One Company. Many Deaths. Not on SVEP.

I have a feeling this 2008 report will come back up. "OSHA’s history with Patterson-UTI Drilling Company, one of the worst violators ......................Since 2003, 13 workers have
been killed at Patterson jobsites in the state of Texas alone."

http://www.philaposh.org/pdf/2008KennedyReport.pdf

Patterson UTI is not on the current SVEP list.

"On June 18, 2010, OSHA instituted the Severe Violator Enforcement Program (SVEP) to more effectively focus enforcement efforts on recalcitrant employers"  https://www.osha.gov/dep/enforcement/svep_white_paper.pdf

So how many have died since 2003? The OIS is not matching Senator Kennedy's data.

Here is what I found on OIS for patterson deaths.
303675565 02/12/2001 0830500 CO Accident Partial 2999 Patterson Drilling Company
110039393 04/16/2001 0636900 TX Accident Partial 1381 213111 1 Patterson Drilling Company Lp
303405427 05/30/2001 0653510 NM Accident Partial 1381 213111 1 Patterson Uti Drilling Company
304508039 05/29/2002 0626600 TX Accident Partial 1382 1 Patterson Uti Drilling
306204256 11/25/2003 0636900 TX Accident Partial 1381 213111 Patterson Uti Drilling Co.
306207366 07/29/2004 0636900 TX Accident Partial 1381 213111 1 Patterson Drilling - Uti Rig #99
310223805 08/30/2006 0627400 TX Accident Partial 1381 213111 Patterson Uti Drilling Company, Lp
313619629 05/05/2010 0627510 TX Accident Partial 1381 213111 2 Patterson - Uti Drilling Company, Lp
314160847 01/14/2011 0317700 PA Accident Complete 1381 213111 1 Patterson Uti Drilling Co Llc
315510123 07/11/2011 0653510 NM Accident Complete 1381 213111 1 Patterson Uti Drilling Company
190392.015 01/30/2012 0830300 ND Accident Partial 213111 1 Patterson Uti

