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What OSHA’s investigation into the fatal incident at MHI in Norfolk might look like
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What OSHA’s investigation into the fatal incident at MHI in Norfolk might look like

NORFOLK, Va. — The Occupational Safety and Health Administration (OSHA) told News 3 it could take at least six months to investigate what led to the deaths of two employees Wednesday at Marine Hydraulics International’s Norfolk facility.

When speaking with News 3 crews Wednesday, workers walking in and out of the facility described the incident as a “freak accident” that doesn’t normally happen.

Watch: Second shipyard worker dies in industrial accident reported at Marine Hydraulics in Norfolk

The Norfolk shipyard where two men died had a history of OSHA violations

Jim Blando, assistant professor and chair of the Department of Epidemiology, Biostatistics and Environmental Health at Old Dominion University, told News 3’s Jay Greene OSHA prioritizes their inspections. One category may be IDLH or immediately dangerous to life and health – a top priority.

“The law requires employers who have someone who is killed on the job to notify OSHA within eight hours, and I think OSHA is very prompt to come out to the scene to do an inspection and see what’s going on,” Blando said. “The regulation requires that any hospitalization of an employee, an amputation, or the loss of an eye that OSHA must be notified within 24 hours, and then, similarly, OSHA will be on the scene very promptly.”

Once OSHA arrives on site, Blando says the inspectors have a right of entry, and the employer cannot deny access.

Watch: News 3 reports from Marine Hydraulics after fatal industrial accident

News 3 reports from Marine Hydraulics after fatal industrial accident

“If they’re denied, they have legal means to force the employer to allow them on the field,” Blando said.

After an initial conference, the site will be toured with OSHA inspectors and a company representative, and someone representing the employees may also be present.

“The ocean surveyor will go through the site and make observations. They have the ability to talk to other employees if they need to and gather information to determine if there is a violation of a certain occupational standard or if there is a detected hazard that needs to be mitigated or corrected,” Blando told Greene.

After the inspection, there will be a closing conference where the inspectors and the employer can discuss what was found and remedy the situation.

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The US Navy is taking a closer look at faulty welding at Newport News Shipbuilding

“If you can figure out the causative factors, we can prevent these things from happening,” Blando said.

In addition to the OSHA inspection — which is related to compliance — Blando said the National Institute for Occupational Safety and Health — can step in to offer suggestions on how workplace managers can ensure worker safety.

“They don’t have the legal right to go into a facility, but a facility can request that a NIOSH researcher come in and help them very comprehensively evaluate the causative factors of a fatality. So while this is not legally enforceable, this is another thing that the Federal Government is giving employers and employees a very complex and detailed investigation to identify the causative agents,” Blando said. “This can also be done if requested by the employer or employees in addition to the OSHA compliance enforcement action they have.”

OSHA will then give a deadline for when a facility must address the identified violations.

It is a process that could take some time, especially for a complex shipyard like MHI.

Watch: Newport News Shipbuilding finds faulty welds on submarines and planes

Newport News Shipbuilding found that it had intentionally defective welds

However, Adam Lotkin, an attorney at Rutter Mills who handles cases dealing with catastrophic injuries and maritime law, said OSHA will also look at key points such as training and environmental protocols thing.

Additionally, Lotkin said timing is critical.

“The longer things go by, people’s memories aren’t as sharp. Evidence gets lost… if things get deleted, if videos disappear if witnesses who saw something but may not have seen something start to feel the pressure either from their peers. or from their supervisors or employers, the people who pay them. You know it can be a challenge,” Lotkin told Greene.

It is important to note that Lotkin has nothing to do with the incident at MHI.

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But he said a lawyer who might defend a family who lost a loved one in an incident could look at the video evidence.

“There are surveillance cameras. They are everywhere,” he said. “So we’re looking for video that might have captured surveillance video that might have captured what the incident was, to see firsthand what happened.”

According to 2021 online records, MHI has had OSHA violations totaling tens of thousands of dollars.

In 2021, the company had three violations, one of which ended with an employee breaking his leg. The cases in those incidents are closed.