Earlier this month, state and federal authorities concluded that they were unable to determine the cause of the fire, but a lesser-known federal agency has now taken over the investigation.
]]> The relatively new federal agency known as the Chemical Safety Board is attempting to determine ways to prevent something similar from happening in the future, without necessarily looking to hold people responsible for the April 17 fire and blast that left at least 15 people dead and more than 200 injured.Nearly two weeks ago, state and federal officials said that after following more than 200 leads, they were left with three possible situations that could have caused the fertilizer plant fire that caused a massive explosion when a large amount of ammonium nitrate was ignited.
They said a faulty golf cart, an electrical system malfunction or arson could have caused the fire. Although they said they were shutting down the on-site investigation, they said the case would remain open and they would continue working to come up with an answer.
But now that the criminal investigation is over, the Chemical Safety Board will dive deeper into its own investigation.
“We’re casting a very wide net in trying to gather information that will shed light not just on what happened in [the immediate area where the fire broke out], but really what are the practices that need to be changed on a national basis," a spokesman for the CSB said.
He called the fire and explosion "the worst community damage that the Chemical Safety Board has ever seen,” and said that board's job is to make sure another incident like this doesn't happen in the future. “You simply can’t have explosions ripping through these vulnerable facilities," he said.
Source: The Dallas Morning News, "In West, investigators’ focus shifts from explosion’s cause to closing safety gaps," Reese Dunklin, May 18, 2013
]]>To help prevent workzone accidents, the Texas Department of Transportation is beginning to put down “rumble strips” on two-lane highways ahead of construction projects to help warn drivers and get them to slow down. When drivers go over the rubber pads, they feel a bounce and hear a noise.
]]> TxDOT staff members discovered the safety product at a national conference and so far the state has spent $4.3 million to buy more than 3,700 of the rumble strips. Texas will be one of the first states to use the products, which TxDOT officials believe will improve safety in work zones for both workers and motorists.According to a researcher at the Texas A&M Transportation Institute, accidents in work zones are often caused by "driver inattention and failre to control speed or driving too fast." He said the good news is that work zone accidents have been on the decline in Texas and the rest of the country over the past 10 years.
Currently, the rumble strips are only be used ahead of construction zones where lanes are closed, and TxDOT is testing them out on rural highways before taking them to urban interstates.
Drivers don't seem to like thet rumble strips very much, with some calling them a distraction that could cause people to swerve and end up in accidents. However, the TxDOT spokesperson said that "any accident in a work zone is one too many," so it is worth trying out the product to see if it saves lives.
Source: WFAA.com, "'Rumble strips' alert Texas drivers to construction zones," Jonathan Betz, May 14, 2013
]]>For most of the past decade, more than 400 workers have been killed on the job each year in Texas. Many of the fatal accidents occur as a result of fires and explosions at Texas' more than 1,300 chemical and industrial plants. In 2012, these accidents cost Texas more in property damage than similar accidents in all other states combined.
]]> While some state officials are quick to point out that accidents and fatalities are high in the state because of the large number of inherently dangerous workplaces, it appears that other states seem to manager the danger better.For example, Illinois has the second-largest number of high-risk sites in the country after Texas, but that state had less than three times the number of accidents compared to Texas, thanks to tighter fire and safety rules.
WHen asked about the recent fertilizer plant explosion in West, Texas, that killed at least 14 people and injured another 200, a professor at the University of Texas at Austin School of Law and expert on regulation blamed the state's culture.
“The Wild West approach to protecting public health and safety is what you get when you give companies too much economic freedom and not enough responsibility and accountability,” he said.
The good news is that since the April 17 fire and explosion, some state lawmakers issued a call for more workplace safety inspections in the state. Fire officials also spoke out for increased zoning regulations that require a certain distance between homes and dangerous industrial sites.
Of course, all of the calls for heightened safety regulations have been met with fierce opposition within the state.