Here is Senator Kennedy's total's from the report.
In November 2003, a worker was killed – and several others were “exposed to potential injury and/or death”– after being struck by a heavy piece of machinery at a jobsite in Midland, Texas of Patterson-UTI Drilling Company, which is headquartered in Snyder TX. The Inspector issued three serious citations and assessed $21,000 in penalties. However, after the employer contested the citations, OSHA supervisors settled the case by deleting three of the four violations and reducing total penalties to $7,000, a cut of 66%.
The employer was designated as an EEP target, but no followup inspections were conducted at the
Midland jobsite or other Patterson jobsites in Texas between this inspection at the February fatality in Sundown.
Just three weeks later, another worker was killed at a Patterson jobsite in Ponder, TX. No penalties were issued by the inspector.
On January 16, 2004, a worker was killed at a Patterson jobsite in Canadian, TX. The inspector issued a serious citation and penalties of $4,900. After Patterson contested the violations, however, OSHA dropped the citations and penalties completely.
In February 2004, a worker was killed at a Patterson jobsite in Sundown, Texas. The inspector noted that “employees … were exposed to hazards associated with falls from heights of approximately 90 feet and resultant bodily impact with objects located at ground level, created by the improper installation of the Geronimo escape device.” The inspector issued five serious violations and assessed $13,500 in penalties.
Again, the company contested the citations and OSHA settled the case, reducing the total penalties to $8,500, a 37% cut.
The employer was again targeted under the EEP program, but no EEP followup inspections were
conducted either at the Sundown jobsite or other Patterson jobsites in Texas between this inspection and the July fatality in Rhome. OSHA conducted a planned inspection at a site in Wellman, TX in April, but OSHA records show no connection to EEP.
In July 2004, a worker was killed at a Patterson jobsite in Rhome, Texas. The inspector assessed $5,000 in penalties, which OSHA reduced to $4,000 in a settlement after the company contested the citations.
On April 20, 2005, a worker was killed at a Patterson jobsite in Decatur, Texas. The inspector issued two repeat and one serious citations and assessed total penalties of $75,000. However, in settling the case, OSHA supervisors deleted one serious and one repeat citation and cut total penalties by 54% to $35,000. Patterson was cited for identical safety violations in a August 2004 fatality in Oklahoma.
In January 2006, a worker was electrocuted and killed at a Patterson jobsite in Pierce, Texas. The inspector issued five serious citations and assessed penalties of $25,000. Again, Patterson contested the citations, and again in a formal settlement OSHA massively cut total penalties by 80% to $5,000. Patterson was cited for an identical safety violations in a November 2005 fatality in Colorado.
The employer was again targeted under the EEP program. OSHA records show that a programmed
inspection (not a followup through EEP) was conducted a few days after the fatality. It is unclear whether this inspection was part of the fatality investigation, or a separate programmed inspection. After this inspection, the inspector issued nine serious and two repeat violations and assessed $85,000 in penalties.
The company again contested the citations, and again OSHA massively cut the inspector’s penalties, deleting both repeat citations, one serious citation, and cutting total penalties 82% to $15,000.
In June 2006, a worker was killed and another seriously injured at a Patterson jobsite in Zapata, TX. The employee was killed by pressurized mud and gas ejected from a pipe. The inspector issued five serious citations, two repeat citations, and two other than serious citations and assessed total penalties of $35,500.
Again, Patterson contested the citations, and again OSHA supervisors reduced the penalties in a formal settlement by 72% to $10,000 and deleted one serious and one repeat citations. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145).
In July 2006, two workers were killed at a Patterson jobsite in Kermit, TX from fatal falls. The inspector issued three serious and six other than serious citations and assessed total penalties of $8,000. Again, Patterson
contested the citations, and again OSHA supervisors reduced the penalties in a formal settlement to $2,250, a 72% cut. OSHA also deleted one serious and four other than serious citations. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145).
On August 30, another worker was killed at the Kermit TX Patterson jobsite when a manlift machine caught the leg of the worker and ran over him. No safety penalties were assessed. The next day, a worker was killed at another Patterson jobsite in Zapata TX. The inspector issued seven serious
citations, two repeat citations and seven other-than-serious citation and assessed $57,500 in fines. In the repeat citation, the inspector notes that workers were “exposed to a fall hazard due to the improper installation of the Geronimo emergency escape device” and that this exact violation was previously cited “on 08/11/2004.” Patterson had also been previously cited for identical safety violations in the June 2006 and February 2004 fatality investigations.
The company contested the citations, and OSHA supervisors have agreed to reduce the penalties on some violations by 35%. The contest of the largest penalty amounts – including the repeat citations – has been pending for more than a year. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145)
In April 2007, a worker was killed at a Patterson jobsite in Floydada, Texas. The inspector reported that the employer, in repairing broken drill machinery, ordered too few men to work on moving a large piece of equipment. As a result, the men lost control of the equipment and the victim was pulled into operating machinery. “The victim was cut into two pieces and was pronounced dead by the justice of the peace.” Patterson was cited for identical safety violations in the June, July and August 2006 fatality investigations. The inspector issued two serious citations and two repeat citations and assessed total penalties of $23,083. Again, Patterson contested the citations, and again OSHA reduced the penalties in a formal settlement by 49% to $11,792. OSHA also deleted one of the serious citations. The employer was again targeted under the EEP program, but no followup inspection was conducted.

I got to train 33 people and 6 companies in lockout today in two sessions.

I think people teach it wrong. Too much focus is on the standard and word slides vs. giving them problems to solve or showing how good companies lockout. The adults like working backwards from an accident and seeing how it is a fine line from lockout and machine guarding. I think some of these amputations are a catalyst for bankruptcies. Between the comp cost to reattach fingers, future insurance cost increases, and third party lawsuits, many companies cease operation. And the fully guarded lathe always gets them talking.

