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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 ‘Construction worker’

A 66-year-old Man is Killed in a Heavy Equipment Construction Accident Near Poth, Texas

Wednesday, October 18th, 2017

(Photo: Labeled for reuse)

Southeast of San Antonio and west of Poth, Texas, a construction worker was killed earlier this month. According to the employer, 66-year-old Salvador Guillen of New Braunfels was struck and killed in a construction accident involving heavy equipment. Guillen had been involved in the repaving work on 541 near FM 2505 when the fatal workplace accident occurred. The employer in this case is a contract company out of New Braunfels, the Dean Word Company. A company spokesperson expressed sorrow over the tragic incident and said Guillen had worked for the company from 1990 to 2008 and came out of retirement to rejoin the workforce in March 2017.

Other agencies at the scene included the Texas Department of Public Safety. The U.S. Department of Labor’s Occupational Health and Safety Administration (OSHA) will be conducting an investigation of the scene. If safety violations are allegedly discovered, the employer will be subject to fines and penalties.

Back in 20006, OSHA reportedly issued a citation to the Dean Word Company for alleged violations related to accident prevention signs and tags. In 2009, OSHA issued a penalty to the employer for alleged violation of standard excavation requirements.

OSHA provides safety procedures for all industries. The purpose is to help to ensure that employers provide workers with a safe workplace environment. Construction is one of the most dangerous industries. There are many common dangers at construction work sites, and working near heavy equipment is among them. When safety measures aren’t taken, it puts lives at risk. It remains to be seen whether negligence was involved in this tragic workplace fatality.

–Guest Contributor


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A Construction Contractor in Southeast Austin is Crushed by a Concrete Slab

Thursday, October 5th, 2017

(Photo: Labeled for reuse)

On the morning of Wednesday, August 9, 2017, in Southeast Austin, a construction worker was crushed when a concrete slab fell on him. Emergency crews went to the scene. Firefighters used drills, sledgehammers, and other tools to try to free the man from underneath the 30,000- to 40,000-pound concrete slab. They finally reached the worker, but he was already deceased and was pronounced dead at 10:01 am.

According to Division Chief Palmer Buck of the Austin Fire Department, the preformed concrete panel was going to be used for a parking garage that was being built. It wasn’t known at the time the fatal workplace accident occurred how the worker became trapped underneath the concrete slab.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an investigation, as it does anytime there is an on-the-job fatality. Conclusions and news of any proposed penalties for alleged safety violations are usually published several months after an OSHA inspection.

According to OSHA statistics, every year, more than 4,500 workers die in the workplace.  The following are a few of many details from the 2015 OSHA report on fatal occupational injuries by industry, event, or exposure:

  • The total number of workplace fatalities in the U.S. in 2015 was 4,836.
  • The total number of fatalities in the construction industry was 937.
  • In the construction of buildings, 175 workers died.
  • Total number of roofing contractors that died was 87.
  • A total of 167 building equipment contractors suffered fatal on-the-job injuries.
  • In the manufacturing industry, 353 workers died.
  • In the utilities industry, 221 people were fatally injured.

Employers have a duty to keep workers safe on the job. OSHA provides detailed safety guidelines on countless workplace activities. Construction is one of the most hazardous industries to work in.

–Guest Contributor


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Dallas, Texas Work Accident Attorney – August Temperatures in Texas Pose a Risk of Heat-Related Injury to Outdoor Workers in Construction & Other Industries

Wednesday, August 16th, 2017

(Photo: Labeled for Reuse)

With August 2017 halfway over, the concern for construction workers and others who work outside is not over for the summer. Heat-related illnesses and fatalities can easily occur if proper precautions are not taken in 100-degree weather. The State Senate in Texas considered a bill earlier this year that would have required construction crews to be given a 15-minute break every 4 hours. The bill was never was voted on. Fortunately, many employers are taking precautions to protect workers from the dangerous heat. There is also help from the Department of Labor’s Occupations Safety and Health Administration (OSHA).

