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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 ‘California’

A Vinyl Floor Manufacturer Faces $514,236 in OSHA Penalties – Part 2

Wednesday, January 10th, 2018

English: The Frances Perkins Building located ...

English: The Frances Perkins Building located at 200 Constitution Avenue, N.W., in the Capitol Hill neighborhood of Washington, D.C. Built in 1975, the modernist office building serves as headquarters of the United States Department of Labor. (Photo credit: Wikipedia)

Two workers were injured on the job at a vinyl floor manufacturer facility in Fostoria, Ohio. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an inspection after the workplace injuries were reported. On December 21, 2017, the U.S. Department of Labor announced in a press release that Nox US LLC, a luxury vinyl tile manufacturer in Ohio, is now facing proposed penalties in the amount of $514,236 for alleged safety violations.

The following is more information about those willful violations:

  • On or about July 11, 2017, according to OSHA investigators, the employer allegedly failed to properly train employees on lockout/tagout equipment. One example is the grinder and hopper butterfly valves on Line 1 of the PVC Recycle System. Workers allegedly did not control all of the sources of hazardous energy, such as pneumatic and electrical, prior to conducting activities such as cleaning the hopper and rebuilding the grinder. Employees were exposed to amputation hazards because all hazardous energy sources were not controlled before conducting work, as required. The Proposed Penalty for the Alleged Willful Violation: $126,749.
  • On or about July 14, 2017, at Nox US, LLC, in Fostoria, Ohio, the employer allegedly failed to ensure that there was an enclosed stationary casing on the rotating horizontal shaft of the transfer table, which was located next to Cutter #2. In addition, on or about July 3, the same violation allegedly occurred next to Cutter #3. The Proposed Penalty for the Alleged Willful Violation: $108,639.

See Part 1 of this two-part series.

–Guest Contributor


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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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After 2 Workers Die, Company is Fined $1,475,813 and a Man is Charged with Manslaughter – Part 3

Wednesday, May 10th, 2017

The seal of the United States Department of Labor

The seal of the United States Department of Labor (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) imposed penalties of almost $1.5 million against Atlantic Drain Service Company, Inc., in Boston, MA, following an inspection instigated by two workplace fatalities. In addition, the owner faces two manslaughter charges as well as other criminal charges in connection with the workers’ deaths and safety issues on the job.

The following are more details about specific citations against Atlantic Drain for willful safety violations that were allegedly committed:

The employer allegedly failed to instruct each employee on being able to recognize and avoid unsafe conditions or on regulations applicable to his or her work environment, so that they were equipped to control or eliminate any dangers or other exposure to injury or illness. More specifically, employees were allegedly routinely exposed to hazards from power tools, cave-in hazards, and other dangers, including vehicular traffic. The employer also allegedly routinely fails to instruct individual employees on the recognition and avoidance of hazardous conditions associated with unsupported utilities, tools, trenches, and traffic. The proposed penalty for this alleged serious violation is: $126,749. This proposed penalty was listed five separate times for specific workers, at $126,749 for each.

The employer allegedly exposed employees to cave-in hazards while they were working in trenches. A safe means of access/egress was not kept in the trench at all times, as required. The proposed penalty for this alleged serious violation is: $126,749.

See Part 1 and Part 2 of this continuing series.

–Guest Contributor


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2 Workers Die in Separate Workplace Accidents; OSHA to Investigate

Wednesday, April 5th, 2017

English: Two ATLAS wheeled hydraulic excavator...

English: Two ATLAS wheeled hydraulic excavators on a German construction site. A trench is being excavated with protective trench shielding. Foreground: a clamshell bucket. Français: Deux pelles hydrauliques sur roues ATLAS, sur un chantier en Allemagne. Excavation d’une tranchée blindée. (Photo credit: Wikipedia)

This week at least two workers in the U.S. were killed in on-the-job injuries, and investigations about each incident are underway. In San Diego County, California, a 51-year-old man was killed when a concrete wall collapsed, crushing him. In Gilbert, Arizona, a 34-year-old steel worker died on the job after being struck in the head by a steel beam. The Department of Labor’s Occupational Safety and Health Administration (OSHA) will conduct investigations, and citations for safety violations could follow. Whenever OSHA releases results of safety violations, all other businesses in the U.S. in the same or a similar industry are responsible to become familiar with and abide by any new OSHA requirements that pertain to them.

