Articles Posted in Industrial Accidents

Last week The Oregonian reported on the ordeal of an Albany man, a story that is both inspiring and, in some ways, troubling. The paper reports that the man, a 40-year-old machine operator at a lumber mill, was scheduled to be released from Legacy Emanuel Medical Center after nearly 10 days of treatment following an accident in which his right arm was severed while he worked on a lumber company’s processing line.

Quick action by both co-workers and doctors allowed his arm to be reattached following hours of delicate surgery. One colleague provided critical first aid. Another had the presence of mind to ensure that medics took the severed arm with them as the accident victim was transported to the hospital. Once there, according to the chief surgeon on the trauma team handling the case, the fact that the cut was, in his words, “fairly clean” made the daunting task of reattachment more achievable.

The same doctor told reporters that he expects the machine operator “to eventually regain some sensation and make at least a partial recovery,” the newspaper reports.

Last week the US Chamber of Commerce held its annual Legal Reform Summit – an event designed to scare Americans into believing that our courts are out of control. The American Association of Justice took this opportunity to set the record straight, posting an online slide show designed to educate Oregonians and other Americans about the Chamber’s excesses.

Titled “Top 10 Ways the US chamber Hurts Americans” the presentation highlights both the Chamber’s hypocrisy – its denunciation of “bailouts” even as it sought them for its largest corporate members – and the broader damage it does to the nation at large as one of the leading promoters of climate change denial.

This is an embedded Microsoft Office presentation, powered by Office Web Apps.

This week, a story from the other side of the continent turned a harsh light on an issue of great concern to us here in Oregon: propane explosions and the potential they have, as industrial accidents, to cause great damage.

According to an article from the Pennsylvania newspaper The Intelligencer, republished on the website Phillyburbs.com, the incident took place when a truck carrying a full load of 2000 gallons of propane collided with another vehicle in Tinicum, about 40 miles north of Philadelphia. Quoting local officials, the paper reports that two people were injured in the accident, a major roadway was closed and nearby residents were ordered to evacuate their homes.

“Hundreds of volunteer first responders and police set up a one-mile radius around the… propane truck, which caught fire shortly after the accident,” the paper reports.

A recent article in the Sacramento Bee is a telling reminder of the importance of workplace safety here in Oregon and of the sort of precautions businesses ought to be taking to avoid Oregon industrial accidents.

According to an Associated Press report posted on the newspaper’s website, a 60-year old man’s arm was severed by an industrial lathe while he was working at GE Aviation Systems, a company which manufactures parts for airplanes. Quoting local first responders the news agency reports that “workers were turning a piece of metal and the man’s arm somehow got caught in the lathe.”

The victim was transported to a local hospital “along with his crushed arm. It’s unclear if the arm can be reattached,” according to the report.

Last month I wrote about a criminal trial in New York considering liability for a 2008 industrial accident in Manhattan. Two construction workers died when their crane collapsed. This week, following a 10-week trial, a New York judge dismissed all four charges against the crane’s owner, who was accused of cutting corners on safety in several ways, notably by hiring “an unqualified Chinese company to make repairs to the crane because it offered a low price and quick turnaround,” according to the New York Times.

The newspaper notes that the verdict “underscored the difficulty of proving criminal liability in construction accidents, especially when the city and others are accused of mistakes in oversight and regulation that lead to fatal episodes.”

Families of the victims expressed understandable dismay when the verdict was announced. The Times, however, reports that the case is not over. “The families still have a civil suit pending,” it reports, adding that the acquittal on criminal charges “does not effect the civil case” where, as the plaintiffs attorney noted, there is a lower burden of proof.

The explosion of an oxygen tank as it was being filled left an employee of the Metro West Ambulance service in Hillsboro injured over the weekend, according to a report in The Oregonian. The newspaper quotes the victim’s father saying that the employee received first- and second-degree burns and is currently in intensive care.

According to the newspaper the victim, “a volunteer firefighter with the Scappoose Fire Department,” was on duty, but working alone when the accident took place. He “was filling oxygen tanks at the (ambulance) service’s headquarters… when a malfunctioning valve caused an explosion and fire,” the newspaper reports, citing a spokesperson for the ambulance company.

