Another Gas Worker Fatality in Bradford County

From the Towanda Daily Review:

A Missouri man died Wednesday while working on a natural gas pipeline project in Burlington Township.In a news release, Bradford County Coroner Tom Carman said that Kenneth Donovan Elliott, 42, of Missouri was pronounced dead at 1:49 p.m. in Burlington Township, off of the Berwick Turnpike, following the 12:42 p.m. accident.   

When asked for comment, Kristi Gittins, spokesperson for Chief, said that the mishap did not take place at a Chief site.  She said it was a PVR (Penn Virginia Resources) site. She noted that the company, based in Radnor, Pa., is "a large national pipeline company working in the area."  Carman said Elliott was employed by Midway Oilfield of Midway, Texas. 

Midway Oilfield was in the process of clearing the right-of-way for a natural gas pipeline, according to Carman.  He said Elliott was operating a chainsaw, and was in the process of cutting down a tree, when the tree kicked back, striking him and knocking him to the ground.  Carman said Elliott died as a result of blunt force head trauma, and the manner of death has been ruled accidental.

This article demonstrates the complexity of all of the various companies that are involved in this kind of work.  The question that I would have is which employer or corporate entity is ultimately responsible for this man's workers' compensation death benefits so that his family can be taken care of.  It is a horrible accident and our hearts go out to this man's friends and family.

What to do if you have a work injury on a gas well site?

Accidents on Gas Well sites are far too common in the Marcellus Shale region. This is partly due the fact that a number of different types of specialists and companies are having to work together in a confined area and often with different and varying standards of safety and procedures.

But it is also often that the person or public body responsible for the overall safety of the site has simply not taken enough care over the arrangements or not properly checked that any safety procedures have been properly implemented.

Whatever the cause, injuries on a well pad site very often result in very serious and sometimes fatal injuries and such accidents can commonly occur in the following circumstances:

Being struck by falling loads or equipment

Lifting heavy loads without proper training and supervision

Working with asbestos without proper protection

Not being provided with adequate equipment or clothing (such as a hard hat)

Accidents caused by faulty plant or machinery

Being hit by moving vehicles such as fork lift truck or bulldozer

Falling from a height or from ladders or scaffolding

Explosions

Toxic exposure

Co-workers who are too tied and overworked being careless.

What sort of compensation might you receive? Compensation for a gas well site injury is to cover for the pain and suffering and distress caused by the injury and also for any loss of earnings, medical fees, rehabilitation costs- in fact any financial loss that has been caused by the accident. As far as possible you should keep any record (such as receipts, prescriptions etc) of payments you have made for things bought as a result of the injury. If the injury is caused by a co-worker, then your only option is getting wage and medical benefits through your employer's workers' compensation insurance company.  If the injury was caused by a third party-- such as an employee from another company working on the site-- then you can also get money for pain and suffering, assuming we can prove that the third party's actions were negligent.

What should I do if I have had an accident on a Gas Well Site? If you have had an accident, however minor, you should ensure that you take the following steps if possible (and as soon as you can after the accident)

Report the accident to your employer or supervisor and make sure it is recorded somehow, such as an incident report, etc.

Take photographs of where you had the accident

Take photos of any of your injuries such as cuts or abrasions as soon as possible after the accident

Keep a record of any potential witnesses to the accident who may be able to help in any future claim as necessary.

Is there a time limit for bringing a Claim? Yes, there are strict time limits for bringing a claim if you have had an accident on a Gas Well site.  There are different time limitations for workers' compensation claims and for negligence lawsuits.  So, the best course of action is to contact an experienced lawyer immediately.  You should contact a lawyer who is both experienced in workers' compensation as well as filing lawsuits, since those areas of the law are very different.

Gas Pipeline Safety Regulations

Here is an article from the Rocket Courier of Wyalusing about the enactment of legislation that would enhance the safety of gas pipelines in Pennsylvania.  House Bill 344 permits the Pennsylvania Public Utility Commission (PUC) to have regulatory oversight of natural gas lines.

“Currently, Pennsylvania is one of a very few states that produce natural gas that does not give the authority of gas lines to a state entity, and as a result, there is no designated agency to ensure compliance for a number of safety regulations,” Pickett said. “The influx of activity in the Marcellus Shale region and the increasing demand for this type of energy has necessitated action on this legislation, and I am pleased to see this bill finally moving to the governor.”

The legislation gives the PUC the power to inspect and investigate natural gas pipelines with the Commonwealth in coordination with the U.S. Department of Transportation’s (U.S. DOT) Pipeline and Hazardous Material Safety Administration.

The article's slant is toward protecting landowners, which is important, in and of itself.  But it will also protect gas workers.  There has been rash of gas pipeline explosions that has killed and injured dozens throughout the state.  Hopefully this legislation will cut down those types of injuries.  We will have to wait and see.

