Toxic Fumes Leaves One Employee Dead

In Theresa, WI, one man was accidentally killed and another was hospitalized after inhaling toxic chemicals while working at Vivid Image, Inc.

Vivid is a small business, owned by Thomas Persha, the hospitalized victim. The business manufactures screens for televisions and other video equipment. It is believed that Persha and another employee, Roman Torres, were mixing chemicals when the fumes accidentally leaked out in the process.

The two men were found unconscious by Persha’s wife, who had been calling the office for hours with no answer. When the paramedics came, they discovered Torres dead and Persha unconsious with extensive chemical burns and toxic fume inhalation.

Persha had to be decontaminated at the scene before being transferred to the hospital, where he is in stable condition. The owner of Vivid authorized an environmental services company to decontaminate the facility.

Meanwhile, the OSHA is investigating the reason behind the leak. Toxic chemicals like Toluene, Screen Coating, and Paraloid B were discovered at the scene. These dangerous chemicals can lead to comatose and death, which was the case with Torres.

It turns out that Vivid, Inc. had a similar situation a couple years ago at the same business. A UPS delivery guy discovered two men unconscious at the address and called 911. The incident was classified only as an ambulance call.

The question is, how safe are the safety procedures? According to the OSHA, because Vivid Image is a small-time operation, with just two employees, many federal safety reporting rules don’t apply, including documentation of work related incidents. 

Because of this lack of procedure, the OSHA did not know about the past incident. They have said that had they known, they would have investigated the business and its safety hazards.

Luckily, Vivid had registered the chemicals it stored at its facility and had a pre-plan on file with local authorities, which was a key factor in the rescue response. In the pre-plan, it states what chemicals were in the building and what it’s used for. It was available to the firefighters and rescue workers so they know what to expect. Unfortunately, a lot of businesses don’t make a complete list, which is why the OSHA does semi-annual inspections.

The inspections can be rather invasive which is why a lot of small business owners do not report injury incidents, nor do they have to, according to the current law.

If you or anyone you know has been a victim of toxic chemical inhalation, contact the experienced attorneys at V&B for free information and a free evaluation. Toll free: 888-473-1258.