San Antonio Personal Injury Lawyer - Workplace Injuries

Death at Calaveras Lake

Beth Janicek — Mon, 02 Nov 2009 18:14:44 GMT

For the second time this year, someone working on the new CPS Energy coal plant on Calaveras Lake fell to their death.

In January, a scaffolding builder with Calaveras Power Partners, died in an accident while working at the construction site. He was working early in the morning so his fall wasn’t seen or heard by other employees. It is unknown whether or not the fall killed him immediately.

Last week, another employee died of head injuries after falling about 30 feet while building a catwalk at the JK Spruce II site. Coworkers told police that he stepped onto an unsecured portion of the walkway and it tipped causing him to lose his balance and fall. The police incident report states that he was wearing a safety harness but did not secure it to anything.

Jeff Coyle, spokesmen for the contractor, said that they have a “100 percent fall protection policy,” which requires employees working at elevated heights to be secured with two harnesses.

“Our employees are the heart and soul of this project, and it is our highest priority to ensure that every one of them returns home safely to their families at the end of each work day.”

OSHA recently revealed the preliminary top 10 most frequent workplace safety violations for 2009. The report showed that the number of top 10 violations has increased almost 30 percent over the same time period in 2008. The top 10 violations are:

1. Scaffolding – 9,093 violations: Scaffold accidents most often result from the planking or support giving way, or from the employee slipping or being struck by a falling object.
2. Fall Protection – 6,771 violations: Any time a worker is at a height of four feet or more, the worker is at risk and needs to be protected.
3. Hazard Communication – 6,378 violations: Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import and prepare labels and safety data sheets to convey the hazard information to their downstream customers.
4. Respiratory Protection – 3,803 violations: These hazards can cause cancer, lung impairment, other diseases, or death.
5. Lockout-Tag – 3,321 violations: “Lockout-Tag out” refers to the specific practices and procedures to safeguard employees from the unexpected start up of machinery and equipment, or the release of hazardous energy during service or maintenance activities.
6. Electrical (Wiring) – 3,079 violations
7. Ladders – 3,072 violations: The U.S. Department of Labor (DOL) lists falls as one of the leading causes of traumatic occupational death, accounting for 8 percent of all occupational fatalities from trauma.
8. Powered Industrial Trucks – 2,993 violations: Each year, tens of thousands of injuries related to powered industrial trucks, or forklifts, occur in U.S. workplaces.
9. Electrical (General) – 2.556 violations
10. Machine Guarding – 2,364 violations: When the operation of a machine or accidental contact injures the operator or others in the vicinity, the hazards must be eliminated or controlled.

Two deaths at this site in less than a year is unacceptable. OSHA needs to investigate to ensure the safety of all of the employees working at this location.

Originally posted at InjuryBoard by Beth Janicek

A Louisiana Crane Company Fined Over Safety Violations After Four Employee Deaths

Beth Janicek — Wed, 28 Jan 2009 13:46:07 GMT

The U.S. government wants to fine Deep South Crane and Rigging due to a crane accident that killed four employees in Houston, Texas. After an investigation that began July 18, OSHA announced that it has issued citations alleging eight violations, six of which are considered serious. These eight violations carry $71,500 in penalties, and the Louisiana based company has 15 business days to either comply, request a conference with OSHA or contest the citations and penalties.

According to a statement released by OSHA, the crane overhauled when the boom reached an unsafe angle, causing the crane to collapse backward striking workers. Mark Briggs, OSHA’s area director for its Houston South Area Office stated that the crane operator was inadequately trained, and the project superintendent did not ensure that the crane did not reach hazardous conditions. This accident is very unfortunate, because if OSHA’s regulations and industry standards had been followed, this tragedy could have been prevented.

OSHA has since responded to the many highly publicized accidents by implementing a Regional Emphasis Program on Crane Safety Standards. Under this program, construction sites are subject to inspection with regards to:

Being stuck by objects
Electrocution
Crane tip-over
Being caught in or between machinery
Falls

According to Regional Administrator Dean McDaniel, “Past inspection evidence indicates these hazards are the leading causes of accidents where cranes are used in the construction industry. This Regional Emphasis Program (REP) was established as an enforcement initiative for the inspection of cranes used in construction, with the goal of preventing serious and fatal injuries to employees working on and around cranes.” The Regional Emphasis Program applies to construction sites in Texas, Arkansas, Louisiana, Oklahoma, and select sites in New Mexico, and require that cranes be inspected prior to each and every use. A complete list of the General Crane Safety requirements (29 C.F.R. 1926.550) can be found here.

Hopefully, these requirements will help restore safety to construction sites, as well as reduce the risk of tragedies, such as this one, from occurring.

Originally posted at InjuryBoard by Beth Janicek

Pedestrian Bridge Collapse in Atlanta

Beth Janicek — Tue, 23 Dec 2008 10:00:44 GMT

The Atlanta Botanical Garden was closed last Friday because of construction that was intended to improve the park for visitors. Unfortunately, the renovations went horribly wrong when an elevated pedestrian bridge collapsed killing one construction worker and injuring at least 18 others. Contractors were on top of the “canopy walk” pouring concrete when the structure fell nearly 40 feet.

