Category Archives: Safety

8 Steps to Keep Workers Safe in the Heat

Posted on June 9, 2016 by Rod Rehm

Today’s post was shared by US Labor Department and comes from blog.dol.gov

This is a follow up to the blog post earlier this week about resources regarding the heat and staying safe when working outside. With the forecast in our corner of the Great Plains set for the 90s and maybe even triple digits either today or over the weekend, keeping safe while working in the heat should be a concern for all workers and employers. Because Mother Nature doesn’t pay attention to the calendar start of summer, the time to prepare for the heat is literally today.

Please be aware of the heat and what its effects can be on workers, on children and the elderly, and on pets. No one is safe in a closed-up car that does not have the air conditioner running, for example. In addition, every time you or your loved ones are outside, please take the heat index into account, especially if exercising, doing strenuous work, or staying outside for long periods of time.

Prolonged exposure to excessive heat and humidity can result in injuries and diseases covered by the workers’ compensation laws. Workers with heat exhaustion, strokes, heart attacks and skin conditions may be entitled to lost-time benefits, medical expenses and permanent disability benefits if the condition is serious.

It also appears that extreme weather is going to continue into this summer season, with some hail and wind damage already to homes, crops and property. When storms do come, be sure it’s someone’s job to keep the crew safe from sudden weather, regardless of the industry. Enjoy the summer, and contact an experienced workers’ compensation attorney if there are questions about a specific incident that occurred at work.

Keep workers safe in hot weather with water, rest and shade.

Forecasters are calling for above-average temperatures across much of the country this summer. Are you prepared to beat the heat?

Every year, thousands of workers become ill from working in the heat, and some even die. Construction workers make up about one-third of heat-related worker deaths, but outdoor workers in every industry – particularly agriculture, landscaping, transportation, and oil and gas operations − are at risk when temperatures go up.

Heat-related illnesses and deaths can be prevented. Employers and supervisors can save the lives of workers in hot environments by following these eight simple steps:

Institute a heat acclimatization plan and medical monitoring program. Closely supervise new employees for the first 14 days or until they are fully acclimatized. Most heat-related worker deaths occur in the first 3 days on the job and more than a third occur on the very first day. New and temporary workers are disproportionately affected. If someone has not worked in hot weather for at least a week, their body needs time to adjust.
Encourage workers to drink about 1 cup of water every 15-20 minutes. During prolonged sweating lasting several hours, they should drink sports beverages containing balanced electrolytes.
Provide shaded or air-conditioned rest areas for cooling down, and empower workers to use them.
Provide workers with protective equipment and clothing (such as water-cooled…

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Back Injuries in Nursing – One Nifty Idea to Avoid Them

Posted on April 11, 2016 by Rod Rehm

Today’s post was written by guest author Kit Case from Causey Law Firm in Seattle, which is known for its advocacy for workers and issues in workers’ compensation.

Nurses have many challenges at work to consider, because healthy, happy people rarely have a need for regular nursing care or face a hospital or nursing home stay. Safety at work should be a priority for all, but it can be hard for nurses when needs are great, staffing is short, and the focus is on quality care for the patient and efficiency is important in a very hectic environment.

Did you know that “nursing personnel are among the highest at risk for musculoskeletal disorders”? That risk is right up there with the risk in professions like truckers, laborers, and other health care workers, according to the blog post below.

Examples of fixes for increased safety include a combination of increased staffing, more training for concerns like proper lifting techniques, and hospitals and institutions providing equipment that helps nurses and other health care workers avoid lifting challenges that lead to back problems.

If you or a loved one have been hurt at work, please contact an experienced workers’ compensation lawyer. In addition, when you (and loved ones) need nursing care, please take the time to thank nurses for their help in an environment that is often challenging.

