California Employment Lawyers Blog

Our California Employment Attorneys reported in a blog earlier this month about the devastating tragedy in West Virginia, where 29 miners died after a massive mine explosion. In the shadow of these deaths and the many other preventable deaths, injuries and illnesses in the workplace that happened across the country over this past year--yesterday was proclaimed by President Obama to be Workers' Memorial Day, 2010.

Workers Memorial Day 2010, marks the 40th anniversary of Occupational Safety and Health Act of 1970, and the 39th anniversary of the creation of the National Institute for Occupational Safety and Health in the U.S. Department of Health and Human Services.

This day of observance, according to the National Institute for Occupational Safety and Health (NIOSH), is important to encourage employers, lawmakers, and the public to continually achieve better health and safety in the workplace, to prevent unnecessary disasters, and to save the valuable lives of workers around the country. The theme for this year is: "Good Jobs. Safe Jobs NOW."

According to U.S. Department of Labor, 5214 workers in this country died from occupational injuries in 2008, and every year around 49,000 deaths are attributed to work-related illnesses.

Continue reading "Safety and Health in the Workplace--Workers Memorial Day 2010" »

In a blog from earlier this week, our Southern California Labor and Employment Lawyers discussed Monday's mine explosion in West Virginia that killed at least twenty-five employees, and whether looking into last month's federal safety violations could have prevented the workers' deaths in the explosion.

According to safety inspectors, the conditions at Massey Energy Company were concluded last month to contain substantial and significant risks to the health and safety of miners before the explosion on Monday happened.

In the month of March, the U.S. Mine Safety and Health Administration reportedly cited the mine for over 50 safety violations, 37 of which Massey appealed. Administration officials reportedly cited the Upper Big Branch South Mine, operated by Massey Energy Subsidiary, Performance Coal Co., for improper ventilation of the mine dust, failing to control coal dust accumulation, improper ventilation of the highly combustible methane gas, failing to maintain proper escape ways, neglecting to protect workers from roof falls, and allowing combustible materials to build up.

Scott Simonton, Marshall University's Professor of Environmental Science and Environmental Engineering stated that these violations have the potential of being very "relevant" to the explosion on Monday.

Continue reading "Could Looking at Safety Violations Have Prevented the Massey Mine Explosion?" »

Our Santa Ana, California Labor and Employment Lawyers have been following the tragic news of the massive explosion on Monday afternoon at the Upper Big Branch South Mine, in Whitesville, West Virginia leading to the workplace death of twenty-five miners--which according to federal officials and other miners, might have been preventable.

The Massey Energy Company, owner of the Upper Big Branch Mine, has reportedly received sharp criticism and fines from regulators over its environmental and safety records. Although the cause of the explosion has not been determined, some say that a buildup of methane gas is often a cause for mine blasts. As Massey Energy's health and safety records are being questioned, so are the laws governing workers in the mining industry--to find out why this disaster was not preventable.

The New York Times reported that Kevin Stricklin, an administrator for the U.S. Mine Safety and Health Administration (MSHA), claimed that from the magnitude of this explosion, it is clear that something very wrong happened here. This explosion was the worst mining accident seen in 25 years, and that all explosions are preventable.

Four people are still missing in the mine, and rescue teams have been unable to search for the miners because the high quantities of noxious gases, that could cause another explosion. Monday's mine blast is being investigated by the MSHA.

Continue reading "Deaths of Workers in Massey Energy Mines Raise Safety Concerns" »

As California Employment and Labor Attorneys, we have been following the Jennifer Strange wrongful death lawsuit verdict, announced last week, where a Sacramento jury awarded the Strange family $16,577,118 in compensation, after Strange died within hours of participating in the station's 2007 Radio Contest.

Jennifer Strange, 28, was a mother of three children from Rancho Cordova, and died from water intoxication, after trying to win the hard-to-get Nintendo Wii video game for her children in the "Hold Your Wee for a Wii" radio station contest--where contestants competed against each other by drinking large amounts of water without urinating or vomiting.