An electrical worker at the site said, “It sounded like an explosion. It was so tough. I feel very lucky. Me and my partner—we could have been under the bridge.” In a letter on the Garden’s website Executive Director, Mary Pat Matheson wrote, “We, the staff of the Atlanta Botanical Garden, are still coping with this tragedy and want to express our deepest condolences to the injured and their families. We hope they know that their well-being is our number one concern at this time, and that our thoughts and prayers are with them.”

The Occupational Safety and Health Administration (OSHA) investigated the incident and found one worker who died was wearing a harness but did not have it anchored. ‘The agency's Occupational Safety and Health Administration cited American Bridge for six safety violations and proposed a total of $90,000 in fines.”

OSHA’s role is to make sure employers are responsible for providing a safe and healthy workplace for their employees by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health so that incidents like this do not a occur and hardworking people and the innocent public are not injured. They also serve a vital role in being able to quickly investigate these type of deadly work injuries that attorneys for the injured are not allowed the immediate access to the workplace where the injury occurred.

Originally posted at InjuryBoard by Beth Janicek

First Federal Crane Regulations In Over 30 Years

Beth Janicek — Fri, 19 Sep 2008 10:42:01 GMT

A couple of weeks ago I discussed a few of the OSHA requirements for crane operations. Now it is being reported that the U.S. Department of Labor will release the first crane regulations since 1971. For example, these regulations will require certification tests for crane operators. As of now only 15 states require tests, but Texas is not one of them.

A draft of the new rules would call for uniform testing across all states to help ensure crane operators undergo the proper training and make sure they can pass basic written and practical tests. A final approval of these new regulations could take another year, but when they are passed, industry officials hope the rules will cover a majority of the 96,000 cranes across the country, including 2000 tower cranes.

Edwin G. Foulke, Jr., the assistant secretary of labor for OSHA said, the proposed rule "comprehensively addresses the hazards associated with the uses of cranes and derricks in construction, including tower cranes."

Hopefully, these new regulations will increase safety in the workplace and protect those individuals risking their life to earn a living.

Originally posted at InjuryBoard by Beth Janicek

More On Cranes

Beth Janicek — Thu, 04 Sep 2008 13:17:24 GMT

Due to the exorbitant amount of crane accidents, with Texas leading the nation in crane fatalities, the Texas Department of Insurance, Division of Workers’ Compensation is stressing safety precautions to all employees and employers. They also recommend employers to be proactive regarding more frequent crane inspections.

Requirements from the Occupational Safety and Health Administration regarding crane operation and inspections indicate that employers shall do the following:

“comply with the crane manufacturer's specifications and limitations for operating a crane;
have a competent person inspect cranes prior to and during each use to make sure they are in safe operating condition; cranes should not be operated with defective or broken apparatus;
thoroughly inspect hoisting machinery each year by a competent person or by a government or private agency recognized by the U.S. Department of Labor; and
maintain records of the dates and results of inspections for each piece of equipment.”

For more information about obtaining safety resources, visit the TDI-DWC website at http://www.tdi.state.tx.us/wc/safety/index.html, or call 1.800.687.7080. For OSHA’s safety regulations regarding cranes you can visit their website at http://www.osha.gov/SLTC/cranehoistsafety/standards.html.

Originally posted at InjuryBoard by Beth Janicek

Work Related Deaths Rise in Texas in 2007

Beth Janicek — Fri, 22 Aug 2008 17:01:01 GMT

In Texas for 2007 there were 527 work-related deaths, increasing from 489 deaths in 2006.

Transportation incidents which involve cars, trucks, trains, boats and airplanes and other airborne vehicles are the majority of the work related deaths at 192. Assault related deaths and contact with objects and equipment were close, with 86 and 85 deaths respectively. Falls account for 78 deaths, exposure to harmful substances is 66 deaths and lastly, fires and explosions are 17 deaths.

According to the U.S. Bureau of Labor Statistics:

"The number of workers killed on the job in Texas rose 8 percent in 2007 while such incidents declined nationwide."

Hispanics account for 53% of the total falls and transportation accidents in the work place - which nationally, transportation and construction are the most dangerous jobs.

Due to the increase of crane related accidents in Texas in 2008, it will be interesting to see the statistics for 2008.

Originally posted at InjuryBoard by Beth Janicek

Construction Accident and Death at New Dallas County Stadium Site

Beth Janicek — Tue, 17 Jun 2008 10:09:52 GMT

A second construction related accident at the Dallas Cowboy stadium in less than a week ended in a fatality. Timothy Mackinnon, 45 years old, of Arlington, Texas died on Saturday when he touched a high-voltage line. He was performing an electrical test when he touched the power line and became wedged between the ladder and a wall. He was carried to the ground by a co-worker who tired to revive him. Unfortunately, he was pronounced dead at the hospital. This death is the second accident in a few days -- after a crane accident sent three workers to the hospital.