The employer will counter with six predictable defenses.

The CSHO must prove the elements of a violation. 

- A standard is applicable

- The Employee exposure is within 6 months or on going

- The Hazard can cause death of serious physical harm 

and - the employer had knowledge of the condition

The  employer will counter with six predictable defenses.

1. The employee was exposed and the employer had no reason to believe that the exposure would occur. A photo of the hazard is one step. The other is the interview or proof that the employer know that the employee would be near the hazard. This can be done via an interview, signed statement or deposition. Many fatalities have this defense come up. I call it the head in the sand defense. 

2. The employee violated the safety rule and exposed himself to a hazard. This requires the CSHO to get proof of the employer's written safety rule, proof the that training in the rule took place, the past audits, and the employer's discipline program. Very common with the employee not wearing PPE.

3. The violation just occurred unknownst to the employer. This requires the CSHO to get proof of the conditions' duration via interviews. Very common on fall protection citations. Someone guard took off the cover or guardrails. 

4. The employer was in the midst of getting the hazard fixed. Again interviews are necessary to establish what the employer knew of the hazards and a timeline of the action to fix the hazard. Common in trenching and and housekeeping. 

5. The abatement will create a hazard equal or greater than the cited condition. This is requires the CSHO to know how long it would take to to fix the cited condition and whether there is a longer employee exposure to the condition. Used on roofs by Dish TV installers.

6. The condition is impossible to fix. I see this come up where there is no OSHA anchorage for the employee to tie off onto and certain machine guarding issues. 

Is Packaging Corporation the most unsafe place to work in the USA?

 "five people have been killed in industrial accidents since 2008"

"Past explosions arising from similar hazards by this employer have led to tragic incidents," Robert Bonack, OSHA's Appleton-area director, said in a statement. "

No indication if put on the SVEP list. Maybe OSHA should list the top 10 companies with the most deaths since 2000.

Here is the OSHA Press Release

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=24729

August 2013 OSHA News Summary

Here is the news for August. I email this out with a ppt at the end of every month. I will try to post this the first weekend after I send it out. The Ppts are on my slideshare. If you want to get the email, just let me know at johnanewquist@gmail.com.  

Date: Fri, 30 Aug 2013 12:37:08 -0500
Subject: It is September and have an NFPA 70E update


This month powerpoint is pdf on the proposed 2015 NFPA 70E changes. I thought it very informative when I went to the NFPA National Conference. It will affect many in general industry and construction. Arc Flash training is popular topic so I recommend all maintenance workers get training on the topic. 



I went to the Farm Progress show and worked the Grain Safety Coalition booth for one day. I made a Safe or Not Safe Handout for the young farmers, I included a copy for you. I am glad to meet several companies that have tackled the sweep auger issue and bin entry. This placard is used by the Grain Safety coalition and many companies. http://www.dol.gov/_sec/newsletter/images/20130620-stop-full.jpg



I am up to 83 trained in the OSHA 10 hour course for General Industry in 2013 with a whopping 30 trained this month! Thanks to all that responded. September looks good for several more. Nonprofits, unions, and municipalities are free until I reach 100.  



Stay cool in the heat wave!



John Newquist

1) Here is a good hazard recognition ppt for suspended scaffolding from NY.  http://www.nyc.gov/html/dob/downloads/ppt/safe_scaffold_operations.pdf I am finding pictures of correct setup to be difficult to find. Please send me photos of safe suspended scaffold tiebacks, and anchorages. 

