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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 ‘Gender pay gap’

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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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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A 23-year-old Construction Worker Dies in an Industrial Accident

Wednesday, April 12th, 2017

English: A Caterpillar 930G fitted with a load...

English: A Caterpillar 930G fitted with a loader rake on a residential construction site in South Florida. (Photo credit: Wikipedia)

On April 5, 2017, in El Campo, Texas, one construction worker was killed and another critically injured in an industrial accident that occurred at about 11:30 a.m. The fatal accident occurred at a construction site on Marek Lane. According to authorities, a 70-year-old front-end loader operator was moving a large tire and set of wheels. Two men were crushed by the tire when the operator set the load down. Twenty-three-year-old Anthony Pedro Cruz died from his injuries that day. Fifty-five-year-old Jose Luna was transported to a Houston hospital, where he was said to be in critical condition.

When the tragic accident occurred, the front-end loader operator was being directed by another work, but neither of them saw Cruz or Luna. The incident is being investigated by the Wharton County Sheriff’s Office. The U.S. Department of Labor’s Occupational Health and Safety Administration (OSHA) will also conduct an investigation; it’s standard procedure when a fatal workplace accident occurs.

A foundational approach to addressing this type of hazard is to have a spotter. Employees need to be trained on where blind spots are located. Those who work around industrial vehicles benefit from spending time in the driver’s seat. This allows them to get a clearer understanding of where blind spots are and what the driver can see.

OSHA provides specific safety standards regarding struck-by hazards, which covers incidents like this tragic construction fatality that occurred last week. A couple of those guidelines follow:

  • Workers must be highly visible at all times of the day or night. Red or orange vests must be worn.
  • Workers on or near a construction zone are advised not to place themselves in a situation of being at risk of being struck by a vehicle or getting caught in a situation that has no escape route.

Employers have a responsibility to ensure that workers have a safe workplace environment. When they fail in that responsibility, they are subject to being cited and fined by OSHA.

–Guest Contributor

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