In fact, the number of work-related fatalities within the oil and gas drilling industry in Texas has risen from 35 in 2003 to 45 in 2012. In 2007, the number peaked with 49 deaths at the state's drilling rigs and well sites.
]]> In 2008, the National Occupational Research Agenda, a government and industry safety group, found that the fatality rate for gas and oil extraction workers was eight times higher than the average of all other occupations.Since then, the group has been working to figure out why the death rate is so high and what can be done to lower it. They found the mission to be a difficult one as many companies in the oil and gas industries are stuck in old ways of doing things and are hesitant of change.
The group decided to focus on safety improvements in South Texas, where drilling for oil and gas has grown immensely over the past few years because of the Eagle Ford shale. Sadly, there has also been a steady increase in drilling-related deaths in the area.
Last year, seven workers died on-the-job in South Texas. This was up from only three work fatalities in 2010, according to the director of the Occupational Safety and Health Administration's office in Corpus Christi.
Please check back later this week for more on this important issue.
Source: State Impact, "Drilling's Dangers: What Might Reduce Worker Deaths," Dave Fehling, Feb. 6, 2012
]]>A few trucks with special permits are currently allowed to exceed the weight limit, paying anywhere from $15 to $4,000 for the privilege. The proposed law would make super heavy trucks more commonplace on highways in Texas and the rest of the country. Critics argue that the change could enhance the risk to other motorists and increase the number of trucking accidents.
]]> Proponents of the legislation include about 200 companies, many of which are heavily involved in the shipping of household goods using tractor-trailers. The remaining proponents are almost all trucking companies. For them, the issue revolves around reducing their costs for fuel and enhancing their profits, with their focus not concentrated on the possible safety ramifications.Those opposing the legislation contend that heavier trucks will inevitably inflict more damage on the country's infrastructure, including on sagging bridges already in need of repair. This can cause bridge collapses like one five years ago in Minnesota that injured 145 people and killed 13.
Making matters far worse, no federal funds are currently available, or likely to be readily available soon, for repairing such bridges. The cost of backlogged repairs in the country is now approaching $70.9 billion.
Further, the heavier trucks take 25 percent more area to come to a real stop, which can lead to more accidents, opponents say. Truck accidents already impose a heavy burden on the public, resulting in 3,675 deaths in 2010 nationwide, an increase of approximately nine percent from 2009.
Source: Bellingham Herald, "Trucks on federal highways could soon be heavier," Gordon Dickson, Jan. 30, 2012
]]>When companies are found in breach of OSHA's safety regulations, they can be fined heavily. A Texas-based tile manufacturer learned that the hard way after it was handed $318,000 in proposed fines from OSHA after an inspection found 25 safety and health violations.
]]> OSHA said that it cited American Marazzi Tile Inc. with the violations for exposing workers at its facility in Sunnyvale to excessive noise levels, machine guarding hazards and other dangerous conditions. OSHA's regional administrator in Dallas said that three of the violations were willful.The inspection was conducted as part of OSHA's Site-Specific Targeting Program, which focuses on enforcing health and safety initiatives at workplaces with injury and illness rates that are higher-than-average. The goal is to identify and fix hazardous conditions before more injuries illnesses occur.
The three willful violations involved the company's failure to implement a hearing conservation program for workers exposed to noise levels exceeding a certain level, its failure to provide requisite machine guards for certain dangerous machinery and its failure to protect workers from the unexpected start up of machinery.
Additionally, there were 21 serious violations discovered by the OSHA inspection as well as one other-than-serious violation. The company, which employs about 254 workers, will now have a chance to respond to the allegations made by OSHA and the fines proposed.
Source: OSHA Regional News Release, "US Department of Labor's OSHA cites American Marazzi Tile for exposing workers to excessive noise levels, lack of machine guarding and other hazards," Jan. 13, 2012
]]>The chemicals came from saltwater containing hydrocarbon condensate that was being dumped into a nearby storage tank. Hydrocarbon condensate is extremely flammable, officials said, and some of the fluids being disposed of allegedly created a firewall surrounding the storage container.
