MARSHALL, TX (KSLA) -
As an East Texas business works with the Occupational Safety and Health Administration, Marshall Pottery officials have released a statement on their progress.
Earlier this year, Arturo Gonzales died when attempting to perform maintenance to a 300-foot kiln.
In October, Marshall Pottery was fined with 31 violations, totaling $829,891. Some violations include respiratory protection, portable fire extinguishers, occupational noise exposure, permit-required confined spaces, unsafe scaffolding, among others.
As of Nov. 1, the two inspection lists (here and here) total 39 violations with a grand total of $545,160 in fines.
Below is a statement from Morris Jones, Marshall Pottery's HR Manager:
On Sunday April 16, 2017, an industrial accident at Marshall Pottery, Inc.'s Marshall, Texas plant resulted in the loss of a cherished and invaluable member of our team.
As a result of this tragic occurrence, a comprehensive internal investigation was undertaken by Marshall Pottery and a formal OSHA investigation was completed. These investigations took place over the course of several months and identified areas in which improvements were necessary.
At the conclusion of the initial investigations, and prior to restarting operations, Marshall Pottery worked with teams of safety professionals and contractors to make all of the improvements that were identified as necessary. Marshall Pottery also provided comprehensive safety-related training to its representatives and employees. Marshall Pottery proceeded to an Informal Conference with the OSHA Area Director on October 24, 2017.
At that time, Marshall Pottery conveyed its gratitude to OSHA for the comprehensiveness of the OSHA investigation and the significant investment of time and resources that OSHA's investigating officers and directors afforded Marshall Pottery. Marshall Pottery also presented OSHA with extensive documentation that evidenced Marshall Pottery's abatement of the hazards that were identified during the investigations, and documentation evidencing the implementation and enforcement of a comprehensive and energetic safety program. Marshall Pottery then entered into a settlement agreement with OSHA that called for a significant reduction of the proposed penalties.
Marshall Pottery has been a part of the East Texas community for more than 100 years. Marshall Pottery has the distinction of being the largest manufacturer of terra cotta pottery in the United States of America, and Marshall Pottery has employed hundreds of local residents in gaining and maintaining this distinction.
Marshall Pottery remains committed to providing employment to as many members of our community as possible, and Marshall Pottery is more committed than ever to providing its employees with a place of employment that is free of hazards.
Gonzales' family has filed a wrongful death lawsuit against Marshall Pottery.
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Marshall Pottery fined by OSHA for nearly $830,000
Wednesday, November 1st 2017
By KSLA Staff
(Source: Nick Lawton, KSLA) MARSHALL, TX (KSLA) - An East Texas business is working with the Occupational Safety and Health Administration to hopefully reduce the fines from inspections done earlier this year.
On Oct. 11, Marshall Pottery, Inc. was fined with 31 violations totaling $829,891.
Some of the violations include respiratory protection, portable fire extinguishers, occupational noise exposure, permit-required confined spaces, unsafe scaffolding, among others.
As of Nov. 1, the case status listed on OSHA's web page is listed as "pending abatement of violations, penalty payment plan in place." However, this is still an open inspection. Penalties and fines may be removed or added.
As of Nov. 1, the two inspection lists (here and here) total 39 violations with a grand total of $545,160 in fines.
KSLA has reached out to Marshall Pottery for a comment.
Earlier this year, a worker died when attempting to perform maintenance to a 300-foot kiln. The family of Arturo Gonzales has filed a wrongful death lawsuit against Marshall Pottery.
OSHA confirmed that they also have their own open investigation into Gonzales' death, which they launched back on April 18th.
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Family sues ArkLaTex plant where man died in kiln
Wednesday, May 24th 2017, 10:24 am EST
Posted by Curtis Heyen, Digital Content Producer
By Nick Lawton, Reporter
Marshall Pottery is facing a wrongful death lawsuit from the family of one of their managers killed in an accident inside the plant back in April. (Source: Nick Lawton, KSLA)
The family of a man killed in a kiln at an ArkLaTex plant has filed a wrongful death lawsuit against that plant.
The petition against Marshall Pottery alleges that Arturo Gonzales died when he went into a 300-foot kiln to perform maintenance the night of April 16.
The lawsuit reads that the plant was negligent because an automated system suddenly closed the doors and the kiln began heating up with Gonzales in it, killing him inside.
"It's our hope that what we're going to do is shed a great deal of light on what this industry is supposed to have to make sure that individuals such as the Gonzales family never in the future have to endure such a tragic loss," the family's attorney, Brent Goudarzi, said.
The family hired Goudarzi out of the Goudarzi and Young law firm in Gilmer, Texas.
According to Goudarzi, his firm has decades of experience with wrongful death lawsuits, earning them many awards including the 2014 Litigator Award presented by the Trial Lawyers Board of Regents.
"You uncover every rock that's out there and you let your opponent, the defendant in this case, understand that you will not stop," Goudarzi told KSLA. "You'll bring every talent you have to bear and every resource you have to bear until justice is served. That's what we've done for 20 years and I can promise you, that's what we'll do for this family."
The Gonzales family is suing Marshall Pottery for Negligence and Gross Negligence, alleging in their lawsuit that the plant failed to provide a safe work environment for Gonzales, failed to supervise their employees and failed to install emergency kill switches on the kiln.
"Without question, there were numerous safeguards that should have been in place at the Marshall Pottery but for those safeguards being there, this tragedy would have never occurred," said Goudarzi.
In accordance with Texas Rule of Civil Procedure 47, Gonzales' family is seeking monetary relief of over $1 million which Goudarzi said that is subject to change once more discoveries are filed in the case.
"There's going to, of course, be some medical bills," he said, listing the family's damages, including the cost of the funeral.
"There's loss of a father. There's clearly pain and suffering."
Gonzales is survived by his wife, Evelia Rios, and their three children.
OSHA confirmed to KSLA they also have their own open investigation into Gonzales' death, which they launched back on April 18th.
According to Goudarzi, Marshall Pottery has not responded to their lawsuit so a trial date at state court in Harrison County has not been set yet.
Marshall Pottery did release this statement to KSLA on Tuesday:
"We at Marshall Pottery are deeply saddened and still in shock over the death of Arturo. He was a respected and well-liked member of the management team. Marshall Pottery is working closely with all authorities to try and determine exactly what happened and take steps to ensure that something this tragic does not occur again. Our prayers and thoughts are with Arturo's family and words cannot express the sorrow we feel for them."
Goudarzi said they hope a trial will bring to light every detail leading up to Gonzales' death.
"Nobody, and I repeat, no family should ever have to endure what this family's currently going through," he said.