Why is Tyler Pipe Foundry still in business?

**conradd** · #1 01-09-2003, 12:21 AM

Can't OSHA shut down a factory that is so indifferent to worker safety?

Quote:

Behind a high metal fence lies a workplace that is part Dickens and part Darwin, a dim, dirty, hellishly hot place where men are regularly disfigured by amputations and burns, where turnover is so high that convicts are recruited from local prisons, where some workers urinate in their pants because their bosses refuse to let them step away from the manufacturing line for even a few moments.

Quote:

Since 1995, at least 4,600 injuries have been recorded in McWane foundries, many hundreds of them serious ones, company documents show. Nine workers, including Mr. Hoskin, have been killed. McWane plants, which employ about 5,000 workers, have been cited for more than 400 federal health and safety violations, far more than their six major competitors combined.

The Mr. Hoskins referenced in the above quote was assigned to fix a conveyor belt that was not shut down during repair (as required) and did not have safety guards installed (also required). If he had survived, he would have been subject to disciplinary action by a company who has repeatedly put profits before worker safety.

How can a company like this stay in business? I'm truly appalled.

PBS will air a Frontline documentary on this subject, focusing on Tyler, tomorrow (1/9/02) night at 9:00 p.m. CBC is airing a related show tonight.

Deb

eplovejoy · #2 01-09-2003, 05:18 PM

The company probably has friends in high places.

Tyler Pipe Foundry must be one of the companies that is secretly advising the Bush administration. I challenge Dick Cheney to prove otherwise.

mnehr · #3 01-09-2003, 09:08 PM

As someone who does not live very far from the foundry and knows many people who work there I would like to say that this story is grossly misleading in the least, is on the verge of containing outright lies and is far outdated.

A lot of what you are reading was remided over a year ago and is only popping up again as a group of disgruntled workers who were recently laid off decided to 'break' some stories to the news.

What the NYT does not report in this article is that many allegations (such as doing away w/ 401k plans and soap) were not true and that the injury numbers used by the NYT were taken from claims to the workers comp administration and does not say that many were denied as unsubstantiated WCC claims. One more item to note is that NYT also does not state that TPF also had a practice of requiring every person who had the slightest injury (including minor burns) to report those to WCC simply for legal reasons. As anyone who has ever worked in a foundry, or heck, even around welders, can tell you, burns are common place and when taken into account, make the numbers stated seem quite reasonable.

Yes, there were some hazards and some injuries, however, those were already addressed a long time ago, each on their own merits. I will find some local news articles as well as the rebuttals that have already been given by OSHA on the numbers used in the article that were used on the news recently...

**conradd** · #4 01-09-2003, 09:14 PM

If workers were required to see the company doctor for work-related injuries and were disciplined up to and including dismissal for filing claims, I'm not surprised that many of the claims were "unsubstantiated". It's harder to explain away the dead bodies though and there seem to have been a fair number of those.

Deb

mnehr · #5 01-09-2003, 09:36 PM

Quote:

were disciplined up to and including dismissal for filing claims

According to what I have seen, this is one of the items that were claimed, however, were not proven in court. Basically this seems to have been made up..

brian_igo · #6 01-19-2003, 10:59 AM

Matthew-find those stories yet?

I ran "Tyler Pipe" through Google this morning. Through the first 500 responses there was not one link to a news story challenging the accuracy of the NYT/PBS reports.

There was coverage by Dallas and Houston media outlets detailing various fatal accidents at Tyler, and an OSHA release about Tyler Pipe pleading guilty in 2002 to negelgence in the death of a worker and agreeing to pay a $250,000 fine. This came on top of a $1.015 million fine paid in 2000 for failing to correct unsafe working conditions previously cited at the plant.

Nothing about erroneous reporting by the Times or PBS.

I finally tracked down the coverage of this story in your local paper, the Tyler Morning Telegraph. You've probably already seen it, but for everyone else an index of their coverage is here.

The closest I can get to your claim is the content of a full page ad purchased by Tyler Pipe in the Telgraph last Sunday.

Nothing about requiring workers to fill out paperwork for "welder" burns. (A comical claim. If that were the case there would be 4,600 injury reports coming out of Tyler every six months instead of for all the McWane plants over a six years.) Nothing claiming that "many of the injuries were denied as unsubstantiated WCC claims".

