Text Us 24/7!

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 ‘Houston’

Work Injury Attorney Dallas – Extreme Heat in Summer Demands Safety Steps for Texas Employers

Thursday, May 25th, 2017

English: HOUSTON, Texas (Dec. 11)--The Port of...

English: HOUSTON, Texas (Dec. 11)–The Port of Houston, the busiest in the nation in terms of foreign tonnage, is accessed by a 54-mile long ship channel. In an average day more than 700 vessel transit the channel. Here, a ship passes under the Fred Hartman bridge on the Houston ship channel, December 11. USCG photo by PA2 James Dillard (Photo credit: Wikipedia)

All year around, employers have a responsibility to provide workers with a safe workplace environment. When a job involves outdoor work in summer, extreme caution is necessary. Heat-related injuries and fatalities occur every year, though they are virtually always considered preventable. Texas employers will hopefully avoid placing workers in circumstances that allegedly took the life of a 59-year-old man in 2015 in Houston, Texas. The man had been hired for the day to sort aluminum cans, but the heat was excessive. According to OSHA area director Joann Figueroa, the man died of heat illness at a recycling company based in Houston. The Department of Labor’s Occupational Safety and Health Administration has been waging annual campaigns to prevent heat illness and heat-related fatalities among outdoor workers. The following information regarding heat stress is from OSHA.

Why is heat hazardous to workers?

In a hot environment, the body must get rid of excess heat, in order to maintain a stable internal temperature. Sweating and circulating blood to the skin are the main ways the body does this. If the air temperature is too close to or warmer than normal body temperature, however, it becomes more difficult to cool the body. The blood that is circulated to the skin can’t lose the extra heat. Sweating is only effective if the humidity level is low enough to allow for evaporation and if salts and fluids that are lost in the heat are replaced adequately.

If the body is unable to get rid of excess heat, it begins storing it. This causes the heart rate to increase and the core temperature to rise. A person in this condition will begin having trouble concentrating and focusing on tasks. He or she may become sick or irritable. The desire to drink is often lost. There are various other symptoms, including fainting. If a person isn’t cooled in time, death can occur.

–Guest Contributor


Tags: ,,,,,

A Houston, TX, Company is Cited by OSHA after a Fatal Crushing Injury

Thursday, October 27th, 2016

English: Skyline of downtown Houston, TX in th...

English: Skyline of downtown Houston, TX in the United States from Sabine Park. Español: El panorama urbano del Downtown Houston, tomado del Parque Sabine (Photo credit: Wikipedia)

Investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) began an investigation at CACO Manufacturing Corp. in Houston, Texas, on May 6, 2016. The investigation was initiated after a worker died as a result of a crushing injury while working on heavy machinery. As a result of OSHA investigators’ findings, 14 alleged serious safety violation citations plus six other citations were issued to CACO. The total in proposed penalties is $102,200.

The following are details about alleged serious OSHA violations:

On May 6, 2016, at the Machine Shop, OSHA alleges that the employer failed to develop specific energy control procedures to include all energy sources when performing maintenance on the Cain Panel Saw, which exposed employees to caught-in between hazards. The proposed penalty for this alleged serious violation is: $12,471.

The employer allegedly failed to ensure that authorized employees used a lockout device to isolate the energy sources at the main disconnect on a Cain Panel Saw, which exposed employees to caught-in between hazards. The proposed penalty for this alleged serious violation is: $12,471.

At the Machine Shop, employees were allegedly exposed to caught-in hazards and/or struck-by hazards at the Burr King Sander, Jet Drill Press and an unguarded Journeyman as a result of the alleged failure of the employer to provide machine guarding. The required machine guarding protects workers from hazards such as those created by ingoing nip points, rotating parts, point of operation, and flying sparks and chips. The proposed penalty for this alleged serious violation is: $8,730.

OSHA’s area director in Houston, Mark Briggs, said that immediate steps need to be taken to protect workers from dangers associated with hazardous chemicals and heavy machinery. He said that the fatal injury was a result of failure to ensure that proper safety procedures were followed.

–Guest Contributor


Tags: ,,,,,,,,,

A Houston Company is Cited by OSHA for 25 Alleged Serious Violations

Monday, September 26th, 2016

Aerial of the Texas Medical Center, an area in...

Aerial of the Texas Medical Center, an area in the Southeast Houston district. (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued citations with proposed penalties amounting to $106,700 to a Houston-based company on August 1, 2016. La Espiga de Oro Inc. is a tortilla factory located at 1202 W 15th Street in Houston, Texas. The inspection of the company’s facilities was initiated by a complaint regarding unsafe working conditions. Steve DeVine, the assistance OSHA area director in Houston’s North office, said that with 25 serious violations, the company clearly needs to take the responsibility of employee safety more seriously.