The American Nursing Association’s Handle with Care campaign seeks to educate, advocate, and facilitate change from traditional practices of manual patient handling to emerging, technology-oriented methods. The campaign seeks to highlight how safe patient handling produces benefits to patients and the nursing workforce. The ANA’s Handle with Care Fact Sheet provides the following thought-provoking data:

A Profession at Risk

Compared to other occupations, nursing personnel are among the highest at risk for musculoskeletal disorders. The Bureau of Labor Statistics lists RNs sixth in a list of at-risk occupations for strains and sprains that included nursing personnel, with nurses aides, orderlies and attendants (first); truck drivers (second); laborers (third); stock handlers and baggers (seventh); and construction workers (eighth).
Additional estimates for the year 2000 show that the incidence rate for back injuries involving lost work days was 181.6 per 10,000 full-time workers in nursing homes and 90.1 per 10,000 full-time workers in hospitals, whereas incidence rates were 98.4 for truck drivers, 70.0 for construction workers, 56.3 for miners, and 47.1 for agriculture workers.
Lower back injuries are also the most costly musculoskeletal disorder affecting workers. Studies of back-related workers compensation claims reveal that nursing personnel have the highest claim rates of any occupation or industry.
Research on the impact of musculoskeletal injuries among nurses:
- 52 percent complain of chronic back pain;
- 12 percent of nurses “leaving for good” because of back pain as main contributory factor;
- 20% transferred to a different unit, position, or employment because of lower back pain, 12 percent considering leaving profession;
- 38 percent suffered occupational-related back pain severe enough to require leave from work; and
- 6 percent, 8 percent, and 11 percent of RNs reported even changing jobs for neck, shoulder and back problems, respectively.

One Possible Tool

The website idées créatives posted this elegant video of an automatic bed that could allow for patient repositioning and assist with moving into and out of the bed, shown in a nursing home or hospital setting.

How Cold is Too Cold? Tips to Protect Outdoor Workers in the Winter

Posted on January 28, 2016 by Rod Rehm

Today’s post was shared by the U.S. Labor Department and comes from blog.dol.gov

The weather is unpredictable, to say the least, this winter. I would add the following professions to the list of workers who have potential for problems with the cold but are out in the cold on a regular basis: truck drivers, agricultural workers, and as the picture implies, utilities workers, though the list is not exhaustive. It is a certainty that there are workers who are risking themselves in the cold because they aren’t ready for the “polar vortex” mentioned in the post because the weather has been so up and down this winter.

The NWS Windchill Chart is especially helpful, since it shows the amount of time it takes for frostbite to set in under a variety of temperatures and wind speeds.

Even though this corner of the Great Plains appears to be warming up a bit in the next couple of days, a fairly impressive snowstorm – there’s an 80 percent chance of snow on Tuesday with estimated accumulations of 5 to 8 inches – may be coming. So keep this information handy, and be certain to take care when working outside or sending employees to work outside.

Please be sure your loved ones are protected from the elements, whether they are outside by choice or necessity, during the winter.

Remember that work injuries associated with the elements are also covered under most states workers’ compensation laws, so speak with an experienced lawyer about questions regarding a specific situation.

The National Weather Service is warning much of the country about the polar vortex, an arctic air mass that is pushing much of the eastern and central U.S. down to record cold temperatures.

During this wave, workers are at increased risk of cold stress. Increased wind speeds can cause the air temperature to feel even colder, further increasing the risk of cold stress of those working outdoors, such as:

Snow cleanup crews
Construction workers
Recreational workers
Postal workers
Police officers
Firefighters
Miners
Baggage handlers
Landscapers
Support workers for oil and gas operations

When the body is unable to warm itself, cold-related stress may result in tissue damage and possibly death. Four factors contribute to cold stress: cold air temperatures, high velocity air movement, dampness of the air, and contact with cold water or surfaces.

How cold is too cold?

A cold environment forces the body to work harder to maintain its temperature. Cold air, water and snow all draw heat from the body. The most common problems faced in the cold are hypothermia, frostbite, and trench foot.

What preventive measures should I take?

Plan for work in cold weather. Wearing appropriate clothing and being aware of how your body is reacting to the cold are important to preventing cold stress. Avoiding alcohol, certain medications and smoking can also help minimize the risk.

Protective Clothing is the most important way to avoid cold stress. The type of fabric even makes a difference. Cotton loses its…

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Preventing Workplace Violence in Healthcare

Posted on December 10, 2015 by Rod Rehm

Today’s post was shared by US Labor Department and comes from www.osha.gov

Those who work in healthcare are an important resource and very appreciated individuals. However, they are also at higher risk for workplace violence, according to the Occupational Safety and Health Administration.

