Mapping the lives and deaths of workers: An emerging way to tell the story of occupational health and safety

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Today’s post was shared by Gelman on Workplace Injuries and comes from scienceblogs.com

You can’t get more of a big-picture perspective on a problem than by using a map of the globe. I also think being able to quantify a tragic problem like “occupational death, illness or disaster” makes it more real to more people, in addition to those who experience it, or work with it every day, like employees of the firm do.

The Global Worker Watch project and the Center for Construction Research and Training’s Fatality Map leads to more attention to these tragedies, according to a research analyst at the Center for Construction Research and Training.

“‘(The maps) help bring life to the data instead of just looking at the numbers,’ West told me. ‘The visual aspect and the ability to interact help draw some attention to the problem,’” said Gavin West, the research analyst.

I know the map has motivated me to consider some future blog posts using some of the raw data, and I encourage you to read and explore the information yourself to both honor those who were killed or hurt at work and also obtain information about workplace conditions both close to home and at various spots on the globe.

When Bethany Boggess first debuted her online mapping project, she didn’t expect it to attract so much attention. But within just six months of its launch, people from all over the world are sending in reports and helping her build a dynamic picture of the lives and deaths of workers.

The project is called the Global Worker Watch and it’s quite literally a living map of worker fatalities and catastrophes from around the globe. When you go to the site, you’ll see a world map speckled with blue dots, each representing a reported occupational death, illness or disaster. Here are just a few I randomly clicked on: In March in Pakistan, four workers died and 18 were injured when a gas cylinder exploded at a gas company. Also in March in Gujarat, India, two workers died of silicosis, an occupational disease caused by the inhalation of silica dust. Three workers have died in the mines of Coahuila, Mexico, since January. In February, a worker at an Iron County mine site in Utah died after getting trapped on a conveyer belt. Just a few days ago, a worker in the United Kingdom died after falling from an electricity tower. And in May, police in Cambodia opened fire during a labor protest, killing four people.

“Obviously, I’m only capturing the tip of the iceberg,” said Boggess, a 26-year-old epidemiology student at the University of Texas School of Public Health in Austin. “But if I’m just one person and I can do this in six…

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Truckers Fired Over Workers’ Comp Claim: What to Do Next

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Truck drivers have a remedy if fired for making a workers’ compensation claim.

A recent award of over $100,000 to a truck driver who was fired for making a workers’ compensation claim illustrated the protection drivers have under the Surface Transportation Assistance Act (STAA). New Prime of Springfield, Mo., had to pay the former employee lost wages, compensatory and punitive damages. “The company must also expunge the complainant’s employment and DAC Report records of any reference to his unlawful termination,” according to the article above. 

The Occupational Safety and Health Administration (OSHA), which is often criticized for a variety of reasons, enforced anti-retaliation laws that protect truck drivers who are unfairly punished for taking steps to protect their health and financial welfare. These laws can also be enforced through lawsuits as an alternative to the OSHA administrative process. 

Truck drivers need to be aware of this protection. Truck drivers also need to know that OSHA and the Federal Motor Carrier Safety Administration (FMCSA) have just announced an agreement to strengthen protections for transportation workers from coercion and retaliation.   

The industry publication FleetOwner gives more details about how OSHA and the FMCSA interact with the STAA in this article.   

Here is one helpful quote from the FleetOwner article:

“If OSHA finds that a complaint is valid, it can order the employer to reinstate the worker; pay back pay, interest and compensatory damages; pay punitive damages up to $250,000 where warranted; and/or take other remedial actions.”

In addition, “action by one agency didn’t preclude action by another in the same situation” when it comes to the STAA.

“OSHA’s mandate is protecting workers, while FMCSA’s mandate is safety, (an FMCSA document) said. And FMCSA can take action against a carrier or other entity but, unlike OSHA, it can’t compensate a driver. So a driver filing a complaint with FMCSA about coercion might be able to file a whistleblower protection complaint with OSHA and vice versa, FMCSA said.”

The recent award and very recent press release from OSHA are great news for truckers and their families. The laws that protect you work. There is an apparently serious effort to make them work better. It will now be easier to protect your health and welfare if you are injured on the job.

