OSHA: Safety Violations Caused Fatal Accident at Concrete Plant
A construction accident attorney provides the details
A concrete products manufacturer and distributor is facing more than $100,000 in fines following a worker's death.
Mississippi Limestone Corp., of Friars Point, has been assessed $118,000 in penalties by the Occupational Safety And Health Administration (OSHA). The fines stem from an investigation triggered by a fatal April 2021 incident at a Tennessee plant.
OSHA claims that Mississippi Limestone's failure to follow federal workplace standards led to the death of a 67-year-old worker. The victim was attempting to fix a rock hopper of a mobile concrete plant when he became engulfed in rock, OSHA alleges.
"Mississippi Limestone's failure to comply with safety and health requirements exposed workers to life-threatening hazards that led to the loss of a man's life," OSHA Area Director William Cochran said. "Putting workers' safety and health in jeopardy should never be an option. OSHA will hold employers accountable and ensure they meet their legal obligation to protect workers on the job."
Alleged Mississippi Limestone Violations
The violations that allegedly led to the Mississippi Limestone worker's death are numerous, according to OSHA. In a letter to the company, OSHA cites 9 "serious" or "willful" violations that may have exposed employees to heightened risks of injury due to falls, asphyxiation, amputation, crushing, or ejection. The alleged violations include:
- Lack of proper employee energy control education. In general, an ECP is a plan to ensure a dangerous piece of equipment is completely off and cut from a power source before maintenance or other work.
- Failure to install a railing system on stairs with five risers with a width of 36 inches.
- In-use defective or in-need-of-repair industrial trucks.
- Lack of assurance every company industrial truck driver is competent to operate such equipment safely.
- The employer used a wire mesh pallet basket to lift or elevate workers using a forklift.
- No written, established permit space program, which would restrict which employees can enter potentially dangerous areas like a plant hopper.
- The employer did not protect employees working on a 17-foot-high plant hopper from fall hazards.
Mississippi Limestone has the right to appeal the allegations and penalties.
Tabor Law Firm fights for injured construction workers
No one should have to worry about dying on the job due to safety violations, but it happens far too often. When companies attempt to cut corners or otherwise fail to meet safety standards, a construction worker can suffer severe and sometimes fatal injuries.
In Mississippi, injured construction workers who were hurt on the job can apply for workers' compensation benefits to pay for all reasonable and necessary medical treatment. Construction injuries are often severe, and medical treatment can cover a wide range (e.g., hospitalization, surgery, follow-up doctor appointments, physical therapy, etc.). Injured construction workers may also be able to collect a portion of their wages while they can't work.
The problem is navigating the workers' compensation system in Mississippi can be challenging, and a lot of injured construction workers run into obstacles along the way that cause them to miss out on the benefits they need and deserve. In some cases, an injured worker may also be able to pursue a personal injury claim against a negligent third-party, such as an independent contractor. The key is to talk to a lawyer as soon as possible to learn your legal rights and options.
At Tabor Law Firm, P.A., our attorneys can help you throughout every step in the process. Our law firm is based in Ridgeland and proudly serves injured workers throughout Mississippi. We're known for our professionalism and for providing personalized attention to clients. When we take your case, we will explore all potential sources of compensation and fight for every dollar you're entitled to.
To see how we can help you, contact us today for a free consultation with an experienced Mississippi construction accident lawyer.