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Fiesta Mart, a Likely Texas Non-Subscriber in Dallas, Texas, is Cited and Faces an Initial OSHA Penalty of $74,217 – Part 2

Oak Cliff September 2016 35 Fiesta Mart
Fiesta Mart, a Likely Texas Non-Subscriber

The location where the following work accident allegedly occurred is 10340 Denton Dr., Dallas, Texas 75220, according to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).

A Work Accident Resulting in an Amputation Injury

According to OSHA, an employee of likely Texas non-subscriber Clark Dietrich allegedly got caught in running equipment or machinery while it was in regular operation on February 21, 2020. One of the employee’s fingers was amputated as he was operating a lathe. OSHA investigators conducted an inspection after the amputation injury. Inspection number 1465587 was opened on February 24, 2020, and it was closed on April 1, 2020, with no citations or penalties alleged against the employer.

A lathe is a machine mentioned under the heading of “Machine Safeguarding,” though the guidelines have been found by safety experts to lack the type of specificity that would provide a meaningful level of protection to employees.

Employers have a duty to provide employees with a safe work environment. If the employer is a Texas non-subscriber, that company does not participate in the Texas workers’ compensation program. If an injured worker who is employed by a Texas non-subscriber believes compensation associated with the injury has been insufficient, a possible option is to hire a Texas work injury attorney and file a work injury arbitration or lawsuit to seek damages against the employer.

See Part 1 of this two-part series to learn about a Texas employer who was cited for an alleged machine guarding violation and was initially penalized by OSHA for a total of $74,217.

–Guest Contributor

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smchugh