If none of this is showing up in the paper for the town where it is happening, exactly where is is being reported?

Brian

AnonEmployee · #7 03-21-2003, 02:36 AM

I just wanted that person that posted about disgruntled employees spilling to the press to know this little tidbit. I hurt my back at Tyler Pipe. I had to x-ray and MRI to prove it. I went through painful steroid injections and painful physical therapy. I was denied workers compensation by the head of Human Resources at Tyler Pipe because he said he didn't believe me and that I was lying. I had medical records to prove it. I was off work for three months. I was back for 8 days and an obvious target for termination when my supervisor told me.

Go get the mud mixer, cut the "out of service" tag off the machine, use the machine, replace the "out of service" tag, and move the machine back out of the department. I said the mixer was out of service...he said for me to do what he told me to do. I said it is out of service for electrical problems and no guards, he said DO IT NOW. I refused because I thought it to be unsafe to cut off the out of service tags, use the machine, and then put the tag back on.

I was sent home immediately and told to report Monday of the NEXT week for a meeting. They gave me 30 days suspension without pay and probation for 12 months.

I have written my congressman, filed a grievance, and have been done wrong by this company too many times now.

So, to the man that says the employees are JUST disgruntled....I say WORK in the EMPLOYEES shoes and put yourself in danger just because they ORDER you to and see how you feel.

mnehr · #8 03-21-2003, 10:46 AM

So,
Why did you not file a lawsuit? If this were gross negligence on TPs part that went unresolved, your next recourse would be to file a civil suit against the company. Also, did you file a grievance with the TDL? Rarely do I see them take sides with the company unless the claim is bogus.

I know many lawyers here in East Texas that will gladly take on a case like this for contingency.. hell, make a statement, sue for 20 mil...

I only posted regarding employees just lashing out for being laid off based upon a news report I saw, which I admit, could be full of TP propaganda (I have been unable to find web versions of the story other than TP corporate news releases...)

I would suggest taking this story to KTYL news station, after your lawyer gives you the clear.. but.. just filing a grievance with in any company won't do the trick...

Also, I have no idea what your congressman can do.. frankly, they make laws.. if TP is already breaking laws you have to deal with the enforcement with those..

Plus you have the delimma where TP is a Mississippi company that just has a plant here.. you will have to deal with legal issues in both states...

Again.. I just suggest you file a lawsuit...

AnonEmployee · #9 03-21-2003, 10:57 AM

KLTV taped an interview at my house already. The New York Times has already called as well as NBC56. We have a private investigator and an attorney and I think the Head of Human Resources was fired. I honestly don't think OSHA is doing their job either. They told me that unless I was within 5 minutes of losing my life that I should have used the mixer. Will keep you posted as to what happens.

AnonEmployee · #10 03-21-2003, 11:04 AM

I sent you a private message that I know for a fact that Tyler Pipe targets employees and you wrote back

yeah right....
nice spam....

That wasn't spam....I wasn't trying to spam you. I just stated a fact that they DO target employees for termination. There are over 100 employees suing for wrongful termination after being hurt on the job. It isn't just BS, it's a true fact. We are upset and we are trying to bring it out to the public about what they are doing. If there wasn't a problem, it wouldn't be receiving national attention.

mnehr · #11 03-21-2003, 11:20 AM

Sorry,
I saw that before I saw your messages..

It looked just like the thousands of Spam messages I receive saying 'you could be next.. free legal advice'

AnonEmployee · #12 03-21-2003, 11:23 AM

Apology accepted....tensions are high here and I apologize for becoming defensive.

AnonEmployee · #13 05-17-2003, 02:26 PM

Just as an update as to what happened......

I filed my grievance, signed the papers, and waited to hear from them. After numerous...I mean, NUMEROUS calls, I found out that my grievance was NEVER filed. It NEVER made it anywhere, it was mysteriosly LOST! I talked to Tyler Pipe after my 30 day suspension was lifted and they said my grievance was never filed by the Union and it was "dead in the water." This is how they work! My Union rep NEVER filed it.

**conradd** · #14 05-20-2003, 01:59 PM

Wow. What recourse do you have? Is there a State Labor Board you can go to?

Deb

mnehr · #15 07-25-2003, 11:35 AM

Tyler Pipe in Trouble Again

OSHA is on this one.