]]> One 47-year-old man is feared to have suffered internal injuries as he was witnesses spitting out a large quantity of his own blood. He was rushed by air to a local hospital for treatment. His current condition has not been released.A second worker's injuries were treated by emergency responders on the scene, while a third worker was driven to a hospital in a private vehicle. A sheriff's deputy described all three men as conscious following the explosion.
There were reportedly 33 firefighters from various fire departments who helped to extinguish the flames and bring workers to safety.
An investigation of the incident is being conducted by the U.S. Occupational and Health Administration, along with other agencies. Officials will look into whether any workplace rules were violated prior to the explosion.
A spokeswoman for the Texas Railroad Commission stated that the agency had not initially found any infractions of its safety rules.
The saltwater disposal plant is under the management of High Roller Well, LLC. The incident was the second fire at an oil industry facility in the past six months, according to the Pearsall fire chief.
Source: My SA, "Explosion near Pearsall injures three," Ana Ley and Jessica Kwong, Jan. 21, 2012
]]>There are many factors that can lead to a trucking accident, and driver fatigue is one of the most common.
For years, officials have pinpointed driver fatigue as a cause of trucking accidents, but it was only recently that officials tied a disorder, sleep apnea, to the problem.
]]> Two government advisory panels announced a recommendation last month that obese truck drivers should be screened for sleep apnea, which leads to disrupted sleep and drowsiness during the day.The Motor Carrier Safety Advisory Committee and the Medical Review Board said that more discussions are set to take place this year regarding the screening proposal, and a finalized presentation will be given to the Federal Motor Carrier Safety Administration for its consideration.
If the FMCSA agrees to adopt the proposal, truck drivers who cause accidents by falling asleep behind the wheel or other fatigue-related mistakes could be taken off of the roads for an evaluation and possible treatment for sleep apnea.
Sleep apnea is also most common in overweight people, which is why this population of drivers has been targeted for screenings.
When a trucking accident is caused by the negligent or wrongful acts of another party, like a driver who is fatigued, the injured victim can pursue compensation for the damages in a personal injury lawsuit.
Accident victims may be able to recover economic damages, such as medical costs and lost wages, and non-economic damages, such as pain and suffering.
Source: The Huffington Post, "Sleep Apnea In Truck Drivers: Advisory Panels Recommend Screening For Condition In Obese Drivers," Dec. 19, 2011
]]>According to his complaint, the plaintiff had been delivering material for a community safety wall in a Galveston County subdivision when the accident occurred. The plaintiff said that a crane-forklift operator, who was employed by one of the defendants, began taking the appropriate steps to take the materials off of the plaintiff's truck and set it into place.
]]> However, the complaint states that one of the company's personnel asked the plaintiff to assist by climbing on top of the wall to help put the materials into place.The plaintiff said he complied, but then the crane-forklift operator made a miscalculation and knocked him off the wall. The plaintiff said he fell 12 feet onto a concrete floor, causing "extensive" injuries.
The complaint also showed that an investigation by the U.S. Department of Labor's Occupational Health and Safety Administration revealed that the defendant company did not provide the plaintiff with proper safety equipment -- namely fall protection -- and did not train and certify the crane-forklift operator in a proper manner.
The plaintiff has asked for a jury trial and monetary damages in the complaint, but does not state how much he is seeking.
Frequently after workplace accidents, OSHA will conduct an investigation and issue a report naming any safety violations, if any. These reports can be very useful in personal injury lawsuits brought by workers who were injured in the accidents.
Source: The Southeast Texas Record, "Houston man sues after being knocked off wall by worker," John Suayan, Jan. 16, 2012
]]>Recently, a Galveston County resident brought a personal injury claim in Galveston County District Court against the owner of a Texas seafood warehouse facility after his foot was allegedly run over by an unsafe forklift.