After the International Nutrition Building Collapse: OSHA Releases Report

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The International Nutrition building.

I was going to write about a summary from the official OSHA news release and provide a compilation of web resources regarding the Jan. 20 International Nutrition building collapse in Omaha. This is relevant now because the Occupational Safety and Health Administration (OSHA) quite recently found the cause of the collapse after an investigation and levied proposed fines for the tragedy that killed two, injured nine, and doubtlessly affected all the other workers at the plant and all those folks’ loved ones in the greater community.

“OSHA has proposed penalties of $120,560 and placed the company in its Severe Violator Enforcement Program after its investigation into the collapse,” according to the official news release from OSHA.

The building’s collapse was because of “overloading nine storage bins on the building’s roof level,” the news release said, and the company was also placed on OSHA’s Severe Violator Enforcement Program.

Here is one link that was more of what I was expecting from the OSHA news release:

Business Insurance website: OSHA cites Omaha feed company for fatal plant collapse 

However, the business did respond via statement to at least three local media channels, and links to those stories are below. The level of denial by the business was frustrating, and I think the Omaha World-Herald newspaper nailed the tone of the story with its headline: “International Nutrition disputes OSHA’s conclusions that overloaded rooftop bins caused collapse.”

So not only does “the company strongly disagree with OSHA’s report,” it is “saying the citations are only allegations and that company officials didn’t know of any condition that contributed to the collapse,” said the reporter for KETVOmaha7 (this quote is attributed to International Nutrition’s attorney, Pat Barrett in the World-Herald article).

The business’ statement also included this quote from the WOWT.com story: “We look forward to presenting the facts demonstrating our commitment to employee safety – both before and after the accident. … At the same time, we welcome the opportunity to work with OSHA to continue to improve employee safety.”

I thought this was telling about the company’s “commitment to employee safety” from the WOWT.com article:

“In total, OSHA has visited the facility 13 times dating back to 1974. Eight of those visits led to violations; however, it had not landed on the Severe VEP program until now. OSHA officials told WOWT 6 News that usually occurs when companies rack up violations of $100,000 or more.”

To get more in-depth information, here are links to both the company’s statement at http://www.omaha.com/international-nutrition-s-july-statement/article_0997a878-10fc-11e4-8481-0017a43b2370.html and OSHA’s Citation and Notification of Penalty report at https://www.osha.gov/ooc/citations/International_Nutrition_955579_Jul18_2014.pdf  

Finally, here’s a link to the actual news release again from OSHA: January structural collapse leading to 2 worker fatalities, 9 injuries at International Nutrition in Omaha caused by overloaded storage bins; OSHA cites company for 13 safety and health violations

“The company manufactures a feed supplement using multiple dry ingredients, rice hulls, solulac and limestone – the ingredients that were stored in the nine bins on the roof of the structure,” according to the KETVOmaha7 report.

The reality when it comes to workers’ compensation and lawsuits is nuanced, but the incident is stark in its details, and this information is from multiple news sources.

In 30 seconds, “close to 1 million pounds of steel, concrete, equipment and ingredients crashing through the plant” occurred, according to the World-Herald.

That 30 seconds and its aftermath is an experience that will take months and years for many to recover from. It is an experience that no worker or their loved ones should have to endure.

OSHA Chief: Inequality in America Is About Workplace Hazards, Too

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Today’s post was shared by Gelman on Workplace Injuries and comes from www.nbcnews.com

W hy should I care? Why should anyone care? And where do we go from here – what is needed most for safe workplaces?

The article linked to below is an incredibly insightful interview from the head of the Occupational Safety and Health Administration, known far and wide as OSHA. Assistant Labor Secretary David Michaels answers quite a few of these questions with frank messages that all should consider, whether you’re a worker or love someone who works. Because, to review, OSHA is limited only to holding businesses accountable for safety violations, and once those violations are fixed, proposed fines are almost always adjusted down.

