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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 ‘Allegheny County’

Work Accident Attorney Fort Worth – OSHA Increases Maximum Penalties against Employers for Alleged Safety Violations

Friday, January 19th, 2018

English: Logo for the United States Occupation...

English: Logo for the United States Occupational Safety and Health Administration. (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is the federal agency that enforces federal health and safety requirements in the workplace. Inspectors investigate employee complaints and visit companies after serious or fatal illnesses or injuries have occurred. The inspectors impose proposed penalties for the different kinds of violations. On January 2, 2018, the Department of Labor announced an increase in the maximum penalty amounts for violating OSHA safety regulations and standards.

The following are DOL Penalties, before and after the latest changes:

  • The maximum penalty allowed for “serious” and “other-than-serious” is now $12,934. Previously, it was $12,615.
  • The penalty for repeated or willful violation of child labor standards that result in the death or serious injury of a minor changed from a maximum of $111,616 to a maximum of $113,894.
  • The per violation penalty of the Employee Polygraph Protection Act rose from $20,111 to $20,521.
  • There was a very small increase in per willful violation of the Family and Medical Leave Act’s posting requirement, from $166 to $169.
  • The maximum fine for repeated or willful violations is $129,336, up from $126,749. In 2016, much more significant changes were made. For example, the willful or repeated violation maximum penalty rose from $70,000 to $124,709.

The maximum fines are not always imposed. Employers in small businesses typically get a size discount. Employers with a record of prior compliance with OSHA receive a reduction for their good history. Businesses that are cooperative during OSHA inspections also get credit, for acting in good faith. Maximum penalties are more likely imposed against a large employer when a fatality has a occurred or as a result of a history of OSHA safety violations.

–Guest Contributor

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A Brownsville, Texas, Frozen Seafood Distributor Faces $155,000 in OSHA Penalties – Part 14

Thursday, March 10th, 2016

English: Old Brownsville City Jail in Brownsvi...

English: Old Brownsville City Jail in Brownsville Texas. Listed on the NRHP. (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted a programmed-targeted inspection beginning on July 23, 2015, at Rich Products Corp., Brownsville, Texas. As a result of the inspection of the anhydrous ammonia refrigeration system at the plant, citations were issued for 11 serious and three repeat violations. OSHA has also placed the Brownsville company in its Severe Violator Enforcement Program. Travis Clark, OSHA’s area director in Corpus Christi, said process safety management is necessary in workplaces like Rich Products Corp. The consequences of an unexpected release of flammable, explosive, reactive, or toxic chemicals in the workplace must be prevented or minimized. Gases and liquids in processes that involve ammonia and other highly hazardous chemicals are included. Safeguards must be in place and ensured by Rich Products, Clark said, to ensure worker health and safety at the Brownsville facility.

The following is information about the third of three alleged repeat violations that Rich Products in Brownsville has been cited for:

The employer allegedly failed to include normal operations in the written operating procedures for each step of the operating phase.  More specifically, OSHA investigators observed on or about July 23, 2015, and at times prior to, throughout the ammonia refrigeration system, that the standard operating procedures were inadequate in that a single oil pot draining procedure was developed for vessels maintained at positive pressure and negative pressure. Rich Products was previously cited for an equivalent standard in a citation issued on May 16, 2012, with respect to a workplace in Brunswick, Georgia. The proposed penalty for this alleged repeat OSHA violation is: $27,500.

In Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, Part 11, Part 12, and Part 13 of this 14-part series, learn more about the alleged safety violations for which OSHA has cited Rich Products Corp.

–Guest Contributor

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