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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 ‘Workforce’

A 20-year-old Worker Dies in Wolfforth, Texas, in a Construction Accident

Wednesday, July 12th, 2017

English: Logo for the United States Occupation...

English: Logo for the United States Occupational Safety and Health Administration. (Photo credit: Wikipedia)

On Friday, July 7, 2017, 20-year-old Dillon Juarez was allegedly killed in a construction accident in Wolfforth, Texas. Juarez was employed with Allen Butler Construction and was working at a site near Highway 62 and Private Road 1320. According to Chief Rick Scott with the Wolfforth Police Department, Juarez fell into the path of machinery and was killed. The Department of Labor’s Occupational Safety and Health Administration (OSHA) has opened an investigation into the fatal workplace accident, which is standard procedure.

The Wollford Police Department provided a few details on this industrial accident that took place along Marsha Sharp Freeway. Chief Scott said that police responded to a report of an industrial accident at that location at about 4:03 pm. Police dispatched to the scene found that a fatal construction accident had occurred and the person who died was a member of a paving company crew. Improvements to the Marsha Sharp Freeway were in progress when the tragedy occurred. Scott also said the deceased worker fell into the path of heavy machinery.

OSHA provides safety rules for every industry. Employers have a responsibility to ensure the safety of all employees by taking the recommended measures plus by being conscientious regarding worker safety. Among the OSHA rules are details about safe operation of heavy machinery and guidelines intended to keep workers in the vicinity of heavy equipment safe. OSHA’s investigation into this fatal on-the-job incident will include evaluations regarding whether or not such safety guidelines were being followed at the time of the incident.

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 Mineral Wells, Texas, Manufacturer Faces $224,477 in OSHA Penalties

Wednesday, November 2nd, 2016

Baker Hotel in Mineral Wells, TX

Baker Hotel in Mineral Wells, TX (Photo credit: Wikipedia)

On May 3, 2016, an investigation was opened on PECOFacet in Mineral Wells, Texas, by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). The inspection began because of an April 26, 2016, amputation work injury, in which a worker in training lost a finger after part of a metal plate being fabricated fell on it. Then on May 6, an employee suffered serious injuries when a 1,300-pound metal product fell on his feet. OSHA investigators allege that workers have been operating machinery without emergency stop switches or point of operation and safety guards. The total in proposed penalties is $224,477 for 21 alleged serious OSHA safety violations.

Jack Rector, Fort Worth Area OSHA Director, said that the facility had an astounding number of alleged safety violations and is responsible to protect workers from life-altering injuries such as those that occurred in May. He further said that at a large manufacturing facility such as the one at PECOFacet no worker should suffer an amputation injury or be struck by a product.

The many alleged safety violations the Mineral Wells TX manufacturing company has been cited for include allowing the use of non-compliant crane equipment and failure to:

  • Develop or implement lockout/tagout procedures.
  • Install guards on horizontal belts and shafts.
  • Properly address electrical hazards.
  • Mark emergency exits.
  • Ensure that safety latches are on equipment during operation.
  • Ensure that guard rails are on elevated surfaces.
  • Maintain ladders and ensure they meet specification requirements.

As a further example, specifically, on or about May 11, 2016, OSHA alleges that the employer failed to ensure hooks were equipped with safety latches, which exposed workers to struck-by hazards or dropping loads. The proposed penalty for this alleged serious violation alone is: $12,471.

–Guest Contributor


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A Houston, Texas, Machinery Rebuilder is Cited by OSHA with $155K in Penalties

Wednesday, October 5th, 2016

Hermann Park in Houston, Texas. Photograph by ...

Hermann Park in Houston, Texas. Photograph by J. Williams. (Feb. 12, 2006). (Photo credit: Wikipedia)

In August 2016, The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) followed up on on a February 2016 inspection at Machinery Maintenance Rebuilders Inc. Houston, Texas. OSHA investigators allege that violations had not been addressed. More specifically, they allege that workers were still operating dangerous machinery that did not have proper safety guards, lacked required energy-control devices used to disable potentially dangerous machinery, and was not properly secured. In addition, it is alleged that workers in the machinery repair shop were exposed to amputation and struck-by hazards. The August inspection resulted in two citations being issued, one being a failure to abate violation and the other an alleged serious violation. Proposed penalties amount to: $155,139.

According to the Houston North Office OSHA area director, Joann Figueroa, workers were in danger of losing a limb or their life because they were exposed to machinery that did not have proper guarding. Figueroa said failure to abide by this safety requirement will not be tolerated, and the company is responsible to address and remedy workplace hazards.

The following are more details about the alleged failure to abate alleged violation:

On or about August 23, 2016, and at times prior thereto, in the shop area, employees operating a Tree 2VGC vertical mill, ID # 17, were allegedly exposed to a struck-by hazard because the machinery did not have a point of operation guard. The proposed penalty for this alleged serious safety violation is: $149,652.

The following are more details about the alleged serious OSHA violation:

On or about August 23, 2016, employees working in the shop area were servicing a Bridgeport vertical mill, ID #18A, without the energy sources being locked out, which exposed them to struck-by and electrical shock hazards. The proposed penalty for this alleged serious safety violation is: $5,487.

Machinery Maintenance Rebuilders in Houston had 15 days from receipt of its citations to comply, ask for an informal conference with the OSHA area director, or contest the penalties and citations before the independent Occupational Safety and Health Review Commission.

–Guest Contributor


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A Worker in the Fracking Industry is Killed in San Antonio, Texas

Tuesday, August 19th, 2014

English: A forklift operator brings his vehicl...

English: A forklift operator brings his vehicle into place to load a C-130 aircraft during a hands-on segment of Uganda ADAPT 2010, a mentoring program conducted in Entebbe, Uganda, that resulted in certifying 25 soldiers as C-130 aircraft load planners. U.S. Army photo by Gordon Christensen (Photo credit: Wikipedia)

A 3,500-pound bag of fracking sand dropped onto a 60-year-old worker yesterday, and the man died from his injuries. The fatal work injury occurred in San Antonio, Texas, on the site of an oilfield transportation company located on Bulverde Road near Loop 1604. The San Antonio Police Department is investigating the circumstances surrounding the deadly accident.

Public Information Officer with the San Antonio Fire Department Christian Bove described what happened. A forklift operator was attempting to lift several of the bags of fracking sand. The sacks were stacked onto the forklift, and the now deceased worker was “spotting” for the forklift operator. At about 10:00 a.m., one of the bags fell off of the forklift and onto the worker. It is believed that the man died instantly.

Fracking sand is used in an industry that is fraught with dangers to workers, the public in general, and the environment. Fracking is a technology which has made previously unreachable pockets of gas and oil in shale formations accessible and, therefore, profitable.

Workers in the fracking industry are very much at risk, a fact that is substantiated with worker fatality statistics. There was almost a 100% increase in the number of workers killed in the industry between 2009 and 2012. In 2012 alone,138 workers suffered fatal on-the-job injuries. In a figure directly linked to an increase in workers involved with fracking, the fatality rate for oil and gas workers is almost 8 times higher than the rate representing the entire industry, which comes to 3.2 deaths for every 100,000 workers. Explosions are an all too common occurrence, among other risk factors. Lack of proper training and failure to follow safe practices are among the leading causes of hazardous accidents within the industry.

In this continuing series, read about more dangers to workers and the public caused by the fracking industry.

–Guest Contributor


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