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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 ‘United States’

26-year-old Byron Jones Dies at a Tire Shredding Plant in Harris County, Texas, in a Tragic Industrial Accident

Thursday, February 8th, 2018

Harris County Courthouse, Houston, Texas Photo: Labeled for reuse)

Byron Jones, age 26, was working at a recycling plant near Sheldon, Texas, on Friday, January 26, 2018, when he got caught in a tire shredder and couldn’t free himself. Tragically, he died in what was described as a gruesome industrial accident. The plant is Genan, Inc., located in northeast Harris County. Co-workers said they reported Jones missing prior to the discovery of what had happened. A federal investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is underway. OSHA investigators were already at the plant on the weekend just following the workplace fatality. The fatal industrial accident is also being investigated by the Harris County Sheriff’s Office.

According to the Genan website, the company has plants in Denmark and Germany, and the plant located near Houston is the world’s largest tire recycling plant. Online OSHA records indicate that there has never been an accident at the Harris County site since it opened in 2014.

The family has announced intentions to file a lawsuit in connection with Jones’ death, holding accountable any who may have been negligent or grossly negligent.

Employers have a duty to provide a safe work environment for workers. Among their responsibilities is providing training so that employees are aware of risks in the workplace.

Statistics show that machine guarding is among the ten most cited OSHA violations every year, in spite of strict regulations that try to prevent related accidents. A company providing machine safeguarding services and products, Rockford Systems, LLC, shared the following mistaken beliefs that tend to lead to accidents:

  • Myth 1: Because when they are sold they are fully compliant with OSHA safety guidelines, new machines are safe;
  • Myth 2: OSHA regulations aren’t legal requirements but simply guidelines; and
  • Myth 3: Older machines are exempted from having to meet OSHA standards for machine safety.

–Guest Contributor

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A Contract Worker Dies in a Struck-By Accident at the ExxonMobil Refinery in Beaumont, Texas

Thursday, December 7th, 2017

Goodhue Building, Beaumont, Texas. Notice the ...

Goodhue Building, Beaumont, Texas. Notice the penthouse on top. (Photo credit: Wikipedia)

On Friday, December 1, 2017, at Exxon’s Beaumont, Texas, refinery, contract worker Yesenia Espinoza, age 31, was fatally injured. The mother of two daughters, ages 6 and 1, was accidentally struck by a 24-inch pipe while working at the Beaumont ExxonMobil Corp refinery. She was on a project to build a SCANfining unit when the pipe allegedly fell and hit her on the head. According to a spokesperson for ExxonMobil, Espinoza was employed by Echo Maintenance LLC, which routinely does construction work for refineries and chemical plants.

Sources say that in May 2016, there was another incident in which a contract worker died at the same Beaumont refinery after being struck by a pipe.

The U.S. Department of Labor’s Occupational Health and Safety Administration (OSHA) recently identified four leading workplace hazards, and struck-by hazards are among them. The other three leading causes of on-the-job fatalities are falls, caught-in or –between hazards, and electrocution. Collectively, all four are the direct causes of 90% of all construction deaths in the U.S. Employers have a responsibility to provide safe workplace environments.

OSHA posted a struck-by online course designed specifically for individuals with safety responsibilities, including:

  • Superintendents
  • Crew Leaders
  • Construction Managers
  • Employers
  • Foreman
  • Construction Workforce

The key benefits and features of the safety course include the following:

  • Understand what employers are required to do to protect workers
  • Know ways to protect yourself from struck-by hazards
  • Contact your employer, safety coordinator, or supervisor with further questions.

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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A Crane Falls, Killing a Contract Worker for a Port Arthur, Texas, Refinery

Thursday, July 27th, 2017

English: A tracked construction crane in Waita...

