Protecting Your Rights After an Oilfield Accident

Workplace safety is a critical concern for oilfield workers, given the hazardous nature of the industry. When employers fail to provide a safe working environment, workers have the right to file a complaint with the Occupational Safety and Health Administration (OSHA). However, navigating this process can be overwhelming, especially after experiencing an oilfield accident. Mistakes in filing could delay or prevent a response, so it’s essential to understand the process and seek legal assistance if needed.

At Patrick Toscano Law Firm, we understand the unique dangers that come with working in the oilfields and the fear workers may have of retaliation for reporting safety issues. We are here to help protect your rights and ensure you understand how to report unsafe working conditions properly.

Understanding OSHA and Employee Rights in the Oilfield Industry

OSHA, under the U.S. Department of Labor, enforces workplace safety laws across the nation, including in the oil and gas industry. Workers in the oilfields are granted several rights under OSHA regulations, including:

• The right to report unsafe working conditions, such as exposure to toxic chemicals, faulty equipment, or dangerous work practices.
• The right to receive proper training, including handling hazardous materials, equipment, and emergency response procedures.
• The right to request an OSHA inspection if conditions don’t improve after reporting safety concerns.
• Protection from retaliation for reporting safety violations.

Given the dangerous nature of the oilfield industry, it’s especially important to understand your rights and know when and how to file an OSHA complaint.

When Should You File an OSHA Complaint After an Oilfield Accident?

Before filing an OSHA complaint, it’s often beneficial to attempt to address safety issues internally. Employers are required by law to provide a workplace free of recognized hazards under the General Duty Clause. If you encounter unsafe conditions such as faulty equipment, improper safety gear, or hazardous working conditions, you should first report the issue to your supervisor or safety representative. If they fail to address the concern and it persists, the next steps would be:

• Contacting your union representative (if applicable) for support.
• If the hazard poses an immediate risk of death or severe injury, you may have the right to refuse to work until the hazard is addressed.
• If internal reporting fails and the situation remains unresolved, filing an OSHA complaint should be your next course of action.

How to File an OSHA Complaint for Oilfield Accidents in Texas

Filing an OSHA complaint for an oilfield accident is straightforward, and you have the option to do so anonymously. Here’s how to proceed:

1. Identify the Hazard – Document the specific safety violations that caused or contributed to the oilfield accident, such as lack of proper protective equipment (PPE), exposure to hazardous chemicals, malfunctioning equipment, or insufficient training.

2. Gather Evidence – Collect relevant details like:

• Dates and locations of incidents
• Descriptions of hazardous conditions
• Names of individuals involved
• Photos or videos of unsafe conditions or accidents (if possible)
3. Complete the OSHA Complaint Form – Fill out the official complaint form available on OSHA’s website or through your local OSHA office.

4. Submit Your Complaint – Choose one of the following methods:

• Online via OSHA’s official website
• By phone at 1-800-321-6742 (OSHA)
• By mail, fax, or in-person at your nearest OSHA office

Note: While anonymous complaints are valid and protected, signed complaints may result in a higher priority for inspection.

What Happens After Filing an OSHA Complaint for an Oilfield Accident?

Once OSHA receives your complaint, they will:

1. Conduct an Initial Review – OSHA will assess the severity of the issue and determine if an inspection is necessary.

2. Perform an On-Site Inspection – If warranted, an OSHA compliance officer may visit the oilfield site to gather evidence and interview workers.

3. Issue Findings and Required Actions – If violations are found, OSHA will mandate corrective actions to be taken by the employer within a set timeframe.

4. Handle Appeals or Retaliation Cases – If the employer disputes OSHA’s findings or retaliates against you, further legal action may be required.

How an Attorney Can Help with an OSHA Complaint After an Oilfield Accident

While filing an OSHA complaint can be done independently, an attorney specializing in oilfield accidents can ensure the process is handled correctly. Here’s how legal representation can help:

1. Ensuring Proper Filing of the Complaint – A well-documented complaint is crucial for a timely response. An attorney will help:
• Gather essential evidence to support your case.
• Ensure the complaint is properly drafted and submitted.
• Communicate with OSHA on your behalf to track your complaint’s progress.
2. Protecting Against Employer Retaliation – OSHA protects workers from retaliation, but retaliation claims often require legal intervention. An attorney can:
• Help file a whistleblower complaint with OSHA.
• Pursue legal action if you experience retaliation for reporting unsafe conditions.
3. Strengthening Your Case with Evidence – A lawyer knows how to gather and preserve vital evidence, such as:
• Safety records, accident reports, and witness statements.
• Medical records and reports related to any injuries sustained.
4. They can also prepare a strong case if you need to take legal action beyond the OSHA complaint.
5. Filing a Workers’ Compensation Claim – If unsafe conditions lead to an injury, an attorney can assist in filing a workers’ compensation claim. This ensures you receive compensation for medical bills, lost wages, and long-term disability benefits.

Pursuing Additional Legal Actions – If OSHA fails to act on your complaint or the accident leads to severe injuries, an attorney may advise pursuing a personal injury lawsuit. This could result in compensation beyond what OSHA fines or workers’ compensation can provide.

Need Legal Assistance After an Oilfield Accident? Contact Patrick Toscano Law Firm

Oilfield accidents can lead to serious injuries or even fatalities. At Patrick Toscano Law Firm, we are dedicated to protecting the rights of workers in San Antonio and throughout Texas. If you’ve been involved in an oilfield accident, we can guide you through the OSHA complaint process, represent you in retaliation cases, and help secure workers’ compensation or personal injury claims.

Contact us today for a free consultation and take the first step toward ensuring your safety and securing the compensation you deserve.