As is often seen at law firms like ours, what happens once a worker is injured greatly affects that worker and their loved ones financially and emotionally, in both the short-term and long-term. That’s one of the many reasons this blog features so many posts advocating for worker safety, and the firm’s efforts include articles on other social media outlets that highlight when OSHA is holding businesses accountable for safety lapses. Though workers are affected badly by unsafe conditions throughout the spectrum of wages, this issue affects low-wage workers more, and almost always, there’s less of a financial cushion for workers who make less money in the first place.

“There’s a clear correlation between low wage jobs and unsafe jobs….Workers in low wage jobs are at much greater risk of conditions that will make it impossible for them to live in a healthy way, to earn money for their family, to build middle class lives,” Michaels said.

I would continue to argue that when businesses and insurance doesn’t step up to do the right thing after someone is hurt, regardless of regulatory requirements lagging behind, then society as a whole is also affected by the cost of supporting injured workers and, often, their loved ones. As Michaels mentioned, employers should make workplaces even safer than OSHA’s minimum requirements and focus on prevention, which can also result in cost savings. But if a worker does happen to get hurt, the employer should make the choice to help the worker recover, and ultimately, if at all possible, get back to meaningful work. In the long run, this benefits the worker, their loved ones, employers and society the most. And as Michaels said about injury prevention, “There’s a lot of evidence that companies that manage safety well are more productive and outperform their competitors.”

So workers, and especially businesses, should care enough to take care.

Image: Assistant Labor Secretary David Michaels of the Occupational Safety and Health Administration attends a full committee hearing on Capitol Hill on June 23 in Washington, DC.
Image: Assistant Labor Secretary David Michaels of the Occupational Safety and Health Administration attends a full committee hearing on Capitol Hill on June 23 in Washington, DC.

Inequality and poverty have taken center stage in American politics in the years since the recession. Fast food workers have raised the profile of low-wage work, cities and states around the country are raising the minimum wage, and elected officials in both parties have made the struggles of poor Americans core political issues.

But David Michaels, Ph.D., M.P.H., who leads the Occupational Safety and Health Administration under the Obama administration, says that workplace inequality is more than just wages. In an interview, Michaels, who is responsible for enforcing federal laws to project workers from illness and injury, says the regulatory structures he oversees aren’t sufficient to protect vulnerable workers from harm.

NBC: The political conversation about inequality in recent years has focused on wages. You’ve made the point that when addressing inequality, we should focus more on workplace health and safety issues. Why?

Michaels: Wages are clearly a core component of the discussion of inequality and the ability to get into and stay in middle class. But workplace health and safety issues also have an enormous impact. Workplace injury and illness can push workers out of middle-class jobs and make it hard to enter into the middle class in the first place.

Studies show that workplace injury…

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Workers’ Compensation with Rod Rehm of Truckerlawyers.com: Review America’s Truckin’ Network Podcasts

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“A person’s only got one body to live with and get through life on,” said Rod Rehm of www.truckerlawyers.com. He is a workers’ compensation attorney who has worked extensively with injured truckers.

Mr. Rehm recently appeared on the America’s Truckin’ Network show with host Steve Sommers. Discussion between the two touched on many points of the workers’ compensation systems in the nation, which vary by state. They also took both calls and emails from drivers who had specific questions and challenges about work injuries and workers’ compensation, because trucking is a dangerous industry with many hazards.

Please listen to the podcasts below for more complete information, but here are some details from the two podcasts.

“Workers’ compensation is a longstanding program in all the states to protect and help truck drivers when they get hurt, and they get hurt a lot,” Rehm said. Although whether it’s the worker’s fault or not doesn’t really come into play in workers’ compensation, if you get hurt on the job.

Truck drivers and others who travel for a living come under a “special scenario.”

“Pretty much anything that happens when you’re away from home earning money for a company is going to be the responsibility of the company,” he told Sommers.

As an example, think about the following scenario.

“If it’s a single traumatic event, let’s say you trip getting out of the truck or slipped, didn’t jump down, and you broke an ankle. On that accident event … you should report right away as a work injury, and the vast majority of people do. You would become entitled to medical care for that almost immediately, and if you had to miss work, you’d be entitled to some sort of compensation while you’re missing work to heal up from that broken ankle,” Rehm said.