Strange was one out of 20 contestants in the KDND-FM "The End" (107.9 FM) morning radio show contest and made it into the final round for the Nintendo Wii prize, when after swallowing nearly two gallons of water, she lost to another contestant. After coming in second place, Strange and the winner of the contest reportedly raced to the bathroom to vomit. Strange then called in sick to work, complaining of a stomachache and a headache, and was found hours later dead in her home.

The tape of the program, called "Morning Rave" on KDND-FM revealed that during the contest, the station received warnings about the potential fatal effects of this stunt, and that during the program listeners expressed concerns that drinking large amounts of water was dangerous. One DJ reportedly mentioned the 2005 death of a college student, due to water intoxication during a Chico hazing ritual. The on-air hosts reportedly laughed about the contest stating that the participants had signed waivers releasing the station for liability with the contest.

The Sacramento County Superior Court jury found the radio station KDND-FM's owner, Entercom Sacramento negligent after ignoring multiple warnings that this contest could have fatal consequences. The jury also found that by holding this contest, the DJs and the station managers acted negligently within the scope and course of their employment, and that their employee negligence for public safety harmed Strange. The parent company Entercom Communications was not found responsible, as it was the responsibility of Entercom Sacramento employees to pre-approve the contest with the legal department of the parent company--which the employees neglected to do.

Continue reading "Family Awarded $16 Million for Wrongful Death Lawsuit Against California Radio Station" »

In Southern California last week, a Los Angeles County factory employee was fatally crushed in an industrial compactor--giving the Occupational Health and Safety Administration (OSHA) great concern about the health and safety of the factory's employees.

Efren Monterroso, a 64-year old employee at the factory, was found crushed to death inside a trash compactor at the Southland factory. Investigators believe that the fatal occupational injury occured Monterroso was crushing cardboard at the factory, and ended up inside the machine when it was turned on--although the reason why Monterroso was inside the compactor when it was switched on is unknown and is under investigation. He was pronounced dead by the emergency rescue crew at the scene of the accident.

In the wake of this tragic employment fatality, questions about the safety of the machine, and the safety of workers in the factory arise. According to the California Occupational Safety and Health Act of 1973, every employer has a legal obligation to maintain and provide a safe and healthy workplace for all employees. In California, all employees have the right to work in a safe environment and not be discriminated against, or wrongfully terminated if they report safety violations. Southern California employees are protected by law, and should report safety hazards--it is illegal for an employee to be fired or retaliated against for reporting safety violations.

In a 2005 fatal occupational injury survey, conducted by the California Department of Occupational Safety and Health (Cal/OSHA), there were 38 machinery accident related deaths in California. Of these California employment fatalities, 19 workers were caught in or compressed by equipment or an object, and 6 were caught in operating equipment or machinery.

Continue reading " Southern California Worker Fatally Crushed by Cardboard Compactor" »

As Southern California Employment and Labor lawyers, we were saddened to hear that a San Diego press box staff supporter for Qualcomm Stadium died this week, after falling from the press box on Monday, three hours before the kickoff of the San Diego Chargers football game.

Walter Daniels was setting up for the game between the San Diego Chargers and the Denver Broncos, when he fell down a flight of stairs, 25-30 feet below, and landed on spectator seats and concrete. Daniels, 66, had been supporting the staff in the press box for more than 20 years, worked as an official for 42 years in amateur games around San Diego County, and served on the selection committee at The San Diego Hall of Champions.

Daniels was reportedly scheduled to have hip replacement surgery, and while walking with a cane he allegedly lost his balance and stumbled down, colliding with the seats and concrete below, sustaining a fatal personal injury. The paramedics performed CPR on Daniels, and transported him to Sharp Memorial Hospital, where he died twelve hours after the accident on Tuesday morning.

The accident delayed the opening of the game by nearly 40 minutes. In a statement by the San Diego Chargers, the team expressed great sadness at the loss of Daniels. They honored his love of working in the press box on game days, and his dedication to the job.

