Month: June 2010

The petrochemical industry is one of the most intense industries in the world today with a tremendous capacity to affect both national and international economies in the event of a catastrophic accident. Its also one of the most hazardous industries in the world in terms of product flammability volume of processes and extreme operating conditions.

Given the fact that most refineries in the United States are more than 25 years old many still with their original fire protection systems the owners and insurers of major refineries worldwide are increasingly concerned about fire and explosion safety at todays oil and gas refineries. Oil drilling regardless of the location is a dangerous and risky enterprise. Injuries are frequent and fatalities are common.
 
Citizen watchdog groups such as the ones listed on refineryreform.org have taken an active role in making sure that refineries comply with environmental laws.  It is their view that refiners should not receive new permits if they are violating environmental laws and that communities should be given a meaningful chance to review permit applications. Some believe that refiners should support the cost of monitoring for air contaminants and that they should be responsible for the care of victims of air pollution.

Safety and health professionals working with process chemical instrumentation and metallurgical engineers try to assure that the potential physical mechanical chemical and health hazards are recognized and provisions are made for safe operating practices and appropriate protective measures. These measures may include hard hats safety glasses and goggles safety shoes hearing protection respiratory protection and protective clothing such as fire resistant clothing where required. In addition procedures should be established to assure compliance with applicable regulations and standards such as hazard communications confined space entry and process safety management.

A new U.S. Coast Guard rule which was implemented on July 17 2006 requires operators of oil and gas and sulfur operations on the Outer Continental Shelf to report all accidents that have any potential to be serious. This amends the previous requirement that only catastrophic accidents have to be reported.

Because oil refinery accidents tend to be catastrophic these safety measures cannot mitigate all of the hazards. It is the responsibility of the oil company to provide a safe working environment for employees and to assure the safety of surrounding communities.

Grossman Law Offices represents wrongful death cases such as deaths resulting in oil refinery accidents.

In this busy busy world stress is a part of everyday life. There is traffic quibbles with family and friends and all the frustration that has become so synonymous with the 21st century. However what about the un-necessary and un-warranted stress caused by your work environment? Co-workers who are abusive bosses who are abusive- all of this can be too much to handle and you know what you do not have to!

There are several types of harassment that may be encountered in the workplace. There is sexual harassment which has so many ugly faces. Then there is just plain disrespect and deplorable working conditions. Some people think they have to put up with it entertaining thoughts like “But I can’t find another job. This job pays well. Nobody else will hire me.” However they do not have to and they should not put up with this abuse. Let us talk first about your employer’s responsibility to make sure you are safe from abuse of the physical and psychological types.

Your employer has the responsibility to make sure that you are safe and comfortable in your work environment; just the same they have to make sure their customer’s are safe. Furthermore when we think of safety we usually do not think of it on terms of psychology. New research shows that psychological stress can consequently cause physical ailments. If that is not harm then I do not know what is.

Your employer has the responsibility to make sure they and no one else with their company abuses you in any manner. To that end let me explain a few examples of abuse that cause unnecessary stress.

Sexual Harassment is an insidious form of abuse that often goes un-punished. It can be repeated attempts by a person to become romantically or sexually involved even after you have made it clear you are not interested or that you do not like the suggestion the person is making.

Another form of sexual harassment is a person who has a supervisory position or another position that can fire promote or demote you  tells you if or unless you perform one sexual act or another they will: 1. fire you. 2. They will promote you. 3. They will make your stay at the company difficult or otherwise give or take something away during your career. Another less known aspect of sexual harassment is gestures or inappropriate touching that you have made clear is unwanted.

Further there is harassment from co-workers or others based on your religion race ethnicity color creed national origin gender or sexual preference. These are discriminatory remarks and are of the utmost illegality.

To conclude harassment and work place stress can be any interaction with fellow workers that is unnecessarily negative abusive or in any other way violates your rights to a safe (Remember this means psychologically too.) healthy workplace. It is no fun to dread going to work because of the unnecessary stress and torments you may face. You shouldn’t have to…

It only takes one request for another’s inappropriate behavior to cease before it becomes harassment and unnecessary stress. If you or somebody you know whether in the past or currently are in an unnecessarily stressful work environment or you  feel you are being harassed it is important that you seek legal counsel from an attorney. Only they can ensure all of your rights are protected and that you are compensated for the pain you encountered durin

When we rent from a land lord when we buy a house when we visit a business or when we go to work- these are all places we expect to be safe and healthy. But sometimes there live in these buildings mold of a degree of toxicity from an aggravation to your allergies to down right deadly. And the people who owned the buildings ignored the signs of mold infestation or failed to have their premises checked.