“The National Institute for Occupational Safety and Health defines workplace violence as ‘violent acts, including physical assaults and threats of assault, directed toward persons at work or on duty.’ Even if no physical injury takes place, threats, abuse, hostility, harassment, and other forms of verbal violence can cause significant psychological trauma and stress—and potentially escalate to physical violence,” according to Worker Safety in Hospitals: Caring for our Caregivers, the website linked to in the article below from OSHA.

OSHA has long been concerned about healthcare workers, as these blog posts from 2013 attest:

Unfortunately, whether slips or trips, lifting incidents, or workplace violence, healthcare continues to be a challenging environment for workers. If there is a safety concern or you or a loved one are injured on the job, please be sure to contact an experienced workers’ compensation lawyer with questions about your specific situation. Have a safe and productive day.

Workers in hospitals, nursing homes, and other healthcare settings face significant risks of workplace violence. Many factors contribute to this risk, including working directly with people who have a history of violence or who may be delirious or under the influence of drugs. From 2002 to 2013, the rate of serious workplace violence incidents (those requiring days off for an injured worker to recuperate) was more than four times greater in healthcare than in private industry on average. In fact, healthcare accounts for nearly as many serious violent injuries as all other industries combined. Many more assaults or threats go unreported, workplace violence comes at a high cost, however, it can be prevented. OSHA has compiled a suite of resources to help you build and implement a comprehensive workplace violence program in your healthcare facility.

The strategies and tools presented here are intended to complement OSHA’s Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers*, updated in 2015. The Guidelines describe the five components of an effective workplace violence prevention program, with extensive examples.

The products below: Workplace Violence in Healthcare: Understanding the Challenge*, presents some estimates of the extent of the problem from various sources; Preventing Workplace Violence: A Road Map for Healthcare Facilities* expands on OSHA’s guidelines by presenting case studies and successful strategies from a variety of…

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Seattle Employer Fined More Than $215,000 for Serious Safety Violations

Posted on August 24, 2015 by Rod Rehm

Today’s post comes from guest author Kit Case, from Causey Law Firm in Seattle where they advocate for injured workers. Washington state is like Iowa, in that there are 27 states that have OSHA-approved state plans. Nebraska is not one of those states.

Regardless of where you are located, this website, How to File a Complaint with OSHA, can be helpful to workers in many situations. Because there’s a link on the page that explains how to file in each state, this information applies whether your state has an OSHA-approved plan or not. But if you have questions about an issue that is happening in your workplace, please contact an experienced lawyer for help.

A Seattle employer has been cited for multiple serious workplace health violations after a worker became entangled in a rotating shaft while working inside a confined space. In connection with the citation, the Department of Labor & Industries (L&I) fined Industrial Container Services $215,250 for exposing workers to serious harm or even death. L&I cited the company previously for many of these hazards, but they had not been corrected.

Industrial Container Services refurbishes metal drums and other industrial containers. The company operates a “drum shot-blaster unit,” a 24-foot long tunnel with a series of rotating shafts that move metal drums through as they’re being shot-blasted to remove paint and coatings.

L&I began its investigation in January 2015 after a worker was hospitalized after being injured while working inside a drum shot-blaster. The investigation found that workers were regularly entering the equipment to perform maintenance and repair without the necessary safety precautions.

Working inside a “confined space” area, such as the drum shot-blaster unit, without safety precautions can be deadly to workers and would-be rescuers. Confined space hazards can include suffocation, toxic atmospheres, engulfment, entrapment and other dangerous conditions. These incidents are fully preventable.

When a confined space has hazardous characteristics that could harm workers, it’s considered a “permit-required” confined space. That means employers must control access to the area and use a permit system to prevent unauthorized entry. Anyone working in or around a permit-required confined space must be trained and there must be safety measures and rescue procedures in place.

L&I cited the company for seven “failure to abate” serious violations related to the confined space hazards, and for not ensuring that moving parts were de-energized to prevent workers from becoming caught in machinery. These violations were originally cited in October 2013 and had not been corrected. Each of the violations carries a penalty of $22,750.