The Arizona accident occurred at about 7:40 a.m. on Monday, April 3, 2017. After the man was struck by the steel beam, paramedics arrived on the scene, applied treatment, and transported him to a trauma center nearby, where the worker soon died.

The fatal workplace injury that occurred in California also happened on Monday. The 51-year-old man had been digging a trench for a new wall at an auto dealership when an existing cinderblock wall fell on him. Firefighters worked for approximately an hour and a half to move the rubble. When they reached the worker, he had already died. Another worker on the scene suffered mild injuries and was transported to a hospital.

Employers are provided with detailed instructions on how to keep employees safe in virtually any type of work situation. Employers have a responsibility to ensure that workplace environments are safe for workers. Texas employers, as in all states, that share either of above-named industries are also responsible to become familiar with related workplace incidents, in order to take recommended actions to avoid similar occurrences.

–Guest Contributor


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OSHA Proposed $104K in Fines against a San Antonio, Texas, Company

Tuesday, November 8th, 2016

The San Antonio (Texas) Downtown

The San Antonio (Texas) Downtown (Photo credit: Wikipedia)

It has been since this summer that Bluebonnet Foods L.P. was cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for 21 alleged serious safety violations, but the citations are worth looking at. Employers have a responsibility to protect workers by providing them with a safe workplace. OSHA Area Director for San Antonio Alejandro Porter said workers at Bluebonnet Foods were exposed to health and safety hazards that should be corrected without delay before employees get hurt unnecessarily. Among the alleged serious violations were that workers were exposed to several chemical, struck-by, amputation, and electrical hazards. In addition, eyewash stations needed to be installed and personal protective equipment needed to be provided. The total in proposed penalties was: $104,000.

Bluebonnet Foods is doing business as Goodheart Specialty Foods Co., and the company employs about 300 people at the San Antonio location. Bluebonnet Foods produces grilled, fried, and slow-roasted meats, sauces and other products for the food service, retail, and food manufacturing industry under their DBA.

The following is specific information about two alleged serious OSHA violations:

Employees who were sanitizing production areas and diluting cleaning products with caustic and corrosive liquids were allegedly exposed to chemical splash hazards without adequate protective coverings such as gloves, aprons, or chemical resistant full body protection. The proposed penalty for this alleged serious violation was: $7,000.

Employees in the maintenance shop were allegedly exposed to a struck-by hazard as they were operating a Porter Cable drill press that did not have a chip guard. The proposed penalty for this alleged serious OSHA violation was: $4,000.

Learn about more alleged serious violations that Bluebonnet Foods was cited for in an installment of this series entitled, “San Antonio Company is Cited by OSHA for Struck-By Hazards and More.”

–Guest Contributor


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Alfa Laval – A Houston, Texas, Company Faces $172,000 in Proposed OSHA Penalties – Part 4

Monday, June 20th, 2016

English: Toxic Symbol

English: Toxic Symbol (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an inspection at Alfa Laval Inc. in Houston, Texas, in October 2015 as a result of a complaint. On April 12, 2016, OSHA released their investigative findings and says they allegedly found eight serious violations, three repeat violations, and two other-than-serious violations. The total proposed penalties against the global manufacturer of technologies in heat transfer, separation, and fluid handling amount to $172,000. According to Joann Figueroa, OSHA’s area director in the Houston North office, Alfa Laval has a duty to identify and repair hazards in the workplace that put employees at risk. She points out that if employees work on a machine that does not have safety guards, they can lose a limb or their life.

