Friday, March 31, 2023

FATAL WORKPLACE ACCIDENTS IN TEXAS

Fatal Workplace Accidents, represent unsafe working conditions and personal risks faced by workers. In 2020, there were 4,764 fatal workplace injuries in the United States.

In the last 30 days, the Dallas-Fort Worth area has seen at least four construction-related fatal accidents. These fatal workplace accidents range from accidental electrocution to structural collapses.

As a result of the economic disruptions, the number of hours worked decreased 9% in 2020. This marks the first decrease in hours worked since 2009. Hours worked in 2021 recovered 5% from 2020 levels but are still down 4% from 2019 levels.

The increased hours worked in 2021 partially accounts for a 6% increase in preventable work deaths in 2021, now totaling 4,472. The preventable death rate increased from 3.0 in 2020 to 3.1 per 100,000 workers in 2021. Since 2011, the number of preventable work deaths has increased over 14%, while the death rate per 100,000 workers has increased 3%.

Prior to 2020, contact with objects and equipment was the third leading cause of injury, and accounts for 16.7% of cases in 2020.

Contact with objects and equipment, including:

  • A moving object striking a worker
  • A worker striking against an object or equipment, including bumping into, stepping on, kicking, or being pushed or thrown onto an object
  • A part of a worker’s body being squeezed, pinched, compressed, or crushed in equipment, between shifting objects, between stationary objects, or in a wire or rope
  • A worker being struck, caught, or crushed in collapsing structure, equipment, or material
  • A worker being injured as a result of friction or pressure between the person and the source of injury
  • A worker being injured from vibration

Construction workers hit by building materials have a high fatality rate but are preventable.
According to OSHA, about 75% of “struck-by” fatalities involve heavy equipment, such as trucks or cranes. Workers in agriculture, construction and manufacturing are mostly at risk.

According to the National Safety Council, there have been about 700 workplace deaths due to these types of incidents every year for the past decade, and hundreds of thousands of injuries annually.

Since 2012, the construction industry has experienced the most deaths followed by the transportation and warehousing industry. The leading fatal event in the construction industry is falls.

Construction and extraction had the largest increase in number of incidents from 105 in 2018 to 136 in 2019 and accounted for 22% of all incidents. Building and grounds cleaning and maintenance had the largest percent increase from 2018 (16) to 2019 (46), a 188% increase.

Census of Fatal Occupational Injuries program.
In 2021, The transportation and warehousing industry had the highest number of fatalities with 182 incidents. Fatalities in the transportation and warehousing industry increased to 138 representing 26% of all fatalities in Texas, up from both 2020 (96) and 2019 (137).

The construction industry had the same number of fatalities in 2021 as 2020 with 127 incidents, representing 24% of all fatalities in Texas.

According to the Department of Labor, the construction industry continues to have the highest number of fatalities with 127 in 2021. In 2021, there were 40 natural resources and mining fatalities — 14 less than 2020 (54) and 32 less than 2019 (72).

Number of Fatalities by Industry
Texas 2019-2021

The most common location for a fatal accident is on streets or highways with a total of 241 incidents, accounting for 45% of all fatal injuries. Industrial place and premises, includes industrial yards, loading platforms, railyards, warehouses, construction sites, factories, plants, and repair shops. These locations represent 20% of all fatalities with 107 incidents.

RECENT WORK SITE ACCIDENTS


Construction Related Fatality
March 29, 2023 | FORT WORTH, TX

A construction worker was killed in an equipment accident in Fort Worth on Wednesday morning. The incident happened around 4:45 a.m. near Northeast Loop 820 and North Railhead Road in north Fort Worth, according to a police report.

Police officials said it was a "construction related accident" in which a worker got entangled with a piece of heavy equipment. The worker, who has not been identified, died at the scene.

Wednesday's incident is at least the fourth construction-related death in North Texas this month.

Fatal Electrocution
March 3, 2023 | SOUTHLAKE, TX

46-year-old Adrian Quintanilla Melgar was electrocuted while trimming trees in Southlake.