An app was created by OSHA just for outdoor workers. It’s called the “heat index app,” and it lets you know the feels-like temperature as well as what precautions should be taken, in order to avoid a heat-related injury or a deadly heat sroke.

Construction workers and those in other industries who work outdoors are at greater risk than many may realize, since they are also exerting themselves in the heat. A new worker who hasn’t been working in the heat before is typically given special considerations, since it can take the body a few days to adjust to working in such circumstances.

At an Austin construction company, a manager for Environmental Health and Safety says that each morning workers gather to discuss and identify symptoms of heat exhaustion and heat stroke. The manager makes regular checks of the crew members throughout high-temperature days, to ensure that the workers are getting plenty of hydration and taking breaks in the shade. In addition, the workers are strongly urged to look out for one another.

National statistics show that 2,630 workers in the U.S. suffered from heat-related illnesses and 18 workers died from heat stroke while on the job in 2014.

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

Wednesday, May 3rd, 2017

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) 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 safety violations that were allegedly committed:

The employer allegedly failed to initiate and maintain safety programs that provide for regular and frequent inspections by a competent person of the workplace site, materials, and equipment. Workers are exposed to flying debris generated from pneumatic and power tools and to struck-by hazards from vehicular traffic, where a competent person does not sufficiently inspect the worksite before or at any time during the course of work. Specifically, on or about October 17, 2016, to October 21, 2016, employees who were working in and around an unprotected trench were allegedly not protected from dangers associated with lack of proper personal protective equipment, unguarded power tools, and roadway traffic at the jobsite on Dartmouth Street in Boston. The proposed penalty for this alleged serious violation is: $12,675.

Employees were allegedly not wearing face and eye protection when exposed to possible face and eye injuries from flying debris while working with hand-held portable electric angle grinders, pneumatic tools, and other power tools. The proposed penalty for this alleged serious violation is: $12,675.

See Part 1 and this continuing series.

–Guest Contributor


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An Employer in the Dallas, Texas, Area Faces $87k in Proposed OSHA Penalties

Wednesday, December 14th, 2016

English: Site Conference Employees of Watkin J...

English: Site Conference Employees of Watkin Jones Construction holding a site conference at Plas Menai. (Photo credit: Wikipedia)

Subfloor Systems Inc. of Hurst, Texas, near Dallas faces $87,297 in proposed penalties following an inspection by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). Investigators with OSHA observed employees at a construction site working without required fall protection, which initiated a formal investigation that occurred on September 19, 2016. This follows a January 2016 citation for an alleged willful violation in an investigation that was the result of an employee being seriously injured in a 22-foot fall.

Jack Rector, Fort Worth area OSHA Director, said that the company has repeatedly been negligent in protecting employees from fall hazards and that OSHA won’t tolerate this type of willful disregard of worker safety. The Dallas area employer is required to provide needed fall protection, to ensure the safety of employees.

The alleged willful OSHA violation that carries a proposed penalty of $87,297 includes the following details:

  • OSHA investigators say that each worker on an unprotected edge or side that was 6 feet or more above a lower level was not protected from falling by use of personal fall arrest systems, safety net systems, or guardrail systems.
  • More specifically, workers engaged in installing drip head flashing material on the west side of the commercial building under construction were exposed to fall hazards without fall protection. A foreman on the second floor balcony was allegedly exposed to a fall hazard of 13 feet to the ground below. In addition, two employees on a third-floor balcony were allegedly exposed to a fall hazard of 24 feet.

All employers have a responsibility to provide a safe work environment.

–Guest Contributor


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Work Accident Lawyer – A Conroe, Texas, Roofing Company is Cited for Fall Hazards – Part 5

Thursday, April 28th, 2016

Top of ladder of fire truck

Top of ladder of fire truck (Photo credit: Wikipedia)

Inspectors with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) witnessed three roofers not using appropriate fall protection in Conroe on November 23, 2015. As a result, OSHA investigated the workers’ employer, Quick Roofing LLC. OSHA investigators have recently cited Quick Roofing for one alleged serious OSHA violation and four alleged repeat violations that involve falls, ladders, and eye hazards. Total proposed penalties amount to $80,280.

