Category Archives: Workplace Safety

OSHA Enforcement Cases Involving Temps On the Rise

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

I am so glad to see that temporary workers are being included more in OSHA enforcement. It is just frustrating that it took an injury to a worker in New Jersey for one of the companies in the article below to be inspected through “a referral from the Maplewood Fire Department,” according to the article.

Our firm’s blog has included articles focused on temporary workers and their special challenges when it comes to workers’ compensation in 2012 and earlier this year.

The short article below that is today’s focus came from a business and industry publication, so I think it serves to put its readers on notice for OSHA’s renewed focus “on the safety of temporary workers.”

Generally speaking (with exceptions for some agricultural jobs), temporary workers qualify for workers’ compensation, though that coverage does not replace wages from your main job if the temporary job is a second job. Workers’ compensation laws and systems vary by state, so if you or a loved one is injured on the job, please speak with an experienced workers’ compensation attorney about your specific situation.

Today’s post shared from OshOnLine.com illustrates a new enforcement effort by OSHA that will improve the work environment for all Americans.OSHA’s emphasis on the safety of temporary workers is being driven home by a series of enforcement actions. The latest case announcement on June 19 involved the Macon, Ga., facility of a company named California Cereal Products Inc., which OSHA has cited for exposing full-time and temporary workers to electrical, fall, and noise hazards, with proposed penalties totaling $40,600. OSHA opened an inspection last December based on a complaint.

“The employer has failed to protect full-time and temporary workers from easily identified workplace hazards that can result in death or permanent disability,” said Bill Fulcher, director of OSHA’s Atlanta-East Area Office.

The case against beverage bottling company Maplewood Beverage Packers LLC and temporary employment agency Corporate Resource Services Corp. in Elizabeth, N.J., also began with a December 2013 investigation, but it started with a referral from the Maplewood Fire Department after a temporary worker was injured falling from a ladder. OSHA has proposed $182,270 in penalties. “Host employers and staffing agencies are jointly responsible for ensuring worker safety and health,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Employers must protect all workers from job hazards-both permanent and temporary workers.”

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Workers’ Comp Covers Heat Injuries

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The Great Plains is nearing the calendar start of summer. 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, for example.

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 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.

It has been a roller coaster of a May here on the Great Plains. Nebraska and Iowa have both been hit with weather extremes. For example, “Two days after Lincoln recorded a record low temperature and less than two weeks after the city saw significant snow, thermometers soared Tuesday.” And I saw on Facebook via Radio Iowa News, that “Sioux City reports 106 on Tuesday afternoon, beating the old record of 97, set in 2001.” Because the Journal Star says this is the earliest Lincoln’s ever hit 100 degrees (a new record), I will go out on a limb to say that we’re done with freezes for a while, which makes me think about the next season: summer and heat.

Did you know that heat issues can be covered by workers’ compensation? But prevention is preferred, so here are some links with lots of resources for those who work outside, no matter the weather, and also for those who play, garden, golf, exercise, and enjoy the outdoors. In addition, just like one’s body adjust somewhat to cold, the body also adjusts to heat, so a person who spends the summer in the air conditioning will have less tolerance for the heat than someone who spends all day outdoors. In addition, pay attention to prescription medicines, as some can cause sunburn or heat problems quicker than a person not taking that medication would experience them. The heat can also affect folks who may not be considered the traditional “outside” worker, as, for example, if one is unloading cargo from a truck to a warehouse in 100 degree heat, it can be much hotter than that in both the truck and warehouse.

One term that is mentioned on a regular basis in the media once the humidity kicks in is the “heat index,” which is defined as followed, according to http://www.weather.com/outlook/health/fitness/tools/heat: “The Heat Index is the temperature the body feels when heat and humidity are combined.” Of course this means that what it feels like isn’t the actual temperature, as it only felt like 95 when it was 100 recently because of a “dry heat.”

