How Lockout / Tagout Failures Cause Preventable Workplace Injuries In Texas

Working with machines is always dangerous, but working with machines that have not been properly turned off and de-energized can be downright deadly. When things go wrong during maintenance or repairs on machines, it is often because of failures to comply with Lockout/Tagout regulations. This article explains: 

• What lockout/tagout means for Texas workplaces. 
• The kinds of injuries can be caused by lockout/tagout failures.
• Your rights when it comes to workplace injury or wrongful death compensation after such an accident. 

What Is Lockout / Tagout, And Why Is It Important In Texas Workplaces?

The Occupational Safety and Health Administration (OSHA) has regulations to make the workplace safe that all employers must abide by. Among those rules are procedures for repairing mechanized equipment and/or electrical equipment that needs to be serviced. 

Lockout and tagout procedures are requirements that whenever work is being done on a machine or piece of electrical equipment, such as an electric box, a conveyor belt, or anything that is energized, it needs to be de-powered. It needs to be locked out and tagged out, meaning that there needs to be a clear marking that the unit is out of service. 

Proper lockout and tagout means that whatever needs to be worked on is clearly de-energized and labeled as such. That way, workers are aware that they can proceed with making the repairs in a safe manner, and whoever is responsible for the equipment can be held accountable if a lockout/tagout violation or accident occurs.

What Industries In Texas Are Most Affected By Lockout/Tagout Violations?

While statistics vary, lockout and tagout violations can occur in any sector involving machinery or electronics. In Texas, the industries that have the most incidents of injuries due to failures to lock and tag out are industrial businesses and construction companies. 

For example, any factory or manufacturing business that has moving parts and machinery, such as conveyor belts, is going to have very heavily regulated equipment with important lockout tagout requirements. As a result, these can be some of the most dangerous workplaces.

What Are The Most Common Injuries Caused By Lockout/Tagout Failures?

If an employer does not make sure that the lockout tagout procedures are followed, severe and even horrific injuries can result. 

One of the most clear-cut risks is electrocution. If you are working on something that is energized and you put a screwdriver on an electrical wire that is hot, you can be electrocuted. I have had a number of cases of people working on air conditioning units or on industrial machines in factories who have been electrocuted because they were not properly de-energized.

If a machine is not properly locked out and tagged out, you are also at risk of having your fingers, arms, or limbs cut and caught in the machine. You can end up with crush injuries, degloving injuries, or even amputations when a body part gets caught in a machine that was not working but turns on or starts running while you are working on it. 

These are just some of the severe injuries that result from failure to properly lock out and tag out machinery or equipment, some of which can, unfortunately, even be fatal.

What Should I Do Immediately After Being Injured In A Lockout / Tagout Incident?

If you have been injured while working on machinery, you should get medical attention immediately. You should also notify your employer and ask if they have workers’ compensation insurance. If they do, they need to get you to a provider immediately. 

You may not even be aware that your employer has workers’ compensation insurance or that you have access to medical treatment. It is a good idea to find out if there is access to medical treatment through your employer now before an accident occurs. 

Even if workplace compensation is not a factor, you need to get to an emergency room and be evaluated. Once you have done so, you should contact an attorney who can make sure that the relevant evidence is preserved and that the proper parties are put on notice immediately of your injury, including the Texas Workforce Commission and OSHA.

Attorney John Escamilla is a compassionate and dedicated Texas Personal Injury lawyer who has helped countless workers just like you navigate the medical and judicial aftermath of workplace accidents. The son of an immigrant, John is determined to protect even the most vulnerable and hold big companies responsible for harmful and negligent behavior.

Have you been injured by machinery? Lost a loved one in a workplace accident? Contact The Escamilla Law Firm today to schedule a free consultation.

Can A Widow File A Wrongful Death Claim For A Fatal Lockout / Tagout Accident In Texas?

Absolutely, the spouse of someone who is killed as a result of a lockout / tagout injury, whether it be electrocution, a crush injury or any other fatal injury, has a right to bring a claim on behalf of their deceased spouse as well as themself and their children. The people responsible for that death deserve to be held responsible, and we can help you do so. 

What Is An Example Of A Personal Injury Case Where Lockout / Tagout Failure Was A Factor?

We represented a gentleman who was a maintenance and handyman at a large apartment complex who had an air conditioning unit that stopped working. 

What they should have done was call a licensed HVAC or air conditioning service company to repair the air conditioner, but they wanted to save money. They asked this man, who was used to mowing lawns and painting rooms, to try to service the air conditioner. Unfortunately, the machine was not locked out and tagged out; it was not even de-energized. It turned on again and electrocuted him, causing severe burns to his arm and his fingers. 

We helped him sue both the apartment complex owner and the property management company responsible for maintaining the apartment complex. It was their responsibility to call the right people and ensure the work was safe. They are the ones that put him in an unsafe situation without having a properly de-energized workspace. 

I also represented a worker for a produce company who was trying to repair a conveyor belt that had not been locked out and tagged out. It turned on as he was working on it, and his hand got caught in the machine. It crushed his hand and his forearm because the employer did not provide a safe workplace for him and asked him to fix something without making sure that it was properly locked and tagged. 

How Do You Approach Investigating Lockout / Tagout Incidents?

To make a strong case for the compensation of any worker so injured, we will investigate not only the circumstances of the accident but also the history of the company and the employer. We will see if they have had other OSHA violations, inspections, or citations to see if they have a history of negligence or a dangerous workplace. More often than not, I will find out that the companies that are unsafe once have been unsafe many times and have a history of it that can be used against them.

What Were Some Of The Challenges Faced In Proving Negligence In Lockout/Tagout Case?

Employers are required by law to report, within 24 hours, an incident to OSHA where someone is hospitalized as a result of a workplace accident. Unfortunately, they do not always report it. As a result, OSHA does not know about it and cannot do their normal investigation within 24 hours.

Normally, they handle the investigation of the site, the location of the accident, and the equipment, take statements and interview any witnesses and other employees. In both of the incidents we handled above, however, OSHA was not notified, so there was no contemporaneous record or investigation of what happened. 

Thus, rather than having a government investigate what happened, we had to do the investigation starting from scratch. But we did, and we were still able to prove the employers acted recklessly and held them accountable, securing compensation for the workers who were injured. 

Have you been injured or lost a loved one in a machinery or electrocution accident in Texas?

For more information on How Lockout / Tagout Failures Cause Preventable Workplace Injuries In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 628-7569 today.