Update on the recent gas worker fatality in Bradford County

Here's an update on the recent gas worker fatality that occurred in Bradford County. From the Towanda Daily Review:

Leonard L. Inness III, 35, of Elmira, N.Y., was pronounced dead on arrival at Memorial Hospital in Towanda at 5:06 p.m. Thursday, according to a report by the Bradford County coroner's office.

Coroner Thomas Carman ruled the manner of Inness' death as accidental. A cause of death was withheld pending the results of an autopsy scheduled for Saturday. An autopsy is standard procedure in the case of a workplace accident, Carman said. Routine toxicology tests will also be performed.

Inness was married and had children, Carman said.

Inness was operating a bulldozer Thursday at the Chesapeake Energy Corporation gas well site off Towner Hill Road. He lost his balance while standing and fell onto the bulldozer's track. The machine then ran him over, according to the coroner's office.

April Proves Tough Month for Gas Drillers

From the Wyalusing Rocket Courier:

Mounting Protests and Government Crackdowns Challenge Industry

April has perhaps been the most difficult stretch of time yet faced by companies related to the natural gas drilling industry, especially in Bradford County. The heated rancor of the public was already reaching a fever pitch when Chesapeake Energy’s Atgas 2H well in Leroy Township experienced a serious malfunction on April 19 that spewed thousands of gallons of toxic fracking water, much of which ran off into a tributary of Towanda Creek.

Earlier in the month, state environmental regulators asked the gas companies to voluntarily suspend the controversial practice of discharging extracted fracking water into rivers and streams. Meanwhile, local municipalities are refusing to allow the companies to construct wastewater treatment plants. Citizens in towns along both branches of the Susquehanna River are mounting objections to additional drafting of river water for fracking purposes.

The gas well blow-out and mounting public opposition to almost every aspect of gas drilling prompted Bradford County Commissioner Mark W. Smith to compose a stern letter to Pennsylvania Gov. Tom Corbett.

“Issue after issue has arisen in Bradford County in relation to the development of natural gas,” Smith stated at the beginning of his letter. Smith went on to detail several key gas-related issues that have affected the residents of Bradford County in ways, he asserts, that are not being addressed at the state level.

Among his concerns are recent reports that the Department of Environmental Protection (DEP) spends an average of 35 minutes deliberating the approval of new gas well permits. “This is an appalling statistic considering the significant impact of a natural gas drilling site and even more appalling considering that there have been nearly 2,000 gas wells permitted in Bradford County.”

Gas industry worker injured in Terry Township

From The Towanda Daily Review:

A gas industry worker was flown by emergency medical helicopter to a hospital in the region after he suffered a foot injury in an accident at a gas drilling site in Terry Township, the Wyalusing fire chief said.

"He was on a drilling rig (with his foot) stuck between two metal plates" said Adam Dietz, chief of the Wyalusing Volunteer Fire Company.

He was stuck approximately 20 feet above the ground, the fire chief said.

Dietz said he did not know the severity of the man's injury.

I have found that many gas workers do not want to report injuries for fear of being blackballed or just flat out fired.

Two injured in Sullivan County gas drilling vehicle fire

From the Towanda Daily Review:

DUSHORE - Two men were injured as a result of a vehicle fire at a Chesapeake drill site around 11 a.m. Sunday off Star Road in Colley Township, Sullivan County, said Dushore Fire Company Fire Chief Scott Hope.

He said the men were hurt while fighting the fire, which destroyed the vehicle. He described it as a construction truck, and said the fire occurred near the rig at the site.

According to the fire chief, one man was flown by Geisinger to a hospital and the other man was taken by ambulance to a hospital. He didn't know what hospitals they were taken to or what caused the fire.

He said they both suffered burns.

OSHA investigating Sullivan County gas worker fatality

As per the Towanda Daily Review:

The Occupational Health and Safety Administration (OSHA) is investigating the death of a worker who suffered a traumatic injury on Jan. 14 at a Chesapeake Appalachia gas well site in Sullivan County.

The Chesapeake Appalachia gas well site where the traumatic injury occurred on Jan. 14, 2011 is located on Elsroy Hill Road in Fox Township in Sullivan County. The worker who was injured on Jan. 14 at Chesapeake Appalachia's Fox Township site was transported by helicopter to Geisinger Medical Center in Danville, and he later died, Sullivan County Coroner Wendy Hastings confirmed.

He was pronounced dead by Montour County Coroner Scott Lynn, she said.

Hastings said she did not know the name of the worker who died.

A preliminary report from first responders at the scene was that the worker had suffered a traumatic head injury.