Other issues they discussed during the show included repetitive motion problems, vibration injuries, carpal tunnel syndrome, pre-existing conditions aggravated by driving truck, and work restrictions for injured workers. Included were pointers on when you need help from an attorney, for example, when a trucking company uses a transitional duty station away from the driver’s home base to control a hurt worker’s medical care.

They also discussed specific issues involved with workers’ compensation and truckers, as workers’ compensation does differ from health insurance. Misperceptions about workers’ compensation were addressed, too.

America’s Truckin’ Network runs from 11 p.m. through 4 a.m. (midnight to 5 a.m. Eastern Time) on 700 WLW-AM out of Cincinnati, and the chance to help educate truckers about workers’ compensation is greatly appreciated.

Rules can vary from state to state, and jurisdictional issues can be complicated for truckers, so be sure to check with an experienced workers’ compensation attorney or contact the firm through www.truckerlawyers.com with details for specific situations. Mr. Rehm has represented truckers for over 30 years, 15 of which have been through the website www.truckerlawyers.com.

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Sugar Plant Removed Safety Device 13 Days before Temp Worker’s Death

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Today’s post was shared by Gelman on Workplace Injuries and comes from www.propublica.org

ProPublica is running an extremely informative investigative series on the trials and safety risks of being a temporary worker. This post is another story in that series. It is both brutal and thought-provoking. Sympathies go out to all the families whose lives are changed as their loved ones who are just trying to work for a living die in unsafe work environments.

There are a whole lot of people without any job security at all. “The temporary staffing business has been one of the fastest growing industries since the end of the 2007-09 recession. It now employs a record 2.9 million people in the United States,” according to the ProPublica article.

In this particular warehouse in Pennsylvania, every employee, including the warehouse manager, was a temp worker! The warehouse manager told OSHA that he had “complained repeatedly to upper management about the dangers of becoming engulfed while unclogging the sugar hopper,” according to the article, including requesting “a safety device to prevent clogging.”

But after that screen was installed, it was removed by the plant manager, as it was “slowing down production.” Less than two weeks after that, temp worker Janio Salinas, 50, was “buried alive in sugar.”

Even though CSC Sugar had been inspected and fined before, the original fine for this incident of $25,855 was reduced to $18,098 after the plant made safety adjustments, according to the article.

Although Mr. Salinas’ family thought OSHA should have done more, “Jean Kulp, director of OSHA’s Allentown, Pa., office, told Univision that her agency doesn’t have the ability to shut down businesses and has limited criminal enforcement provisions.”

If you or a loved one are hurt at work, please contact an experienced workers’ compensation attorney to discuss your options. As was written in previous blog posts, in Nebraska and Iowa, most but not all, temporary employees are covered by workers’ compensation. A better solution continues to be a safer job environment and stronger training programs for all workers.

This story was done in collaboration with Univision.

Inside the sugar plant in Fairless Hills, Pa., nobody could find Janio Salinas, a 50-year-old temp worker from just over the New Jersey border.

Throughout the morning, Salinas and a handful of other workers had been bagging mounds of sugar for a company that supplies the makers of Snapple drinks and Ben & Jerry’s ice cream. But sugar clumps kept clogging the massive hopper, forcing the workers to climb inside with shovels to help the granules flow out the funnel-like hole at the bottom.

Coming back from lunch that day in February 2013, one employee said he had seen Salinas digging in the sugar. But when he looked back, Salinas was gone. All that remained was a shovel buried up to its handle. Then, peering through a small gap in the bottom of the hopper, someone noticed what appeared to blue jeans.

It was Salinas. He had been buried alive in sugar.

As harrowing as the accident was, federal safety investigators recently discovered something perhaps even more disturbing: A safety device that would have prevented Salinas’ death had been removed just 13 days before the accident because a manager believed it was slowing down production.

