3rd Worker Death at Houston Contractor Caused by Serious, Repeat OSHA Violations
August 15, 2024
8 Repeat Violations Have Caused 3 Fatal Accidents at Quala Services within 4 Years
A Houston-area tank cleaning contractor must now pay $810,703 in fines after a third worker died due to persisting and serious OSHA violations. The contractor, Qualawash Holdings, LLC, doing business as (dba) Quala Services, LLC, had originally been cited by authorities in June 2020 following the deaths of two workers in November 2019.
Seeming to ignore the serious OSHA violations associated with those fatalities, Quala Services reportedly subjected another employee to the same deadly hazards in December 2023, resulting in another fatality injury.
Now, regulators have promised to “use all of [their] tools” to hold Quala Services accountable, prevent more worker deaths at this facility, and send a strong message to other employers who skirt safety regulations. Here’s how, with a closer look at:
- What Happened in the Dec. 2023 Fatal Work Accident
- Background: Serious OSHA Violations Caused 2 Worker Deaths in Nov. 2019
- Repeat & Serious OSHA Violations Behind 3 Fatal Work Accidents in 4 Years
- OSHA Fines & Penalties
For information focused on workers’ rights to safety in the workplace, check out this concise guide.
What Happened in the Dec. 2023 Fatal Work Accident
On Dec. 23, 2023, a 53-year-old worker at Quala Services’ La Porte facility did not return home from work after his shift ended. That sparked an hours-long search of the facility. Ultimately, staff found the worker’s lifeless body in a hazardous waste tanker trailer that he had been cleaning.
According to authorities, the worker had been needlessly exposed to explosion, inhalation, and asphyxiation hazards because Quala Services had failed to conduct sufficient, thorough, and essential testing of the conditions in the tanker trailer.
In fact, the contractor had consistently failed to test the conditions of multiple tanker trailers before authorizing entry — and, in an appalling and tragic twist, this was not the first time these fatal oversights had occurred.
Background: Serious OSHA Violations Caused 2 Worker Deaths in Nov. 2019
In November 2019, two workers died at Quala Services’ La Porte facility under similar circumstances. At the time, the contractor had:
- Failed to conduct the required atmospheric testing on multiple tanker trailers
- Authorized workers to enter these tanker trailers without the OSHA-required personal protective gear and safety measures for confined spaces
- Exposed workers to avoidable hazards that resulted in deadly injuries.
Despite OSHA inspections, penalties, and orders to rectify these violations, Quala Services seemed to take minimal action in response. Those persisting dangers not only led to another worker’s death a few years later, but they’ve also sparked growing concern and public scrutiny over Quala Services’ operations.
Repeat & Serious OSHA Violations Behind 3 Fatal Work Accidents in 4 Years
- Failures to conduct atmospheric testing: Quala Services neglected to perform the required safety testing before allowing employees to enter confined spaces and exposing them to life-threatening hazards.
- A lack of preventive measures: The company failed to implement adequate protocols and safety measures to prevent unauthorized entry into confined spaces that require special permits.
- Inadequate safety protocols: Numerous failures were found in the confined space entry permit process, such as not specifying emergency services, personal protective equipment, or rescue procedures.
- Overexposure to carbon monoxide: Employees were unnecessarily exposed to dangerous levels of carbon monoxide.
- Electrical safety hazards: Quala Services also failed to protect employees from electrical hazards via exposed conductors and missing electrical outlet covers.
Commenting on this OSHA investigation and the safety violations it revealed, OSHA Area Director in Houston, Larissa Ipsen, took Quala Services to task, stating:
Had Quala Services acted responsibly and made the safety reforms as required in 2020, another employee would not have lost their life… This employer’s complete disregard for its employees’ safety is unacceptable. Complying with safety and health standards is not optional. OSHA will use all of its tools to ensure employers follow the law.
OSHA Fines & Penalties
Nearly every safety violation in the 2024 OSHA investigation of Quala Services was associated with a fine. While many of the first-time citations came with fines of $7,000 to upwards of $16,000, OSHA fined Quala Services $88,721 for each repeat serious violation.
With a total of 8 repeat violations, that means that:
- $709k+ in OSHA fines resulted from the contractors’ repeated serious violations.
- Nearly 89% of the total OSHA fine (of $810,703) was due to the contractor’s failure to correct violations it had been cited for in 2020.
Interestingly, Quala Services acknowledges on its website that “safe attitudes lead to safe behaviors” while professing that “health and safety is our greatest priority for… our employees” and that “we are building a safety culture in all that we do.”
In the wake of three worker deaths, multiple OSHA violations, and hundreds of thousands of dollars in fines, Quala Services statements on safety may have a hollow ring — and many are keeping a close eye on this Houston contractor to see whether it will truly turn a new page to walk the talk when it comes to safety and protecting its workers.