After Death Of Workers, Water Company Finds Itself Held Accountable Once More

The same company that is being sued for the deaths of two men at a wastewater treatment facility has found itself in hot water for some of the same safety violations.

It was last year that the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) found Cubic Water LLC in violation for the deaths of Carlos Ramos and John Barrow, according to the El Paso Times.

Cubic Water, which had been contracted by El Paso Water Utilities to replace a sludge pump, drew strong criticism after Ramos and Barrow were fatally trapped in a room that flooded with sludge at the Roberto R. Bustamante Wastewater Treatment Plant in the Lower Valley in October 2014

Priscilla Meraz, according to the El Paso Times, is suing the city of El Paso, TX, the El Paso Water Utilities Service Board, and Cubic Water LLC, for non-monetary relief of over $200,000.

El Paso Times reported that the damages that are being sought include the funeral costs, burial expenses, and physical pain and suffering experienced by Ramos.

Meraz’s lawsuit accuses Cubic Water of “negligence, including dangerous conditions, lack of care, lack of safety equipment and conscious indifference to the rights, safety and welfare of others.”

The company did receive a fine of $30,400, however, OSHA documents showed that the company was able to settle and get the penalties reduced to $18,000, the El Paso Times reported.

The agency followed up with an investigation soon after that lasted from February until August, according to the El Paso Times. According to OSHA documents, the company was fined for about $12,300 for “two instances of violating respiratory protection regulations and for failing to control hazardous energy.”

Manuel Villalobos, the owner of Cubic Water, said he is fighting the citations according to the El Paso Times.

“I’m talking to OSHA and we are going to court,” Villalobos said.

Occupational Safety and Health Administration documents show that Cubic Water LLC had been “cited with five serious violations in the deaths, including regulations for respiratory protection, occupational safety and health standards, and exposure to toxic and hazardous substances.”

The lawsuit states that the city and water utility “failed to exercise reasonable care” to ensure the sewage line was capable of withstanding the pressure of the sludge flowing through the line and opened the sewage line for testing knowing that Ramos and his co-worker were inside the room.

The lawsuit also claims that Cubic Water failed to provide Ramos with the proper equipment required to perform his work safely, including a respirator El Paso reported.

“Even though it knew that the workplace could contain raw sewage, it did not identify and evaluate the respiratory hazards of the workplace or estimate employee exposure to these hazards. It did not provide appropriate ventilation, testing or procedures to avoid exposure to respiratory hazards,” the lawsuit states.

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