CWA Memorializes the Death of Kevin Mashburn, CWA Local 6360

During the early morning hours of September 19, 2012, Kevin Mashburn, 59 years old and a 41-year employee- a member of CWA Local 6360, Kansas, City, Missouri-employed as a technician by AT&T, was performing non-critical work on a telecommunications cross-box when he was assaulted and beaten over the head with a tire-iron. Although he suffered severe head injuries, he managed to pull himself into the company vehicle and send a message to dispatch. He attempted to drive away, but, overcome by his injuries, crashed the vehicle into a nearby ditch. Shortly thereafter, he was found by police unconscious in the vehicle. He was rushed to a nearby hospital where he died.

Subsequent to Federal OSHA conducting its fatality investigation, on March 25, 2013, the Agency issued a Serious citation against AT&T for violation of Section 5(a)(1), the General Duty Clause, of the Occupational Safety and Health Act. Section 5(a)(1) establishes the employer’s duty under the law to provide his or her employees’ a workplace free of recognized hazards which cause or are likely to cause death or serious physical harm. In the citation, OSHA stated:

 “The employer failed to ensure employees needing emergency assistance have a means of continuous communication to readily summon assistance when needed. This violation most recently occurred on or about September 19, 2012, when an employee was injured while conducting fieldwork and was not able to make positive contact with anyone to communicate his need for emergency assistance. Approximately 19 minutes elapsed between time of injury and the moment someone became aware the employee was attempting to summon emergency assistance and 50 minutes before emergency assistance was able to locate the injured employee; the employee died of his injury.” (Emphasis added)

At this time, AT&T has contested the charges seeking to have the citation vacated/revoked. CWA Local 6360 has requested Party Status with OSHA, thus allowing for the union to be involved in and have knowledge of all aspects of this case. The CWA Occupational Safety and Health Department will continue to work with Local 6360 to ensure a fair and just settlement of this horrible tragedy.