The following is information about the fourth alleged repeat violation OSHA cited Quick Roofing for:

The employer failed to ensure that the areas around the bottom and/or top of the ladders were not kept clear. This alleged violation was observed most recently on or about November 23, 2015. Workers were observed using Werner extension ladders, and the areas around the bottoms or tops of the ladders were not kept clear.

OSHA says Quick Roofing was previously cited for the same health and safety standard on a previous occasion in which a final order was made on June 31, 2013. This is OSHA standard 29 CFR 1926. 1053(b)(9).

The proposed penalty for this alleged OSHA repeat violation is: $5,940.

Year after year, falls have been the number one cause of fatal construction accidents. According to OSHA, the most violated OSHA standard involves a requirement that employers provide their workers with fall protection such as guard rails or personal fall arrest systems.

See Part 1, Part 2, Part 3, and Part 4 of this five-part series to learn more about alleged violations Quick Roofing has been cited for by OSHA.

–Guest Contributor


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Attorney – A Conroe, Texas, Roofing Company is Cited for Fall Hazards – Part 3

Wednesday, April 27th, 2016

Del Roof

Del Roof (Photo credit: Wikipedia)

Inspectors with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) witnessed three roofers not using appropriate fall protection in Conroe on November 23, 2015. As a result, OSHA investigated the workers’ employer, Quick Roofing LLC. OSHA investigators have recently cited Quick Roofing for one alleged serious OSHA violation and four alleged repeat violations that involve falls, ladders, and eye hazards. Total proposed penalties amount to $80,280.

The following is information about the second alleged repeat violation OSHA cited Quick Roofing for:

During residential construction, employers have a duty to ensure that every worker engaged in construction activities 6 feet or more above lower levels is protected by a fall protection measure. The protection method can be a safety net system, a personal fall arrest system, or guardrails, for example. OSHA alleges that Quick Roofing failed in this duty on or about November 23, 2015. In additional, OSHA says the employer was previously cited for a similar offense on previous occasions. One previous alleged offense occurred on Lovela Drive in San Antonio in 2015 and the other occurred on Cross Timbers in Flower Mounts, TX, in 2014.

The proposed penalty for this alleged OSHA repeat violation is: $34,650.

According to OSHA standard 29 CFR 1926.501(b)(l3):  The only exception to above-referenced requirement is if there is a presumption that a protective system is infeasible and would create a greater danger . The employer also has the burden to prove that it is appropriate to implement a fall protection plan which complies with OSHA standards for a specific workplace situation, in lieu of implementing above-named fall protection systems.

See Part 1 and Part 2 of this continuing series to learn more about alleged violations Quick Roofing has been cited for.

–Guest Contributor

 

 


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Work Accident Attorney – A Conroe, Texas, Roofing Company is Cited for Fall Hazards

Tuesday, April 26th, 2016

A ladder. Ladder and telegraph pole.jpg. Can y...

(Photo credit: Wikipedia)

Inspectors with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) witnessed three roofers not using appropriate fall protection in Conroe on November 23, 2015. As a result, OSHA investigated the workers’ employer, Quick Roofing LLC. OSHA investigators have recently cited Quick Roofing for one alleged serious OSHA violation and four alleged repeat violations that involve falls, ladders, and eye hazards.

Joann Figueroa, OSHA area director in the Houston North office, pointed out that falls from ladders and roofs can kill or debilitate workers. She said the company’s history of ignoring OSHA safety standards must stop. Repeatedly ignoring commonsense safety procedures, she said, will not be tolerated by OSHA.

More than 800 workers died as a result of falls in 2014. Construction employers and workers will stop working for several hours from May 2 through 6, 2016, to learn about and recognize how to prevent fall hazards. The effort is called the National Safety Stand Down to Prevent Falls in Construction. The website for the initiative provides programs and materials designed to prevent fall fatalities.

Quick Roofing employs 120 workers in Kennedale, the company’s headquarters. There are also facilities in San Antonio, Austin, and Katy.

