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 ‘New York’

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)

Read the rest of this entry »


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: ,,,,,,,,,

Two San Marcos, Texas, Employers are Cited for Alleged Heat and Noise Workplace Hazards – Part 2

Tuesday, October 13th, 2015

English: The Standard Red Exit Sign in U.S.

English: The Standard Red Exit Sign in U.S. (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently issued citations against two companies in San Marcos, Texas, with a combined proposed penalty of $43,600. Corvac Composites LLC, an auto parts maker, faces proposed penalties amounting to $31,000. Priority Personnel Inc., a staffing company, faces proposed penalties amounting to $12,600.

The following are more details about the OSHA investigation alleging that Corvac Composites has committed OSHA violations:

  • According to OSHA, on or about July 16, 2015, There was a flammable locker located near an exit route. Workers were exposed to the danger of being burned and/or of being delayed from exiting the building. The associated OSHA rule is that explosive, flammable, or combustible gases or flammable furnishings cannot be stored in or near exit routes. The proposed penalty for this alleged serious violation is: $3,000.
  • The second serious violation that Corvac allegedly committed was the failure to establish an energy control procedure to ensure that before any maintenance or servicing on equipment is done, workers are protected from unexpected startup, energizing, or release of stored energy, which could cause injury. Machinery and equipment must be isolated from the energy source and rendered inoperative prior to workers performing above-mentioned duties. The proposed penalty is: $5,000. More details were included, such as the following: Specific procedures were not developed for three modern rotary forming machines, an NRM extruder machine, six Fanuc robots, and other multi-energy sourced equipment.

Learn more about these alleged OSHA violations in Part 1 and this ongoing series.

–Guest Contributor


Tags: ,,,,,,,,,

A Company Headquartered in Dallas, Texas, is Fined $112K by OSHA – Part 2

Friday, August 14th, 2015

EXPO 2005 of NEDO Energy Plant

EXPO 2005 of NEDO Energy Plant (Photo credit: Wikipedia)

Southcross Energy Partners GP LLC in Gregory, Texas, allegedly committed one wilful and six serious safety violations, according to the report on a January 20, 2015, inspection by the Occupational Safety and Health Administration (OSHA). The company, headquartered in Dallas, faces $112,000 in proposed fines.

Details about more of the alleged OSHA safety violations against Southcross Energy Partners GP follow:

During the inspection, OSHA alleges that Southcross Energy failed to prepare management of change documents which addressed the following changes that were not documented or evaluated prior to installation and operation:

  • Human Management Interface (HMI) system change from the Wonderware to the Rockwell Facetalk software/hardware system.
  • Valve replacement at the Recompressor discharge pipeline, Copano pipeline, and the Stedman pipeline.

These alleged actions violated the OSHA requirement in which employers must establish and implement written procedures to manage changes to process technology, equipment, chemicals, and procedures as well as changes to facilities that affect a covered process. Proposed penalties for this alleged violation are: $7,000.

OSHA alleges that at his workplace, the employer failed to establish or update operating procedures to ensure employees safely and accurately performed required procedures, such as: Normal operations and emergency operations. Proposed penalty for the alleged violation amount to: $7,000.

At this workplace, the employer failed to promptly address the incident report corrective actions recommendations for the natural gas liquids vapor released occurring at Plant number one on or about December 14, 2014.

Read more about the alleged OSHA violations in Part 1 of this two-part series.

–Guest Contributor


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

A Company Headquartered in Dallas, Texas, is Fined $112K by OSHA

Friday, August 14th, 2015

Pipeline, see Goldfields_Water_Supply_Scheme

Pipeline, see Goldfields_Water_Supply_Scheme (Photo credit: Wikipedia)

Southcross Energy Partners GP LLC in Gregory, Texas, allegedly committed one wilful and six serious safety violations, according to the report on a January 20, 2015, inspection by the Occupational Safety and Health Administration (OSHA). The company, headquartered in Dallas, faces $112,000 in proposed fines. In a summary statement, the area director of OSHA in Corpus Christi, Michael J. Rivera, alleges that the company failed to make adequate plans regarding the management of worker safety by finding and fixing hazards. According to Rivera, the workplace environment was potentially deadly and, fortunately, no one was injured.

Details about the alleged OSHA safety violations against Southcross Energy Partners GP follow and continue in this ongoing series:

  • The employer allegedly failed to train each employee before they were involved in operating a newly assigned process in the operating procedures related to the Human Machine Interface (HMI) software control and data communication changes from the old Wonderware to the new Rockwell systems. Proposed penalty for this serious violation: $7,000.
  • The employer allegedly failed to adequately implement written procedures in order to maintain the integrity of process equipment, such as, but not limited to, the Emergency Shut Down (ESD) valves at: The Recompressor discharge pipelines, the Copano discharge pipelines, and the Stedman discharge pipelines. Proposed penalty for this serious violation: $7,000.
  • The employer allegedly did not perform tests and inspections on process equipment. Specifically, at this workplace, the employer allegedly did not test and inspect critical process equipment, such as but not limited to, ESD valves, control valves, and pressure relief valves. Employees at this workplace were exposed to explosion and fire hazards and to the catastrophic release of flammable gases. Proposed penalty for this serious violation: $7,000.