2) There was a loss for OSHA in court under the foreman misconduct issue. Highlight: The rogue supervisor was the exposed and only employee to the hazard. The decision reads "knowledge of supervisory employees are correctly imputed to their employer…However, “a different situation is presented” when the misconduct is the supervisor’s own.  In that situation, the employer has no “eyes and ears.” It is, figuratively speaking, blind and deaf. To impute knowledge in this situation would be fundamentally unfair...In sum, we hold that if the Secretary seeks to establish that an employer had knowledge of misconduct by a supervisor, she must do more than merely point to the misconduct itself. To meet her prima facie burden, she must put forth evidence independent of the misconduct. This could be done, for example, with evidence of lax safety standards. But, the Secretary is the one who must provide such evidence. http://www.ca11.uscourts.gov/opinions/ops/201210275.pdf

3) The Walmart Corporate settlement agreement from the recent Rochester case is unique. 

“Respondent will arrange, at respondent's cost, for independent third-party 

monitor(s) to conduct monitoring of Covered Worksites in order to assess compliance with the abatement requirements set forth in this Section 6. While respondent intends to have audits conducted at all of its Covered Worksites, at least 80% of respondent's Covered Worksites will be audited every 4 months during the term of this Agreement. The on-site audits by the monitor(s) will include in-store observations of relevant equipment and work procedures, including confirming that the trash compactor interlock devices are functioning properly; review of relevant records, including records relating to training not previously reviewed; and interviews with relevant store personnel as appropriate. The monitor(s) will document their findings for each audit, and will compile written reports summarizing their findings, including findings specific to each Covered Worksite audited, no less than once every four months.”https://www.osha.gov/CWSA/walmart2013.html

4) OSHA has put all Corporate Settlement Agreements on their web page too. https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=CWSA&p_toc_level=0

5) Some good design sites from NIOSH. 

(a)    NIOSH:  Prevention Through Design - Structural Steel Design - Instructor's Manual

http://www.cdc.gov/niosh/docs/2013-136/

(b)    NIOSH:  Prevention Through Design - Reinforced Concrete Design - Instructor's Manual

http://www.cdc.gov/niosh/docs/2013-135/

(c)    NIOSH:  Prevention Through Design - Mechanical-Electrical Systems - Instructor's Manual

http://www.cdc.gov/niosh/docs/2013-134/

6) I am seeing many wear the wrong PPE for arc flash. Here is an easy chart for the class of protection. http://www.cedomaha.com/wp-content/uploads/2012/01/PPEchart.pdf\

7) Maryland OSHA has a new standard for tree workers that became effective one year ago:  http://dllr.maryland.gov/labor/standards/sn12-4.shtml

8) OSHA announces proposed silica rule.  OSHA estimates that the proposed rule would save nearly 700 lives per year and prevent 1,600 new cases of silicosis annually, once the full effects of the rule are realized.   http://www.dol.gov/opa/media/press/osha/OSHA20131767.htm

See also https://www.osha.gov/silica/  AND http://social.dol.gov/blog/a-long-overdue-proposal/

9) Cheers to the hard working OSHA leaders, CSHOs, and all Safety/Health Professionals that help set a new record of 3.2 fatalities per 100,000 workers. The early 2000-2007 had flat lined for years at ~4.0/100,000. This means an extra 700 workers came home last year vs. 2005. http://www.bls.gov/news.release/pdf/cfoi.pdf

10) I am seeing a few flash fires involving the lack of bonding and grounding when dispensing flammable liquids. Here is a good site showing the proper method. http://www.grainger.com/Grainger/static/bonding-grounding-255.html

Significant OSHA Enforcement Action 

August 2013

Penalty State Major Issues

1) $58,800 CT Machine Guarding, electrical, chemical. Health care. 

2) $293,450 Guam Electrical, falls, respirators, Shipyard

3) $235,800 IL PPE, Respirators, Welding, Forklift mfr 

4) $45,500 NE Combustible Dust, Falls, Grain Elevator

5) $66,900 TX Amputations, Food mfr

6) $188,300  OH Lead, GHS, Machine shop

7) $117,500 AL Amputations, lockout, machine guarding, Steel mfr.

8) $1,140,000 OH Fall protection, cranes, Steel mrg. 

