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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 ‘Bureau of Labor Statistics’

Dallas Work Accident Lawyer – Compared to All other Age Groups Combined, Older Workers Dying at a Higher Rate

Wednesday, August 2nd, 2017

Albert Harris and his Coconut Shy at Cambridge.

Albert Harris and his Coconut Shy at Cambridge. (Photo credit: Wikipedia)

Workplace fatality statistics are reflecting a decrease in overall fatalities and yet a significant increase in workplace deaths among older people. With a trend in which baby boomers are working well beyond the typical retirement age of 65, these on-the-job fatalities create an alarming picture of what’s to come. For instance, approximately 35% of deadly on-the-job accidents involved workers age 55 and older or 1,681 of the approximately 4,800 workplace fatalities reported across the nation.

According to gerontologists, physical changes that occur as we age can lead to higher risks of being injured at work. For example, gradual changes include chronic bone or muscle problems such as arthritis, reduced response time, balance issues, hearing impairment, and worsening vision. A public health department epidemiologist says advanced age can make a workplace accident into a much more serious or fatal injury.

Data from the Bureau of Labor Statistics’ Census for Fatal Occupational Injuries was analyzed by the Associated Press (AP). The number and types of workplace accidents in which workers of advanced ages died between 2011 to 2015, when accidents began being categorized differently, shows the following:

  • An increase of 20% in fall-related fatalities
  • An increase of 17% in fatalities caused by contact with equipment and objects
  • An increase of 15% in deadly transportation accidents
  • A decrease of 8% in fires and explosions

In most states, older workers experience fatal on-the-job accidents at a much higher rate than other age groups.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor


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A Willis, Texas, Reel Company Faces $107,952 in OSHA Fines

Monday, December 5th, 2016

English: Logo for the United States Occupation...

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

After an employee at JFM International Inc. in Willis, Texas, filed complaints with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), the company was investigated. During their September 2016 visit, OSHA investigators allege that workers were exposed to several dangerous situations in the workplace. For example, OSHA alleges that workers were not protected against amputation and other serious injuries because the exposed rotating parts lacked safeguards. OSHA also alleges that workers were not properly protected from hearing loss because they were exposed to excessive noise. JFM was cited for three serious health violations, including failing to record an injury that occurred in the workplace and failing to protect workers from electrical and flammable chemical hazards.

The following are more details about alleged serious OSHA violations committed by JFM International:

A continuing, effective hearing conservation program was allegedly not administered by the employer when workers’ exposure to excessive noise levels exceeded an 8-hour time-weighted average of 85 decibels. The proposed penalty for this alleged serious OSHA violation is: $6,236.

OSHA alleges that on or about September 20, 2016, employees were exposed to fire hazards throughout the facility while they were working near plastic oil jugs of diesel fuel that had not been properly stored in approved containers. The proposed penalty for this alleged serious OSHA violation is: $8,730

On or about September 20, 2016, OSHA alleges that the employer failed to take adequate precautions to prevent the ignition of flammable vapors. To go into more detail, investigators allege that employees using diesel fuel to lubricate metal wood cutting blades and to lubricate hot surfaces were exposed to fire hazards because there were no precautions to prevent ignition of flammable vapors. The proposed penalty for this alleged serious OSHA violation is: $6,236.

The OSHA area director in North Houston, Joann Figueroa, said JFM International has a duty to protected workers from amputations by making sure proper guards are on machinery. She suggested that the wire reel and reel component manufacturer implement changes in their safety program, to keep workers from being harmed at work.

–Guest Contributor


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Two Companies Face $120,000 in OSHA Fines Related to an Alleyton, Texas, Worksite – Part 2

Wednesday, August 3rd, 2016

English: Cross scaffolds. The Cross in Beith w...

English: Cross scaffolds. The Cross in Beith wearing a scaffold during the refurbishment with ( partial ) lottery money. (Photo credit: Wikipedia)

As a result of a complaint alleging the working conditions were unsafe at a worksite in Alleyton, Texas, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) office in Austin conducted a January 13, 2016, inspection. As a result of the investigation into the status of working conditions, Exterran Energy Solutions LP faces $111,000 in proposed penalties. In addition, South Texas Welders LLC, labor broker, faces $9,800 in penalties. Exterran Energy has been cited for two alleged repeat violations, 23 alleged serious violations, and four alleged other-than-serious violations. South Texas Specialty Welders has been cited for four alleged serious violations.

