The fines -- a total of $38,500 -- were tied to an inspection that occurred in December 2012. After being cited for OSHA violations last summer, SeaWorld was given until late July to follow through on mandates that OSHA had made. Those requirements dictated that animal trainers would be barred from working with killer whales unless a physical barrier was protecting the trainers or a certain amount of distance was between them and the killer whales.
]]> These requirements should have been in place by late July of last year, but SeaWorld filed a petition asking for a six-month extension because OSHA did not dictate how far away trainers would have to be. According to SeaWorld, the mandates were implemented but officials with OSHA disagreed. Attorneys representing the federal regulation agency said that safety regulation changes remained inadequate. An official with SeaWorld said that trainers who are kneeling must stay three feet away from a killer whale. Those who are standing at the edge of the pool must remain 18 inches away from the edge if a killer whale is near. Other policies have also been put into place, but OSHA is still unsatisfied, thus the recent fine.Workers in Houston, Texas, who have been exposed to the consequences of an unsafe work environment should contact a lawyer as soon as possible. If your employer is the responsible party, any severe injuries may be compensable, giving you the ability to continue living with the damage that was done to you.
Source: Click Orlando, "OSHA fines SeaWorld $38,500 for safety violation" No Author Given, Jun. 10, 2013
]]>According to national data, about 250,000 people lose their jobs to downsizing. Though downsizing is often reported as a way to cut costs for a company, it can and has been used to illegally remove employees from companies that blame a whistleblower for their legal issues. Instead of putting the blame where it belongs -- on the employer -- companies rationalize the situation and further oppress workers who were simply trying to enhance the safety of the workplace, likely to avoid unnecessary injuries and fatalities. It is not the employee's fault that the company was cited by OSHA, it is that of the company.
]]> But some people who have lost their jobs due to downsizing reported nothing to regulatory administrations and did nothing that would give a company reason enough to cut their jobs, besides saving money. Some experts suggest that downsized workers shouldn't remain discouraged for long because they are not alone, many other people have been downsized, and prospective employers will understand this. Some employees use this opportunity to reevaluate their career goals, potentially shifting gears toward another option. But if you are one of the people who has been retaliated against by your employer, speak with an attorney.Source: NWI, "Focus on the future, not the firing" Bob Moulesong, Jun. 02, 2013
]]>Many of these injuries occur early on during a temporary worker's stint at a new facility. This is why OSHA has issued a memorandum along with its new initiative. In that document, OSHA indicates what it expects in regards to safety and working conditions for temporary workers. The federal regulator has issued many citations regarding temporary workers in the past and hopes to see the number of citations decrease as the level of workplace safety for such employees increases.
]]> According to the memo, temporary employees are often exposed to the most dangerous situations at a job. They also tend to be less proficient at speaking English and receive less training and protective measures than permanent employees.Temporary workers often find their jobs through temp agencies that are often the organizations that pay them, not the host employer. Despite the temporary nature of these individuals' positions and the fact the agencies pay them, OSHA holds host employers responsible for supplying proper protective equipment and training. This means temporary workers should be treated like permanent employees.
Many employers take shortcuts when bringing a temporary worker on board, either purposefully or otherwise. This should be avoided by employers. Even though OSHA is making an effort for increased safety measures, it does not mean all employers will comply. Because of this, any worker in Texas - temporary or permanent - that is hurt on the job should speak to a lawyer about making a claim.
Source: hreonline.com, "OSHA Steps Up Temp Safety Efforts" Tom Starner, May. 28, 2013
]]>Some opponents to the appeals ruling are appalled, suggesting that employees' rights are being infringed on before they are even aware of the rights they have. According to reports, the posting requirement of the NLRA was made so employees at nonunion companies would be made aware of the rights they possess. It was also to make sure recent immigrants and young workers would have knowledge of the Act.
]]> Critics of the federal ruling note that four of the ruling court's 11 seats have gone unfilled since 2006, indicating the current bias of the present judges is one of pro-business. Opponents then point toward the many laws that require postings to notify the public, asking if they impose on anyone's rights to freedom of speech. They believe employers opposed the posting requirement because they do not want employees to know they have these rights, not because they are concerned with constitutionality.Workers that understand the rights they have under the NLRA know that they can pursue better workplace conditions, something that can contribute to the safety of people on a job site. This could eliminate the risk of a workplace accident, something that could result in the injury or death of a worker. Anyone involved in such a case--especially if it resulted in an injury or fatality--should contact an attorney. Though the NLRA posting is no longer required, it does not mean that an employee's legal rights have been diminished.
Source: New York Times, "No Right to Know Your Rights" Teresa Tritch, May. 09, 2013
]]>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.