  • Welcome to OSHA’s Campaign to Prevent Heat Illness in Outdoor Workers
    There is a lot of information on here, and looking through some of it is a reminder that employers should expect and encourage workers to be safe when it comes to working in the heat. Employers should make an effort to encourage this safety focus by both talking about and acting on recommendations to help employees be safer and more productive.
  • Using the Heat Index: A Guide for Employers
    “Water. Rest. Shade. The work can’t get done without them.” This quote from the website is a very useful safety reminder. It looks like there are lots of opportunities through these links for conversations to occur between workers and employers about taking heat index into account when planning work.
  • NIOSH Workplace Safety and Health Topics: Heat Stress
    This site includes an overview; types of heat stress; recommendations for employers; recommendations for workers; and many other links that share resources and research about being in the heat.
  • Heat Safety Tool
    Although I’m generally easily amused, I am sincerely happy to say that there’s an app for that! Because so many people are connected with mobile technology, I am looking forward to downloading this app on my phone for the summer for personal use.
  • OSHA Quick Card
    Here’s a Quick Card resource from OSHA that folks can print out for reference points. And as neat as mobile apps are, from a practical perspective, paper does make a better fan.

So regardless of why you’re outside, enjoy, take care, and be safe!

What’s the Connection Between Worker Safety, Employer Profit, and Voting?

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A recent newspaper article about a Nebraska lawyer fighting against imposing OSHA regulations on small businesses and farms that handle grain illustrates an age-old conflict between Worker (human) safety and Business (corporate) profit. The lawyer argued OSHA compliance is too expensive for small businesses and farms.

I couldn’t disagree more. From my point of view, worker safety is immeasurably more valuable to society than business profit. Human beings are the most important component of any activity, including business. Viewing safety as a cost ignores the cost to the human beings who are burned and maimed by grain explosions, whether they happen at a small business/farm or a huge corporate grain facility.

Farms in Nebraska and Iowa are not required to provide workers’ compensation for their employees. This is justified on the grounds that farms can’t survive such government intervention. I find this an interesting argument from businesses that have long received subsidies from the government. It seems that farm profits are more important than the human beings who do the work to earn those profits.

Our society needs more laws to protect human beings from injury and to compensate them if injured for the profit of others. Candidates for public office need to be asked what matters more to them: Is it human beings or profits that matter more?

Justice Louis Brandeis of the U.S. Supreme Court wrote long ago: “We must make our choice. We may have democracy, or we may have wealth concentrated in the hands of a few, but we can’t have both.”  

If we keep electing representatives who favor the concentrated wealth, then human beings will likely be protected less. These are scary times as the divide between the “haves” and “have nots” continues to grow. Ballots are the only way to tell our representatives that the health and welfare of human beings is paramount. Voting is essential, or we will see more and more concern for profit and less and less concern for human beings.

Remember Workers’ Memorial Day on April 28

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The writers of this blog spend a lot of time encouraging readers to reflect by thinking about the lives of others who are less fortunate, where each individual reader has been, and where they are headed. We often encourage advocates for workers’ rights and safety. This encouragement does sometimes come at the expense of business profits. But keeping workers safe is always the right thing to do.

Observing Workers’ Memorial Day on Monday, April 28, is one way to take the time to reflect, act as an advocate, and help workers and their loved ones. This AFL-CIO fact sheet included the thought-provoking quotation below, along with some specific points that encourage action.

“This year we will come together to call for good jobs in this country for all workers. We will seek stronger safeguards to prevent injuries and save lives. We will stand for the right of all workers to raise job safety concerns without fear of retaliation, and for the freedom to form unions and speak out and bargain for respect and a better future.”

By reflecting on the risks that all workers take and acting to promote safety, we think Workers’ Memorial Day will be even more successful. And most importantly, all of our loved ones will have safer workplaces.

There are many resources to access to find out more about Workers’ Memorial Day events near you. Today’s blog post was written a couple of weeks in advance of the events so people can plan ahead to attend.

Here are some links, along with the specific information for Nebraska and Iowa:

Iowa

Nebraska has three separate events available to the public this year. 

