ABILENE, TX — A Texas electrician who suffered severe burns in an arc flash incident at a Nolan County cement plant has filed a lawsuit against Lone Star Industries Inc., doing business as Buzzi Unicem USA, claiming the company failed to ensure safe working conditions and violated federal safety regulations. The suit, filed in the U.S. District Court for the Northern District of Texas, seeks damages exceeding $75,000 for injuries Hank Carter sustained on April 2, 2024, at the Maryneal Cement Plant.
According to the complaint, Carter, a resident of Coleman County and employee of Design Solutions & Integration Inc. (DSI), was performing electrical work on medium voltage control (MVC) equipment manufactured by Eaton Corp. when the accident occurred.
Carter alleges he was drilling into a bus bar box atop the equipment when his tool contacted an energized horizontal bus, causing an electrical arc flash that electrocuted him and set his arm on fire. He was airlifted to a Dallas hospital, where he was treated for extensive burns to his extremities, loss of motor function in his hands, potential permanent nerve damage and other physical and mental injuries.
The lawsuit accuses Buzzi Unicem of multiple safety lapses, including failing to de-energize the equipment through proper lockout/tagout procedures, providing inadequate site-specific hazard training (limited to just 15 minutes covering 34 topics) and not supplying necessary protective equipment or manuals. Carter claims these failures violated regulations under the Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health Administration (OSHA), such as 30 CFR § 46.11 for hazard awareness and 30 CFR § 56.12016 for electrical safety.
The complaint highlights a subsequent MSHA inspection in May 2024, which issued citations to Buzzi Unicem for "high negligence" in workplace examinations and multiple electrical violations, including mislabeled breakers and control panels that could lead to fatal electrocution risks. These issues, according to the suit, created dangerous conditions that directly contributed to Carter's injuries.
Adding weight to the allegations, the lawsuit references a substantially similar incident at the same plant on Aug. 9, 2024. According to the Mine Safety and Health Administration (MSHA), an Eaton electrician, William Harger, 64, with 38 years of experience, was fatally injured in an arc flash while troubleshooting the MVC equipment. Harger died on Aug. 22, 2024, from burns to his arms and torso. MSHA's investigation into Harger's death resulted in citations against Buzzi Unicem for failing to lock out and tag out the electrical circuit, ensure proper PPE and provide adequate site-specific training. The agency classified the accident as preventable, noting the mine operator and contractor did not follow basic safety protocols.
The lawsuit asserts that Buzzi Unicem had the primary responsibility to prevent unsafe conditions at the mine, yet systemic failures persisted, leading to the plaintiff's severe injuries and, tragically, another worker's death just months later. Tiffany Sheppard from The Carlson Law Firm's San Angelo office is representing the plaintiff.
Buzzi Unicem USA, a subsidiary of Italian-based Buzzi Unicem S.p.A., operates the Maryneal Quarry and Mill, which produces cement and has a history of MSHA citations in 2024, including violations related to electrical safety and workplace hazards. The company was also subject to MSHA impact inspections in May 2024 due to elevated enforcement concerns.
As of this reporting, Buzzi Unicem has not filed a response to the lawsuit. The case, Hank Carter v. Lone Star Industries Inc. d/b/a Buzzi Unicem USA, is pending before the Abilene Division and includes demands for past and future medical expenses, pain and suffering, lost wages and other damages. Carter has requested a jury trial.
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