After a series of gruesome accidents involving untrained temp workers, the U.S. Occupational Safety and Health Administration (OSHA) has stepped up its enforcement of rules affecting temp workers. In recent cases, OSHA has held companies and temp agencies jointly responsible for training, and it…

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Workers’ Comp Covers Work-Related Motor Vehicle Accidents

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car accidentDo you drive a company vehicle as part of your job?

Many find themselves in the situation where they travel regularly, or on a special errand from time to time, as part of their job.

In the unfortunate scheme of things, if you are involved in an accident while driving, whether it is your fault or not, you are covered by and entitled to workers’ compensation benefits just as any other employee who suffers an accident on the premise of an employer.

More importantly, if the cause of the accident was not due to negligence of your own, but that of a third party, you have a right to bring a third-party negligence action against the party responsible for causing the vehicle accident. This right is separate and distinct from the workers’ compensation benefits that you are entitled to. Further, you also potentially have the right to bring an underinsured motorist coverage claim under your employer’s motor vehicle coverage as well as your own underinsured motorist vehicle coverage. These, too, are separate and distinct from the workers’ compensation benefits you are entitled to.

It is important to note that the employer would have a subrogation right to be reimbursed for workers’ compensation benefits paid on your behalf against that of any third-party negligence claim where you obtained a recovery. However, as underinsured motorist coverage is typically viewed as contractual benefits in nature, there is no subrogation right from your employer if underinsured benefits are obtained in Nebraska.

If you or someone you know was injured in a motor vehicle accident that arose out of and in the course of one’s employment, there are significant issues to be aware of in order to obtain a recovery that meets your needs. If you have any questions or uncertainty when dealing with this point of law, please seek the advice of an experienced attorney who can help steer you in the best course of action.

America’s Truckin’ Network to Feature Rod Rehm as Guest Wednesday Night

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Questions about workers’ compensation for truckers? Is your family member a trucker who is injured? Get help figuring out the answers by calling and listening in to the America’s Truckin Network show on Wednesday night with firm owner Rod Rehm.

He is scheduled to be featured as the guest on this Wednesday night’s edition of the America’s Truckin’ Network show. It runs from 11 p.m. Wednesday through 4 a.m. Thursday (midnight to 5 a.m. Eastern Time) on 700 WLW-AM out of Cincinnati. Plan to listen or call in during the first hour or two to get details on workers’ compensation and truckers from Mr. Rehm.

He is scheduled as Wednesday night’s guest because of his work representing truckers for over 30 years, 15 of which have been through the website www.truckerlawyers.com.

Mr. Rehm will join the show’s host, Steve Sommers, to discuss essentials of workers’ compensation for truck drivers. “We will cover things that professional truck drivers absolutely must know about how workers’ compensation affects truckers,” Mr. Rehm said. The law firm also often helps truckers nationwide through referrals to attorneys in their own state, due to differences in state laws and workers’ compensation coverage.

According to the radio station, “Steve Sommers joined the Truckin’ Bozo Radio Network in 1996, hosting the show on weekends and filling in for his father, Dale Sommers (Truckin’ Bozo). In 2004, Dale handed over the main hosting duties to his son, Steve, keeping this popular program in the family with a new name: America’s Truckin’ Network!

Mr. Sommers is dedicated to continuing the high standards and traditions of America’s Truckin’ Network, ensuring long-haul truckers have news, weather, music and conversation to keep them company over the long and sometimes lonely miles of the American roads.”

There are a number of ways for folks to participate in the America’s Truckin’ Network show, both through listening and by asking questions. Stream through a computer at www.700wlw.com or listen to 700WLW-AM.

We invite you to listen in and also call with your questions to (513) 749-7000 or (888) 860-8785. And we thank Mr. Sommers for the opportunity to be Wednesday night’s featured guest!

The conversation continues on social media @truckerlawyers on Twitter; at www.facebook.com/truckerlawyers on Facebook; and https://plus.google.com/u/0/b/100951774100816925176/+Truckerlawyers/posts on Google+. America’s Truckin’ Network is on Twitter @AmericasTrknNet and on Facebook athttps://www.facebook.com/700wlw. In addition, some previous shows, including previous appearances by Mr. Rehm, are archived as podcasts at this website.