New Mexico OSHA Update Workplace Accidents 2013

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1 New Mexico OSHA Update Workplace Accidents 2013 Bob Genoway Bureau Chief New Mexico Occupational Health and Safety Bureau Construction Industry Joint Safety Meeting, February 2014

2 Statistical Review

3 2012 BLS Fatality Data Nationwide 4,383 fatalities in 2012; down from 4,693 in % of worker fatalities involved transportation accidents 18% of worker fatalities occurred in the construction industry New Mexico 35 fatalities in 2012; down from 52 in % (16 of 35) involved transportation accidents 26% (9 of 35) in the construction industry

4 2012 Worker Fatality Map CA (339) OR (43) AK (30) WA (64) ID (18) NV (42) UT (39) AZ (37) MT (34) WY (35) NM (35) CO (80) ND (64) SD (31) NE (48) KS (75) TX (531) OK (94) MN (70) WI (114) IA (84) MO (83) AR (63) LA (106) IL (145) MS (60) MI (127) IN (113) TN (100) AL (81) OH (154) WV (47) KY (84) GA (76) SC (62) PA (163) VA (146) FL (209) NY (196) NC (138) ME (19) VT(10) NH(13) MA(33) RI(8) CT(36) NJ(90) DE(14) MD(70) DC(11) HI (19) No change in 2012 Decreased in 2012 Increased in 2012 Sixteen states and the District of Columbia had preliminary counts showing more fatal injuries in 2012 than in Thirty-two states had fewer fatal workplace injuries in 2012 compared to Two states saw no change between the two years.

5 Top 10 Fatal Occupations 2012 National Data Logging workers Fishers and related fishing workers Aircraft pilots and flight engineers Roofers Structural iron and steel workers Refuse and recyclable material collectors Electrical power-line installers and repairers Driver/sales workers and truck drivers Farmers, ranchers, and other agricultural managers 17.4 Construction laborers Total fatal work injuries = 4, All-worker fatal injury rate =

6 NM Fatality Investigations

7 NM Fatality Investigations NM OSHA investigated 10 fatal accidents in 2013 One construction fatality 5 oil and gas fatalities 6 struck by/caught in accidents 2 electrocutions Status of 2013 investigations Citations issued in 5 of 10 cases Ongoing litigation in 4 of 5 cases with citations 21 violations found One case still under investigation

8 NM OSHA Accident Investigations in 2013

9 NM OSHA Fatal Facts Sheets NMED/OHSB Web Page: nmenv.state.nm.us Published after case has been closed.

10 Investigations in 2013 Mesa Well Service January 10 Southwest Transportation February 28 ABCWUA April 30 Battle Energy Services May 23 Wilbanks Trucking June 3 Harwood Engineering June 11 Outlaw Construction June 11 Xcel Energy June 15 5J Oilfield Services August 7 Utility Trailer Interstate December 23

11 Mesa Well Service, Jal Mario Perez, January 10 A four-person rig crew at an oil well site was pulling tubes from the well. The victim was on rig floor, guiding tubing from the well. The rig operator was lowering travel block toward rig floor and when he attempted to engage the brake, the brake handle came loose, causing the block to fall without control. The victim was struck by the block and/or elevators, knocking him from the rig to the ground 12 feet below.

12 Mesa Well Service, Jal Findings A spring clip was found to have disconnected from the pivot pin which holds the brake linkage under the rig floor. This prevented the brake from engaging, causing the accident. Because there was no OSHA standard applicable to the condition and insufficient evidence to establish a general duty violation, no citation was issued. However, a hazard alert notice was issued. Root Cause?

13 Southwest Transportation, Loving Lester Howell, February 28 A vacuum truck driver was offloading oil well process water at a tank facility. The driver of a second truck found the victim lying next to the truck s trailer deceased with severe head injuries. One of the hatch lids from the truck was located near the victim.