  • USMWF’s 5K Family Fun Run/Walk Fundraiser
    Sunday, April 27, 1:30 p.m., Registration Starts
    Holmes Lake Park, Lincoln
    via http://www.usmwf.org/NE5KRUN.htm to sign up, learn about fees, and get more details about the event
  • Nebraska’s 3rd Annual Safety Expo
    Monday, April 28, 8 a.m.-3:30 p.m.
    IBEW Local 265 Union Hall, 6200 S. 14th St., Lincoln
    Via http://www.usmwf.org/NE5KRUN.htm
    The event is free, but space is limited, and registration is required by printing out or emailing this form http://www.usmwf.org/safety_expo_form.pdf As of April 9, there were still spaces available to attend.
  • 5th Annual Workers’ Memorial Day Candlelight Vigil
    Monday, Apr. 28, 7 p.m.
    Nebraska State Capitol, Lincoln
    via http://www.usmwf.org/NE5KRUN.htm This event is also free, and no registration is needed.
    According to the Lancaster County Democratic Party, via email in 2013, “representatives from State, Federal, United Support Memorial for Workplace Fatalities (USMWF), Unions, Co-workers, Employers and the community come together and honor the men and women that have been injured or killed in a preventable work related incident.”

Please see the websites below for more general details about Workers’ Memorial Day: http://www.workermemorialday.org/WMD2014.htm  

The Right to a Safe Workplace

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Workplace SafetyUnder federal law, every employee has the right to a safe workplace. If you believe your workplace is dangerous and changes in safety policy are ignored, you can request an inspection from OSHA (Occupational Safety and Health Administration).

Workers’ compensation, which is regulated on a state-by-state level, covers medical bills, lost wages, disability and vocational rehabilitation services for employees injured on the job. If you have any questions regarding these benefits, please contact an experienced lawyer in your area.

If you believe you work in an unsafe work area, here are some tips to be aware of to make sure your workplace is as safe as possible, and you protect yourself from significant injury:

  1.  Know the hazards in your workplace.
  2. While in a seated position, keep your shoulders in line with your hips. Use good form when lifting.
  3. Injuries occur when workers get tired. Take breaks when you’re tired.
  4. Do not skip safety procedures just because it makes the job easier or quicker. Using dangerous machinery is the one of the leading causes of work injuries.
  5. Be aware of where emergency shutoff switches are located.
  6. Report unsafe work areas.
  7. Wear proper safety equipment.

If you are injured due to an unsafe workplace, and you are unsure of the benefits that you are entitled to, contact an experienced attorney in your area.

Has Online Filing Added to OSHA Whistleblower Backlog?

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OSHA’s recent decision to allow employees to file whistleblower cases online has led to a large increase in filings and has added more delay to claims that were already backlogged before online filing. According to OSHA investigators, this increase in filings hasn’t been met with a proportionate increase in staff. One investigator estimated it takes over 400 days for OSHA to conclude investigating claims.

The delay created by the backlog hurts investigations for many reasons. Witnesses become unavailable, and recollections of events change. Unscrupulous employers also can use the delay to hide or destroy documents and intimidate witnesses.

Of course, employees who feel they have been retaliated against oftentimes have the option of filing a state or local fair employment agency claim on the basis of retaliation. Employees might also have the option of filing for retaliatory discharge without filing a fair-employment claim, as is oftentimes the case if they are fired for filing workers’ compensation. However, this summer the U.S. Supreme Court likely made many types of retaliation cases more difficult to win with their decision in the Nasser case. The court ruled in Nasser that employees claiming retaliation cases under federal Title VII must prove that exercising their rights under Title VII was a “but for” cause of their termination.

But under whistleblower laws under OSHA – such as the Surface Transportation Assistance Act (STAA), which protects interstate truckers, and Dodd-Frank, which protects workers in the financial services industry – an employee must only show that their report of illegal conduct was a contributing factor to their termination.

Employees with a retaliation case should consult with an experienced employment attorney to determine the best forum for any wrongful-termination case.

Harvest Time Reminds of Need for Grain Handling Safety

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The grain harvest is still going strong in many portions of the Great Plains, but farmers and agricultural workers may be at that point where they just want to get it done and take shortcuts. However, taking shortcuts can often lead to bigger safety problems for these ag workers.

Although folks who are in the field and transporting grain to elevators are much more visible right now, safety issues with grain elevators go on throughout the year. So for people who live or work around grain elevators, which would be pretty much everyone in many small Nebraska and Iowa towns, please be aware of the dangers that grain handling can present, including explosions from grain dust, falls, or suffocation, among many of the other hazards out there.