Chesapeake Energy has referred questions about the incident at the Fox Township site to Patterson-UTI Drilling Co., which is the company that the worker who died was working for. Patterson-UTI Drilling Co. was a contractor hired by Chesapeake Appalachia to work at the gas well site in Fox Township, according to Brian Grove, senior director for corporate development for Chesapeake Energy.

Patterson-UTI Drilling Co. has refused to provide any information to The Daily Review about the worker's death, saying in a written statement that Patterson-UTI Drilling "does not comment on confidential personnel matters involving individual employees."

In a separate section of the same article, the Review reported that Nomac drilling was fined $7,000.00 for safety violations related to a gas worker fatality in 2010 in Towanda Township. This amount of a fine does not seem like enough of a "sting" to Nomac's bottom line in order for them to change their practices. But it's at least something. In many, many instances, employers are not fined at all by OSHA, who is an overworked and under-funded agency.

Many issues faced by injured Marcellus gas workers

Given the fact that my office is in the heart of the Marcellus Shale gas fields in Northeast Pennsylvania, my firm has seen a huge increase in the amount of workers who have been injured while working at the gas drilling sites and/or working for the gas industry in other capacities, such as water tanker drivers, welders and general laborers. These gas industry cases have some unique issues that arise given the type of work performed and the type and location of employer.

1. One of the more common questions that arise is which state’s workers’ compensation law should apply? You would think that this would not be an issue since the injured worker was injured while working in Pennsylvania. And that is what Pennsylvania’s law calls for—if you are injured in PA then PA workers’ compensation law applies. But what I have been seeing in some cases is the employer attempting to apply the law of the state in which the employer is from. Many of the businesses that work in the gas fields are not based out of Pennsylvania, but are based out of states like Oklahoma, Texas and Tennessee, to name a few. For example, one of the largest gas companies working in this area, Chesapeake Energy, has corporate headquarters in Oklahoma City.

In many instances, these employers argue that the employee was actually hired in the other state and is thus subject to that state’s workers’ compensation laws. Once again, this is not accurate. In these cases, it does not matter where the employee was actually hired because once the injury occurs in Pennsylvania then that’s the state that will apply. Pennsylvania has one of the strongest workers’ compensation laws in the nation.

2. The second issue that I often see in these cases is injured workers fearful of actually reporting work injuries due to the threat of losing one’s job and being sent packing. Of course, this fear is prevalent in most industries, but it appears to be a big problem in the gas industry. One of the issues is that a lot of the workers are from out of state and they are paid a significant amount of money at these jobs. The idea is that if they “rock the boat” and complain about a work injury, then they will be sent back home and would be “blacklisted” and never be able to work again at a gas drilling site.

3. The most important issue, in my opinion, is that it’s dangerous work! I have seen many more fatalities in this industry than in any other type of industry in which I represent injured workers. There are more fatalities in the Marcellus Shale gas industry than even long haul truck drivers who are subject to truck crashes every day. It seems that at least once a month there is a newspaper article about the death of another gas worker. Just this week, in Potter County, a worker who was walking on a pipeline was struck by a truck and suffered a fatal injury. At this point I cannot tell if it is just dangerous work by nature or a significant lack of safety procedures on the drill sites. It is probably a combination of both, however.

If you are a gas industry worker and have been injured, please talk to an experienced workers’ compensation attorney before you sign anything for your employer.

Gas Pipeline Accidental Death in Potter County

From WETM:

A man was killed near a gas well pipeline after being accidentally struck by a truck. Authorities say 50-year-old Joseph Craig was walking on a gas pipeline in West Branch Township on Tuesday. While on the pipe a truck struck him. The Potter County coroner pronounced Craig dead at the scene. State police say no charges are filed after an investigation revealed the driver of the truck didn't see Craig.

It seems that these types of incidents are becoming a weekly occurrence in the counties of Northeast Pennsylvania.

More issues involving gas industry truck traffic

As my regular readers know, I am often pointing out the issues that have been created by the significant increase in truck traffic in Northeast Pennsylvania, specifically Bradford, Tioga, Sullivan and Susquehana Counties. I have written about many of the truck accidents that occur every day. But one of the issues of increased heavy truck traffic is the damage done to the roads. From The Towanda Daily Review:

Gas industry trucks are expected to cause additional damage to roads in Bradford County during this year's freeze-thaw cycle, an assistant maintenance manager with the state Department of Transportation.

"We expect some ... road breakage" to occur during the freeze-thaw cycle, said Warren Knapp, assistant maintenance manager for PennDOT in Bradford County.

Knapp said that he hoped that when the gas companies "see the road beginning to fall apart," they would take the pro-active step of ceasing to drive on the road so that area residents can continue to use it.

