Contractor Fined by Cal-OSHA, Lawsuit Cites Personal Injuries in Blast
July 18, 2016
https://calaborlawnews.com/legal-news/big-deep-ag-development-co-jeff-alexander-joseph-21608.php
McFarland, CA: It was in November of last year that an industrial accident involving a natural gas pipeline led to an explosion that killed one man and badly injured two women living in a nearby home destroyed in the blast.
While a personal injury lawsuit has been filed by family members of the two injured women, Cal-OSHA in late May undertook its own due diligence and fined Big & Deep Ag Development Co. $40,250 in total sanctions for a number of deficiencies the agency had identified.
To wit, the contractor was cited by Cal-OSHA for digging with an expired permit, failing to properly inform the bulldozer operator as to the true location of the pipeline and failure to properly train the operator.
According to The Bakersfield Californian (5/25/16), the owner of Big & Deep admitted to the expired date on the permit, placing the blame on himself. However, in a telephone interview with The Bakersfield Californian, Jeff Alexander stressed that in his view the expired permit had no bearing on the accident, adding that the operator was experienced and knew exactly where the pipeline was.
It was on November 13 of last year when Joseph Michael “Mike” Ojeda, age 44, was operating what was identified as a Caterpillar dozer and ripper in order to prepare land and facilitate the planting of almond trees. While operating the dozer, Ojeda hit a high-pressure transmission pipeline, three feet in diameter.
The spark initiated by the strike ignited the gas, and the resulting explosion killed Ojeda instantly and ripped through an adjacent home where Amalia Leal and her daughter Gloria Ruckman lived, with Ruckman’s newborn baby. While Leal and Ruckman sustained second- and third-degree burns, the infant escaped serious injury.
It is not known if the family of Ojeda is considering a Cal-OSHA lawsuit for wrongful death and alleged unsafe working conditions. It was noted that Ojeda was well- experienced with some 4,000 hours logged working with and around underground utilities.
It should also be noted that one year earlier, in 2014, the same underground pipeline was struck by a worker toiling for the same contractor. In that incident there was no explosion, but evacuations were required until the gas leak was brought under control and the danger passed.
Various state statutes governing California health and safety on the job are designed to guide employers toward maintaining a safe work environment for employees, and to safeguard employees from undue harm while on the job. Cal-OSHA has the authority to investigate and issue fines and sanctions to any employer viewed as having circumvented the rules.
Cal-OSHA has not filed a lawsuit. Nor has the California Public Utilities Commission, which, as of May 25, had still not completed its investigation.
However, the personal injury lawsuit filed by family members of the two burn victims injured when their home was destroyed by the blast is continuing and is expected to go to trial in March of next year.
While a personal injury lawsuit has been filed by family members of the two injured women, Cal-OSHA in late May undertook its own due diligence and fined Big & Deep Ag Development Co. $40,250 in total sanctions for a number of deficiencies the agency had identified.
To wit, the contractor was cited by Cal-OSHA for digging with an expired permit, failing to properly inform the bulldozer operator as to the true location of the pipeline and failure to properly train the operator.
According to The Bakersfield Californian (5/25/16), the owner of Big & Deep admitted to the expired date on the permit, placing the blame on himself. However, in a telephone interview with The Bakersfield Californian, Jeff Alexander stressed that in his view the expired permit had no bearing on the accident, adding that the operator was experienced and knew exactly where the pipeline was.
It was on November 13 of last year when Joseph Michael “Mike” Ojeda, age 44, was operating what was identified as a Caterpillar dozer and ripper in order to prepare land and facilitate the planting of almond trees. While operating the dozer, Ojeda hit a high-pressure transmission pipeline, three feet in diameter.
The spark initiated by the strike ignited the gas, and the resulting explosion killed Ojeda instantly and ripped through an adjacent home where Amalia Leal and her daughter Gloria Ruckman lived, with Ruckman’s newborn baby. While Leal and Ruckman sustained second- and third-degree burns, the infant escaped serious injury.
It is not known if the family of Ojeda is considering a Cal-OSHA lawsuit for wrongful death and alleged unsafe working conditions. It was noted that Ojeda was well- experienced with some 4,000 hours logged working with and around underground utilities.
It should also be noted that one year earlier, in 2014, the same underground pipeline was struck by a worker toiling for the same contractor. In that incident there was no explosion, but evacuations were required until the gas leak was brought under control and the danger passed.
Various state statutes governing California health and safety on the job are designed to guide employers toward maintaining a safe work environment for employees, and to safeguard employees from undue harm while on the job. Cal-OSHA has the authority to investigate and issue fines and sanctions to any employer viewed as having circumvented the rules.
Cal-OSHA has not filed a lawsuit. Nor has the California Public Utilities Commission, which, as of May 25, had still not completed its investigation.
However, the personal injury lawsuit filed by family members of the two burn victims injured when their home was destroyed by the blast is continuing and is expected to go to trial in March of next year.
*For more information, please visit www.BeverlyHillsEmploymentLaw.com
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