]]> The lawsuit was filed in December 2012, accusing the RTA and TMSEL of violating ERISA. According to the claim, the two organizations had failed to maintain the guarantees listed in the employee benefit plan for retirees. Premium-free medical insurance, deductible reimbursements, and quarterly Medicare premiums were denied. According to the retirees, these things were promised in their retirement plans.But their attempts failed due to a ruling made by the U.S. Supreme Court in 1971. According to that ruling, any governmental plan is excluded from the protections provided by ERISA. So, the question was whether the plan initially provided by a privately-held company but now provided by TMSEL and the RTA would be considered governmental. In the end, criteria from the National Labor Relations Board was used and it was determined that TMSEL and the RTA are political subdivisions, agencies or instrumentalities of the United States or a single state; Louisiana, in this case. Such pursuits are complicated and seeking the help of a lawyer in such cases is a wise decision.
Source: Bloomberg BNA, "Court Cites Governmental Plan Exemption Under ERISA in Dismissing Retirees' Claims" No Author Given, May. 14, 2013
]]>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.
]]> No state agency had a say in the matter, highlighting the potential for a state occupational agency to become relevant. The aforementioned professor said that such an organization would be relevant largely due to the leniency instilled in OSHA by groups and organizations working toward pro-business regulations. He said that due to rollbacks over the past three decades, OSHA has become incapable of investigating every facility that needs it. For example, the last time that the West fertilizer plant was inspected was nearly 30 years before the recent tragedy.Regardless of the strength of OSHA and the relevancy of a state version of the agency, anyone who is seriously injured on the job should contact an attorney. A legal case may be able to help victims by paying for medical care or the income lost to recuperation time. If a workplace injury becomes fatal, loved ones may be capable of pursuing a wrongful death suit against an employer.
Source: Dallas Morning News, "Thomas McGarity: West explosion proves Texas needs a state version of OSHA" Thomas McGarity, May. 05, 2013
]]>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.
]]> Yesterday, OSHA officials announced that inspectors would begin looking for signs in workplaces that temporary workers were being mistreated. Companies are expected to ensure that temp workers are provided adequate training in a language they speak. Additionally, inspectors will look for any signs that temporary employees are being put in harm's way.Although OSHA does not have the capaticty to inspect all workplace in Texas and the rest of the country, hopefully the fact that they are emphasizing the safety and working conditions of temporary employees will prompt employers to ensure that they are following federal laws in the way they treat temp workers. Right now, there are 2.5 million temporary workers in this country. They deserve to be protected by their employers.
Source: The Center for Public Integrity, "OSHA strengthens protections for temp workers," Jim Morris, April 29, 2013
]]>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.
]]> OSHA investigated the situation and found that Metra officials based their decision to reduce the 22-year employee's hours on the fact that he had filed a complaint. Fortunately, the employee was re-hired, and OSHA ordered Metra to give him overtime pay of nearly $40,000.Fortunately in this situation, the employee came out on top. Too many employers try to cut costs by giving workers more tasks than they can possibly fit into a week. When workers have to work more than 40 hours in a week or more than eight hours in a day, however, they must be fairly compensated according to federal laws. Thankfully, OSHA exists to intervene in these situations and ensure employees are treated fairly by their employers.
Source: Chicago Tribune, "OSHA: Metra owes employee in whistleblower case," Richard Wronski, April 23, 2013
]]>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.
]]> In addition to a lack of fall protection, OSHA found the company in violation of several other safety rules. Employees who were working with nail guns did not have proper facial protection, and some workers were not even wearing hard hats. Because the company has continuously been found in violation of certain safety rules, OSHA has placed it in the Severe Violator Enforcement Program. Employers in this program can be inspected by OSHA any time the agency is concerned there may be a safety violation.As this case shows, OSHA does its best to respond not just to reports of injuries, but also to problems that could lead to injuries down the road. As OSHA continues to assert its power to hold these companies accountable, hopefully other employers will take note and ensure that their work environments meet safety standards.
Source: United States Department of Labor, "US Department of Labor's OSHA cites roofing contractor KG Framing and Construction for lack of fall protection at St. Louis job site," April 18, 2013
]]>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.
]]> Although it is likely that neither company involved in this accident wants to take responsibility for it, an OSHA investigation should reveal what went wrong to cause this fatal blowout.In the oil industry, it's no secret that work can be risky. That does not mean, however, that employers can use that as an excuse for becoming lax on safety measures. In fact, employers in particularly dangerous industries should take their workers' safety even more seriously. When they do not, serious injuries and even death can occur on their worksites. Fortunately, OSHA exists to keep employers in check.