Among the 25 alleged serious violations are the following:

  • Amputation hazards
  • Struck-by and caught-in hazards
  • Extreme heat
  • Electrical hazards including exposed energized electrical parts
  • Fall hazards

The following are more details about some of the alleged serious OSHA violations committed by La Espiga:

Appropriate facilities for quick flushing or drenching of the eyes and body were allegedly not provided within a work area where employees were exposed to injurious corrosive materials. More specifically, on or about June 20, 2016, in the elevated area of the Corn Process Room, employees handled corrosive materials without suitable facilities for quick flushing or drenching of the eyes. The corrosive materials allegedly exposed the workers to a chemical burn hazard. The proposed penalty for this alleged serious safety violation is: $4,900.

Each floor hole into which employees could accidentally walk was allegedly not guarded. More specifically, employees were exposed to trip and fall hazards when using a stair landing in the elevated area of the corn process room because there was a hole in the steel grating floor that had not been guarded or covered. The proposed penalty for this alleged serious safety violation is: $2,800.

–Guest Contributor


Tags: ,,,,,,,,,

A Houston, Texas, Nursery is Cited by OSHA Following a Workplace Injury – Part 3

Thursday, June 30th, 2016

Man using a chainsaw with all recommended safe...

Man using a chainsaw with all recommended safety gear. However the visor works better when it’s down protecting the face, not up protecting the helmet. (Photo credit: Wikipedia)

Earlier this year the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued safety violation citations against Quality Christmas Tree Ltd, of Houston, Texas, which is doing business as Houston Garden Center. The inspection of the Houston Garden Center was initiated by a complaint related to a hospitalization in December of 2015, which was not reported as required by OSHA standards. An investigation into the incident by OSHA determined that an employee fell from a container that was hoisted aloft by a forklift. Houston Garden Center was cited for two repeat violations, 13 serious violations, and one other-than-serious violation. The total in proposed penalties amounts to $117,000.

The following is information about serious OSHA violations allegedly committed by Houston Garden Center:

OSHA alleges that the employer failed to ensure that each affected worker used appropriate face or eye protection when exposed to face or eye hazards from liquid chemicals, chemical gases or vapors, molten metal, acids or caustic liquids, potentially injurious light radiation, or flying particles. More specifically, workers were allegedly exposed to contact and struck-by hazards when performing the following tasks without the use of face and/or eye protection:

  • Using a nail gun to build tree stands without wearing safety glasses;
  • Pouring Clorox to clean bathrooms without wearing safety glasses; and
  • Using a chain saw to cut Christmas trees without wearing a face shield and without wearing safety glasses.

The proposed penalty for this alleged serious violation that exposed employees to various workplace hazards is: $5,000.

Learn more about OSHA safety violations for which Houston Garden Center has been cited in Part 1 and Part 2 of this ongoing series.

–Guest Contributor


Tags: ,,,,,,,,,

A Houston, Texas, Nursery is Cited by OSHA Following a Workplace Injury – Part 2

Thursday, June 30th, 2016

English: Christmas trees, Elsrickle One of sev...

English: Christmas trees, Elsrickle One of several Christmas tree plantations in the area. (Photo credit: Wikipedia)

Earlier this year the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued safety violation citations against Quality Christmas Tree Ltd, of Houston, Texas, which is doing business as Houston Garden Center. The inspection of the Houston Garden Center was initiated by a complaint related to a hospitalization in December of 2015, which was not reported as required by OSHA standards. An investigation into the incident by OSHA determined that an employee fell from a container that was hoisted aloft by a forklift. Houston Garden Center was cited for two repeat violations, 13 serious violations, and one other-than-serious violation. The total in proposed penalties amounts to $117,000.

The following is information about serious OSHA violations allegedly committed by Houston Garden Center:

The employer allegedly failed to furnish each employee with a place of employment free from known hazards of falls from elevated work platforms that cause or are likely to cause serious physical harm or death to workers. More specifically, employees at the facility were allegedly exposed to fall hazards when using wood pallets and bins elevated by a forklift to dump trash into a dumpster. The proposed penalty for this alleged serious violation that exposed employees to possible fall injuries in the workplace is: $7,000.

The employer allegedly failed to use protective equipment when necessary whenever hazards capable of causing impairment or injury were encountered. More specifically, employees in the workplace were exposed to struck-by hazards when using a chain saw to cut Christmas trees without protection for their legs. The proposed penalty for this alleged serious violation that exposed employees to possible workplace injuries is: $5,000.

Learn more about OSHA safety violations for which Houston Garden Center has been cited in Part 1 and this ongoing series.

–Guest Contributor


Tags: ,,,,,,,,,,,,,,,,,

OSHA Cites a Houston TX Company after a Workplace Fatality – Part 5

Thursday, May 26th, 2016

Midtown and downtown Houston, Texas.

Midtown and downtown Houston, Texas. (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 more of the nine alleged serious OSHA violations Atlantic Coffee has been cited for:

OSHA alleges that Atlantic Coffee in Houston did not have an emergency response plan that addressed critique of response and follow-up. The proposed penalty for this alleged serious violation is: $7,000.

OSHA also alleges that the senior emergency response official responding to an emergency did not become the individual in charge of a site-specific Incident Command System (ICS). All emergency responders and their communications were not controlled and coordinated through the individual in charge of the ICS assisted by the senior official present for each worker. More specifically, on or about November 12, 2015, and at times prior, an incident command system had allegedly not be established to control an uncontrolled release of carbon dioxide. The proposed penalty for this alleged serious violation is: $7,000.