English: A tracked construction crane in Waitakere City, New Zealand, on a construction site for the railway line improvements. This appeared to be for the new bridge over the nearby creek. (Photo credit: Wikipedia)

On July 13, 2017, a contract worker was struck by a crane that fell over on him as he was working for Motiva Enterprises, a Port Arthur, Texas, refinery. He died from his injuries. The worker was employed with Newtron Beaumont, an electrical and instrumentation contractor located in Beaumont, Texas.

Employers have a duty to ensure that employees and contractors have a safe work environment. Specific safety guidelines for all industries are provided by the Department of Labor’s Occupational Safety and Health Administration (OSHA). Following fatal workplace accidents, it is standard procedure for OSHA to conduct a safety inspection and an investigation into the deadly incident that occurred. As applicable, the company will usually be cited for specific safety violations and fined for the amounts pre-determined by federal guidelines.

Construction crane accidents have become a major focal point in some areas where fatal crane incidents have been alarmingly frequent. According to the 2017 Rider Levett Bucknall Crane Index, the three cities in the U.S. with the most cranes in operation are Seattle, Chicago, and Los Angeles. Construction booms are generally positive economic signals. At the same time, there needs to be increased focus on safety. With more cranes actively working at construction sites, there is also greater potential for crane-related accidents.

Although there is currently a push for deregulation from the Trump administration, OSHA continues with updates in safety guidelines related to crane safety. New criteria will be identified that employers need to follow for the purpose of ensuring that crane operators are fully qualified to safely operate cranes on construction job sites.

A loss prevention safety expert, Ray Master, said that crane accidents are at the top of the list of potentially catastrophic incidents at construction sites.

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 4

Wednesday, May 17th, 2017

English: The Frances Perkins Building of the U...

English: The Frances Perkins Building of the U.S. Department of Labor headquarters in Washington, D.C. (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.

News sources revealed more details about the deaths of workers Robert Higgins and Kelvin Mattocks. As they were working in a trench that was approximately 12 feet deep, the trench collapsed. The men were both trapped by soil up to their waists. Tragically, the collapse of the trench caused an adjacent supply line to a fire hydrant to break. The trench was quickly filled with water from the broken water pipe, and the men were trapped underwater within seconds. Coworkers tried desperately to save the men, but they both drowned.

The man who oversaw the work at Atlantic Drain on the day the workplace fatalities occurred, the same man criminally charged, allegedly failed to:

  • Install a trench support system to protect workers in a 12-foot trench from a trench collapse;
  • Prevent the adjacent fire hydrant line from breaking, by virtue of failing to prevent a trench collapse;
  • Remove workers from the dangerous trench conditions;
  • Provide the workers with training that would equip them to identify and address dangers associated with excavation work and trenching;
  • At all times provide a ladder so that workers could exit the trench;
  • Support structures near the trench that posed overhead dangers; and
  • Provide workers with eye protection and hard hats.

Atlantic Drain was cited for 18 willful, serious, repeat, and other-than-serious violations of safety standards for the workplace. In 2007 and 2012, OSHA alleges to have cited the company for similar hazards related to trenching worksites.

See Part 1, Part 2, and Part 3 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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A 43-year-old Oilfield Worker is Killed on the Job in Brazoria County, Texas

Thursday, March 23rd, 2017

English: Oil well An oil rig used for training.

English: Oil well An oil rig used for training. (Photo credit: Wikipedia)

On Tuesday, March 14, 2017, a fatal workplace accident occurred in Brazoria County, Texas, south of Pearland near Highway 35 and County Road 129. A piece of equipment weighing between 2,500 and 3,500 pounds was being lifted when it broke free and fell to the ground, also striking and killing 43-year-old Antonio Perez of El Campo. The tragedy occurred at the Denbury Resources Oil Field. The oilfield worker was pronounced dead at the scene, and an investigation into the accident is ongoing.

There are certain risks associated with all work environments, and an oil field is among the more dangerous workplaces. Employers have a responsibility to workers to follow safety guidelines provided by the Department of Labor’s Occupational Safety and Health Administration (OSHA).

