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Houston OSHA Law Blog

Governmental plans are exempt from ERISA

  • 16
  • May
    2013

The Employee Retirement Income Security Act is an important document with a name that speaks for itself--it gives retired employees the right to a secure income. Some people in Harris, Texas, are aware of the law but few attempt to enforce it through federal court challenges. This is because it is not often necessary for groups to pursue former employers that infringe on employee rights such as this. But a recently concluded case involving a group of retired transit system employees in Louisiana sought to enforce ERISA, who failed to do so.

That group once worked for a privately-held company that operated the New Orleans transit system until the early 1980s. That company, known as New Orleans Public Service Inc., transferred this group of employees to Transit Management of Southeast Louisiana (TMSEL) Inc. after the transit system became publicly held. The Regional Transit Authority (RTA) owned the system while TMSEL operated it. Eventually, the group involved in the legal case would retire from TMSEL.

Lessons to be learned from West fertilizer plant explosion

  • 09
  • May
    2013

After the fertilizer plant catastrophe in West, Texas, many workers in Houston are likely concerned for their safety. On April 17, an explosion occurred at the plant, killing 15 people and injuring approximately 200. Such a death in the workplace has alerted many other employers and employees to the potential hazards in their own workplaces, and hopefully, this will prevent such a tragedy from happening again.

A law professor commenting on the matter suggested that the state of Texas create its own occupational safety and health agency, similar to the federal Occupational Safety and Health Administration. The need for this, the professor argues, is shown by the fact that facilities, such as the West Fertilizer Co. plant, harbor explosive chemicals that are not properly addressed. There were approximately 270 tons of ammonium nitrate on the premises where the explosion occurred and many have asked what agencies were responsible for ensuring that these chemicals were properly stored and processed.

OSHA instates rules to ensure temp workers are treated fairly

  • 30
  • April
    2013

If you have ever been a temporary worker for a company, you may have felt like you were treated differently than full-time employees. Maybe you didn't get the same attention from leadership or didn't get as much training as other employees. Unfortunately, it seems that many employers neglect their temporary workers, not only leaving them disconnected, but also sometimes putting them in harm's way.

According to the Center for Public Integrity, temporary workers are injured on the job more often than permanent employees. These incidents, however, could be easily prevented if employers treated temp workers like other employees by making sure they received adequate training and were not viewed as lesser employees. Fortunately, the Occupational Safety and Health Administration is taking a stand to protect these individuals. 

OSHA awards wrongly terminated employee back pay

  • 25
  • April
    2013

Back in early March, we wrote a post about a railroad company that was fined for firing employees who reported injuries that were sustained on the job. Today, we have a very similar situation to discuss, but this time, the Occupational Safety and Health Administration came down even harder on the negligent employer.

Almost two years ago, an employee of Metra, a commuter rail agency in Chicago, filed a complaint saying that the company was neglecting train safety by failing to give employees enough to conduct signal checks. He reported that he did not have time during his normal 40-hour workweek to make sure train signals were working correctly. He requested to be allowed to work overtime to complete this task. Soon after filing the complaint, however, he was allowed fewer and fewer overtime hours until Metra ultimately cut his position.

Roofing company cited for willfully neglecting safety protocols

  • 19
  • April
    2013

Employees in Texas and throughout the country deserve to be protected by their employers. We've written about several instances in which companies in Texas and elsewhere have received fines and citations after a worker is injured or killed on the job. While a company should certainly be held responsible for this, it would better if the safety violation had been caught before anyone was harmed. Fortunately, the Occupational Safety and Health Administration keeps an eye out of this as well.

In fact, OSHA announced yesterday that a roofing company in St. Louis was slapped with a dozen safety violations and more than $120,000 in fines for failing to protect its workers. Last year, an OSHA investigator noticed that workers who were doing construction on a commercial shopping site did not have fall arrest systems in place, and the workers that were wearing harnesses were not wearing them correctly.

OSHA investigates fatal West Texas natural gas explosion

  • 10
  • April
    2013

Neither company that has ties to a lethal natural gas blowout that occurred on Friday is speaking up about what may have caused it. The blowout, which occurred while several men were working on a maintenance rig in Ward County, caused the men to be thrown from the equipment when the rig pierced an area of pressurized natural gas. The blowout left two workers dead and three injured.

The well is owned by Andarko Petroleum Corp., and the workers involved in the tragic incident were employees of Basic Energy Services. Individuals from both companies only offered general statements about the incident, either saying that they were taking care of their employees or cooperating with Occupational Safety and Health Administration Officials.

Employee lost legs in tire shredder accident; OSHA investigates

  • 02
  • April
    2013

We all know the many hazards that exist in workplaces in Texas and throughout the country. Despite their known existence, however, some employers still do not take the necessary precautions to keep their employees safe. Unfortunately, we have yet another sad story to tell of an employee who was permanently injured in a machine accident.

The accident happened at a tire recycling plant in Kansas City. The 40-year-old worker had been on the job for about month when a friend came to visit. The worker was doing maintenance work on a tire shredding machine when his friend accidentally turned the shredder on. The employee's legs were caught in the machine, and he lost both of them. While it is certainly fortunate that he survived, we have to wonder if there is something the company could have done to prevent this tragic workplace injury from occurring.

OSHA investigates lab explosion at Plano hospital

  • 28
  • March
    2013

When employers require their employees to work with chemicals, it is important that they know what kind of reaction that chemical could have in certain conditions. After gaining an understanding of certain chemicals from government reports and other widely accepted scientific literature, they should take steps to train employees in how to handle these materials. If an employer fails to do this, employees could unknowingly end up in dangerous situations.

Unfortunately, this may have been what happened at a hospital in Plano recently. An employee of Texas Health Presbyterian Hospital suffered burns to the hands and face while working in a lab. Reports say the worker was in a basement lab when a flash fire occurred. The chlorine dioxide that the employee was cleaning with exploded.

OSHA cites Texas recycling center for amputation hazard

  • 21
  • March
    2013

Hearing about someone in Texas getting injured on the job can be nerve-wracking, and may lead some to start thinking about their own jobs. Texas workers know to exercise good judgment in their workspaces, but sometimes workplace injury is out of their control. Employers are responsible for ensuring that conditions in their workspaces are reasonably safe for employees. If they fail to do this, they could face consequences.

Today, news broke that Ecorec Rio Grande Valley, a recycling company in Edinburg, has been cited by the Occupational Safety and Health Administration for failing to maintain a safe workplace. According to OSHA, a five-month investigation determined that the company is guilty of 17 violations. Among the most severe of the violations is that Ecorec apparently failed to protect workers from amputation hazards. The recycling center will be fined $75,000 if it does not respond within 15 days.

Equipment causes death at poultry plant; OSHA finds violations

  • 15
  • March
    2013

Over the past few weeks we've posted about several serious OSHA violations. We've discussed exposure to harmful dusts and chemicals, inadequate training for workers, and violations relating to whistleblowers -- some in Texas and some elsewhere. This week, we have yet another story of an unsafe workplace to tell, this time involving unguarded equipment.

Last year, a Mississippi man was killed on the job at Southern Hens Inc., a poultry processing plant. The worker was cleaning a screw conveyor when he lost his balance and fell into it. The Occupational Safety and Health Administration responded to the incident by conducting a thorough investigation. What they found, unfortunately, was that the man's death could have been prevented.

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