Shortly after 11 a.m. Friday, March 3, Southlake firefighters and police officers were called to a home in the 900 block of West Dove Road. When first responders arrived, they found a man unconscious and suspended by a harness in a tree.

Witnesses told first responders that the man was a landscape employee who had been trimming trees at the property when he accidentally encountered a live electrical wire.

Southlake firefighters worked quickly to reach the victim and assess his condition, but he had already passed away. Firefighters then removed him from the tree.

The Southlake Police Department said the investigation into the incident is ongoing. The victim’s name will be released once next of kin is notified.

Fatal Crane Accident
March 3, 2023 | Celina, TX

43-year-old Neny Alejandro died after a crane at an elementary school construction site fell on top of him. The Celina Fire Department (CFD) confirmed the crane collapse at the future site of Dan Christie Elementary.

Fatal Roofing Accident
March 7, 2023 | Fort Worth, TX

Omar Sandoval Rangel died after falling off a roof in the 3100 block of Northwest Centre Drive. Omar Sandoval Rangel was installing a roof and fell around 11 a.m. Tuesday while working on a construction site in the 3100 block of Northwest Centre Drive in Fort Worth.

Structure Collapse
Also this month, a worker had to be rescued after getting stuck in a drainage pipe he was working on and two other workers were hospitalized when a Stephenville church collapsed in January. March 20, 2023 | Arlington, TX

A group of people working in a garden Description automatically generated with low confidence Arlington rescue crews pulled a worker out of a pipe at a water treatment plant on Monday morning. Multiple crews were called to the Pierce-Burch Water Treatment Plant near Lake Arlington after they got calls for a trapped worker.

The worker was trapped in a 54-inch water transmission line at the facility 6-feet down. The line had been drained of water for a pipe section replacement. The City of Arlington says the workers injuries were serious, but not life-threatening.

January 19, 2023 | STEPHENVILLE, TX

Two construction workers were hospitalized after the partial building collapse of a church in Stephenville, Texas.

The incident happened at First Baptist Church in Stephenville. One of the injured workers had to be transported to a hospital by air.

Police in Stephenville, about 68 miles southwest of Fort Worth in Erath County, said the fire department responded to the collapse at First Baptist Church just before 2 p.m.

Crews observed a part of the building's arched facade had collapsed onto the front steps of the church. According to police, the exterior of the building has been undergoing construction work to replace and clean the ornamental facade.

Police said two construction workers were on an extended boom lift when they were struck by falling debris.

One of the workers was transported by air to a hospital in Fort Worth, while the other was taken to a hospital in Stephenville.

Stephenville PD reported that one of the workers has been treated and released and the other remains hospitalized with serious but not life-threatening injuries.

CONTACT MILLER WEISBROD OLESKY


The Construction Accident Attorneys at Miller Weisbrod Olesky have won several multi million dollar verdicts and settlements on behalf of construction accident victims and their families. Our record of proven results is one of the many reasons individuals choose our firm to handle their cases.

If you were seriously injured or a loved one died in a construction accident caused by a negligent contractor or subcontractor or OSHA safety violations, we encourage you to call our offices in Dallas today at 214.987.0005 or toll free at 888.987.0005 to schedule a free consultation.

contact miller weisbrod olesky, attorneys

Monday, March 20, 2023

USPS Contractor Crashes Have Killed 79 People Since 2020

USPS Contractor Crashes

For many years the United State Postal Service (USPS) has been hiring outside trucking companies to keep up with the competition of other postal delivery services. Some of these companies have a long history of unsafe driving and drivers. As a result, postal delivery contractors have been involved in 68 fatal commercial vehicle accidents in the past three years. These accidents have taken the lives of 79 people.

Over 50 trucking contractors delivering for the US Postal service have poor safety records, and under investigation, or currently on probation from the Department of Transportation (DOT).

Under pressure for years from falling revenue due to reduced volume of first-class mail while it simultaneously struggled to meet consumer demand for door-to-door package delivery, the Postal Service has slowed some deliveries and raised prices, among other cost-saving measures. It has also increasingly turned to private trucking to move mail between distribution centers.