The following are details about the alleged repeat violation for which Alfa Laval has been cited by OSHA:

OSHA alleges that the employer failed to provide employees with effective training and information on hazardous chemicals in their work areas both at the time of their initial assignments and whenever a new hazard that the employees have not been previously trained about were introduced into their work area. More specifically, on or about October 27, 2015, throughout the facility, employees were exposed to fire and chemical hazards when rehabilitating heat exchangers without having effective training on the hazards of chemicals they were exposed to during the rehabilitation process.

OSHA says Alfa Laval was previously cited for this same alleged violation, with the final OSHA order on May 22, 2012.

The proposed penalty for this alleged violation is: $22,000.

Learn more about alleged OSHA violations and penalties against Alfa Laval in Part 1, Part 2, and Part 3, of this four-part series.

–Guest Contributor


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OSHA Cites a Houston TX Company after a Workplace Fatality – Part 6

Tuesday, May 31st, 2016

Texas Medical Center - Houston

Texas Medical Center – Houston (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued citations to Atlantic Coffee Industrial Solutions LLC out of Houston, Texas, on May 11, 2016, with proposed penalties totaling $63,000. The inspection on November 12, 2015, was initiated after a workplace fatality occurred. A 53-year-old shift supervisor died of asphyxiation after the release of carbon dioxide. Mark Briggs, the Houston South office OSHA area director, said detailed emergency response plans must be developed in connection with the uncontrolled release of carbon dioxide, which is dangerous. He said if an employee is untrained, they can quickly get caught in a chaotic situation, not knowing what actions to take, possibly resulting in serious injury or death.

The following are details about the last of nine alleged serious OSHA violations Atlantic Coffee has been cited for:

OSHA alleges that the employer failed to establish the existence of a fire brigade, after the employer made the election of establishing one. A written policy or statement must be maintained which establishes not only the existence of a fire brigade but also the basic type and organizational structure as well as the amount and frequency of training. The proposed penalty for this alleged serious violation is: $7,000.

See Part 1, Part 2, Part 3, Part 4, and Part 5 of this continuing series to learn more about the alleged serious OSHA violations for which Atlantic Coffee in Houston, Texas, has been cited. The Centers for Disease Control and Prevention (CDC) provides an occupational health guideline for carbon dioxide. Learn more in the next segment.

–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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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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After Worker Suffers a Serious Fall, a Hurst, TX, Flooring Company Faces $66,990 in Proposed Penalties – Part 7

Monday, February 1st, 2016

Rooftop wiring done. Final cleaning. Electric ...

Rooftop wiring done. Final cleaning. Electric system installation took much longer. (Photo credit: Wikipedia)

An inspection of a flooring company in Hurst, Texas, by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) was instigated after a worker fell from a balcony at a Fort Worth construction site and required hospitalization for care of his injuries. Subfloor Systems Inc. was issued citations for an alleged serious violation and an alleged willful violation, and the total proposed penalty is $66,990. Acting area director for OSHA in Fort Worth, Josh Bernstein, said the employer failed to provide training or fall protection and put workers in a hazardous situation, exposing them to preventable fall injuries.

The following are details from an actual fatal fall that occurred and that became part of a case study done by the Centers for Disease Control and Prevention’s National Institute of Occupational Safety and Health (NIOSH):

A 26-year-old sheet metal mechanic was killed while working with a coworker near a roof opening. They were getting set to install a 54-inch-square steel cap over the opening of a manufacturing plant roof. The 75-pound cap was placed against a metal structure about 34 inches from the opening where it was to be installed. The victim placed himself between the roof opening and the cap. He was applying caulking to the raised curb of the opening when a gust of wind dislodged the cap from where it was propped. The cap struck the worker and knocked him through the opening. He fell head-first to the concrete floor below, which was a 22-foot drop.

As a result of this and other fatal falls — others to be shared in this ongoing series — safety recommendations were made. Some of these will be included at the close of this series.

See Part 1, Part 2, Part 3, Part 4, Part 5, and Part 6 of this ongoing series to learn more about fall hazards and OSHA citations issued to a Hurst, Texas, company this month.

–Guest Contributor


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