The following are safety hazards that are associated with oil and gas extraction activities, as identified by OSHA:

  • Machine hazards
  • Struck-by, caught-in, and caught between hazards
  • Vehicle collisions
  • Explosions and fires
  • Falls
  • Ergonomic hazards
  • Confined spaces
  • Electrical and other hazardous energy
  • High pressured lines and equipment

For each of these hazardous areas and more, OSHA provides safety guidelines. Employers have access to what they need to maximize the safety in every work environment. When companies fail to follow safety rules, there is a greater likelihood that someone will be seriously hurt or killed.

Many would argue that when it comes to hazardous machinery and equipment in the workplace, the oil and gas industry ranks first. Dangerous machines often operate in unguarded areas, which puts workers at further risk. The following are examples of operations that should be performed with great caution by competent operators:

  • Spinning chain
  • Heavy lifts and hoists
  • Traveling derrick
  • drilling
  • Loading and unloading materials

–Guest Contributor

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A Worker is Run Over and Killed at a Carrollton, Texas, Construction Site

Tuesday, March 7th, 2017

Tunnel construction for Gautrain, from "M...

Tunnel construction for Gautrain, from “Mushroom Farm” shaft to Sandton ; Cement mixer truck. (Photo credit: Wikipedia)

A fatal construction accident occurred on Monday, March 6, 2017, in North Carrollton, Texas. In the Castle Hills development project at the corner of Old Denton Road and Windhaven Parkway, a heavy-equipment construction vehicle ran over a worker, killing him. Police said no criminal charges are expected to be filed in the case. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) will conduct an immediate investigation, which is standard procedure in a workplace fatality.

Backover fatalities occur at an alarming rate. The following are figures in a report on backover fatalities that occurred in a recent five-year period:

  • Dump truck – 67 deaths
  • 18-wheeler – 40
  • Truck – 30
  • Forklift – 21
  • Garbage truck – 20
  • Pick-up truck – 16

OSHA has standards specifically designed to prevent backover incidents. In rare circumstances, OSHA requires that a vehicle have a spotter or a backup alarm when backing up a vehicle with an obstructed view to the rear. Generally, it is not required by OSHA that forklifts and other powered industrial trucks be equipped with backup alarms. Employers are prohibited, however, from removing existing warning devices such as backup alarms.

OSHA has the following rule within Safety and Health Regulations for Construction – Motor Vehicles, Mechanized Equipment, and Marine Operators, pertaining to a construction worksite:

  • A vehicle must be backed up only when an observer has signaled that it’s safe to do so.

The construction industry is one of the most dangerous industries for workers, with a large percentage of annual workplace fatalities and injuries. Employers have a duty to take special precautions to protect workers, particularly in all areas that have been identified as hazardous.

–Guest Contributor

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1 Worker Dies and Another is Critically Injured in an Electrical Accident

Wednesday, February 1st, 2017

Landscape of the skyline of Lubbock, Texas tak...

Landscape of the skyline of Lubbock, Texas taken from the shoulder of Interstate 27. (Photo credit: Wikipedia)

A fatal workplace accident occurred on Saturday, January 21, 2017, in Lubbock, Texas. At a construction site for a new building, two men were working together when it is believed they made contact with energized lines while drilling into an electrical box. A fire erupted and was quickly ignited. Both construction workers at the scene were burned and had possibly been shocked. They were transported to a nearby hospital, where one of the men died early the next day. The other injured worker is still in critical condition.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) will conduct a complete investigation of the employers involved in this fatal workplace incident. It will be determined whether required safety practices were used. Such OSHA rules are designed for the purpose of holding employers accountable when they fail in their fundamental duty to provide workers with a safe workplace environment.

Electrical accidents are not uncommon on construction sites or in other work venues. “Electrical Wiring Methods” was the ninth most frequent type of OSHA violation for fiscal year 2016. There were 1,940 OSHA safety violations in this category. In 2015, there were 464 more electrical workplace violations and this category was the eighth most frequently violated. This was the largest violation decrease in a particular category, which is a very good thing. Obviously, electrical hazards are extremely dangerous.

