Chemical plants are critical to various industries, producing products like fuels, plastics, pharmaceuticals, and more. However, these facilities are among the most hazardous work environments, exposing workers to risks of fires, explosions, toxic exposure, and machinery accidents. A recent $1.3 million settlement between a chemical company and the Occupational Safety and Health Administration (OSHA) highlights these risks and the potential for poor safety standards in chemical plants in the United States.
In the article below, the chemical injury attorneys at Kherkher Garcia discuss the fatal explosion leading to the OSHA settlement, as well as providing helpful information for chemical plant workers and their families. When chemical plant workers are injured or killed on the job, families deserve to know their rights and have the opportunity to fight back.
OSHA Chemical Plant Settlement Details
OSHA has reached a settlement with AB Specialty Silicones LLC regarding a fatal explosion and fire at the company’s Waukegan, Illinois, plant that killed four workers and injured others. Following an investigation, OSHA found the company at fault for not meeting electrical safety standards and for using propane-powered forklifts in areas where flammable substances were handled. As part of the settlement, AB Specialty Silicones agreed to:
- Halt production and use of silicon-hydride emulsions temporarily at all facilities
- Engage an engineering firm to design a safer process area
- Establish a company-wide safety and health management system
- Provide safety training for employees
- Acquire industrial trucks suitable for flammable materials
Additionally, the company must pay $1.3 million in penalties over 12 quarterly payments, concluding by September 1, 2027.
Fatal Chemical Plant Explosion Information
On the night of the explosion and fire at AB Specialty Silicones, workers were producing a batch of EM 652, a silicon hydride emulsion used as a water repellent. This process involved XL10, a compound that, when combined with EM 652, generates flammable hydrogen gas.
During the second batch, an operator noticed a problem and called for help. The shift supervisor and another worker joined him in the emulsions area, where they found foam overflowing from a tank. The operator had just added two raw materials, including XL10, when the tank emitted a strange sound and erupted, creating a hot, smoky scene.
The supervisor instructed the team to activate exhaust fans, but before they could do so, the building exploded. The blast was powerful enough to be felt up to 20 miles away, damaging nearby businesses and affecting surrounding communities.
Risks and Hazards of Chemical Plant Work
Chemical plants involve complex processes that often use hazardous substances, creating a high-risk environment for employees. Some of the primary dangers include:
Flammable and Explosive Materials
Many chemicals used in production are highly flammable, making fires and explosions one of the most severe hazards in chemical plants. Flammable gases, liquids, and solids can ignite from even a minor spark, leading to catastrophic accidents. Workers may also encounter explosive dust or fumes, which can lead to fires that spread quickly, endangering lives and causing significant property damage.
Toxic Chemical Exposure
Chemical plant workers often handle hazardous chemicals, including toxic solvents, acids, and gases. Even with protective equipment, workers can be exposed to harmful substances through inhalation, skin contact, or accidental ingestion. Prolonged exposure to toxic chemicals can lead to chronic health conditions like respiratory issues, cancer, or organ damage.
Corrosive Substances
Corrosive chemicals, such as acids and alkalis, can cause severe burns if they come into contact with skin or eyes. Additionally, these substances can weaken equipment and storage containers over time, increasing the risk of leaks and spills, which can create further hazards for workers.
High-Pressure Systems and Heavy Machinery
Chemical plants use high-pressure systems and heavy machinery for processing and transporting materials. Malfunctions, such as ruptured pipes or failing valves, can release dangerous materials into the air or cause machinery to explode. Workers must also be cautious around heavy machinery, as equipment malfunctions or human error can result in crushing injuries, amputations, or severe lacerations.
Temperature Extremes
Chemical processes often require extreme temperatures, posing risks of thermal burns, frostbite, or heat stress. Without proper safety protocols, workers are vulnerable to severe injuries when handling or working near extremely hot or cold substances.
Common Injuries Sustained by Chemical Plant Workers
Given the hazards in chemical plants, workers can sustain various injuries ranging from minor to life-threatening. Common injuries include:
Burn Injuries
Burns are among the most common injuries in chemical plants. Thermal burns can occur due to contact with hot surfaces or flames, while chemical burns can result from contact with corrosive substances. Burns may cause lasting pain, disfigurement, and functional impairments.
Respiratory Issues and Lung Damage
Exposure to toxic fumes, dust, or gases can lead to respiratory problems, including chronic lung disease, asthma, and even lung cancer. Workers without adequate respiratory protection face a high risk of developing severe respiratory conditions that can affect their quality of life.
Chemical Poisoning
Toxic chemicals like benzene, chlorine, and sulfur dioxide can cause chemical poisoning when inhaled or absorbed through the skin. Chemical poisoning can lead to symptoms like dizziness, headaches, organ damage, or, in severe cases, death.
Eye Injuries
Chemical splashes or exposure to toxic fumes can cause severe eye injuries, including burns, blindness, or permanent damage to vision. Chemical plant workers must wear eye protection, yet accidents can still occur, leading to potentially irreversible vision impairment.
