupational Safety and Health Administration (OSHA) recently released the news about two companies that have been cited for alleged violations; and the inspections arose after a Texas man was denied requested fall protection equipment and suffered serious construction work injuries. For alleged safety violations, Cotton Commercial USA Inc. of Katy, Texas, has been fined $362,500 and Gardia Construction, which provided the laborers for Cotton Commercial, has been fined $4,900.

A temporary worker was assigned to climb up a ladder and work on a roof, and he requested a safety harness. His request was denied. The man ended up falling through the roof, which was a 12-foot drop. The injured construction worker suffered severe contusions and fractured arms and required hospitalization. Following the incident, Cotton Commercial was required to report the incident to OSHA within 24 hours, but they waited three days to make the report. Subsequently, OSHA inspectors visited both Cotton Commercial and Gardia Construction, which resulted in the citations.

John Hermanson, OSHA Regional Administrator, said that on the day after the worker was injured, Cotton Commercial took steps to ensure that all workers were provided with required safety equipment and that it shouldn’t have taken someone suffering a serious injury for them to comply with the law that they were well aware of.

Throughout the United States, approximately 227 workers are employed by Cotton Commercial, which provides remediation services for residential and commercial structures which have been damaged in disasters. When the above-mentioned accident occurred, workers compensation insurance was provided by Texas Mutual. The current workers comp provider for Cotton Commercial is Affordable Insurance of Texas.

Gardia Construction, which is located in Gretna, Louisiana, and regularly provides labor to Cotton Commercial, employs approximately 80 workers and does not carry workers compensation insurance.

Read this continuing series to learn more about the safety violations that OSHA alleges Cotton Commercial and Gardia Construction committed.

–Guest Contributor


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Texas Lawyer: Annual Workplace Safety Conference to be Held in Austin, Texas, May 19-21 – Part 3

Friday, May 22nd, 2015

Português do Brasil: Standard Personal Protect...

Português do Brasil: Standard Personal Protective Equipment for agriculture (Photo credit: Wikipedia)

One of the topics spotlighted at the 19th Annual Texas Safety Summit this week was hazardous materials and communication. Hazard communication is basically ensuring that employers and employees are supplied with information about all of the dangers associated with chemicals produced or imported.

An extensive list of resources is provided in connection with the summit, including the following information from the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard:

  • New hires, fulltime and part-time employees, and contractors are required to be trained on each of the following:
    • Pictograms
    • SDS format to facilitate understanding and recognition of the product, first aid requirements, and required personal protective equipment (PPE)
    • Label elements
    • Locations of SDSs
    • The specific chemicals the workers will be exposed to
    • All chemicals in supply lines within the site
    • All hazardous substances storage areas must be secured, identified by signage, and properly ventilated.
  • When an employee performs non-routine tasks, he or she must be thoroughly advised by a designated contact of special precautions to follow. Information that each employee must be supplied with includes:
    • The specific chemicals and their hazards;
    • The PPE required;
    • Safety measures to be taken;
    • Measures that were already taken to lessen the hazards, such as providing respirators and ventilation; and
    • Emergency procedures.

Worker fatality rates and injury rates are still far too high in Texas. Much more needs to be done to motivate employers to implement safety procedures that save lives and prevent injuries. Learn more information about workplace safety that is available in connection with this safety summit in Part 1 and Part 2 of this three-part series.

–Guest Contributor


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Two School Bus Drivers and Dozens of Children Injured in Crowley, Texas

Thursday, April 30th, 2015

Deutsch: Schulbusflotte Thomas Freightliner

Deutsch: Schulbusflotte Thomas Freightliner (Photo credit: Wikipedia)

Two school buses in Crowley, Texas, collided this week, injuring both bus drivers, 31 students that were transported by ambulance to Texas Health Resources Southwest Medical Center, and more of the total estimated 70 students riding in the buses. Many workplace injuries and fatalities occur every year in the transportation industry, and driving school buses may be among the more challenging types of occupations in transportation.

According to authorities, the buses carried 7th and 8th graders from Summer Creek Middle School. One bus driver suddenly stopped the bus in the middle of the street, slamming hard on the brakes, in order to address a situation with the students. The bus driver behind the first bus was unable to stop in time and rear-ended it, also causing an abrupt stop and damage to the bus.

Many of the students were jerked out of their seats when the crash occurred. Some children were injured and bleeding as a result of hitting the seat in front of them with great impact. Some children were loaded on backboards into ambulances. Minor injuries reported included bruises and whiplash. Both of the bus drivers were transported to a nearby hospital.

Bus drivers report that it is very challenging to keep children under control in school buses. Parents, on the other hand, expect that their children will be safe as they are transported to school.

The incident which may have begun as a result of children throwing paper balls is being investigated.

–Guest Contributor


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