Knapp made his comments at a summit meeting on traffic and road issues that took place Tuesday at Bradford County's 911 center.

The summit meeting, which was organized on behalf of the Bradford County commissioners and the Bradford County Emergency Services Department, was also attended by officials from the state police and several gas drilling companies, all three Bradford County commissioners, the Troy and Towanda police chiefs, the Wysox and North Towanda fire chiefs, and representatives from the Bradford County Emergency Services Department and Bradford-Susquehanna EMS Council.

During last year's freeze-thaw cycle, there was "some very, very severe road breakup" in areas of Bradford County, with other areas receiving lesser damage, Knapp said. The damage has since been addressed, Knapp said.

Worker suffers 'traumatic injury' at gas well site in Sullivan County

From the Towanda Daily Review:

An individual suffered a traumatic injury Friday at a gas well site just west of Shunk in Sullivan County, the Sullivan County director of emergency services said.

There was a rig at the well site, said Sullivan County Emergency Services Director Sean Thibodeault, who added that he did not know if drilling was under way at the time.

Brian Grove, senior director for corporate development at Chesapeake Energy Corp., confirmed that the well pad site where the injury occurred was a Chesapeake Appalachia location.

Grove said that the injured person worked for Patterson-UTI Drilling Co., which is a contractor hired by Chesapeake Appalachia. The person was working at the site when the injury occurred, he said.

The injured worker was transported by helicopter to an area hospital, Thibodeault said.

The Wall Street Journal covers how the gas drilling boom has affected Towanda, PA

In an online slide show with accompanying article, the Wall Street Journal has written about how the gas drilling boom has affected Bradford County's capital, Towanda, PA.

See the slide show here.

Another gas worker fatality in the Marcellus Shale

There has been another gas worker fatality in Bradford County, Pennsylvania. In this unfortunate and sad instance, a dump truck driver hauling stone to a well site lost control of the truck and ran off the road. The accident occurred on Overton Road in Overton Township, Pennsylvania. Here is a link to an article on the incident from the Towanda Daily Review.

There was another Marcellus Shale gas drilling truck accident yesterday as well. A crane used at one of the drill sites overturned near Granville Township, Bradford County, Pennsylvania. Fortunately, the driver in this incident was not injured, as per the article about the incident in the Towanda Daily Review.

It appears that these types of truck accidents have been occurring on a regular basis. Why is that? Is it due to the amount of truck traffic on the road-- the more traffic will naturally generate more accidents? Is it that the gas workers are being worked too hard and not given enough down time? I don't know the answer.

Chesapeake Energy opens $7 million "Man Camp" in Athens Township

Finally, Chesapeake Energy and Nomac Drilling opened up the "Man Camp" in Athens Township, Pennsylvania. The facility will house approximately 276 employees of Chesapeake Energy and Nomac Drilling. The facility will also serve as a training center for new employees.

I hope the training will have a significant focus on safety. Carroll & Carroll, P.C. has handled many workers compensation cases for gas drilling employees, including drill site workers and truck drivers. Drilling sites can be dangerous places. There have been several employee deaths at the sites around Bradford County, Sullivan County, Tioga County and Susquehanna County.

Here are links to articles from the Towanda Daily Review and the Sayre Morning Times. The Daily Review article has an imbeded video presentation from a Nomac Drilling spokes-person.

The Eastern Training Center and Housing Facility, located on Lamoka Road, has 11 buildings, including six dormitories, a cafeteria, a training center, a non-smoking recreation center, a smaller recreation center for workers who smoke, and a laundromat.

Nomac Drilling LLC is a wholly owned subsidiary of Chesapeake Energy Corp

Questions remain in gas well accident in Tuscarora Township

From the Towanda Daily Review:

TUSCARORA TWP. - An accident Thursday at the Mowry natural gas well on Clapper Hill Road sent three people to the hospital and sparked an investigation into how the incident occurred.

Although scanner reports from Wyoming County Communications termed the accident an "explosion," Brian Grove, a representative from Chesapeake Energy Corp., which owns and operates the well site, insisted that no explosion occurred during the situation. Instead, Grove explained, what occurred was a "forceful uplift in tubing," which launched sections of tubing from the well bore into the derrick.

Two employees of a contract company at the scene were transported to a local hospital for evaluation and treatment of non-critical injuries, according to the press release. They were later released after treatment. A third contractor, who also suffered non-critical injuries, was later taken the hospital for treatment as well, and remains hospitalized as of 6 p.m. Thursday.

One of the interesting aspects of the influx in gas drilling is the amount of new gas workers coming to the area. So far, in our workers' compensation practice, it appears that the drilling companies are fairly safe-- there does not appear to be a signficant amount of accidents and injuries. Hopefully, it will stay that way.