The Virginia Port Authority’s terminal operator received its 17th safety violation in five years after the December death of a longshoreman.
Since January 1, 2005 Virginia International Terminals, Inc. had been cited 16 times by U.S. Occupational Safety and Health Administration (OSHA) officials. The death of dock foreman David B. Weiland resulted in the 17th citation.
Weiland was killed when a machine used to move shipping containers struck a 105-foot light pole which fell and crushed his car. The employee operating the vehicle that hit the light pole had been involved in four incidents in which objects were struck. Although none of these incidents involved personal injury, regulations require that operators of industrial trucks who are involved in accidents or near-miss accidents receive refresher training. OSHA found that the employee had not received that training.
Eleven of the 17 OSHA violations were classified as “serious”. This means that OSHA believed that there was a “substantial probability that death or serious physical harm could result and where the employer knew, or should have known, of the hazard.” When an employer knows of possible harm to employees, but does not rectify the situation, the employer can be found negligent.
Weiland’s death was the sixth employee death at the terminal in those five years.
When a longshoreman or dockworker is injured or dies because of an employer’s negligence, he and his family have rights. Contact the maritime law attorneys at The Young Firm to learn more.