Not an "accident": Milton Hernandez, 22 suffers fatal work-related injury in Scott, Louisiana

Milton “Tito” Rafael Barreto Hernandez, 22, suffered fatal traumatic injuries on Tuesday, October 28, while working for Scott Materials in Scott, Louisiana. KLFY provides some initial information on the worker’s death:

  • His employer, Scott Materials, is a “concrete crushing company.”
  • A supervisor and another employee were with Hernandez when the accident occurred.
  • They were working to remove debris from a conveyor belt on a piece of heavy machinery. The equipment was turned back on and Hernandez was pulled into the machine.

OSHA’s on-line inspection data suggests Scott Materials has not been subject to an OSHA inspection.

Each year, more than 100 workers in Louisiana are fatally injured on-the-job. The Bureau of Labor Statistics reports 114 work-related fatal injuries in Louisiana during 2013 (preliminary data, most recent available.) Nationwide, at least 4,405 workers suffered fatal traumatic injuries in 2013.

The AFL-CIO’s annual Death on the Job report notes:

  • Federal OSHA has 16 inspectors in Louisiana to cover more than 103,000 workplaces.
  • The average penalty for a serious OSHA violation in Louisiana is $1,765.

Federal OSHA has until the end of April 2015 to issue any citations and penalties related to the incident that stole Tito Hernandez’s life. It’s likely they’ll determine that Hernandez’s death was preventable. It was no “accident.”

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I use to work there. Matter of fact Tito only worked there because I begged him to start the job with me because I didn't want to work there without a friend. It sucks that I had to bury my best friend on Nov.1st. He was a great person. I know for sure that could've been prevented. When I worked there the supervisor always knew every employees location before the machine every came on.

By derriel Morgan (not verified) on 03 Nov 2014 #permalink

Derriel,
I'm so sorry that you had to bury your friend. He was much too young to die.

Miss my boy

Dear Ms. Hernandez,
I'm so sorry for your loss. Thank you for sharing your feelings with us. In sympathy.

This is my nephew. Almost like a son to me. I don't understand why we don't have an update on this yet. It will be 6 months in just a few days. We need answers.

By Fernando L. He… (not verified) on 17 Apr 2015 #permalink

Fernando,
I hope that OSHA has been in touch with your family over the course of their investigation. If not, let me know.

It is not unusual in fatality cases for OSHA to finish its work on the exact date of the six month anniversary (their statute of limitations.) I plan to do a follow-up blog post when I learn the result of OSHA's investigation.

I am sorry for your family's loss of such a young man.

Nothing yet. Cried a lot yesterday thinking I would have some answers, but nothing came through. Toxoligy on the other person isn't coming either.
Just wondering

Maria,
You should call the OSHA office that is handling the investigation. The 6 month statute of limitations is nearly up for them to issue citations against the company.

We have send them a writen formal petition to release any information since the 6 months are up. Waiting to hear from them now. Thanks.