Source: The New York Times, "After Plant Explosion, Texas Remains Wary of Regulation," Ian Urbina, May 9, 2013
]]>The data shows that 4,693 people were killed on the job in 2011. This was a slight increase from the 4,690 fatalities that were reported in 2010, but still a large drop from the 5,840 deaths that were reported in 2006. The report indicated that fatal workplace accidents are often ignored by the media; however, they leave a devastating effect on the families who lose loved ones.
]]> The report also indicated that Texas leads the nation in workplace deaths, with more than 400 deaths occurring on the job each year since 1995. However, the number of workplace fatalities actually slightly declined between 2010 and 2011, from 461 worker deaths reported in 2010 to 433 reported the following year.Even with the small decline in workplace deaths, Texas still has an extremely high fatality rate compared to other states. In fact, the report showed that it took combining 15 smaller states to account for 426 workplace deaths in 2011. California is the state with the second-highest workplace fatality rate with 390 deaths reported in 2011.
North Dakota, another state with a booming oil and gas industry, had 12.4 deaths per 100,000 workers in 2011, which was the most fatalities per capita in the United States.
The report also brought to attention the important issue of workplace-acquired diseases in illness. It said that a surprising 50,000 workers die each year as a result of occupational diseases. The AFI-CIO called on the government to impose stricter workplace safety regulations to better protect workers.
When workers are injured or killed on the job, or suffer occupational illnesses years down the road, they may be entitled to compensation from their employers. Damage awards can include compensation for past and future medical expenses, lost wages or loss of earning capacity. The families of workers who were killed may also be entitled to survivors' benefits.
Source: Houston Chronicle, "Number of workplace deaths rising in the U.S.," Dan X. McGraw, May 8, 2013
]]>According to data from the U.S. Department of Data, Texas led the nation in workplace fatalities in 2011, with a disproportionate 433 of 4,693 fatal work injuries occurring in the state. At the ceremony, a spokesman for the AFL-CIO said lax safety regulations within the construction industry and the reliance on undocumented workers in the state contribute to the high number of workplace fatalities.
]]> "Texas has a long history of exploiting undocumented workers," the AFL-CIO spokesman said. "We deny them worker's compensation with virtual impunity."Many injured workers and affected families gathered at the event and shared their stories. One Houston woman spoke about losing her husband in a construction accident near the M.D. Anderson Cancer Center in 2009. She told the audience that she continues to speak out on workplace safety with the hope that fewer families have to go through what she has been through.
Sen. Sylvia Garcia, D-Houston, gave a bilingual speech to the crowd, promising to stand with the workers and their families. A spokeswoman with the United Support & Memorial for Workplace Fatalities also addressed the crowd and said the issue of workplace safety is especially relevant at this time following the tragic West, Texas, fertilizer plant explosion.
The spokeswoman said she found comfort in assisting other families after losing her father in a 2004 oil refinery accident in Texas City. The woman and her group are working to get legislation passed that better protects workers, including the Protecting America's Workers Act, which was reintroduced recently into the U.S. Senate.
Source: Houston Chronicle, "Ceremony honors 56 Houston lives lost in workplace accidents in 2012," Ryan Rockett, April 27, 2013
]]>In fact, the report from the Bureau of Labor Statistics indicates that once a worker hits the age of 35, he or she becomes more at-risk of suffering fatal injuries on the job, no matter what kind of accident it may be. One of the reasons for this is that the older a worker is, the harder it is for the worker to recover from injuries.
]]> That means if an older worker and a younger worker sustain essentially the same injuries, the younger worker may recover from the injuries while the older worker may die as a result of the injuries.Another reason older workers are at a heightened risk of sustaining fatal workplace injuries is because it is more common for older workers to work at rural or remote job sites, such as farms, which are hard for emergency responders to get to. The longer it takes for the injured worker to receive medical assistance, the greater the likelihood that the injuries will be fatal.
A doctor with the National Institute for Occupational Safety and Health pointed out that older workers actually have fewer non-fatal injuries than their younger counterparts, because when accidents do occur they are usually more severe.