See Part 1, Part 2, Part 3, and Part 4 of this continuing series to learn more about the alleged serious OSHA violations for which Atlantic Coffee in Houston, Texas, has been cited.

–Guest Contributor


Tags: ,,,,,,,,,

Attorney – OSHA Cites a Houston TX Company after a Workplace Fatality – Part 4

Thursday, May 26th, 2016

Aerial of the Texas Medical Center, an area in...

Aerial of the Texas Medical Center, an area in the Southeast Houston district. (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 more of the nine alleged serious OSHA violations Atlantic Coffee has been cited for:

OSHA alleges that the employer failed to provide an emergency response plan that addressed emergency recognition. More specifically, on or about November 12, 2015, and at times prior, the employer failed to provide an emergency response plan that differentiated between incidental and emergency releases of carbon dioxide. The proposed penalty for this alleged serious violation is: $7,000.

OSHA also alleges that the emergency response did not address first aid and emergency medical treatment, as required by safety standards. On or about November 12, 2015, and at time prior, at the Houston facility, the emergency response plan did not make provisions for first aid and emergency medical treatment during the uncontrolled release of a hazardous substance. The proposed penalty for this alleged serious violation is: $7,000.

See Part 1, Part 2, and Part 3 of this continuing series to learn more about the alleged serious OSHA violations for which Atlantic Coffee in Houston, Texas, has been cited.

–Guest Contributor


Tags: ,,,,,,,,,

OSHA Cites 5 Texas Companies for Alleged Asbestos Hazards –Part 14

Thursday, April 21st, 2016

Asbestos

Asbestos (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.

The National Cancer Institute provides information and insight into the health hazards of asbestos.

Tiny asbestos fibers are released into the air when products that contain asbestos are disturbed. If these fibers are breathed in, they can become lodged in the lungs. When the fibers accumulate over time, the result is often inflammation and scarring of the lungs, which can lead to other serious health problems.

Asbestos is a carcinogen, which means that it causes cancer. There can be an increased risk of mesothelioma and lung cancer, as a result of asbestos exposure. Other serious health effects of asbestos include: An elevated risk for cancer of the esophagus, kidney, gallbladder, and throat; and colorectal and gastrointestinal cancers.

Learn more about these citations 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 ongoing series. Learn about asbestosis in this next segment.

–Guest Contributor

 


Tags: ,,,,,,,,,

Work Injury Lawyer for El Paso – OSHA Cites 5 Texas Companies for Alleged Asbestos Hazards –Part 12

Saturday, April 16th, 2016

Asbestos mask

Asbestos mask (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.

Details about one more alleged serious OSHA violation issued to Colors Unlimited follow:

Asbestos scrap, debris, waste, containers, equipment, bags, and contaminated clothing consigned for disposal were not collected and disposed of in impermeable, labeled, and sealed bags or other closed, impermeable, and labeled containers. More specifically, on or about October 13, 2015, on the north side of the apartment complex, workers were exposed to respiratory hazards of disposing of asbestos containing material in a non-sealed container (construction rolloff). The proposed penalty for this alleged violation is: $2,800.

Details about the one alleged serious OSHA violation issued to One Eleven Park LLC follow:

The facility owner and/or building owner allegedly failed to notify all employers and employees who worked within or adjacent to the areas containing asbestos containing materials (ACM) and presumed asbestos containing materials regarding the presence, location, and quantity. More specifically, on or about October 13, 2015, One Eleven Park, LLC allegedly failed to notify employers of workers of the presence, quantity, and location of asbestos containing floor tile and mastic at the One Eleven Park Avenue Apartments. The proposed penalty for this alleged violation is: $2,800.

Learn more about these citations in Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, and Part 11 of this ongoing series.

–Guest Contributor


Tags: ,,,,,,,,,

Texas Work Accident Lawyer – OSHA Cites 5 Texas Companies for Alleged Asbestos Hazards –Part 10

Saturday, April 16th, 2016

English: Garage build using asbestos material

English: Garage build using asbestos material (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.

Details about an alleged repeat health violation issued to Varco Builders of Texas, LLC, dba Varco Renovations follow:

The employer allegedly failed in the duty of ensuring that employees complied with work practices and were trained in those practices before they performed jobs removing asphalt and vinyl flooring materials which contained asbestos. Though required, the employer did not verify that there was an absence of asbestos in buildings constructed no later than 1980. More specifically, on or about October 1, 2015, and at times prior, workers were exposed to respiratory hazards from mechanically removing materials containing asbestos, and no regard was given to airborne fiber controls. In a building constructed prior to 1980, the employer allegedly failed to verify the absence of asbestos containing materials while removing floor tile and mastic in room 112.

The company was previously cited for the same or a similar violation as shown in a final order dated May 19, 2015, with respect to a workplace on Brackenridge Avenue in San Antonio, Texas.

The proposed penalty for this alleged repeat violation is: $6,160.

Learn more about these citations in Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, and Part 9 of this ongoing series.

–Guest Contributor


Tags: ,,,,,,,,,,