NORFOLK, Va. — The Occupational Safety and Health Administration (OSHA) told News 3 it could take at least six months to investigate what led up to the deaths of two employees Wednesday at Marine Hydraulics International's Norfolk facility.
When speaking with News 3 crews Wednesday, workers coming in and out of the facility described the incident as a "freak accident" that doesn't normally happen.
Watch: 2nd shipyard worker dies following reported industrial accident at Marine Hydraulics in Norfolk
Jim Blando, assistant professor and chair of the Epidemiology, Biostatistics and Environmental Health Department at Old Dominion University, told News 3's Jay Greene OSHA prioritizes their inspections. One category may be IDLH or immediately dangerous life and health—a top priority.
"The law requires that employers who have someone who gets killed at work must notify OSHA within eight hours, and I think OSHA is very prompt in getting out on site to do an inspection and see what happens," Blando said. "The regulation requires that any inpatient hospitalization of an employee, an amputation or loss of an eye that they have to notify OSHA within 24 hours, and then, similarly, OSHA will very promptly get out on site."
Once OSHA arrives on site, Blando says the inspectors have a right of entry, and the employer cannot refuse access.
Watch: News 3 reports from Marine Hydraulics after deadly industrial accident
"If they are refused, they have a legal means to compel the employer to allow them on site," Blando said.
After an initial conference, the site will be walked through with OSHA inspectors and a company representative, and someone who represents the employees may also be present.
"The ocean inspector will walk through the site, and make observations. They have the ability to talk to other employees, should they need to, and they collect information to make a determination as to whether there is a violation of a given occupational standard or if there is some hazard detected that needs to be abated or corrected," Blando told Greene.
After the inspection, there will be a closing conference to where the inspectors and the employer can discuss what was found and remedy the situation.
Watch: U.S. Navy takes closer look at faulty welding at Newport News Shipbuilding
"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—may step in to offer suggestions on how workplace managers could worker safety.
"They do not have a legal right to enter a facility, but a facility can request that a researcher from NIOSH come and help them very comprehensively evaluate the causative factors of a fatality. So while that's not legally enforceable, that is another thing that the federal government provides to employers and employees—a very complex and detailed investigation to identify the causative agents," Blando said. "That also can be done if it's requested by the employer or the employees, in addition to the OSHA compliance enforcement action that they have."
OSHA will then give a deadline for when a facility must address their identified violations.
It's a process that could take a while, especially for a complex shipyard like MHI.
Watch: Newport News Shipbuilding finds faulty welds on submarines and aircrafts
However, Adam Lotkin, a trial attorney at Rutter Mills who handles cases dealing with catastrophic injuries and maritime law, said OSHA will also look at key points like training and work environment protocols.
In addition, Lotkin said time is critical.
"The longer things go, people's memories aren't quite as sharp. Evidence gets lost...if things get erased, if videos go away if witnesses that have seen something but may not have seen something start to feel pressure from either their colleagues or from their supervisors or from their employers, the people that pay them. You know that can be a challenge," Lotkin told Greene.
It's important to note Lotkin has no connection to the incident at MHI.
Watch: Secretary of Navy, Labor promote maritime industry during visit to Newport News
But he said an attorney who might be defending a family who lost a loved one in an incident might be looking at video evidence.
"There are surveillance cameras. They're everywhere," he said. "So looking for video that might have captured surveillance video that may have captured what the incident was, to see firsthand what happened."
According to online records as recent as 2021, MHI had OSHA violations adding up to tens of thousands of dollars.
In 2021, the company had three violations, one that ended with an employee breaking their foot. The cases in those incidents are closed.