Finally, an article from AARP indicates that while major workplace accidents such as the West, Texas, plant explosion are given the most exposure, it is actually accidents like falls and trench cave-ins that claim the most lives. And these are accidents that can easily be prevented.
Source: AARP Blog, "Is your job killing you... Literally?" Tamara Lytle, May 1, 2013
]]>The death was confirmed by a spokesperson from the University of Texas Medical Branch in Galveston. The spokesperson said the worker died Saturday afternoon as the result of the critical injuries he sustained in the April 17 refinery fire.
]]> The deceased worker was one of seven contractors who were hospitalized with burn injuries after the industrial accident. Five other workers were treated and released from medical facilities. The hospital spokesperson said two workers remain in critical condition and two others are listed in fair condition.Officials are now working to uncover the cause of the fire at the ExxonMobil refinery. In a statement, a company spokesperson said the fire was caused after hydrocarbons were released from a heat exchange and then ignited. The eqiptement had reportedly been down for maintenance at the time.
It will be extremely important that officials take the investigation into their own hands as companies often have reason to hide the true cause of workplace accidents. Some companies choose to cover up the true cause of accidents becuase they fear reprimand from OSHA or personal injury lawsuits on behlaf of those who were injured or killed.
However, for the sake of the workers involved and their families, it's essential that companies be held accountable for workplace hazards and violations that lead to accidents.
Source: KWTX.com, "Worker Injured In Texas Refinery Fire Dies," April 29, 2013
]]>The fire is said to have started Wednesday morning on a shut hydrotreater heat exchanger that was undergoing planned maintenance. Firefighters were able to get the blaze under control relatively quickly, but a dozen workers were still injured, three of whom reportedly suffering severe burn injuries.
]]> According to spokeswoman for Exxon Mobile, the injured workers, who were all contract workers, were taken to hospitals in the area "for further medical evaluation and treatment." Reportedly, the injured workers had been welding on a section of the heat exchanger that caught fire.This isn't the first serious workplace accident to involve a hydroheater. In 2010, seven workers were killed when a hydrotreater exploded at Tesoro Corp's refinery in Washington. A hydrotreater helps to remove harmful substance from feedstock so that the fuels produced comply with environmental regulations.
Workers who are injured on the job are often able to file workers' compensation claims to help cover medical expenses, lost earnings and other expenses related to the accident. Sometimes, injured workers are able to sue their employers or a third party if negligence played a role in the accident.
It's important to remember that in Texas, negligence claims must be filed within two years of the date the incident occurred. In other states, including Louisiana, accident victims have even less time to file a negligence claim.
Source: Yahoo! News, "Fire at Exxon's Beaumont, Texas, refinery injures 12 workers," April 17, 2013
]]>At a recent news conference, the assistant state fire marshal compared the investigation to an "archaeological dig," and said that there was "no indication" at this point how long it would take to uncover answers. Meanwhile, many members of the community are still going without basic services such as water, electricity and natural gas. But the West mayor pro term told residents at the news conference that local officials had their backs.
]]> The community is currently planning memorials for those who lost their lives in the blast, 10 of whom were first responders to the scene. A memorial service has been scheduled for Thursday at 10,000-seat venue at Baylor University. On Sunday, the organizer of the memorial service, the Texas Line of Duty Death Task Force, read emotional statements from family members of four of the emergency responders who were killed.Many of the people who were injured in the blast have been treated and released from nearby hospitals, but for the families who lost loved ones, the pain and suffering will last a lifetime. A West woman whose brother was killed in the blast said she hasn't been able to sleep since the tragedy struck. She told a reporter that she sees her brother, who was a volunteer firefighter in the town, every time she closes her eyes.
Once the investigation is complete, it is likely that personal injury and wrongful death lawsuits will be filed against any negligent parties by the victims and their families.
