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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 ‘Race and ethnicity in the United States Census’

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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Injury Attorney – OSHA Cites 2 Employers Regarding a Worker in an Unprotected Trench in Conroe TX

Monday, November 30th, 2015

English: Link-Belt 290 X2 excavator

English: Link-Belt 290 X2 excavator (Photo credit: Wikipedia)

This week the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released findings from a July investigation of North Texas Contracting Inc. and K&S Contractors. The inspection was initiated by a report that employees at a Conroe, Texas, worksite were working in an unprotected trench. North Texas Contracting was fined $59,100; and K&S Contractors was fined $6,800. Steve Devine, acting OSHA area director in the Houston North office, said that it puts a worker’s life in serious and immediate jeopardy when exposed to trenching hazards.

The following are citations issued to Ken Hosang dba K&S Contractors:

OSHA alleges that K&S committed the serious violation of allowing employees without protective helmets to work where there was a possible danger of head injury from the impact of flying or falling objects or from electrical shock and burns. Specifically, the alleged violation was observed on or about July 14, 2015, in Conroe, TX. Employees in an excavation were exposed to struck-by hazards as they were installing concrete formwork without protective helmets. The proposed penalty is: $1,200.

OSHA also alleges that K&S employees were working in excavations in which water had accumulated or was accumulating and adequate precautions had not been taken to protect employees against the dangers posed by accumulation of water. The alleged violation was observed on or about July 14. Employees were in an excavation with accumulated water and without adequate precautions which would protect them from potential hazards. The proposed penalty for this alleged violation is: $2,800.

See this continuing series to learn more.

–Guest Contributor

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A Seabrook, Texas, Man is Sentenced in a Workers’ Compensation Fraud Case

Monday, October 20th, 2014

English: A Fort Hood, Texas, welder adds his s...

English: A Fort Hood, Texas, welder adds his skill to the Materiel Enterprise by repairing equipment undergoing field-level reset under the direction of Army Sustainment Command’s 407th Army Field Support Brigade. (Photo credit: Wikipedia)

Workers’ compensation coverage in Texas is intended to provide assistance to employees who suffer on-the-job injuries. Worker’s compensation insurance coverage compensates injured workers for medical care, lost wages, and sometimes for vocational rehabilitation. In this strict liability system, to obtain worker’s comp benefits, the employee does not need to enter into any type of lawsuit to prove who was at fault. It’s also true, however, that the employee who accepts workers’ comp benefits agrees not to sue the employer, with little exception. Employees cannot, however, receive workers’ compensation from one company while working and earning money elsewhere; this is referred to as double dipping, and it’s against the law. In a recent report from Texas Mutual Insurance Company, a Texas man has been sentenced on fraud charges related to workers’ comp.

A man from Seabrook, Texas, was receiving benefits from an Alvin, Texas, company because of an injury he suffered while working as a welder. Part of his claim was that he could not work, as a result of the injuries. While the man was receiving benefits through the Alvin company, Texas Mutual discovered evidence that the man was earning wages as a skilled laborer with a League City company and also a Houston company. This type of fraudulent activity can lead to higher benefit costs for all employers in Texas.

The Seabrook man was sentenced by a judge to deferred adjudication and to pay restitution to Texas Mutual in the amount of $6,156.

–Guest Contributor

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Grand Prairie Work Injury Attorney: 2013 Fatal Occupational Injuries are Released in a Preliminary Report – Part 3

Tuesday, September 16th, 2014

English: A food service worker from Seaside Ga...

English: A food service worker from Seaside Galley prepares a special Friday meal similar to what detainees will be served during Ramadan. – JTF Guantanamo photo by Army Spc. Megan Burnham (Photo credit: Wikipedia)

Worker Characteristics

  • All major racial/ethnic groups saw a lower fatal work injury count in 2013 with the exception of Hispanic or Latino workers.
  • Overall, the fatal occupational work injury count for 2013 was 6% lower than the previous year for non-Hispanic white workers, 15% lower for non-Hispanic African American or black workers, and 22% lower for non-Hispanic Asian workers.
  • Among Hispanic and Latino workers, fatal work injuries increased by 7%. There were 748 deaths in 2012 and 797 in 2013. Of the Hispanic or Latino workers who died on the job in 2013, 527 of them were foreign-born.
  • Among full-time equivalent (FTE) Hispanic or Latino workers, the fatal occupational injury rate was 3.8 per 100,000 workers; the national rate for all FTE workers was lower, at 3.2 per 100,000.
  • The total for foreign-born worker fatalities in 2013 was 845. The largest share of those fatalities (42%) were workers born in Mexico, with a total of 352.
  • There was a sharp decrease in the number of worker fatalities among workers under 16 years of age, from 19 in 2012 to 5 in 2013. This number is the lowest annual total for young workers since 1992, the first year of the fatality census.

See Part 1 and Part 2 of this ongoing series for more information from the preliminary 2013 census of fatal on-the-job injuries.

–Guest Contributor

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Plano Work Accident Injury Lawyer: 2013 Fatal Occupational Injuries are Released in a Preliminary Report

Monday, September 15th, 2014

English: A server in a restaurant waits for cu...

English: A server in a restaurant waits for customers, Siem Reap, Cambodia. May 2009. (Photo credit: Wikipedia)

The U.S. Bureau of Labor Statistics, U.S. Department of Labor released preliminary results of a 2013 Census of Fatal Occupational Injuries (CFOI) and initial figures indicate that there was a decrease in fatal work injuries, as compared with 2012. Key findings in the 2013 fatal occupational injuries census preliminary report follow:

  • Seventeen percent of all worker fatalities in 2013 were working as contractors at the time of their death, which was a total of 734 decedents.
  • There was a 7% rise in the number of fatal on-the-job injuries among Latino or Hispanic workers; with a total of 797, it was the highest number of decedents in that category since 2008. Among all other racial/ethnic groups, the number of fatal work injuries dropped.
  • There were substantially fewer fatal occupational injuries among workers age 15 years and younger. The 2012 total of 19 fell to 5 last year, which was the least ever reported in an annual census of occupational fatalities. The majority of other age groups also had fewer deaths in 2013. Among workers 25 through 34, however, there were more fatal occupational injuries.

See this ongoing series for more information from the preliminary 2013 census of fatal on-the-job injuries.

–Guest Contributor

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