]]> The man claims that an employee of Texas Gulf Seafood Inc. ran over his right foot on Dec. 10, 2009 as the man stood line to talk to a supervisor. Apparently, the accident happened "suddenly and without warning," and left the accident victim with a fractured foot.The petition accuses the warehouse owner of negligence because the forklift involved in the accident reportedly had a "broken signal that beeps when it is backed."
The lawsuit states that "allowing a forklift to operate without an operable backing signal to warn others that the forklift would be backing created a dangerous condition on the premises that constituted an unreasonable risk of harm."
The warehouse owner is also accused of negligence for failing to provide a warning about the dangerous condition. The man who was injured in the accident is seeking $75,000 in damages.
As you can see, even something as simple as failing to fix a safety feature on a piece of machinery can lead to serious liability in a personal injury lawsuit. This should remind employers to test frequently to make sure safety features are working properly, no matter how minor they may seem.
Source: The Southeast Texas Record, "Man says forklift had no back up warning system," John Suayan, Jan. 16, 2011
]]>According to media reports, the accident occurred last Friday evening at 7 p.m. on Beechnut Road near Club Creek. The construction site was located behind an apartment complex, according to reports from officials. Witness accounts report that, following the trench collapse, a group of contractors working on the drainage project ran to nearby people asking for help.
]]> Reportedly, the trench was close to 12-feet-deep and around 8-feet-wide. According to the Captain of the Houston Fire Department, the slough that was around the trench is what caused a pipe to move and pin one of the workers. The other worker was buried underneath nearly three tons of soil.According to witness reports, all of the workers at the construction site grabbed shovels and attempted to dig the workers out before firefighters arrived on scene.
When firefighters arrived, they were able to rescue one of the workers, a 28-year-old man. Rescue workers rushed him to a local medical center. The other worker, who is believed to be approximately 30-years-old, was unable to be saved.
It is likely that the Occupational Health and Safety Administration will conduct an investigation of the job site to determine the cause of the cave-in, and if anything should have been done to prevent it.
If so, the construction company and other liable parties could face hefty fines in addition to personal injury lawsuits brought by the injured worker and the family of the worker killed.
Source: KTRK-TV Houston, TX, "Trench collapses on two workers in SW Houston," Demond Fernandez, Jan. 6, 2012
]]>Last week, a young worker was seriously injured in an industrial accident that left him burned from the waist up, officials reported. The accident reportedly occurred at the A&E Machine Shop Inc. in Lone Star, Texas, on Jan. 5.
]]> According to reports, the 19-year-old worker was cutting a barrel with a torch when the barrel exploded, leaving him with third and fourth degree burns on his upper body, neck and face.Following the explosion, the young accident victim was air-lifted by a East Texas Medical Center helicopter to Parkland Hospital in Dallas for treatment. The owner of the machine shop said the worker had been employed there for a year.
It will likely be a long road to recovery for the young man. He will probably need extensive medical care and could suffer permanent injuries. Luckily, it may be possible for him to collect workers' compensation benefits to help cover his medical expenses and lost wages.
OSHA will likely inspect the job site for dangerous conditions that may have contributed to the accident. If dangerous conditions are found, the worker may instead choose to bring a personal injury lawsuit against his employer for putting him at risk.
In Texas, an injured worker cannot receive workers' compensation benefits and sue his employer for negligence as described above.
However, it is still possible to sue a third party that is responsible for the injury and receive workers' compensation benefits. An example of this would be a lawsuit against the maker of faulty or defective equipment.
Source: The Daingerfield Bee, "Lone Star teenager air-lifted to Dallas after industrial accident," Marlene J. Bohr, Jan. 6, 2012
]]>Following a tip from an employee of Piping Technology and Products in Houston, Texas, federal regulators found 30 workplace safety violations resulting in $1 million in proposed fines.
According to the Occupational Health and Safety Administration, the Houston company exposed its employees to such risks as injuries and amputations due to dangerous machinery at the unsafe work environment.
]]> OSHA revealed that this isn't the first time Piping Technology has been cited for such violations. In 1986, 1994 and 2005, it received warnings focusing on the need to guard band saws in operation during production.OSHA's statement said an employee reported the company earlier in the year for having unguarded presses within the company's facility, as well as no brakes on overhead cranes.