Source: Los Angeles Times, "Texas explosion: Probe of blast likened to 'archaeological dig'," Rick Rojas, April 22, 2013
]]>At this point, officials are calling the explosion an industrial accident, and there have been rumors spreading that a railroad tanker carrying anhydrous ammonia, a gas used in making fertilizer, could have been at the source. Firefighters had been called to the scene after a fire erupted last night around 7:30, and the explosion occurred roughly 24 minutes later.
]]> Witnesses were able to capture video of the explosion, which can only be described as shocking. At the time the explosion occurred, firefighters, paramedics and other emergency workers were fighting the fire and attempting to evacuate residents in the nearby area. A nursing home in the area was badly damaged and 133 residents were evacuated.Unfortunately, at least 15 people are believed to be dead as a result of the fire and explosion, but rescue workers are still combing the area in hopes of finding survivors. The mayor of West, a town of 2,800 people, told reporters that the town needs "your prayers." A police official compared the destruction to that caused by a tornado.
A triage center was set up at a high school football field to treat those with minor injuries, and those with serious injuries were rushed to area hospitals. Currently, around 10 to 12 people are believed to be in critical condition as a result of their injuries.
"The injuries that we are seeing are very serious,'' said the CEO of a local hospital told USA TODAY. "There are a number of patients that will be going to surgery. ... It's a very, very unfortunate situation.''
The Associated Press reported that the fertilizer plant had been cited by the Texas Commission on Environmental Quality in 2006 for operating without a permit. The citation was made after the agency received a complaint of a strong ammonia smell coming from the plant. So far, no details have been released about the number of people who work at the plant.
Source: USA TODAY, "Teams search for survivors of deadly Texas plant blast," William M. Welch and Doug Stanglin, April 18, 2013
]]>The worker backed up the machine into a co-worker, who died at the scene. At this point, few other details on the accident have been released. However, the Houston Police Department reported that it was very dark when the accident occurred, suggesting that the job site may have been poorly lit.
]]> Investigators with the Occupational Safety and Health Administration will investigate to determine if safety regulations were breached. If it turns out that the job site was poorly lit or otherwise unsafe, the company overseeing the construction could face OSHA fines as well as a wrongful death lawsuit on behalf of the family of the worker who was killed.All too often, construction accidents in Texas are caused by safety hazards such as poor lighting, poor training or botched safety precautions. These conditions create an unsafe work environment that put construction workers at risk.
For that reason, construction workers and their families can often sue when negligence on behalf of employers leads to serious workplace accidents. Even if another worker was directly responsible for the accident, the employer can still be held liable.
However, it's important to keep in mind that negligence claims must be filed within two years of the incident in Texas. In Louisiana, injured workers only have one year from the incident to file a negligence claim.
Source: Houston Chronicle, "Houston worker killed in heavy-equipment accident," Dale Lezon, April 12, 2013
]]>Sadly, an explosion last year at a Dow Chemical plant in Deer Park, Texas, claimed the life of a 45-year-old worker.
The explosion involved an ammonia recycle unit at the plant and occurred on July 17, 2012. Now, nearly a year after the fatal workplace accident, the mother and son of the worker have filed suit against the chemical manufacturer, a subsidiary and two other employees.
]]> The lawsuit states that the deceased worker was changing a filter in the ammonia recycle when an explosion occurred and threw the man into the air and sprayed him with caustic substances. It states that the worker suffered third-degree burns in the accident to roughly 65 percent of his body. After a month of extreme pain, the worker died.The accident could have easily been avoided, the lawsuits states, because the defendants knew the filter was not in proper and safe working condition. However, the defendants chose not to repair the filter. Additionally, the lawsuit states that Dow Chemical failed to provide workers with adequate safety equipment.
The lawsuit also cites a January 2013 investigation by the federal Occupational Safety and Health Administration, which issued seven violations against Dow stemming from the accident. The plaintiffs seek damages for pain and suffering, loss of companionship, loss of inheritance and loss of earnings.
Source: Fuel Fix, "Family sues over Texas man's Dow plant death," Harry R. Weber, April 10, 2013
]]>Transocean Ltd., the owner of the drilling rig that sank as the result of the explosion has refused to comply with subpoenas from the Board for documents and testimony, arguing that the Board did not have jurisdiction over offshore oil spills. Transocean was overseeing the work as a drilling contractor at the oil well, which was owned by BP.