USPS’s contracting manual’s only specific safety requirement is that trucking contractors must have a DOT safety rating that is better than “unsatisfactory.” At that rating, DOT bans a company from driving.

Recent investigative reports have found that the USPS contributed to recent fatal truck accidents by pushing for unrealistic delivery times, a lack of monitoring of DOT compliance and a failure to track serious accidents by its contractor trucking companies.


USPS Cutting-Costs

Many of the private trucking companies work exclusively for USPS, which spends about $5 billion annually on trucking contracts, making it one of the largest U.S. purchasers of shipping services. During the pandemic, the trucking industry was pummeled by a combination of rising e-commerce, a shortage of drivers and changes in the supply chain.

The postal service was forced to further stretch its network to keep packages moving. USPS spending on emergency and add-on trucking contracts more than doubled from 2019 to 2021.


Truck Driver Fatigue

The most common violation among the postal truck driver contractors were violations of DOT rules preventing truck driver fatigue by limiting how many hours truckers can drive. About 39% of trucking companies that hauled U.S. mail breaks those limits, compared with 13% of other for-hire trucking companies that were inspected during that time.

The USPS tolerated the violations and set unrealistic expectations for speedy deliveries for truck drivers that led the trucking contractors breaking the rules. Dozens of cross-country trips listed in postal contracts with deadlines that would require drivers to stay on the road longer than federal trucking safety rules allowed unless companies cut into their profits by using multiple drivers.


Safety Violations

The US Postal Service paid more than $115 million to a Tennessee-based trucking company in 2021, making it one of USPS’s largest trucking contractors. Two additional trucking companies in the group paid fines in 2017 over safety violations, including failing to ensure truck drivers complied with the 18 wheeler driving hour limits, which led DOT to put them on probation.

Between 2017 and December 2022, the trucking company was caught breaking the rules limiting truck drivers’ hours more than 200 times.


Fatal Truck Wreck – Denver 2022

In June 2022, an 18 wheeler operated by a Postal Service trucking contractor collided into a Ford Edge as the Ford slowed in traffic on Interstate 25 near Denver, killing five people including a baby. The contracted truck driver was distracted and lacked a valid commercial license. The trucking company had a history of DOT violations going back a decade of work with USPS.

Public inspection records, which cover routine checks, such as at weigh stations, and traffic stops, show the Colorado crash was at least the 16th time Contracted Commercial Truckers were caught without the necessary commercial driver’s licenses since 2017 and the second time that week.

The driver in the Colorado highway crash was charged with vehicular homicide and other crimes in December.


Limited Oversight

Large commercial shippers generally refuse to hire trucking companies with DOT’s probationary rating, called “conditional,” which is higher than unsatisfactory.

USPS’s inspector general in 2016 claims the agency employed only 18 contract officers to oversee its commercial trucking network, saying that allowed for just four hours of annual oversight work per trucking contract.


Pushing The Limit

The Postal Service requires contractors to fulfill schedules that veteran trucking company operators said would be seriously challenging considering DOT rules restricting driving hours.

Postal contractor companies sometimes try to arrange for drivers to tag-team on long trips, but relays can easily break down, for example if a driver is late to the relay point.

DOT flagged 466 Postal Service trucking contractors for high rates of violations related to driving hours which the agency uses to prioritize investigations.

The Postal Service’s own fleet, which includes mail-delivery vehicles, bigger box trucks and tractor trailers operated by its own employees, are excluded from DOT’s safety regulations. That means the overall safety of that portion of its operation cannot be evaluated using DOT’s records.


Miller Weisbrod Olesky’s Commercial Vehicle Accident Attorneys

If you were injured in an accident caused by an 18-wheeler, tractor-trailer, semi-truck, big rig, or any other commercial or municipal vehicle, we invite you to contact our offices today to schedule a free consultation with an experienced trial lawyer.

Immediate investigation and swift legal action may be necessary to protect your rights. Miller Weisbrod Olesky represents commercial vehicle accident victims across the United States. To discuss your case in a free consultation, please call our offices toll free at 888.987.0005 or contact us by e-mail today.