Lacerations and Amputations
Accidents involving machinery or equipment can cause severe cuts, lacerations, and even amputations. Workers handling heavy equipment or working near high-speed machinery are particularly vulnerable to these injuries.
Hearing Loss
Chemical plants are typically loud environments, with noise levels often exceeding safe limits. Prolonged exposure to high noise levels can lead to permanent hearing loss. Workers in these environments should use proper hearing protection, but even with precautions, hearing damage can still occur.
Legal Rights of Injured Chemical Plant Workers and Their Families
Injured workers and their families have specific rights under federal and state law. These rights enable them to seek compensation and hold responsible parties accountable for unsafe working conditions. Here’s what injured workers and their families should know:
Workers’ Compensation Benefits
In most states, injured chemical plant workers are entitled to workers’ compensation benefits, which cover medical expenses, lost wages, and rehabilitation costs. These benefits are generally available regardless of who was at fault for the injury. However, workers’ compensation may not fully cover all damages, especially for severe injuries.
Third-Party Claims
In some cases, injured workers may have a legal right to file a third-party claim in addition to workers’ compensation. If a party other than the employer, such as a contractor or equipment manufacturer, was responsible for the accident, the injured worker could seek compensation through a third-party lawsuit. This type of claim allows for recovery of damages not covered by workers’ compensation, such as pain and suffering.
Wrongful Death Claims
When a worker tragically loses their life in a chemical plant accident, surviving family members may be entitled to file a wrongful death claim. This type of claim seeks compensation for funeral expenses, loss of financial support, emotional suffering, and other damages related to the loss of a loved one. Wrongful death claims can help provide financial stability to the family while holding negligent parties accountable.
OSHA Violations and Employer Liability
OSHA establishes safety standards for workplaces, including chemical plants. If a company fails to follow OSHA regulations and an injury results, the employer may be subject to fines and penalties. Evidence of OSHA violations can also strengthen a personal injury or wrongful death claim by demonstrating negligence or unsafe practices.
Product Liability Claims
If defective equipment, tools, or machinery caused the injury, an injured worker may be able to pursue a product liability claim against the manufacturer. Product liability claims can apply when equipment malfunctions, protective gear fails, or tools are improperly designed for the specific job. A successful product liability claim could provide additional compensation for an injured worker or their family.
Steps for Injured Chemical Plant Workers and Their Families
If you or a loved one has been injured in a chemical plant accident, consider taking these steps to protect your legal rights and maximize potential compensation:
Seek Immediate Medical Attention
Prompt medical care is crucial after an accident to ensure proper treatment and document the injury. Medical records serve as valuable evidence in workers’ compensation and personal injury claims.
Report the Incident to Your Employer
Notify your employer as soon as possible. Most states require workers to report injuries within a certain timeframe to qualify for workers’ compensation benefits. Delays in reporting may result in denied claims or reduced compensation.
Preserve Evidence
Keep records of any documents related to the accident, such as safety reports, maintenance logs, and witness statements. Photographs of the accident scene or damaged equipment can also be valuable for supporting your claim.
Document All Losses
Track all expenses related to the injury, including medical bills, travel costs for treatment, lost wages, and any costs for home modifications or assistive devices. Thorough documentation can help maximize the compensation you receive.
Contact an Attorney
Experienced personal injury attorneys can help navigate the complexities of workers’ compensation and third-party claims. A skilled lawyer can evaluate the case, negotiate with insurance companies, and advocate for maximum compensation.
How Kherkher Garcia Can Help Injured Chemical Plant Workers
At Kherkher Garcia, we understand the unique risks and challenges faced by chemical plant workers. Our experienced attorneys are dedicated to helping injured workers and their families secure the compensation they deserve. Here’s how we can assist:
- Comprehensive Case Evaluation: Our team will assess all aspects of your case, including potential workers’ compensation benefits and third-party liability claims.
- Evidence Collection and Investigation: We’ll gather evidence of unsafe practices, defective equipment, or OSHA violations to strengthen your claim.
- Negotiation and Litigation: Our attorneys will handle negotiations with insurers and responsible parties, and if necessary, represent you in court to pursue maximum compensation.
- Support for Families in Wrongful Death Cases: For families who have lost a loved one, we offer compassionate guidance through the legal process and help obtain wrongful death compensation.
Chemical plant workers face significant hazards on the job, and when accidents happen, the injuries can be life-changing. Workers and their families have legal options to seek compensation, hold negligent parties accountable, and regain financial stability.
Free Consultation for Chemical Plant Workers and Families
If you or a loved one has been injured or lost in a chemical plant accident, Kherkher Garcia can help you understand your rights and pursue justice. Contact us today for a free consultation to discuss your case and explore your options. Start getting the support you need by calling us at 713-333-1030. You can also reach out to us online via our contact form.
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