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50-Year-Old David Martinez is Fatally Struck by a Forklift in Laredo TX-Pt3

Additional details about the death of David Martinez have been released by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).  The fatal work accident at Gogo Forklift Service, Inc., 5002 Riverside Drive, Laredo, TX 78041 occurred on November 12, 2021. Details from the OSHA summary follow.

An Employee is Caught in and Killed by Moving Forklift

  • An employee was monitoring a forklift on the morning of November 12th, 2021. In this capacity, the employee ran towards the moving forklift, but the forklift operator was not looking. The employee got caught in the front left wheel of the forklift. He was crushed in the abdomen and killed by the injuries he suffered.

Due to risks such as these, forklift safety is crucial in places such as Amazon, Walmart, Home Depot, and Lowe’s. These big-box employers do not likely subscribe to the Texas program of workers’ compensation insurance. They are responsible, however, the same as all employers, to ensure that employees have a safe environment to work in.

The OSHA safety standard that the employer in the above Texas workplace fatality was cited for was in regard to forklift operators. The requirements also include refresher training and evaluation, and some of the safety rules follow.

Refresher Training and Evaluation

There are various circumstances in which a forklift operator must undergo refresher training. The following are a few examples of instances when a forklift operator must be provided with the refresher course. The training must be provided when the forklift operator:

  • Has been assigned to drive a different type of truck;
  • Has been involved in an accident or a near-miss incident;
  • Has received an evaluation revealing that he or she has not been operating the vehicle safely; and
  • Is working in an area where the workplace conditions have changed in a manner that could affect the safe operation of the forklift.

See Part 1 and Part 2 of this series.

The purpose of this website is to help workers who have been seriously injured in the workplace and the relatives of employees who suffered fatal accidents on the job when the employer involved has not been a participant in the workers’ compensation program in Texas. Making accusations against people or organizations is never intended on this site.

–Guest Contributor

Written By: author image smchugh
author image smchugh