What OSHA's investigation into a fatal incident at MHI in Norfolk might look like

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

When speaking to News 3 staff on Wednesday, workers entering and exiting the facility described the incident as a “freak accident” that doesn't normally happen.

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There were previous OSHA violations at the Norfolk shipyard where two men died

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 that OSHA is prioritizing its inspections. A category can be IDLH or Imminent Danger to Life and Health – top priority.

“The law requires employers where someone is killed on the job to notify OSHA within eight hours, and I think OSHA is on the scene very quickly to do an inspection and see what happens.” said Blando. “The regulation requires that any employee hospitalization, amputation or eye loss must be reported to OSHA within 24 hours, and OSHA will then also be on the scene very quickly.”

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

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News 3 reports from Marine Hydraulics after fatal industrial accident

“If they are rejected, they have a legal means to force the employer to admit them on site,” Blando said.

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

“The marine inspector will walk through the site and make observations. He has the opportunity to speak with other employees when necessary, and he collects information to determine whether there has been a violation of a specific professional norm or “if a hazard is identified that needs to be mitigated or remedied,” Blando agreed Greene.

After the inspection, there will be a final meeting at which the inspectors and the employer can discuss the findings and take remedial action.

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

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

“They have no legal right to enter a facility, but a facility may request that a NIOSH researcher come and help them evaluate the causal factors of a death in a very comprehensive manner. That's not legally enforceable, but that's something different. “The federal government provides employers and employees with a very complex and detailed test to identify the pathogens,” said Blando. “This may also be done if requested by the employer or employees in addition to the OSHA compliance enforcement actions available to them.”

OSHA then sets a deadline by which a facility must correct the identified violations.

This is a process that can take a while, especially for a complex shipyard like MHI.

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However, Adam Lotkin, a litigator at Rutter Mills who handles cases involving catastrophic injuries and maritime law, said OSHA will also consider important issues such as training and work environment protocols.

Additionally, Lotkin said time is of the essence.

“The longer things go on, the more people’s memories aren’t quite as sharp. Evidence is lost… when things are deleted, when videos disappear, when witnesses who saw something but may not have seen anything start to feel pressure from one of their colleagues, or from their superiors, or from their employers, the people, that they pay. You know this can be challenging,” Lotkin told Greene.

It is important to note that Lotkin has no connection to the incident at MHI.

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But he said a lawyer who may be defending a family that lost a loved one in an incident might look at video evidence.

“There are surveillance cameras. They’re everywhere,” he said. “So look for any surveillance video that may have captured the incident to see firsthand what happened.”

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

There were three violations at the company in 2021, one of which resulted in an employee breaking his foot. The cases of these incidents have been closed.