This can mean one or more things. It means that if you buy a house with the mold you were lied to and your safety ignored. It means your employer failed to make your work environment safe. It means the business you frequent has put your health at risk We will discuss now toxic mold and the liability of each of these real estate owners .

What is Toxic Mold? Toxic mold is a variety of molds that produce a substance known as mycotoxin. Toxic mold as well as other not so toxic molds are created in warm moist and stagnant conditions. A perfect place is a building. Stachybotrys chartarum is the most common.

If a building has mold in it it means one thing: there is a water leak somewhere. This leak can come from the plumbing or a leaky roof. This means mold is preventable or at least it can be stopped early.

What affect does mycotoxin and toxic mold have on your health? Most common are mild to moderate allergic effects. Toxic effects are skin lung and other respiratory infections. Another severe effect can be systemic fungal infection which can take years to treat.

All-in-all the affects of toxic mold on your health can be dangerous and costly resulting in hospitalization or even death. If you suspect that your illness is caused by mold it is important that you find medical attention.

Furthermore if you recently purchased a home and suspect mold it is important you find out if you purchased the home with the mold as the seller may have a liability. Also landlords are required to inspect their property to ensure it is safe and habitable. The same can be said about your place of employment and any other public place. If you suspect mold to be causing your allergies or the more severe symptoms of toxic mold it is important to see both a doctor and a qualified attorney.

Your landlord your employer the businesses you frequent and even the person you bought your house from may have a liability in your illness. A qualified attorney can help you get to the source of your medical problems and seek damages for the result of your illness.

Grossman Law Offices represents premises liability cases such as toxic mold exposure. Visit our website to contact us for a Free consultation.

According the Bureau of Labor & Statistics the number work related fatalities in Texas increased in 2005. There were 495 fatal work incidents in Texas which accounts for 13.5% of all work related fatalities in the U.S.   

Incidents are broken down by event and exposure as follow: Transportation Incidents Assaults and Violent Acts Contact with objects and equipment Falls Exposure to Harmful Substances or Environments Fires and Explosions.

 

Click on chart for a larger view!

Source for Statistics: http://www.bls.gov/ro6/SW_OSH.htm#BM_Fatality

E. Michael Grossman represents workplace injury cases and wrongful death cases in the state of Texas. Call for a FREE consultation!

Health officials are trying to find the source of a multi-state E. coli outbreak and theyre warning consumers that bagged spinach may be the source. One person has died and dozens of others have been sickened in the 10-state outbreak. The FDA is warning people not to eat bagged spinach and says washing it wont solve the problem because the bacteria is too tightly attached.

E. coli lives in the intestines of cattle and other animals and typically is linked to contamination by fecal material. It causes an estimated 73000 cases of infection including 61 deaths each year in the United States according to the federal Centers for Disease Control and Prevention.

SOURCE CNN

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Motorcycle wrecks are becoming more numerous as more people fall in love with these fast aggressive machines. While many of the accidents are caused by poor driving on the part of the cyclist there are other factors that cause these terrible accidents. In 2003 3661 motorcyclists  died in crashes which was a 4% rise from 2002. An additional 67000 were injured in motorcycle accidents.-NHTSA (National Highway Traffic Safety Administration.)

There are a myriad of causes for these accidents. Some of these accidents are caused by careless drivers of passenger vehicles and by just tragic accident for the fact motorcycles are less easy to see on the roadways.

Motorcycle fatalities are not linked to age group as definitely as passenger car accidents. In fact motorcyclist’s below the age of 20 (139 in 1999) and younger had a far fewer number of fatalities than the next age group of 20 to 29. (758 in 1999)  Of course this may be due to the lower numbers of ownership in the prior age group due to economic factors. In this same year motorcycles accounted for 2% of all vehicles registered in the US

The highest percentage of fatal accidents occurred with riders of a bike with a displacement above 749 CC. (Cubic Centimeters.) Also note that the average age of ownership of a motorcycle was over 40 in 1998 and based on data it is steeply rising every year to the point that this age group now accounts for slightly over 50% of owners.

Between 50 and 55% of crashes were caused by multiple car crashes whereas 45% were caused by single car crashes and a very small percentage was caused by hitting stationary objects.

Only 44% of cycle riders involved in fatal accidents did not wear a helmet meaning 66% of those whom did wear a helmet died invariably. While there is data suggesting the increased safety of wearing a helmet perhaps helmets are not always effective.

While the data I am quoting from seems to be slanted or mistakenly incomplete in an effort to make the fault of accidents mostly the motorcyclists fault; the data does not and cannot support this. It would be like saying drunk drivers are the only reason there are vehicle wrecks.