–Guest Contributor


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

Texas Injury Attorney – Worker Denied Requested Safety Gear and Falls; Katy, TX, Company Fined $362,500 – Part 6

Wednesday, July 29th, 2015

English: Building construction in Riga in 2010.

English: Building construction in Riga in 2010. (Photo credit: Wikipedia)

The Occupational Safety and Health Administration (OSHA) recently cited alleged safety violations against Cotton Commercial USA Inc. of Katy, Texas, and Gardia Construction, located in Gretna, Louisiana. The inspection and citations were the direct result of a construction fall injury that occurred on January 24, 2015, in which the worker suffered fractured arms and severe contusions.

Personal Fall Arrest Systems

OSHA provides details about safety procedures, including specifics on how to use equipment. Personal Fall Arrest Systems (PFASs) are among the types of safety equipment to be used in construction jobs to protect workers from falls. A PFAS is used to safely stop (or arrest) an employee in the event he or she falls from a working level. The device consists of an anchorage, connectors, and a body harness. Other possible components can include a lanyard, lifeline, deceleration device, and suitable combinations. Safety belts are prohibited from being used as part of a PFAS.

When employers choose to use a PFAS as a means of employee fall protection, they must:

  • Limit the maximum stopping force on a worker to 1,800 pounds when used with a body harness.
  • Be rigged so that an employee can neither free fall further than 6 feet nor contact a lower level.
  • Bring an employee to a full stop and limit the maximum deceleration distance a worker travels to 3.5 feet.
  • Have sufficient strength to withstand twice the potential impact energy of an employee free-falling 6 feet or the free fall distance the system permits, whichever is less.

Read Part 1, Part 2, Part 3, Part 4, Part 5, and this continuing series for more details about the citations made against Cotton Commercial and Gardia Construction for alleged safety violations, more information about fall hazards on construction jobs, and specifics about OSHA safety guidelines regarding Safety Monitoring Systems.

–Guest Contributor


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

Worker Denied Requested Safety Gear and Falls; Katy, TX, Company Fined $362,500 – Part 3

Wednesday, July 29th, 2015

English: New home construction in Rumson, New ...

English: New home construction in Rumson, New Jersey. (Photo credit: Wikipedia)

The Occupational Safety and Health Administration (OSHA) recently cited alleged safety violations against Cotton Commercial USA Inc. of Katy, Texas, and Gardia Construction, located in Gretna, Louisiana. The following are more details about the citations against Cotton Commercial resulting from Inspection Number 1022192, inspection date January 29, 2015:

OSHA alleges that the employer failed to protect workers engaged in roofing activities on low-slope roofs with edges 6 feet or more above lower levels and with unprotected sides from falling by providing safety net systems, personal fall arrest systems, guardrail systems, or a combination of warning line system and safety net system, or a combination of warning line system and guardrail system, or warning line system and personal fall arrest system, or warning line system and safety monitoring system. The most recent alleged violation occurred on January 24, 2015, in addition to times prior, where the employee was on a roof approximately 12 feet in height without fall protection. The proposed penalty for this alleged wilful violation is: $70,000. This same wilful violation was cited against Cotton Commercial four times, for a total of $280,000.

The alleged violations brought against Gardia Construction in Inspection Number 1022183, inspection date January 29, 2015, follow:

The employer allegedly failed to make inspections of the jobsite, which exposed employees to fall hazards. The proposed penalty for this serious violation is: $4,900.

Read Part 1, Part 2, and this continuing series for more details about the citations made against Cotton Commercial and Gardia Construction and for information about fall hazards on construction jobs.

–Guest Contributor


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

Worker Denied Requested Safety Gear and Falls; Katy, TX, Company Fined $362,500

Wednesday, July 29th, 2015

(Photo by S. A. McHugh)

(Photo by S. A. McHugh)

The Occupational Safety and Health Administration (OSHA) recently released the news about two companies that have been cited for alleged violations; and the inspections arose after a Texas man was denied requested fall protection equipment and suffered serious construction work injuries. For alleged safety violations, Cotton Commercial USA Inc. of Katy, Texas, has been fined $362,500 and Gardia Construction, which provided the laborers for Cotton Commercial, has been fined $4,900.

A temporary worker was assigned to climb up a ladder and work on a roof, and he requested a safety harness. His request was denied. The man ended up falling through the roof, which was a 12-foot drop. The injured construction worker suffered severe contusions and fractured arms and required hospitalization. Following the incident, Cotton Commercial was required to report the incident to OSHA within 24 hours, but they waited three days to make the report. Subsequently, OSHA inspectors visited both Cotton Commercial and Gardia Construction, which resulted in the citations.