The alleged serious OSHA violation for which Quick Roofing has been cited was observed on or about November 23, 2015. Allegedly, non-self-supporting ladders were not used at an appropriate angle. The horizontal distance from the ladder’s foot to the top support was not the required one-quarter working length of the ladder. On the northwest side and on the southeast side of a single family dwelling, OSHA observed that workers used a Werner extension ladder and were exposed to a fall hazard greater than six feet while performing roofing work. The ladders were not placed such that the distance from the foot to the top support of the ladder was one-quarter the working length of the ladder.

The proposed penalty for this alleged OSHA violation is: $5,940.

In the next segment, learn about alleged repeat violations Quick Roofing has been cited for.

–Guest Contributor


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Construction Site Incident Lawyer – OSHA Cites 5 Texas Companies for Alleged Asbestos Hazards –Part 2

Thursday, April 7th, 2016

San Fernando Cathedral in San Antonio, Texas

San Fernando Cathedral in San Antonio, Texas (Photo credit: Wikipedia)

In a March 22, 2016, news release, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that five Texas companies are facing a total of $185,000 in penalties for allegedly failing to protect workers from asbestos and other hazards. The multi-family rental property that OSHA inspected and that led to these citations is in San Antonio, Texas, at One Eleven Park Avenue. The companies that have been cited are: One Eighty Construction Inc.; Varco Builders of Texas; Roscoe Properties Inc.; Colors Unlimited; and One Eleven Park. Local developer Jason Berkowitz is the owner of both One Eighty Construction and Roscoe. The latter is a commercial real estate management firm and has 50-plus properties in San Antonio, Houston, Austin, and Dallas-Fort Worth.

More about the citation for the alleged serious violation issued to One Eighty Construction follows. The employer failed to ensure that:

  • All asbestos work Class II and Class III was conducted within regulated areas;
  • All asbestos work done within regulated areas was performed as required, under the supervision of a competent person;
  • Mastic, backing, and other resilient flooring material was assumed to contain asbestos;
  • Sub-contractors who had a work operation covered by this ensured that a competent person conducted an exposure assessment just before or at the initiation of the operation to determine expected exposures during that operation or at that workplace. The assessment is required to be completed in time to comply with requirements triggered by either exposure data or the lack of a “negative exposure assessment,” and also to provide information needed to assure that all control systems planned are appropriate for that operation and will properly work;

Learn more about this particular violation and more citations in Part 1 and this ongoing series.

–Guest Contributor


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Work Accident Attorney – A McAllen TX Company Faces $58,000 in Proposed OSHA Fines – Part 4

Thursday, March 31st, 2016

English: Logo for the United States Occupation...

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

A report of an ammonia release at Lineage Logistics LLC in McAllen, Texas, instigated an inspection by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) in October of 2015. In a news release dated March 15, 2016, the findings of that inspection reveal that Lineage Logistics has been cited for nine alleged serious violations. The proposed penalties associated with the alleged violations total $58,000. Travis Clark, the OSHA Area Director in the Corpus Christi office, said that hazardous chemicals can be released and surrounding communities endangered if employers fail to comply with minimum process safety management (PSM) requirements.

The following is information about alleged serious safety violations Lineage Logistics has been cited for by OSHA:

A change was made in operating practices or procedures and they allegedly were not updated, as required. Specifically, OSHA says the employer failed to correctly conduct a Management of Change (MOC). The proposed penalty for the alleged serious violation is: $7,000.

OSHA also alleges that Lineage Logistics of McAllen failed to provide a medical evaluation to determine the ability of the employee to use a respirator before fit-testing or requiring the employee to use the respirator in the workplace. More specifically, on October 14, 2015, workers conducted a manual release of anhydrous ammonia on an ammonia refrigeration unit without having been provided with a medical evaluation. The proposed penalty for the alleged serious violation is: $7,000.

See Part 1, Part 2, and Part 3 of this continuing series to learn more about the OSHA safety violations Lineage Logistics of McAllen, Texas, is allegedly not in compliance with.

–Guest Contributor


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