The fact of the matter is that fault is not always one of the motorcyclist’s. The data that could not be found was what percentage of the other drivers (cars) were intoxicated or speeding or unlicensed? How many of the “other” drivers received a citation for DUI or wreck less driving or for negligence?

The only thing we can be assured of is the fact that all accidents have variables whether a driver is at fault is important. And I feel that if that information is not present then that information becomes slanted.

Grossman Law Offices represents Texas Motorcycle Accident cases. Visit www.texasmotorcycleaccident.com for more information or to contact us for a FREE consultation.

With today’s high-pressure economy where everything needs to be instant truck drivers are put under enormous amounts of pressure oftentimes in an attempt to save time and meet quotas. You see to these big trucking companies time is money. And sometimes money can be worth breaking a few rules. And a few broken rules may damage or take a few lives.

According to the National Center for Statistics and Analysis thousands of motorists are killed each year by large trucks — those weighing more than 10000 pounds. 18-wheelers semi-trucks tractor-trailers and semis fall into this category.

In 2003 alone large trucks accounted for 8 percent of all vehicles involved in fatal crashes and 4 percent of all vehicles involved in injury and property-damage-only crashes.

Some of the most common causes of trucking accidents are:

• Tire Failure
• Speeding
• Sleepy drivers
• Fatigue caused by strenuous schedules imposed by trucking companies
• Brake failure brake over-heating
• Faulty mechanical components
• Poor safety and road-worthiness tests performed on the trucks.

New regulations require that truckers drive no more than 18 hours a day and require time in the sleeping compartment be logged. Of course this doesn’t mean that they always follow these laws. Drivers are often asked to work beyond these hours and silently told… or out-right told through the companies’ stipulation of speed and quick transport:

“This load needs to be there by ‘X’ day or there will be consequences.”

Other than driver error often it is the actual rig that malfunctions or fails causing 18 wheeler accidents. Some examples of potential failures are brake failure or malfunction faulty mechanical components and disproportioned loads.

All of these things make these 18 wheelers a potential danger on our roadways. However they can be avoided in many cases if the trucking companies would enforce proper methods and procedures for safe trucking.  This may slightly impact the bottom line of the trucking companies but in the long run would save many lives.  And after all who can put a value on life!

Grossman Law Offices represents 18 wheeler accidents in Texas.  Visit www.texas18wheeleraccident.com for more information.

Every year in the U.S. an estimated 100000-plus pedestrians are involved in accidents.  More than half of these result in death and of those about half occur between 3:00 and 4:00 p.m during typical rush hour traffic.

Just this week here in the Dallas area a Fort Worth man was killed trying to cross busy Interstate 35E! 

FORT WORTH Texas — A Fort Worth man was killed overnight trying to cross Interstate 35E in downtown Dallas.

Victor Gonzales 29 died at about 1:30 a.m. Monday when a car headed southbound on I-35E ran into him at Oak Lawn Avenue.

Dallas police are investigating the accident.

The majority of deaths and injuries incurred in these tragic accidents are due to a negligent or careless driver. 

If you or a family member/loved one has been affected by a pedestrian accident you have the right to pursue a legal claim to be compensated for your losses and suffering.  Depending on the circumstances of your situation a claim can be made against any at-fault party or their insurance company. 

Grossman Law Offices represent pedestrian accident cases.  Give us a call for a free consultation.

In recent news Manuel Gutierrez an employee of Victoria-based Sendero Power Line Construction was shocked with 7200 volts of electricity while working on Texas 16 south of Tilden Wednesday morning in McMullen County.

SOURCE of article with full details:

Electrician injured in power line accident
Web Posted: 08/30/2006 12:08 PM CDT
Alexandra Berzon
Express-News Staff Writer

Grossman Law Offices represents workplace injury cases such as electrocutions on the job.  Call for a free consultation.

Hit-and-runs incidents are a growing concern that is injuring and killing North Texans each day in the Dallas/Ft. Worth area.  In Fort Worth there are approximately 15 incidents a day according to the police. In Dallas the numbers are even greater.

See:

Hit-and-run highlights North Texas danger
06:20 PM CDT on Wednesday August 30 2006
By STEVE STOLER / WFAA-TV

 

This year more than 1000 Americans have been killed in hit-and-run crashes. Almost 70000 people have also been injured.  Additionally statistics state that four people will die from a hit-and-run a day.

Michael Grossman represents hit-and-run cases in the Dallas / Fort Worth area.  Vistit our website and contact us for a free consultation.