L&I also cited the company for four “repeat-serious” violations and four “serious” violations related to confined-space procedures and energy control measures (lockout/tagout), with penalties ranging from $11,700 to $4,550.

As a result of these safety issues, Industrial Container Solutions has been identified as a severe violator and could be subject to increased scrutiny at all its locations nationwide.

The company has appealed the citation. Penalty money paid in connection with a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.

For media information or a copy of the citation, contactElaine Fischer, L&I Public Affairs at 360-902-5413.

Photo credit: XcBiker / Foter / CC BY-SA

Bike Safety Crucial for a Bike-Friendly Lincoln

Posted on June 8, 2015 by Jon Rehm

One of the many benefits of living in Lincoln is a good system of off-street and on-street bike trails. I enjoy riding on the Tierra/Willamsburg, Rock Creek/Antelope Creek, Jamiaca North and Billy Wolf trials for exercise and recreation. Many Lincolnites also bike to work – out of choice or by necessity. Unfortunately, it’s become too commonplace to see headlines about crashes involving bicycles and vehicles, and there have been many in the past couple of years in the local newspaper, the Lincoln Journal Star.

In addition to the news stories written, columnist Cindy Lange-Kubick recently profiled Chris St. Pierre, who compiled Bicycle Crash Analytics (Lincoln, NE).

“In March 2015, I was hit by a car while on my bike in a crosswalk, and was ticketed for failure to yield the right of way. I got interested in bicycle safety and, as a software engineer by trade, I decided to download, parse, and quantify as much crash data as possible from the Lincoln Police Department,” St. Pierre wrote in his compilation.

Lange-Kubick wrote some details from St. Pierre’s report in her column, and it definitely is both interesting and informative.

Here are some helpful takeaways:

“According to the numbers St. Pierre crunched:

A majority of car-bike accidents happen in crosswalks (54 percent) or on sidewalks (15 percent). Only 23 percent occurred on streets.

Intersections with the highest number of accidents include Capitol Parkway-Normal Boulevard at 27th, 33rd and South streets; 27th and Vine streets; the ‘entire length of 84th Street’; and Pine Lake at 27th Street.”

In my personal experience, I am not surprised about the accidents totals along Capital Parkway. The 40^th Street/South Street/Normal Boulevard intersection is particularly dangerous. I avoid the intersection of 27^th and Pine Lake and cross at the South Pointe trail crosswalk a few blocks north. But I bike for fun. The area around South Pointe mall employs retail, restaurant and fast food workers, some of whom rely on bicycles for transportation to get to work. Crosswalks that are convenient for recreational bicyclists may not necessarily be convenient for those who bicycle out of necessity.

I’d encourage people to read the rest of the column and St. Pierre’s report, too. “There are easy-to-read pie charts and interesting graphs and funny asides from its author,” Lange-Kubick wrote.

In addition, those who are bike riders for any reason should familiarize themselves and their loved ones with the local laws. Here’s a link for Lincoln’s bicycle laws. Bicyclists have to largely obey the same laws as motorists do, including yielding the right-of-way to both pedestrians and other vehicles, so as St. Pierre learned the hard way, bicyclists should yield to turning vehicles.

The only real exception that bicyclists have to obeying the laws of motorists is that bikers can ride on sidewalks in Lincoln, but not in the following areas: downtown, the Haymarket, Havelock, College View, Bethany, and University Place neighborhoods.

“… Ride your bike, but remember drivers aren’t programmed to look for you – you have to look out for them. And if you’re worried about riding through an intersection, walk,” Sydney Brown, vice president of Bicyclincoln told Lange-Kubick for her column.

It’s important to know your local laws and what the expectations are for cyclists. By sharing this information with your loved ones, hopefully accident rates will decrease, and folks can worry less and enjoy the ride more.

Lincoln is working to make bicycles an integral part of our transportation system. Lincoln City Councilwoman Leirion Gaylor Baird has promoted on a bicycle lane on N Street that will connect to our trail system through the Haymarket. This is an effort to make Lincoln more livable and to spur further economic development. Bike safety issues should be and are part of that discussion. But bike safety issues go beyond just the downtown/Haymarket area. I would encourage you to contact Councilwoman Gaylor Baird or the council member in your part of the city about your concerns about bike safety in Lincoln.