The California Occupational Safety and Health Act of 1973 states that in California, every employer has a legal obligation to maintain and provide a healthy and safe workplace for employees. According to the fatal occupational statistics by the California Department of Occupational Safety and Health (Cal/OSHA), there were 92 construction accident related deaths in California in 2005. Of these California employment fatalities, 59 workers died due to accidents involving falls from high elevations.

Police officials and The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), will be investigating the details of the fatal injury, and examining the current status of the stadium's workplace heath and safety to determine the cause of this accident.

If you or someone you know in Orange County or throughout Southern California has lost a loved one due to a fatal accidental in the workplace, our team of experienced California employment attorneys and professionals can help. Call us for a free consultation at 1-800-872-5925.

Chargers' Game-day Staff Worker Dies After Fall, The Los Angeles Times, October 20, 2009

Chargers' Game-day Worker Dies After Fall, Associated Press, October 20, 2009

Chargers' Worker Dies After Falling at Stadium, San Diego Union-Tribune, October 21, 2009

Fall at Qualcomm Stadium Leaves Chargers Game-day Staffer Dead, JusticeNewsFlash.com, October 22, 2009

Related Web Resources:

California Department of Industrial Relations: California Division of Occupational Safety and Health, (Cal/OSHA)

The U.S. Department of Labor's Occupational Safety and Health Administration, (OSHA)

Our Orange County, California Labor and Employment Attorneys, have been tracking the recent worker health and safety violation fines brought against CES Environmental Services, by The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).

OSHA has fined CES Environmental Services, Inc., based in Port Arthur and Houston, Texas, a total of $207,800, for 34 alleged workplace safety health and violations, after the life of worker Charles B. Sitting was claimed, due to improper handling of the hazardous chemical hydrogen sulfide.

The most serious of the violations was allegedly "willful," and responsible for $63,000 of that total fine. The violation was based around the company's failure to create a proper rescue team to immediately respond to an emergency, if a worker becomes incapacitated during chemical tank cleanings in the confined spaces of the barges. OSHA issues "willful" citations when employers show indifference or intentional disregard for employee health and safety.

The other 32 alleged charges were classified as "serious" violations, including failure to evaluate hydrogen sulfide exposures, create proper procedures for the processing of waste stream, create procedures for contamination, and train employees on the dangers associated with enclosed space entry on the barges. According to OSHA, a "serious" violation is one in which there is "substantial probability that death or serious physical harm could result from a hazard about which the employer should have known."

The final "other-than-serious" violation was given for failure to remove liquid waste regularly.

CES performs a variety of jobs that involve industrial waste processing, cleaning of tanks, and recycling oil.

Dean McDaniel, OSHA's regional administrator in Dallas, claimed that if CES Environmental Services would have followed OSHA's standards, this tragedy could have been avoided.

OSHA's Houston Office began citing penalties of $16,600 in December of last year, after Sitting's death investigation in Port Arthur. OSHA has been investigating the death of another worker from July, that happened on the Houston site.

The two plants were closed in August, after a raid by federal agencies and the police. The company is also said to be connected to a criminal investigation involving the Houston Police Department, the Environmental Protection Agency, the Texas Parks and Wildlife Department's environmental crimes unit, and the U.S. Department of Transportation.

OSHA's goal, under the Occupational Safety and Health Act of 1970, is to promote and maintain safe working conditions for all of America's workers.

At Howard Nassiri, PC, our Labor and Employment Lawyers are knowledgeable about defending health and safety violations in the workplace, in Orange County and throughout Southern California. Contact us today for a free consultation at 1-800-872-5925.

Confined Space-Related Death Leads to $207,800 Fine for Chemical Recycler, OSHA.com, October 14, 2009

OSHA Fines Waste Processor $207,800 for Deadly Accidents, Houston Chronicle, October 10, 2009

U.S. Department of Labor's OSHA Cites Chemical Recycling Company Following a Fatality at Port Arthur, Texas, Worksite, OSHA Press Release, October 9, 2009

Related Web Resources:

The U.S. Department of Labor's Occupational Safety and Health Administration, (OSHA)