One of the area television stations, 10-11 Central Nebraska, recently featured a special report on “Nebraska Grain Industry Safety” titled “OSHA, Grain Industry, and Families Work to End Injuries and Deaths.” 

That effort got us thinking about compiling a list of links and previous blog posts that we have run in regards to both agriculture and also grain handling as resources.

Here are a couple of general links, and then below that are links to past blog posts from the firm that talk about either workers’ compensation for ag workers or grain-handling issues.

OSHA Safety and Health Topics: Grain Handling

Facebook Community: Grain Mill Accidents

OSHA Looks at Challenge of Nebraska Grain Elevators’ Safety

Learn & Live: Grain industry hazards lead to deaths, injuries each year; US Labor Department’s OSHA working with Nebraska grain associations to promote awareness of grain industry hazards

Employer Pleads Guilty for Grain Elevator Death

Temporary Employees Cannot Be Excluded From Workers’ Compensation

The 11 Most Life-Threatening Jobs on the Planet

What Nebraskans In Farming Industries Should Know About Workers’ Comp

Please continue to be safe this harvest and avoid dangerous shortcuts! Because all loved ones deserve to have their workers come home to them.

Safety Begins at Home: Riddell All-American Sports Cited for Serious Safety Violations by OSHA

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Riddell-The Official Helmet of the NFL

Today’s post comes from guest author Jon Gelman, from Jon Gelman, LLC – Attorney at Law in New Jersey.

August and September mean more than back-to-school for many high schools and colleagues in Nebraska and Iowa. This also means the fall sports season and the start of high-risk and high-reward football, too. As more knowledge is gathered about the risks of concussion and injuries to student athletes, there is also more awareness and people working hard to lessen those risks and keep players safer.

In fact, according to a previous blog post, Nebraska – A Rare Example Of How To Treat Student Athletes Better, Nebraska actually has a system akin to workers’ compensation that is meant to protect student athletes in college who get hurt or die.

“Since 1984, Nebraska law has provided additional protection for college athletes. Our schools offer a rare exception among college athletics programs by offering students a form of workers’ compensation.

This difference is because in 1984 the Nebraska Legislature enacted a law (Neb. Rev. Stat. § 85-106.05), which mandated that the University of Nebraska establish an insurance program to provide coverage to student athletes for personal injury or death while participating in university- organized games or practice in an intercollegiate athletic event.

This law covers students in ways similar to workers’ compensation, providing medical coverage and some monetary benefit to athletes who become disabled while participating in an official collegiate game or a practice.”

Essentially, State Sen. Ernie Chambers worked hard to advocate for students, and it looks like, according to Mr. Gelman, the Riddell sports equipment company could definitely learn from our state’s protections. Although businesses should uphold safety standards as a best practice, it is reassuring that OSHA helps protect workers, often retroactively, but sometimes proactively, serving as a referee in the also high-risk and high-reward game of business.

Recently there have been many discussions and lawsuits about NFL player safety arising out of serious brain concussions from football. In a ironic turn, a company who manufactures football safety gear has itself been cited for serious safety violations at its own manufacturing facilities. The apple certainly doesn’t fall far from the tree.

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Riddell All-American Sports Co. with eight alleged serious violations following an investigation that began in August 2012 from a complaint for exposing workers to multiple safety and health violations at its Alamo Downs Parkway facility in San Antonio. Proposed penalties total $44,000.

The serious violations include failing to ensure electrical equipment was free from recognized hazards, provide adequate machine guarding while operating industrial sewing machines, provide a fall protection program to prevent fall hazards from the basket of a powered industrial truck and implement a respiratory program. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

“It is the employer’s responsibility to assess the hazards in the workplace and provide a safe and healthful environment for its workers,” said Kelly Knighton, OSHA’s area director in San Antonio. “In this case, it is fortunate that no one was hurt.”

Elyria, Ohio-based Riddell, which employs about 25 workers at the San Antonio site, paints helmets for various sports, such as football and hockey. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s San Antonio office or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s San Antonio office at 210-472-5040.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.