Tag Archives: OSHA

Plant collapse results in two dead, more injured

Kansas residents likely understand the hazardous conditions of certain work environments. Falling debris and building collapses are everyday risks for some employees. Still, most workplace accidents are completely unexpected, even if the danger is known and every safety precaution is duly taken. Most employers are required to secure their workplaces to meet certain OSHA regulations; similarly, most employees are expected to take certain safety precautions to protect against any potential accidents. Accidents can still happen, though, and when a worker is injured or families members are lost in a work-related accident, they may be wonder what options for recovery are available.

An accident recently occurred at a nutrition plant located just north of Kansas in Nebraska. Tragically, two workers were killed and 10 injured as the result of the nutrition plant’s collapse. Evidence points to an explosion being the likely cause of the collapse. Panels appear to have been blown off of the building. This is based on mere photographic evidence, however, and experts anticipate that the investigation will take up to six months.

The plant had previously undergone investigation by OSHA and was cited for six violations. These violations were unrelated to the building’s structure, however. An assessor that inspected the building considered it to be of average quality and in good condition. Based on these findings and the photographic evidence, experts have come to the conclusion that a dust explosion is a possible explanation for the collapse. Contrary to the experts’ opinions, some of the surviving victims in the collapse did not believe an explosion caused the collapse, as they did not hear or see any evidence of a blast.

Even if a company is not found guilty of violating any safety requirements — and are thus not liable for the damages — workers and the families of victims can still pursue workers’ compensation for the financial difficulties they have suffered. Oftentimes, medical expenses and lost wages serve to further inflict suffering on victims and their families, making it prudent to seek out legal help in planning the best course of action to compensation and fair recovery.

Source: Omaha.com, “Evidence suggests blast caused International Nutrition accident,” Barbara Soderlin and Henry J. Cordes, Jan. 27, 2014

Tyson Foods plant in Kansas fined by government agency

Maintaining a safe working environment should be a goal of all employers in the state of Kansas. Unfortunately, some companies fail to meet this goal, prompting action by government agencies.

A Tyson Foods plant in Kansas is facing a serious fine of up to $147,000 due to a series of safe workplace violations, according to the Occupational Safety and Health Administration of the U.S. Department of Labor. The fine came after an inspection by the agency revealed the plant has violated regulations seven times over the past 10 years, including some recent willful violations.

In addition, the inspection revealed that workers were not properly trained on lockout procedures to prevent the inadvertent operation of machinery, and the plant had removed guardrails, subjecting employees to the possibility of amputation. One man had his arm cut off at the elbow when his garments became caught in a machine while at work, pulling his arm into moving gears. Approximately 150 people work at the plant and may have been put at risk of harm.

OSHA is a government agency tasked with ensuring that workplaces meet a set of safety standards. Not only are workers who are exposed to potential workplace hazards entitled to precautions such as guardrails and protective clothing, but they are also entitled to be trained on how to avoid becoming hurt in a workplace accident. They can also request OSHA to inspect their workplace, which can be made confidentially. Workers cannot face retaliation or discrimination for making such a request.

Employers must provide workers with a safe workplace. By holding employers accountable through an OSHA investigation, employees can make sure their rights are upheld and that they are not subject to an unsafe working environment.

Source: The Kansas City Star, “OSHA cites Kansas Tyson Foods plant for violations, including one that led to severed hand,” Dec. 18

Accident fatally injures Kansas worker

Kansas residents whose jobs require them to work near highways or busy streets know how hazardous their work environments can be. Constant exposure to speeding cars and other construction site perils put them in danger daily. Because of this danger, it is important for workers to know their legal rights and the options available should anything unfortunate occur on the job.

Sadly, one worker was fatally injured on the job in south-central Kansas recently. The worker, a tow-truck operator, was struck by a vehicle while securing a disabled bus to his truck. He was completing a routine job of towing a tour bus away when a westbound vehicle crushed the worker when he was standing by the trailer of the bus.

When a worker is killed or injured on the job, the company the worker represented may be liable for the damages. If a company fails to provide a safe work environment, or violates any of OSHA’s many regulations, then that company is exhibiting negligence and recklessness. Any examples of recklessness can be used by victims and their families to build a case of employer negligence, allowing them to receive workers’ compensation benefits. These benefits help cover lost wages and medical expenses that have resulted from an accident on the job.

Victims and their families who have suffered as a result of a workplace accident will likely need to review their options. Oftentimes a strong argument can be formed that can ease the burden placed on victims and their families by allowing them to receive the compensation that they are owed by negligent employers.

Source: The Topeka Capital-Journal, “Worker killed in highway hit-and-run,” Phil Anderson, Nov. 6, 2013

Kansas rig accident takes worker’s life, injures another

This blog is meant to shed light on some of the issues and obstacles Kansas workers and their families have to confront after a work-related accident. Injuries arising out of employment can lead to a workers’ compensation claim, but sometimes insurance companies and employers go to great lengths to reduce or deny compensation payments when injured workers need them most. In other cases, a party who isn’t your co-worker or employer may be responsible for the accident, or maybe a defective product caused an injury.

These issues may have to be considered in the investigation of a tragic drilling-site accident that took the life of one worker and sent another to a Wichita hospital.

According to the sheriff’s department in Trego County, a rig worker was severely injured when he was struck by a falling derrick basket. His injuries were so severe that he died at the scene.

The worker who was in the basket when it fell was also hurt, though the nature of his injuries was not reported. He had to be airlifted to a hospital for treatment.

As is routine after a fatal workplace accident, investigators from the Occupational Safety and Heath Administration were called to the scene. An OSHA spokesperson indicated that D & S Casing, based in Kansas, was involved in the investigation, but a news report does not clarify which company or companies may have employed the workers.

It is known, however, that the Oklahoma company Horizontal Well Drillers is in charge of maintaining the rig.

The man who survived the accident and the family of the man who died may be entitled to compensation in one form or another.

If Kansas residents would like to learn more about what to do after a work-related injury or death, our Kansas City work accident pages are there to help.

Source: Upstream, “One worker was killed and another injured at a drilling site in Trego County, north-west Kansas, according to reports,” Luke Johnson, June 27, 2013