Guards installed on oilfield machinery are designed to protect employees from injuries. If machinery has a part, process, or function that can cause harm, it must have a safety device or some other form of protective apparatus, like fall protection gear on scaffolding. Anytime a machine is being used, its guards and other safety devices have to be in place, and they must not be removed or bypassed while the machine is in use.
When an employer fails to supply appropriate protective gear or maintain safety guards, the consequences to workers can be disastrous. Workers who are exposed to machines with missing or faulty safety devices are at an increased risk of severe injuries such as crushed hands or fingers, burn injuries, vision loss, and even amputations. If you were injured in an oilfield accident due to employer negligence, talk to a trusted Texas oilfield accident lawyer today.
Workers’ Compensation in Texas
Employees who are injured on the job site may be able to pursue financial compensation via Texas’s workers’ compensation program. In Texas, the majority of private employers are not legally compelled to carry workers’ comp insurance, though many do in order to protect themselves, their company, and their employees.
Workers’ comp provides coverage to employees who sustain an on-the-job illness or injury. These benefits typically include compensation for medical bills, partial wage reimbursement for lost wages, and help with rehabilitation or retraining to help injured employees get back to work.
OSHA Machine Guarding Standards
The Occupational Safety and Health Administration is the agency tasked with drafting guidelines for many businesses in the private sector, as well as their employees. If a job site is found to have violated OSHA standards, it can be issued a citation. In fact, almost 5% of all OSHA violations center around failing to use appropriate procedures for safety guarding or the failure to provide proper safety devices.
In Texas, employers regularly engage in negligent behaviors, such as:
- Failing to provide machine guarding: Proper guarding must be placed on equipment to protect machine operators and other workers from dangers such as sparks, flying debris, or rotating parts. Guarding could include electronic safety devices, barrier guards, and two-hand tripping devices.
- Unguarded points of operation: The point of operation, which is the area where a machine carries out its task, has to be guarded in order to keep machine operators from making contact with dangerous moving parts during use.
- Uncovered blades: Exposed blades that are at working level or located less than seven feet off the floor must be guarded, and have openings no wider than half an inch.
- Failing to attach guards to the machine: Whenever possible, guards should be securely attached to machines or, if that isn’t feasible, safely positioned elsewhere.
- Failing to anchor fixed machinery: Stationary equipment must be appropriately anchored to discourage shifting or movement during use.
Who is Liable for Injuries Caused by Machine Guarding and Safety Device Failures?
A rampant lack of properly maintained and installed safety devices means that thousands of Texas oil workers are injured on the job every year. These accidents, which are both preventable and tragic, often lead to serious injuries.
Workers who are injured on the job are entitled to pursue Texas workers’ compensation benefits to pay for their medical expenses and lost earnings. Employees have 30 days to report an on-the-job injury that requires either medical care or time off from work to their supervisor. In some instances, OSHA will have to be notified that an employer failed to provide safety gear or maintain proper guards. They may conduct an inspection of your workplace and issue citations for blatant violations. What OSHA does not do, however, is provide a private right of action for the injured worker against their employer.
An experienced Texas oilfield accident lawyer will review the circumstances surrounding your accident and ensure that you understand all available avenues for compensation.
Call Parks Law, PLLC
At Parks Law, PLLC, our Texas oilfield accident lawyers feel that every injured worker is entitled to a fair recovery. If you were injured in a workplace accident that was caused by your employer’s failure to maintain proper guards or other safety devices, our skilled attorneys are here to
help. If you have questions or would like additional information about recovering financial compensation for injuries caused by employer negligence, call Parks Law, PLLC today at (712) 979-3500 or fill out the contact form on our website. Our offices are located in Houston, but we happily assist injured clients throughout the state of Texas.