Waco, TX — July 7, 2022, Robert McKenzie was killed at around 12:45 p.m. as the result of an accident where investigators say he fell while working.
OSHA officials said that the accident happened at Methodist Children’s Home, located at 1111 Herring Avenue. Details suggest that 63-year-old Robert McKenzie was doing maintenance work at the time. While on a ladder, it appears Robert McKenzie somehow fell and landed on concrete. He was fatally injured in the fall.
Commentary by Attorney Michael Grossman
Authorities didn’t include much else in their reports. However, the code OSHA listed as the alleged violation says as follows:
When work is performed less than 6 feet (1.6 m) from the roof edge, the employer must ensure each employee is protected from falling by a guardrail system, safety net system, travel restraint system, or personal fall arrest system.
OSHA Regulations 1910.28(b)(13)(i)
That seems to suggest that authorities had reason to believe there needed to be fall protection used for this work that allegedly was not used. If their allegations are true, why was that? Could it be a lack of oversight? Reckless supervisors? A lack of proper equipment? Has this employer faced accusations like this in the past but didn’t learn their lesson? Moreover, if a deadly mistake like this can happen, what other possible shortcomings does this employer have which could be putting others in danger?
Getting answers for a victim’s loved ones is important enough on its own, but a possible lack of safety in a place that claims to care for children is more than a little concerning, as well. Perhaps there is more to this story yet to be brought to light.
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