The following is information about serious violations that Exterran allegedly committed:

According to OSHA investigators, on or about January 13, 2016, and at times prior, two workers performed cutting and welding operations from a mobile tubular welded scaffold that had not been erected by a competent person. Because the tubular welded frame scaffolds were allegedly erected by personnel who were not experienced or competent for the job, the workers were in danger of falling about 8 feet 6 inches to the floor below. In addition, the scaffold was allegedly not fully planked and the planks that were there were not secured. The proposed penalty for this alleged violation is: $3,000.

OSHA investigators allege that two employees were exposed to fire and/or explosion hazards on or about January 13, 2016, because they were working in the maintenance shop where a gas heater, open flame was being used about 3 to 6 feet from a flammable solvent tank. The proposed penalty for this alleged violation is: $4,000.

See more about OSHA violations allegedly made by two employers in connection with an Alleyton, Texas, worksite in Part 1 and this continuing series.

–Guest Contributor


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At a Cleburne, Texas, Site, a Company Faces OSHA Fines Following an Amputation Injury – Part 2

Wednesday, July 20th, 2016

English: The Joiner-Long House located at 604 ...

English: The Joiner-Long House located at 604 Prairie Av, Cleburne, Texas, United States. The building was added to the National Register of Historic Places on June 23, 2003. (Photo credit: Wikipedia)

On February 11, 2016, an inspection of Johns Manville in Cleburne, Texas, was done by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). The inspection was done as a result of reports of a work accident in which an employee’s hand was severed in the Johns Manville manufacturing facility in Cleburne. The employee was trying to clear a jam in a machine when the amputation injury occurred. OSHA investigators have issued citations for three serious violations and two repeat violations. The total in proposed penalties is $49,600.

The following is information about an alleged serious OSHA violation committed by the employer:

OSHA alleges that the employer failed to ensure that periodic inspections were reviewed with every authorized employee in order to determine whether proper procedures were being followed. Allegedly, workers who were operating the Re-feed systems were exposed to amputation hazards. The proposed penalty for this alleged OSHA violation is: $7,000.

The following is information about an alleged repeat OSHA violation committed by the employer:

Investigators for OSHA allege that workers operating the Re-feed systems were not properly trained in the recognition of hazards associated with failing to isolate energy sources on the horizontal electrical rotary machine unit, which exposed them to amputation hazards. Also, on the North and South Re-feed systems, workers were allegedly exposed to being caught in the unguarded nip points on the conveyors. There was a similar citation given to the employer with a final order on March 5, 2013. The proposed penalty for this alleged repeat OSHA violation is: $15,400.

See Part 1 of this two-part series to learn more about the alleged OSHA violations that Johns Manville has been cited for.

–Guest Contributor


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21-year-old Worker Recovers from a Serious Workplace Crushing Accident in Denison, TX – Part 3

Monday, February 22nd, 2016

English: Logo for the United States Occupation...

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

In Denison, Texas, on February 3, 2016, 21-year-old Dylan Herd was performing maintenance on a metal press at his place of employment, Champion Coolers, when his hand became crushed. Emergency responders have since been credited with saving his hand. Herd was initially transported by ambulance to a Plano hospital and was then flown to a Dallas hospital. He has since undergone two surgeries. More surgery is to come, but he is expected to fully recover from the significant injuries he suffered.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) frequently releases information about specific types of workplace hazards. In one release entitled “Safeguarding Equipment and Protecting Employees from Amputations,” there are examples of various workplace hazards that have caused serious or fatal injuries. The following is another example of a crushing injury involving machinery:

An employee was making trip collars for wood stoves. He used an unguarded full-revolution mechanical power press that was operated by a foot petal. The worker used his hands to feed and remove scrap metal and finished parts. He routinely placed the completed parts to the left side of the press, and he would then turn and put the scrap in a bin that was behind him. When he turned back to face the press, he accidentally stepped on the foot pedal, which activated the press. When the press activated, his hand was in the die area. His left hand was amputated at the wrist.