This time, OSHA's investigation found the company liable for committing 17 "willful violations," which are said to have been committed while blatantly ignoring the law.
The company was cited for providing no guards on band saws, and failing to put barriers on hazardous energy sources on various pieces of equipment prior to performing maintenance procedures on them.
Each of the citations received by the company from OSHA carry a $70,000 penalty, equaling to a $910,000 total. The majority of the violations proposed by OSHA's fine were willful, but the agency also cited 17 additional serious violations, which OSHA said could have resulted in death and the company should have known about.
As a result of these violations, the company has been placed in OSHA's "Severe Violator Enforcement Program." This makes follow-up inspections a requirement in order to ensure the company is in full compliance of the law.
Ultimately, the company is lucky a worker was not injured or killed or it could also be facing a serious personal injury lawsuit.
Source: Courthouse News Service, "OSHA Whacks Pipemaker for $1 Million in Fines," Cameron Langford, Dec. 30, 2011
]]>Last week, a housekeeper at a San Antonio hotel was killed when she fell six stories down an elevator shaft. Subsequent reports revealed that the hotel elevator was overdue for inspections at the time, which may have prevented the accident.
]]> The accident occurred at the Crockett Hotel, where the 65-year-old woman had worked since 1999. The hotel has three elevators in total, all of which were more than two weeks overdue on annual inspections required by state law, the Houston Chronicle reported.According to a spokeswoman from the Texas Department of Licensing and Regulation, the elevators at Crockett were to be inspected by Dec. 14. She said that they elevators at the Menger Hotel, which is owned by the same company, were also overdue for inspection.
The spokeswoman said that the elevators at both hotels were shut down until they could be examined by licensed inspectors. Apparently, all of the elevators passed inspection and were reopened, except for the service elevator involved in the accident.
The inspection into that elevator could take weeks, officials said. According to the accident victim's daughter, who also works at the Crockett Hotel, the service elevator has had problems in the past. She told the Houston Chronicle that the hotel didn't do enough to keep its workers safe.
If that is true, the hotel could face serious liability in a wrongful death lawsuit. Not only that, the Department of Licensing and Regulation spokeswoman said that the hotel could also face fines for failing to meet inspection requirements.
Source: The Houston Chronicle, "Inspection overdue at hotel with elevator fatality," John Tedesco, Dec. 30, 2011
]]>Trains are equally if not more powerful and can cause just as serious of damages in an accident. Therefore, when 18-wheelers and trains collide, the results are not pretty.
On the morning of Dec. 18, an Amtrak passenger train crashed into an 18-wheeler near the intersection of State Highway 130 and State Highway 79 in Hutto, Texas.
A spokesperson for the Department of Safety said the engineer tried to blow the whistle as it approached the intersection, but the 18-wheeler couldn't get out of the way in time.
]]> The accident left the driver of the truck, whose name was not released, in critical condition at a local hospital. Only two passengers on the train complained of injuries, but they refused treatment, officials said. One passenger said he thought the train hit a speed bump. Another passenger said people on the train flew forward.The train was carrying 211 passengers and 14 employees. Another passenger said that, for the most part, the passengers did not panic. The passengers were transported by school bus to a nearby church to wait for additional transportation, arranged by the train company.
Two companies own the track, and while they are required to complete paperwork regarding the 18-wheeler accident, the Federal Railroad Administration may not investigate. Local law enforcement will conduct an investigation.
A camera was on the train, and troopers and other authorities may be able to preclude any reason for additional investigation.
According to reports, this was only the second train accident in Texas to occur this year. However, the Federal Railroad Administration reported that it was the year's forty-first train accident involving an 18-wheeler in the United States.
Source: KXAN.com, "Amtrak train hits box truck in Hutto," Jacqueline Ingles, Dec. 18, 2011
]]>In cases where an 18-wheeler accident is caused by the negligent or wrongful acts of another party, such as the truck driver or the driver's employer, the accident victim or the victim's family can often pursue compensation for damages. This includes damages such as medical costs, lost wages, and pain and suffering.