If OSHA investigators find rule violations played a role in the injury and deaths of the men involved in this recent Texas accident, both companies involved could face substantial fines. Hopefully this will encourage them and other companies in Texas and across the country to ensure that their premises are up to safety standards.
Source: fuelfix.com, "Feds probe lethal blowout in West Texas," Zain Shauk, April 8, 2013
]]>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.
]]> Should the machine have been turned off completely if it needed to be serviced? Should someone have prevented a non-worker from being onsite? Should the injured employee have been better trained to work on the equipment? The Occupational Safety and Health Administration is investigating the workplace accident. Should investigators find any violations, the company may be fined, and the worker may be able to collect compensation.One accident like this is one too many. Although the most serious damage is done to whichever employee is physically harmed, what some employers may forget is that an accident like this can have troubling effects on other employees as well. In this case, trauma counselors were hired to talk to workers who saw the gruesome accident happen. Hopefully OSHA's investigation will help make this workplace safer for its employees.
Source: TireBusiness.com, "OSHA probing tire shredder accident," April 2, 2013
]]>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.
]]> The employee survived the explosion, but firefighters say he or she is lucky to be alive. According to the Occupational Safety and Health Administration, chlorine dioxide is extremely flammable and can easily explode in a number of warm conditions -- including sunlight. OSHA added that several common materials can also cause an explosive reaction with the chemical. Why the hospital allowed this chemical to be used for cleaning is unclear.Unfortunately, this is a case in which better employee training could have prevented a serious accident. Employees should not be exposed to risks like this, and if they must be for their work, they should be well-equipped to handle the situation. Hopefully Texas Health Presbyterian Hospital will re-evaluate its training program and safety protocols to ensure that employees and patients alike are kept out of harm's way.
Source: NBC DFW, "1 Injured in Hospital Lab Explosion: Fire Officials Say," Frank Heinz, March 25, 2013
]]>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.
]]> It's not entirely clear why OSHA spent five months investigation this recycling center, but it is certainly possible that it stems from a worker injury. Hopefully the recycling plant will learn from the citations it is now facing and make sure its workspace is safe for all employees.As we can see from this case and the several other cases we've written about in the past, when employers cut corners -- for whatever reason -- people can get hurt. Fortunately for workers, there are legal options available to seek compensation from an employer who failed to maintain safe conditions. Seeking legal advice is a good place for injured workers to start.
Source: News Center 23, "Recycling center cited by OSHA for safety violations," March 21, 2013
]]>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.
]]> According to OSHA's investigation, the poultry processing plant had 37 violations that could serious jeopardize workers' safety and health. Among those serious violations was the fact that the machinery the man fell into was not properly guarded. In fact, the investigation found that several pieces of equipment were not properly guarded. In addition to the 37 serious violations, OSHA also cited Southern Hens Inc for six less-serious violations. The company was fined $160,000 for the violations. They have 15 business days to contest the fines, pay them or ask for a meeting with OSHA's area director.Sadly, it often takes a serious accident like this one to prompt a workplace into adhering to federal safety laws. As OSHA continues to strive to hold companies accountable for their errors, hopefully companies in Texas and across the country will take the initiative to maintain a safe environment for their workers.
Source: Mississippi Business Journal, "OSHA finds 43 violations following fatality at poultry company," March 12, 2013
]]>While most OSHA violations we hear about relate directly to worker injury or an unsafe work environment, this situation was a little different. In 2007, the Federal Railroad Safety Act's whistleblower rules were moved under OSHA's jurisdiction. Since 2007, 60 percent of the 1,200 whistleblower complaints have been related to employers firing workers who have reported injuries sustained on the job. That is exactly what happened in the case of Norfolk Southern.
]]> According to OSHA, Norfolk Southern wrongfully fired three of its employees after they reported injuries that occurred at their workplaces. In the first case, a crane operator told his employer of an injury he sustained that required him to have rusted metal removed from his eye. Norfolk Southern fired him, alleging that he wasn't telling the truth. In the second case, a welder and welder's assistant sought medical attention after being involved in an accident while driving a company vehicle. Again, Norfolk Southern accused them of reporting falsehoods and fired them both. In both of these cases, OSHA investigations determined that the workers were fired primarily because they reported their injuries. Norfolk Southern has denied the ruling and plans to appeal.Unfortunately, some employers care more about maintaining a good reputation than keeping their employees safe, as this case clearly shows. However, workers have the right to report injuries they sustain at work without fearing that they will lose their jobs. Hopefully this case will encourage other employers to adhere to OSHA's rules for protecting workers.
Source: Bloomberg, "OSHA Orders $1.1 Million in Damages Against Norfolk After FRSA Complaints," Michael Bologna, March 7, 2013
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