Due to the numerous crane related and construction site accidents, OSHA needs to be held accountable for these terrible tragedies. OSHA has not updated their crane standards since 1971. Updating the regulations are a top priority but approving the rules could take more than a year. Cranes are supposed to be inspected once a year but unfortunately, most inspections never happen. Last year, of the country’s 4 million construction sites, only 23,000 sites were inspected. Those numbers are staggering. A Labor Department spokeswoman, Sharon Worthy stated:

“She didn't know how many of those sites had cranes, but the federal government last year issued $500,000 in annual penalties for crane violations.”

A crane company owner recently asked officials for a list of safety hazards that inspectors look for and was told the information was not public. How can this crane company know what is needed if it is not public information? In 35 other states, operators don’t even need a license of any kind.

Operating a crane is one of the most highly specialized skills on a construction site and more regulations, inspections, trainings and certifications are a must before more lives are lost.

Originally posted at InjuryBoard by Beth Janicek

Rise in Construction Accidents Prompts OSHA Investigation

Beth Janicek — Wed, 21 May 2008 18:11:43 GMT

OSHA, a federal or state agency under the Department of Labor that publishes and enforces workplace safety, is under review due to recent construction accident deaths in Las Vegas and other cities. A workforce protection subcommittee will review whether the safety standards of OSHA are acceptable and being followed. Rep. Lynn Woolsey, D-Calif, stated:

"What's happening in Las Vegas and other major cities, including New York ... there's this need to move faster'' to build quickly and meet construction deadlines. "It's taking its toll and it's killing or injuring our workers all so some big buildings can get built quickly.''

In the past 17 months, ten construction workers have died working on Las Vegas Strip projects.

"The failure to adequately protect these workers is a direct result of an agency that doesn't dedicate enough resources to inspect most job sites nor the political will to hold employers accountable when they put workers at risk,'' said Aaron Albright, committee spokesman.

Woolsey and Sen. Edward Kennedy, D-Mass., would like to see harsher penalties for employers who violate workplace safety rules. An increase in fines, making it easier for workers to appeal rulings, and making repeat workplace violations a felony punishable by up to 10 years in prison may help employers be more accountable.

An examination of OSHA accident documents related to recent construction fatalities on the Strip in Las Vegas reveal investigators found serious safety violations, but OSHA often did not follow up with aggressive enforcement. Instead, OSHA withdrew or reversed findings and/or reduced fines. The following is an example of an investigation by OSHA wherein after an informal conference with the deceased’s employer, OSHA amended the list of violations and reduced the fines against Perini:

“General laborer foreman Willie Pelayo rode a malfunctioning buggy into an elevator shaft and was killed at Trump Dec. 5, 2006. OSHA initiated a two-month long investigation and issued a report that involved extensive documentation, including photographs and a complete evaluation of the buggy. OSHA issued his employer, Perini, three violations, and then held an informal conference where an OSHA administrator, in a hand-written note, said that Perini had sacrificed safety for speed. Then OSHA issued an amended list of violations that reduced fines against Perini.”

OSHA has to be more accountable for enforcing work place accidents as to prevent the ever increasing deaths on construction sites.

Originally posted at InjuryBoard by Beth Janicek

Construction Accident Crushes Worker

Beth Janicek — Tue, 20 May 2008 10:23:43 GMT

Juan Manuel Barron of Tyler was working on a scissor lift installing drywall at the Lane’s Chapel United Methodist Church when he was crushed against a ceiling beam. A scissor lift is a type of platform which usually only moves in a vertical plane. This is achieved by folding supports in a criss-cross “X” pattern. A malfunction to the scissor lift fatally crushed the 49 year old Tyler man this morning. Barron was working for M&L Drywall of Dallas. Construction accidents are becoming more and more common at construction sites. As with most potentially dangerous devices, emergency stop buttons should be mandatory in the event a malfunction should occur.

Texas employers can subscribe to Texas worker’s compensation or opt out of it and become a non-subscriber. Approximately 44% of Texas businesses are non-subscribers. If you or your family has been injured in a work related accident and you are unsure as to whether your employer is a non subscriber, the TxComp website may be helpful.

Originally posted at InjuryBoard by Beth Janicek

Construction Accident Kills an Austin Man

Beth Janicek — Fri, 16 May 2008 18:35:30 GMT

A 40 year-old man who worked for L&O Electric, Inc. was killed this morning at the Chatsworth Products plant. He was crushed between a wall and a metal cage on the front of a fork lift. Employees administered CPR until Georgetown firefighters and Williamson County EMS arrived. Their efforts to resuscitate the man were unsuccessful and he died at the scene. The accident is being investigated.

My office handles work related accidents and if you or a family member has been injured on the job, contact my office.

Originally posted at InjuryBoard by Beth Janicek