Though most of us would not think of an ambulance company as a potential site for an Oregon industrial accident this incident is a reminder that, in legal terms, industrial accidents can involve almost any sort of business.

The explosion of a mobile home in Damascus, Oregon has raised numerous questions, even as seven families struggle with its aftermath, according to The Oregonian. The newspaper reports that the families are currently being helped by the Red Cross.

Their homes were damaged after a nearby mobile home exploded for reasons that remain unclear. According to the newspaper “the blast damaged a water main that serves about 30 people who live in the mobile home development.” Investigators have ruled out a natural gas leak as the cause of the Oregon explosion, but have few answers beyond that.

“At this point, you can’t rule anything out,” a Clackamas Fire District spokesman told The Oregonian. “There are still all kinds of possibilities – and combinations of possibilities – so we don’t want to speculate.” What is certain is that the damage caused by this catastrophic accident will disrupt many lives for some time to come. The inside of the mobile home that exploded was unoccupied, but a man who was sitting on the unit’s porch was badly burned.

A lengthy piece published this week in the New York Times tells the sad story of a 2008 industrial accident in Manhattan and the chain of events leading up to it. It is a story of corners cut and the fatal consequences that followed: of an American employer desperate to lower costs, a Chinese supplier making inflated claims for its products and due diligence that was never done.

The fatal accident involved a construction crane that collapsed at a building site on New York’s Upper West Side as a result of a faulty weld on the crane’s turntable. As the Times notes, there has been much testimony at the manslaughter trial of the crane’s owner “about the failed weld… and how the Chinese company was unable to satisfactorily perform a vital weld on the turntable. But little has been said about another aspect of the company: its description of itself was largely inflated or simply not true.”

As the newspaper goes on to report, the Chinese company, RTR Bearing Company Limited, claimed to have a 10-year history of high-end industrial work around the globe and to employ 109 people in two factories and a quality control center. In fact, the company was barely six months old when first contacted by the New York firm that eventually bought its crane, and appears to have been little more than a 3rd party marketer of other Chinese manufacturers’ goods. In an affidavit in a related civil suit, the company’s founder acknowledged that RTR actually employs only seven people, none of them engineers, and “has no factory and does no manufacturing,” the paper reports.

The revelation by The Oregonian last week that Oregon’s Occupational Safety and Health Agency has levied over $26,000 in fines against Precision Castparts was a reminder of the importance of Oregon workplace safety, and of the need for both regulatory and legal vigilance as we all struggle to prevent Oregon industrial accidents.

According to the newspaper, the company was cited for “32 violations at its large parts campus in Milwaukie and Southeast Portland, raising significant safety concerns for the third time since 2008.” Citing an Oregon OSHA spokeswoman, the paper notes that some of the violations “were repeats.” The overall list of infractions focused mainly on “cleaning operations in the two plants.” The company manufacturers parts for airplane engines and industrial gas turbines. It also does work for the military.

It is good to read that none of the safety violations cited by OSHA were deemed to be “willful” on the company’s part – the most serious category. Still, the newspaper reports, “28 were serious, with nine having the potential to cause death.”

The Oregon Occupational Safety and Health Division is investigating the circumstances of a fatal Oregon workplace industrial accident late last month involving a man who fell into a chemical holding tank aboard a barge on the Willamette River, according to local TV station KOIN.

According to The Oregonian, the Portland Fire Department’s hazmat rescue team was called to the barge near Swan Island after workers realized one of their colleagues was missing and that he had last been seen standing near an open hatch aboard what the newspaper describes as “a 40-feet-by-50-feet barge filled with a toxic and corrosive chemical liquid called lignin amine…. (which) is often used to spray fruit trees.”

When rescue crews arrived they found the hatch leading to one of the barge’s tanks open and the man’s body at the bottom, the newspaper reports. The Oregonian quotes a member of the Portland Fire & Rescue team describing the tank as a “double hazard,” noting both the extremely confined space inside the tank and the hazardous materials it contained. According to the paper, the atmosphere at the bottom of the tank contained only 1% oxygen, guaranteeing that the victim would have perished within minutes of falling in. While standard safety procedures would have required wearing a life vest, the paper says it is unclear whether the victim was doing so – though granted the lack of air inside the tank it is not likely that a vest would have saved him.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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