PRINCIPAL OFFICE: DALLAS, TEXAS: (214) 670-9989 | TOLL FREE: (866) 670-9989

Employer Fined $188,000 After Grain Worker Death

Grain elevator
Image via Wikipedia

The November death of a 51-year-old grain worker in Taft, Texas has led to a $188,000 fine for the employer that failed to follow safety practices that may have prevented the accident.

Arnulfo “Ernie” Medina was sucked into a pile of sorghum in a grain elevator and died of asphyxiation on November 9 of last year. It took rescue workers more than eight hours to recover his body. He had been working for the Taft Grain & Elevator Co. for just five weeks.

The U.S. Department of Labor’s Occupational Safety and Health Administration cited the company with four willful and 16 serious violations, including failure to provide employees with a body harness and lifeline, failure to have an attendant present with rescue equipment, and failure to ensure that employees were trained in hazards associated with grain handling.

At least 26 U.S. workers were killed in grain entrapments last year. This is the highest number of grain entrapment deaths in one year since statistics were first kept in 1978.

This increase has led to an OSHA crackdown on grain operators who fail to prevent fatalities and injuries. Since 2009, OSHA has issued fines of at least $100,000 for each such incident.

“OSHA will not tolerate noncompliance with the Grain Handling Facilities standard,” said Dr. David Michaels, Assistant Secretary of Labor for OSHA. “We will continue to use our enforcement authority to the fullest extent possible.”

– Guest Contributor

Enhanced by Zemanta
Written By: author image Dean Malone
author image Dean Malone
Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.