The Crimes of Trump's OSHA Chief Nominee FedEx VP Scott Mugno

Texas Family files wrongful death lawsuit in FedEx mechanic death at Lubbock airport

http://www.kcbd.com/story/36727763/family-files-wrongful-death-lawsuit-in-fedex-mechanic-death-at-lubbock-airport

Tuesday, October 31st 2017, 8:52 am PST
Tuesday, October 31st 2017, 10:45 am PST
By Amber Stegall, Digital Content ManagerCONNECT



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Michael Merton (Source: Facebook)

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FedEx plane at the Lubbock airport (Source: KCBD)
LUBBOCK, TX (KCBD) -
The law firm of Glasheen, Valles & Inderman has filed a wrongful death lawsuit against FedEx Freight, Inc. in Lubbock County District Court Tuesday on behalf of Tandi Wagner and Kristi Ramirez for the wrongful death of their father, 60-year-old Michael Merton. Merton was killed on October 17 when he was crushed inside of the airplane on which he was working.

Officials have not released any identifying information or specifics on what happened and FedEx officials said they were cooperating with the investigative authorities.

Officials with the FAA released a statement saying, "We will investigate the accident to determine whether the maintenance was being performed in accordance with approved safety procedures and if the mechanic had received adequate training."

FedEx officials also issued a statement saying, "We are deeply saddened by this tragic accident. Our thoughts and prayers are with the family, friends and colleagues affected by the loss of our team member. We are cooperating fully with investigating authorities."

The lawsuit is the first information provided to the media about what possibly happened that day.

The lawsuit names FedEx Freight, Inc., Merton’s employer, as the sole defendant, and it alleges that FedEx failed to train its employees regarding safety procedures, failed to follow safety procedures, and failed to provide a safe place to work. The plaintiffs in the lawsuit are seeking exemplary damages for the loss of their father.

Kevin Glasheen, the attorney for the plaintiffs, said one of the reasons for filing the lawsuit was the complete lack of information and communication from both FedEx and the Federal Aviation Administration.

"My Clients want to know why their Dad died, and they want to make sure this doesn’t happen to anyone else. These kinds of work injuries are usually a failure of the lockout/tagout procedure that’s supposed to make sure machinery isn’t activated during maintenance. That will be our first line of inquiry," said Glasheen.

FedEx fatal wreck

Scott Mugno and the American Trucking Association want to carry 120,000 lbs. on the road.

Mugno claimed at the Congressional hearings that he was concerned about health and safety but his real record shows him as reckless and criminally negligent in protecting the health and safety of workers and the public at the company.

FedEx Ground uses independent contractors who are coerced to violate labor and health and safety laws to keep their jobs.

Another Scott Mugno Crime At FedEx: As a family mourns the loss of the man killed in Sunday morning’s workplace accident at the FedEx hub in Memphis, the shipping company faces another investigation after its third death in five years.

FedEx employee killed in accident, company facing OSHA investigation
As a family mourns the loss of the man killed in Sunday morning’s workplace accident at the FedEx hub in Memphis, the shipping company faces another investigation after its third death in five years.
OSHA fined FedEx $4,000 for “serious” violations after Warren’s death in 2014, according to a report obtained by FOX13. Hawkins said investigators determined FedEx failed to provide a workplace free of safety hazards, and the fines were charged to penalize the company.
http://www.fox13memphis.com/news/fedex-employee-killed-in-accident-company-facing-osha-investigation/9296783

Updated: Nov 22, 2015 - 2:45 PM
As a family mourns the loss of the man killed in Sunday morning’s workplace accident at the FedEx hub in Memphis, the shipping company faces another investigation after its third death in five years.

Chris Higginbottom, 39, a single father of two twin boys, was killed while working an early morning shift Sunday.

“He's a great father, he's a great uncle, he's always opened his door for someone,” Jeanetta Harris, the victim’s niece, told FOX13. “I was struggling at the time and I didn't have no one. He opened up his home to me and my kids.”Police said Higginbottom died after crashing a “tug” he was driving into a parked trailer. The man was found dead underneath the tug’s loaded trailer, according to MPD.

A tug is a large vehicle used to move merchandise to and from FedEx airplanes and the warehouse.

“He was dedicated to his job,” Evelyn Higginbottom, the victim’s sister, said. “No matter how many hours they asked him to work he worked it.”

The Occupational Safety and Health Administration (OSHA) is conducting an investigation following Higginbottom’s death. FedEx is required by law to report deaths and injuries to OSHA, making the investigation standard procedure.

This is the third time in five years the company has been investigated, according to reports obtained by FOX13. The company has faced fines for as much as $5,200 for workplace safety violations.

Steve Hawkins, administrator for Tennessee’s OSHA, said the maximum fine companies can be charged is $7,000.

After looking through previous OSHA investigations, FOX13 discovered similar reports and incidents in the past. In each case, an employee either fell off of heavy equipment, or heavy equipment fell on top of the employee.

In 2011, a tug operator fell off one of the tugs, injuring his knee. The knee became infected in the hospital, and ultimately led to his death.

OSHA fined FedEx $2,400 for various workplace violations. Hawkins said each of the violations was unrelated to the incident that led to the man’s death. Violations included machinery issues and other safety concerns.

In 2014, another material handler lost his life on the job. Chandler Warren, 19, was crushed under a platform when authorities say he reached under it while it was being lowered.

OSHA fined FedEx $4,000 for “serious” violations after Warren’s death in 2014, according to a report obtained by FOX13. Hawkins said investigators determined FedEx failed to provide a workplace free of safety hazards, and the fines were charged to penalize the company.

FedEx released the following statement, following the fatal accident Sunday morning:
“This is tragic and our hearts are heavy with sadness over the loss of a FedEx team member following an early-morning accident at our Memphis Hub. Our prayers and deepest sympathy are extended to his family. We are working with local authorities in their investigation.”
FedEx had no further comment when questioned about safety concerns at the hub in Memphis.
The victim’s sister told FOX13 Higginbottom was excited about an upcoming promotion.
“They were getting ready to have a party for him because he was getting ready to go into that position,” Evelyn Higginbottom said. “I told Chris, when you do a good job and you work hard that's what happens.”

Higginbottom was described by family members as a loving father of two teenaged boys, a hard worker, and a man who opened his arms to friends and family when they needed support.

“It's hard,” Harris, the victim’s niece, told FOX13. “He's a really great uncle. All he does is work, take care of his kids and come home.”

Higginbottom’s kids were in school Monday, the day after they found out their father was dead.

“They wanted to go to school and let their father know that they still want to do right,” Evelyn Higginbottom said. “They decided they wanted to go to school.”

FedEx has a deadly record of deaths on the road but not one company executive has been prosecuted. Now Trump is nominating this criminal company VP Scott Mugno to be in charge of OSHA