See Part 1 and Part 2 of this ongoing series.

–Guest Contributor


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Trench Safety at a Construction Site – In Cypress, Texas, a 19-year-old Worker Dies in a Trench Collapse – Part 3

Tuesday, February 16th, 2016

Overview of Stanfield-Worley Bluff Shelter ill...

Overview of Stanfield-Worley Bluff Shelter illustrating trench and block excavation (Photo credit: Wikipedia)

On Saturday, February 13, 2016, a fatal workplace accident occurred in Cypress, Texas. A 19-year-old contract worker was in a 16-foot-deep trench working on manholes and sewer lines when the sides of the trench collapsed onto him, killing him. At about 2:20 p.m., the Cy-Fair Volunteer Fire Department was called to the scene. Numerous rescue vehicles responded to the call. After about 20 minutes, when rescue workers had still not found the man underneath the loose dirt, the effort switched to recovery rather than rescue mode. The victim had still not been reached after 8 hours of digging, according to fire department spokesperson Brian Shirley.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) prepared information to highlight trenching and excavation safety. The following is in regard to general excavation and trenching rules:

  • Heavy equipment must be kept away from the edges of the trench.
  • All sources that could possibly affect trench stability should be identified.
  • The spoils or excavated soil and other materials must be kept at least 2 feet from the edges of a trench.
  • Before digging begins, the whereabouts of underground utilities must be determined.
  • A test must be conducted to determine the atmospheric hazards in a trench that is greater than 4 feet deep. Possible atmospheric hazards include toxic gases, hazardous fumes, and low oxygen.
  • At the beginning of each shift, the trenches must be inspected.
  • Following a water intrusion such as a rainstorm, the trenches must be inspected.
  • Workers should not work underneath raised or suspended materials and loads.
  • If anything occurs that could have changed conditions in an excavation, it must be inspected.

Find out more about excavation and trenching safety in Part 1 and Part 2 of this ongoing series.

–Guest Contributor


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In Cypress, Texas, a 19-year-old Worker Dies in a Trench Collapse

Monday, February 15th, 2016

Late roman pit. Archaeological excavation shot

Late roman pit. Archaeological excavation shot (Photo credit: Wikipedia)

On Saturday, February 13, 2016, a fatal workplace accident occurred in Cypress, Texas. A 19-year-old contract worker was in a 16-foot-deep trench working on manholes and sewer lines when the sides of the trench collapsed onto him, killing him. At about 2:20 p.m., the Cy-Fair Volunteer Fire Department was called to the scene. Numerous rescue vehicles responded to the call. After about 20 minutes, when rescue workers had still not found the man underneath the loose dirt, the effort switched to recovery rather than rescue mode. The victim had still not been reached after 8 hours of digging, according to fire department spokesperson Brian Shirley.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) will conduct an investigation, which is standard procedure. OSHA representatives have frequently made statements about the hazards of trenches, when investigating a fatal trenching collapse accident. The agency’s point of view is that such incidents should not occur because of the wealth of evidence going back through history that certain steps must be taken when working with excavations because the danger of a collapse is very real.

When dirt collapses, it is extremely dangerous and rare for exposed workers to survive. For this reason, OSHA has made extra efforts to highlight trenching and excavation safety. The following is information on the topic that OSHA prepared:

  • Every month in the U.S., two workers are killed in trench collapses.
  • Employers have a responsibility to provide workplaces that are free from recognized hazards that could cause death or injury.
  • Employers have an obligation to comply with OSHA excavation and trenching requirements.

Learn more about excavation and trenching safety in this ongoing series.

–Guest Contributor


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Contractor Cited by OSHA Following Fatal Workplace Fall – Part 4

Monday, January 18th, 2016

English: Inco Ladders

English: Inco Ladders (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited SB Framing Services last week for allegedly failing to protect employees. A 32-year-old construction worker fell 19 feet from a roof on September 26, 2015, and later died. The worker was a residential framer, and he was working on the construction of a new residence when he lost his balance on the roof and fell to the ground. As a result of an investigation into the fatal workplace accident, OSHA  alleges that the tragic death was preventable and the employer failed to ensure that an appropriate fall protection system was in use. The Florida company has been cited for one willful OSHA safety violation and one serious violation.