]]> However, the federal judge presiding over the case disagreed with Transocean and ordered that the company must honor the subpoenas from the Board. The judge concluded that legislation that created the Board did not prevent it from investigating offshore oil spills. Additionally, she noted that the investigation would center on the rig explosion instead of the ensuing oil spill.Congress has asked the Board to compare the April 2010 rig explosion to another deadly rig explosion that occurred in 2005 at a refinery in Texas City, Texas, that was also owned by BP at the time. The purpose of the investigation is to gather important information that could shed light onto the cause of the oil rig explosion so that similar catastrophes can be avoided in the future.
The Board has already released a report concluding that offshore oil and gas companies focus too closely on certain issues including individual employee injuries while bigger issues, such as the maintenance of safety equipment, are ignored. The Board's investigation could provide valuable safety knowledge for the oil and gas drilling industry.
Source: The Wall Street Journal, "Judge Says Chemical Board Can Probe Gulf Oil-Rig Explosion," Tom Fowler, April 2, 2013
]]>Recently, NPR released a story about a workplace safety expert who has studied the harmful effects fracking can have on workers. The safety expert said he originally wanted to study possible chemical hazards for oil and gas workers, which he figured would come from the workers' exposure to substances such as drilling fluids. But once on the fracking site, he saw that the true danger was the dust.
]]> Fracking sites are extremely dusty because huge amounts of sand are used in the process. In fact, a sand mixture is what is used to keep open the cracks dilled into the ground so that the oil and gas can be released. The problem is that sand is made mostly of silica, which has long been a known workplace hazard that can cause lung diseases like siliocisis and cancer.The federal government has set guidelines on how much silica workers can be exposed to, the question is, are fracking companies following these rules? The safety expert and his team traveled to 11 fracking sites in five states, including Texas. What they found was that 79 percent of the air samples collected at the sites had higher than the recommended amount of silica content.
Even though workers at all of the sites wore respirators, the safety experts said the silica concentration was so high at some of the sites that they were not enough to protect the worker. Partially because of this discovery, government officials are working to more strictly limit the amount of silica workers can be exposed to.
Unfortunately, for some workers it could be too late. Workers who suffer from illnesses caused by silica exposure may have a personal injury claim against their employers. Of course, it could be years before the damage shows up in the workers, but this research can be used as evidence that fracking can lead to lung diseases and cancer.
Source: NPR, "Sand From Fracking Could Pose Lung Disease Risk To Workers," Nell Greenfieldboyce, March 29, 2013
]]>An initial investigation concluded that the young man had been at fault for the fatal accident, because he had forgotten to tighten the fittings on the diving helmet and panicked when water started leaking in. However, his father knew that his son died because of a bigger problem.
]]> A lengthy investigation by the Coast Guard finally concluded that poor maintenance of a generator was actually to blame for the accident, and it had been destroyed as part of a cover up.It turned out that a rag was used as a filter on the generator, and it had been sucked into the compressor and burned. This caused gases to enter the young man's diving helmet and he passed out, falling face first into the water that soon entered his helmet.
The young man's father was happy that the truth had finally come out, but he wasn't about to stop there. In the wake of the accident, the Coast Guard agreed to implement a five-day training program for commercial diving investigators and inspectors, and it recommended 24 specific actions that were needed to better-regulate diving.
Unfortunately, that was as far as the Coast Guard got and new regulations have yet to be imposed. The man said after 9/11, the Coast Guard was moved from a division of the United States Department of Transportation to a division of Homeland Security and all of the work that had been accomplished was gone.
Hopefully, the Coast Guard acts before many other commercial divers senselessly lose their lives because of lack of regulation in the industry.
Source: MyNorthwest.com, "Deadly Dives - The push for commercial diving regulations," Linda Thomas, March 27, 2013
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