9) $77,000 MT Arc Flash, refinery

10) $251,330 HI Blocked exits, Refrigerated Warehouses

11) $143,000 TX Machine guarding, forklifts, combustible dust, Oil and Gas Mfr

12) $148,400  TX Machine guarding, lockout, combustible dust, Wood Mfr 

13) $87,260 PA Lockout, Amputation, chocolate candy mfr

14) $127,400 GA Lockout, Auger, Grain Elevator

15) $43,890 NY Exit access, apparel chain

16) $50,000 NY Conveyor amputation, concrete block mfr

17) $161,000  MO explosion, restaurant chain, and directional boring company

18) $99,000 TX Combustible dust, cabinet mfr. 

19) $58,500 OH Lockout, machine guarding, vinyl parts mfr 

20) $46,000 TX PPE, lockout, Health Care Facility, 

21) $69,244  NY Fire safety, lockout, noise, Fiberglass panel mfr. 

22) $57,400  NY Noise, GHS, window mfr  

23) $48,000  PA PPE, lead, Pipefitting mfr, 

24) $58,100  TX PSM, Salt mfr

25) $44,005  TX PSM, Ammonia, Candy mfr

26) $39,000 WV PPE, Tree safety, Logging Co.

27) $46,970 GA Combustible dust, lumber mfr

28) $49,000 TX Grain confined space death, Corn mill

29) $80,025 OH Machine guarding, presses, Concrete products mfr

30) $317,000 IL Machine guarding fatality, lockout, Laser cutting mfr

31) $46,250 GA Chlorine, Bio Laboratory

32) $147,400 NY PSM, ice mfr

33) $150,700 OH Exits blocked, flammables not bonded-grounded, Hardware Chain

34) $54,000 TX Combustible dust, Materials mfr

35) $96,000 TX Lockout fatality, water theme park, 

36) $65,000 OH Machine Guarding, erosion control mfr, 

37) $259,000  NJ Lockout, housekeeping, Food distribution warehouse

38) $50,000 OH Lockout, woof furniture mfr. 

Large Work Payouts

1) $1 million for NY crane accident. http://abcnews.go.com/US/wireStory/settlement-reached-deadly-nyc-crane-accident-20008554 andhttp://www.nydailynews.com/new-york/exclusive-parents-construction-worker-killed-crane-accident-1-million-settlement-article-1.1431344

2) $6 million in asbestos case. http://harrismartin.com/article/16671/louisiana-jurors-award-nearly-6-million-to-asbestos-plaintiff-in-case-against-dow-chemical/

3) N.Y. Jury Awards $3 Million to Asbestos Plaintiffs; Assesses 35 Percent Liability to Crane Co. http://harrismartin.com/article/16608/ny-jury-awards-3-million-to-asbestos-plaintiffs-assesses-35-percent-liability-to-crane-co/

Summary of the Major News Stories 

1) Grain engulfment is currently the leading cause of death inside grain bins, and OSHA reports the number of incidents has increased, doubling between 2006 and 2010.  http://www.ethanolproducer.com/articles/10146/seconds-to-react

Are School Campuses the most unsafe place for a construction worker? Here are just some of the recent accidents.

2) Worker killed at TCU 

http://www.tcu360.com/campus/2013/08/18285.worker-killed-construction-accident-tcu-campus

3) Workers hurt at Texas A&M 

http://www.thebatt.com/osha-investigates-construction-accident-1.3047143

4) Worker Killed at Berkley School 

http://sanfrancisco.cbslocal.com/2013/08/27/worker-killed-in-construction-accident-at-berkeley-school/

5) Scaffold collapses at McDowell school http://www.mcdowellnews.com/news/article_54870fee-045b-11e3-a532-0019bb30f31a.html

6) San Jose College student killed in construction accident http://www.mercurynews.com/crime-courts/ci_23861847/coroner-identifies-woman-killed-by-tractor-at-san