Ladder Safety

Falls from ladders are among the most common types of falls at construction sites. The proper care and use of ladders is an important safety issue.

Ladders should always be inspected before being used. The following are faults to look for when inspecting ladders:

  • Missing or loose cleats or rungs;
  • Loose bolts, screws, or nails;
  • Splinters on wooden ladders or edges that are damaged;
  • Dented, split, broken, cracked, or worn side rails, cleats, or rungs; and
  • Corrosion of metal ladders or components.

The three steps which OSHA says will prevent fall fatalities are: planning to perform jobs safely, providing the correct fall protection equipment, and training workers to use equipment safely. Learn more about them and the above-referenced OSHA citations in Part 1, Part 2, Part 3, and this continuing series.

–Guest Contributor


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Company Inspected by OSHA Due to a Fatal Fall in Dallas, Texas is Fined $407,400

Tuesday, November 10th, 2015

Dee and Charles Wyly Theater, Dallas Center fo...

Dee and Charles Wyly Theater, Dallas Center for the Performing Arts under construction, Arts District, Dallas, Texas. (Photo credit: Wikipedia)

Jorge Carrion Torres, age 44, was in Dallas, Texas, working for Phoenix-based Design Plastering Inc., Design Plastering West LLC when he fell from a third-story balcony at an apartment construction site. Torres died from his injuries. The company has since been investigated by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and is facing proposed penalties totaling $407,400 for alleged OSHA violations. According to OSHA, neither Torres nor his co-workers had been provided with personal fall protection as they were working on the third story, applying stucco underlayment to the walls of a balcony.

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, said that OSHA will not tolerate employers failing to protect workers from falls and putting them in defenseless positions when they are working at a height of six feet or more.

According to the Bureau of Labor Statistics, falls cause more construction deaths than any other type of hazard. In 2014, falls accounted for almost 40% of all construction fatalities. Texas has more construction fatalities than any other state. Construction is a hazardous industry; one in five worker fatalities in the U.S. last year were construction fatalities.

Falls are entirely preventable. It is the responsibility of employers to provide whatever type of fall protection is appropriate for any work being done from a height of 6 feet or higher.

In this ongoing series, learn more about the alleged eight egregious willful OSHA violations and four alleged serious violations allegedly committed by Design Plastering.

–Guest Contributor

 

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=29037


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Two Construction Workers are Injured in a Water Line Accident in Amarillo – Part 3

Tuesday, June 9th, 2015

English: Cross scaffolds. The Cross in Beith w...

English: Cross scaffolds. The Cross in Beith wearing a scaffold during the refurbishment with ( partial ) lottery money. (Photo credit: Wikipedia)

The U. S. Department of Labor’s Occupational Safety and Health Administration (OSHA) reported that there were 291 fatal construction site falls in 2013, and the deaths were all considered preventable. The following are tips provided in a fall prevention campaign sponsored by OSHA:

Plan Ahead

Employers should plan ahead for a safe job when a job entails work from heights, such as roofs, ladders, and scaffolds. The first step is to decide how the job will be done, all tasks involved, and what type of safety equipment is needed to complete each task.

The cost of safety equipment should always be included when calculating the cost of a job. Employers should plan to have the necessary safety equipment at the construction site. A roof job, for example, may involve hazards such as leading edges, skylights, or holes. Personal fall protection arrest systems (PFAS) may need to be provided, for example.

Provide the Appropriate Equipment

Anytime a worker is 6 feet or more above lower levels, they are at a serious risk for death or injury if they should fall. Employers have a duty to protect these workers by providing fall protection and the right equipment for the job. They must also provide the right type of safety gear, scaffolds, and ladders for the job.

There are different types of ladders and scaffolds, and each is appropriate for certain types of projects but not others. Workers should always be provided with the equipment that will allow them to safely complete the job.

Train Workers

Training is an essential part of safety. Falls are prevented by providing workers with the knowledge they need to safely use equipment.

Learn more about construction safety in Part 1 and Part 2 of this three-part series.

–Guest Contributor


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