Workers’ Compensation Covers Truckers’ Injuries from Falling Asleep at Wheel

Posted on April 2, 2015 by Rod Rehm

Sleep disorders are a significant health problem for truck drivers. Trucker injuries resulting from falling asleep at the wheel can be compensated by workers’ compensation, as shown in this recent article from the LexisNexis Legal Newsroom.

Former FMSCA administrator Anne Ferro put it this way in remarks she made at the 2010 Sleep Apnea and Trucking Conference in Baltimore.

“I count fatigue among those high risk behaviors and sleep apnea is a condition that contributes to fatigue. This is a highly sensitive subject which is why this meeting is so important. The challenge here is to focus on sleep apnea as a serious medical condition and identify affordable screening and treatments that work in the truck driving environment.

“In many cases, truck drivers experience poor health because of the challenges associated with their job and lifestyle.

“According the Centers for Disease Control and Prevention, the average life expectancy for a driver is less than 61 years – is 16 years younger than the average American. That is simply not acceptable.

“From our own estimates, almost three out of 10 truck drivers currently suffer from mild to severe sleep apnea. And we know from our research that drivers with severe sleep apnea are known to be at a much, much greater risk of being involved in a severe crash.

“Fatigue is estimated to be an associated factor in 13 percent of all truck crashes annually and 28 percent of single vehicle truck crashes, based on the Large Truck Crash Causation Study.”

As has been written on the firm’s blog before, “sleep is essential for health and well-being. And not getting enough sleep is a compensable condition.”

In a guest blog post a few years ago, respected lawyer Jon Gelman of New Jersey shared information from the National Sleep Foundation and CDC. In addition to falling asleep when a person was planning to stay awake, people who don’t sleep enough are at “increased risk of motor vehicle accidents; increase in body mass index – a greater likelihood of obesity due to an increased appetite caused by sleep deprivation; increased risk of diabetes and heart problems; increased risk for psychiatric conditions including depression and substance abuse; and decreased ability to pay attention, react to signals or remember new information.”

Please contact an experienced workers’ compensation lawyer with questions about specifics in yours or a loved one’s case. In addition, please work to get both the quantity and quality of sleep that is needed to be safe and healthy.

‘Bizarre’ Workers’ Compensation Cases Post Is Good Read

Posted on January 8, 2015 by Rod Rehm

Workers’ compensation law covers a very broad spectrum of cases. Each year, one of my favorite blogs publishes its top 10 most bizarre workers’ compensation cases. This year’s list, written by attorney Thomas A. Robinson, is interesting reading.

I appreciated Robinson’s empathetic approach to the cases, which he explains in this quotation.

“One thing we always kept in mind: one must always be respectful of the fact that while a case might be bizarre in an academic sense, it was intensely real. The cases mentioned below aren’t law school hypotheticals; they affected real lives and real families.”

In addition, as is stressed on a regular basis in the firm’s blog and social-media posts, workers’ compensation laws vary between states. The variety of states represented in this list included the two where attorneys from Rehm, Bennett & Moore practice, Iowa and Nebraska, and also North Carolina, New York, Wisconsin, Washington, Florida and Pennsylvania.

Here’s the link to the original blog post: http://www.lexisnexis.com/legalnewsroom/workers-compensation/b/recent-cases-news-trends-developments/archive/2014/12/31/the-top-10-bizarre-workers-compensation-cases-for-2014.aspx

Workers' Compensation Watch

Published by Rehm, Bennett, Moore & Rehm

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Category Archives: Safety

8 Steps to Keep Workers Safe in the Heat

Back Injuries in Nursing – One Nifty Idea to Avoid Them

How Cold is Too Cold? Tips to Protect Outdoor Workers in the Winter

Preventing Workplace Violence in Healthcare

Seattle Employer Fined More Than $215,000 for Serious Safety Violations

Bike Safety Crucial for a Bike-Friendly Lincoln

Workers’ Compensation Covers Truckers’ Injuries from Falling Asleep at Wheel

‘Bizarre’ Workers’ Compensation Cases Post Is Good Read

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