14 Southwest Transportation, Loving Findings It is believed the victim was on the trailer catwalk, near the hatch when pressure within the trailer mounted tank blew the lid off, striking the victim. The investigation did not result in a citation. A hazard alert notice was issued to the employer. Root Cause?

15 ABCWUA, Albuquerque Glenn Martin, April 30 On the morning of May 1, an employee was found deceased, caught between the back of his utility truck and the gate at a lift station. No citation or hazard alert notice was issued.

16 Battle Energy Services, Maljamar Damian Grimaldo, May 23 An oil well servicing crew was using a hoist truck to move a piece of equipment from one wellhead to another when the vehicle contacted an overhead power line. The victim was walking behind the truck when he was electrocuted. NM OSHA issued serious citations to multiple employers at the site. This case is currently under contest.

17 Wilbanks Trucking, Malaga June 3, David Duran An oilfield service crew was in the process of rigging down to move to a new well location. A rigger for the crane operating company was located on the rig structure floor, preparing to attach rigging to the structure. As the rigging slings were lowered, they slipped off the rig floor. The victim fell 25 feet to the ground as he attempted to keep the slings from falling.

18 Wilbanks Trucking, Malaga Findings NM OSHA determined the employer had in place adequate programs and training. The victim had been provided all necessary training, equipment and supervision designed to ensure proper use of fall protection equipment. The victim was wearing his harness and lanyard at the time of the accident but failed to tie off. Root Cause?

19 Outlaw Construction, Las Cruces Raymond Duran, June 11 An employee of a small residential construction company was standing behind his coworker while the coworker was cutting material from a ladder. The coworker finished his cut and swung his reciprocating saw back, striking the victim in the chest. No citation or hazard alert notice was issued in this case. Root Cause?

20 Harwood Engineering, Albuquerque Rodger Morris, June 11 A mechanic was performing repairs on the turntable and boom of a 35- ton crane when he was crushed between the boom and crane body. NM OSHA issued a serious citation. This case is currently under contest.

21 Xcel Energy, Carlsbad Matthew Depew, June 15 An electrical company lineman was electrocuted while attempting to restore power to a cell tower in southeast New Mexico. NM OSHA issued a citation for 7 serious violations. This case is currently under contest.

22 5J Oilfield Services, Jal Briar Scruggs, August 7 An oilfield service crew was in the process of moving a rig to a well location. A flagger for the crew was near the back of a flatbed trailer as a portion of the rig substructure was lowered to the ground. The victim was crushed between the rig substructure and back of the trailer. No citation or hazard alert notice was issued. Root Cause?

23 Utility Trailer, Albuquerque Orlando Gonzales, December 23 An employee was found unresponsive inside a semi trailer mounted tank. This investigation is ongoing.

24 NM OSHA Construction Accident Investigation Case Study: Multi-Employer Citation

25 Multi-Employer Citation At a multiemployer worksite, multiple employers may have responsibility for OSHA violations. Creating employer Correcting employer Exposing employer Controlling employer

26 The Worksite New construction - retail store in Farmington. Out-of-state general contractor had completed framing and exterior work. Roofing subcontractor hired for roofing and insulation.

27 The Worksite Mechanical equipment in interstitial space. Access hole cut by general contractor framers.

28 The Hazard General contractor created hazard by cutting hole. General contractor removed wall sheet for access to upper area.

29 The Hazard General contractor attempted to correct hazard by covering hole. GC foreman stated that a full sheet was not available so pieces were connected.

30 The Accident Roofer access to attic space to measure and install insulation. Roofing foreman entered space and fell through hole, 20 feet to concrete pad.

31 Citations (all issued as serious) General Contractor 1. Failure to identify unsafe materials ( (b)(3)) 2. Failure to provide cover with adequate support ( (i)(2)) 3. Failure to adequately secure cover ( (i)(3)) 4. Failure to provide cover with warning marking ( (i)(4)) The general contractor was cited as a creating, correcting and controlling employer Roofing Contractor 1. Failure to provide employee fall protection( (b)(1)) The roofing contractor was cited as an exposing employer

32

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