2012 14
Claim of Employer Calling for a Drug Test Before Aiding a Fallen Worker Results in $15M Lawsuit
A Texas cement company, Texas Industries, is under fire for allegedly ordering a drug test before calling an ambulance to tend to an injured worker. The man, 67 year old Benino Perez, had fallen several feet and later died from his injuries. A $15 million dollar lawsuit has been filed on behalf of the deceased worker’s family.
Texas Industries spokesman David Perkins vehemently denied the claim:
Perkins said coworkers did not immediately know that Perez had suffered an injury.
“One of our material drivers noticed he was walking a little uncertain and asked if something was wrong with him,” Perkins said. “The driver then went to the office to notify the plant personnel. Upon their return, Perez said, ‘We just need to get this job done,’ and he went back onto his loader. The driver said, ‘You need to sit down.’”
Perkins continued, “He had blood coming from his nose and that’s when we called 911, and we stayed with Perez until EMTs arrived.”
The lawsuit claims that,
Texas Industries violated federal Occupational Safety and Health Administration regulations by failing to provide a guardrail, safety net or personal fall arrest system for employees working over six feet off the ground and failing to train employees who are exposed to fall hazards.
OSHA inspected the site of the accident, but failed to fine or penalize the non-union company.
No Comments on “Claim of Employer Calling for a Drug Test Before Aiding a Fallen Worker Results in $15M Lawsuit”