John Hermanson, OSHA Regional Administrator, said that on the day after the worker was injured, Cotton Commercial took steps to ensure that all workers were provided with required safety equipment and that it shouldn’t have taken someone suffering a serious injury for them to comply with the law that they were well aware of.

Throughout the United States, approximately 227 workers are employed by Cotton Commercial, which provides remediation services for residential and commercial structures which have been damaged in disasters. When the above-mentioned accident occurred, workers compensation insurance was provided by Texas Mutual. The current workers comp provider for Cotton Commercial is Affordable Insurance of Texas.

Gardia Construction, which is located in Gretna, Louisiana, and regularly provides labor to Cotton Commercial, employs approximately 80 workers and does not carry workers compensation insurance.

Read this continuing series to learn more about the safety violations that OSHA alleges Cotton Commercial and Gardia Construction committed.

–Guest Contributor


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

Texas Work Accident Injury Lawyer – Health Hazards in the Oil and Gas Extraction Industry – Part 6

Monday, June 15th, 2015

Quartz is a common crystalline mineral made of...

Quartz is a common crystalline mineral made of silica, or silicon dioxide ( Si O 2 ) (Photo credit: Wikipedia)

The United States Department of Labor’s National Institute for Occupational Safety and Health (NIOSH) has identified exposure to airborne silica as a serious health hazard to employees conducting some of the hydraulic fracturing operations.

In recent years, technologies improved which made natural gas and oil deposits more accessible. That technology is, namely, the new horizontal drilling and multi-stage fracking. The process involves pumping large volumes of sand and water into a well at a high pressure to fracture shale and other tight formations, which is effective at allowing gas and oil to flow into the well.

Workers are exposed to high levels of respirable crystalline silica (referred to as “silica”) during the process of hydraulic fracturing.

Crystalline silica is found in the earth’s crust, and it is a common mineral. It most often occurs as quartz and is also a major component of the stone, clay, and sand materials used to make everyday products such as glass, brick, and concrete. Respirable crystalline silica is the part of the crystalline silica that is tiny enough to enter the gas-exchange parts of the lungs, if it is inhaled. This includes particles with aerodynamic diameters of less than about 10 micrometers.

Learn more about dangers to workers involved in fracking; see Part 1, Part 2, Part 3, Part 4, and Part 5 of this continuing series. There are seven primary sources of silica dust exposure that endangers workers during fracking operations, which is covered next in this series. There will also be more specific information about the danger of inhaling silica.

–Guest Contributor


Tags: ,,,,,,,,,

Texas Injury Attorney – Health Hazards in the Oil and Gas Extraction Industry – Part 3

Thursday, June 11th, 2015

English: Oil tanker entering Ferrybridge lock ...

English: Oil tanker entering Ferrybridge lock Empty oil tanker/barge? heading towards Goole from oil depot at Woodlesford, can’t find an Oil Tanker geograph category, open to suggestions. (Photo credit: Wikipedia)

The Occupational Safety and Health Administration (OSHA) provides the following information about symptoms of exposure to hydrogen sulfide, based on parts per million (ppm):

0.01 to 1.5 ppm – This is the odor threshold, when some people first notice the rotten egg smell. At 3 to 5 ppm, the odor becomes more offensive. The odor is described as sweet or even sickeningly sweet above 30 ppm.

2 to 5 ppm – Prolonged exposure to hydrogen sulfide at this strength may cause tearing of the eyes, loss of sleep, headaches, or nausea. Asthma patients may experience airway problems, referred to as bronchial constriction.

20 ppm – Loss of appetite, poor memory, fatigue, headache, dizziness, and irritability are common symptoms.

50 to 100 ppm – After one hour, respiratory tract irritation and slight conjunctivitis, also called “gas eye,” in addition to possibly experiencing loss of appetite and digestive upset occurs.

100 ppm – Loss of the ability to smell after 2 to 15 minutes caused by olfactory fatigue, eye irritation, and coughing occurs with exposure to 100 ppm of H2S. After 15 to 30 minutes, drowsiness and altered breathing can occur. After one hour, throat irritation is common. Symptoms gradually become more severe over several hours. Death may occur after 48 hours of exposure.

200 to 300 ppm – After an hour at this level of exposure, marked respiratory tract irritation and conjunctivitis occurs.

500 to 700 ppm – Within 5 minutes of exposure, staggering and collapse can occur. Within 30 minutes serious damage to the eye can occur. After 30 minutes to one hour, death can occur.

700 to 1000 ppm – Within one to two breaths, there is rapid unconsciousness or immediate collapse (knockdown). Within 1 to 2 minutes, breathing stops and death occurs.

1000 to 2000 ppm – Death is practically instant.

Learn more about dangers to workers in the oilfield industry in Part 1 and Part 2.

–Guest Contributor


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