“General Electrical Requirements” was the category that was tenth most frequently cited by OSHA in 2016, with 1,704 violations issued. This category focuses on proper use and installation of electrical equipment and conductors.

If employers in this tragic workplace accident are found by OSHA to have failed in electrical safety procedures, they will face penalties.

–Guest Contributor


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A Female Construction Worker is San Antonio Crushed by a Backhoe

Wednesday, January 25th, 2017



A 19-year-old woman was killed at a construction site in San Antonio, Texas, when the bucket of a backhoe was dropped on top of her. The shocking workplace fatality occurred on the morning of Monday, January 23, 2017. The woman was pronounced dead at the scene, and the foreman who was driving the backhoe and said he didn’t see the woman was hospitalized, most likely for shock, according to Bexar County Sheriff’s Office Sgt. Roger Pedraza.

The deceased was a construction worker at the construction site, which is on Potranco Road in the 13700 block. Police were called at about 10:30 am and reported that the woman had been crushed to death by the backhoe.

At least two dozen members of the accident victims’ family went to the site. According to one of the victim’s siblings, her sister had been injured at the construction site the previous week. Allegedly, the same backhoe operator knocked her in the leg with the machine, giving her a bruise about the size of a grapefruit. The sibling also claimed that her sister had complained about lack of adherence to safety guidelines on the worksite.

A construction worker at the scene who has been at the site for about a month alleged that the same foreman involved in this deadly accident was frequently careless on the job, resulting in a lot of broken pipes.

Employers have a responsibility to ensure a safe workplace environment. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) will be conducting an investigation, prompted by this tragedy. If the employer is found to be in violation of safety guidelines, the company will be cited and will face proposed penalties. OSHA penalties have just been increased for the first time in a quarter century. The new amounts have the potential to seriously impact small businesses, which will hopefully serve to motivate employers to improve worker safety procedures. This tragic construction fatality in San Antonio was allegedly a senseless, preventable act.

–Guest Contributor

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Dallas Lawyer – The Need for Workplace Fall Protection is Enunciated by a Recent Construction Fatality

Wednesday, January 18th, 2017

A window washer on one of skyscrapers in Shanghai

A window washer on one of skyscrapers in Shanghai (Photo credit: Wikipedia)

One construction worker died and another was critically injured in San Antonio, Texas, in December 2016 after a horrific fall that was entirely preventable. According to the San Antonio Fire Department, the men were about 75 feet above the ground in a bucket on a forklift when the bucket tipped over and the men fell out. Specific guidelines for workplace safety and fall prevention are provided by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). When a situation such as this tragic workplace fatality occurs, OSHA investigators visit the employer and impose penalties for all alleged safety violations. The penalties have recently been raised for the first time in 25 years.

Ideally, employers recognize the value and importance of protecting workers from hazardous situations and diligently adhere to safety regulations. Tragically, far too many employers neglect the basic duty to provide safe workplace environments. Falls are the leading cause of death among construction workers, but it’s not because employers aren’t equipped with information on how to keep employers safe in a variety of situations.

Fall safety can often be achieved through the use of guardrail systems, safety net systems, and personal fall arrest systems. These are referred to by OSHA as conventional fall protection methods. Employers are encouraged to take actions to prevent falls of any kind, such as installing guardrails that will prevent employees from accidentally falling over a building’s edge.

A fall restraint system is one which does not allow a fall of any distance. This protection system is comprised of a body harness or body belt, an anchorage, connectors, and additional necessary equipment, such as a lifeline and lanyard. This is another of the options that can protect a worker from a dangerous fall.

Workers should know that they have a right to work in conditions that do not pose a risk of serious harm or death. The best way to establish a safe and healthful work environment, according to OSHA, is with a comprehensive illness and injury prevention program, including fall protection measures.

–Guest Contributor

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