However, sometimes accidents involving 18-wheelers are caused by other factors beyond the control of the truck driver or trucking company. These accidents can be just as tragic.
]]> As a 22-year-old Texas A&M University football player was on his way home to Jacksonville, Texas, for Christmas, he reportedly swerved to avoid a buzzard in the road and went into the oncoming lane of an 18-wheeler, hitting it head on.The accident, which left the young football player dead, occurred Thursday on Highway 39, about 115 miles south of Houston near Normangee. The young man's school is now mourning the loss of the senior offensive lineman.
According to reports, the driver of the 18-wheeler was not injured in the crash. At this point, the truck driver does not appear to be at fault. However, an investigation will likely determine if excessive speed or anything else contributed to the accident.
As you can see, a head-on collision involving a tractor-trailer can be catastrophic for the people in the other vehicle. This is why it's important that truck drivers and trucking companies take their jobs seriously and always follow rules regulating the industry.
Source: Fox News, "Texas A&M Football Player Killed in Crash With 18-Wheeler," Dec. 23, 2011
]]>The accident occurred on the morning of Dec. 16 when a structure collapsed and three workers were injured. The workers were employed by CCC Group, Inc., a San Antonio-based construction company.
At the time of the accident, the workers were on the northwest corner of the facility erecting a rebar concrete form, according to the Woodville Fire Chief. CCC Group's corporate safety director reported that all three workers fell 24 feet to the ground and were hospitalized. The company hasn't released the names of the injured workers due to federal health care privacy laws.
]]> One worker, who suffered minor injuries, was taken by ambulance to the hospital, but the other two workers were airlifted to Mercy St. Vincent Medical Center and University of Toledo Medical Center as a precaution.This was a judgment call made by the paramedics due to the location of the Woodville facility being so remote. An internal investigation of the collapse, as well as what caused it, shut down all work in that part of the construction site according the manager of the facility.
The safety of the facility is monitored by the U.S. Department of Labor's Mine Safety and Health Administration, which is also investigating the collapse. The manager of the facility is uncertain as to the cause of the collapse as well as how extent of the workers' injuries.
The safety director plans to travel to the site with project engineers to perform a separate investigation about why the collapse of the rebar occurred.
Depending on the cause of the accident, it may be possible for the workers who were injured to bring a personal injury lawsuit against their employer or the owner of the jobsite. Another option the workers likely have is a workers' compensation claim.
Source: The News-Messenger, "Feds probing accident that left 3 injured," Mark Tower, Dec. 17, 2011
]]>Although employers today are significantly more compliant with these asbestos regulations because they recognize the unsafe work environment that asbestos exposure creates, we continue to see large numbers of asbestos-related lawsuits as the effects can take years to develop.
Recently, a Texas woman and her siblings brought suit against Chevron USA alleging that their father died after being stricken as a result of asbestos exposure during his tenure with the company.
]]> According to the lawsuit, the man worked at Chevron's Port Arthur, Texas, oil refinery as a boilermaker helper and pipefitter, during which time he was exposed to asbestos dust and fibers.It is unknown how long the man worked for Chevron, but the lawsuit states that the man eventually developed asbestos-related pleural disease, lung cancer and gastric cancer, which he died from in May 2010.
The lawsuit has also accused the man's employer, Chevron, of knowing that asbestos exposure could cause cancer, but choosing to expose its workers anyway. The case is currently in the discovery stage, meaning that evidence is being gathered and exchanged.
The children of the deceased worker are seeking an unspecified amount of punitive and exemplary damages in the suit.
As we discussed last week, exposure to asbestos dust and fibers can result in serious diseases of the lungs and other organs.
Texas workers should make sure that they are not being dangerously exposed to asbestos in the workplace, as it is still commonly found at construction sites and older buildings.
Source: The Southeast Texas Record, "Discovery starts in asbestos suit against Chevron," David Yates, Dec. 19, 2011
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