Category Archives: Workplace Safety

Infographic: Considering the Health Hazards of Shift Work

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As a follow up to the recent blog post on research into shift work, here is an excellent and very informative infographic from Eastern Kentucky University’s program that focuses on occupational safety.

Note that the infographic includes both night shifts and those who have irregular schedules as shift workers, and that 40 percent of U.S. workers work evenings, nights, rotating shifts or weekends.

Though there is usually some sort of compensation, whether more money, or extra paid time off, health complications are numerous, and this blog will continue to bring that research to light as it is discovered.

I find rotating shifts very challenging to consider – if a person completely flips, or even changes by eight hours, their shift every three or four weeks, what does that do to them as a person, and also, what does it do to their loved ones? I realize that not everyone has the luxury of choosing their shifts, but this article from the Washington Post has some fascinating information about how children are affected by shift work. I also appreciate that policy implications are addressed a bit, too. Though it would be an uphill battle to get these protections passed in many places, think of the stability they would add to workers and their loved ones lives.

“In 2015, 10 states and a growing number of municipalities have introduced bills to address unpredictable scheduling, with many including provisions requiring three weeks advance notice, 11 hours of rest between shifts, access to adequate hours, and predictability pay to compensate employees for last-minute schedule changes,” according to the Washington Post.

Rotating shifts are stated as a struggle for 60 percent of shift workers, but they are still “able to do their jobs,” according to the Eastern Kentucky University infographic. However, the infographic also addresses that 20 percent of shift workers “have extreme difficulty with shifts and about half of those are unable to tolerate shift work at all.”

So whether the shift is 4 p.m. to midnight, all night long, or eight or 12 hours, please keep in mind that workers and their loved ones are affected, and employers should do their best to decrease those challenges to both retain workers and increase productivity.


EKU Occupational Safety Program

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , , .

Benefits: Do You Use What You Get?

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Source – Project: Time Off

As the firm’s research and marketing director, I spend quite a bit of time finding topics for social-media discussions and generally researching on the Internet. One of the sources I’ve listened to for years on my personal time is the Marketplace suite of shows, first on the radio, now with the convenience of podcasts.

They bill themselves as “business and economic news” and frequently cover what I would consider workers’ issues like safety, employment trends, and benefits, usually resulting in very balanced, informative reporting.

As the end-of-summer activities put a focus on children returning to school, many people are wrapping up their vacations for the year. But others don’t take summer vacations, as they are either saving up their time for something else, don’t have the luxury of those kinds of benefits, or just don’t take advantage of the benefits offered.

In today’s blog post, I challenge you to think about how you use any benefits that are available. If you have the luxury of vacation days and sick leave, or just blanket paid-time-off days, do you take those days or not?

There were three recent stories from Marketplace that offered perspective about the specific workplace benefits of vacation and parental leave (parental leave is when a child is born or adopted).

Please consider taking a few minutes to read and/or listen to them:

Although some may say these are idealistic or even untenable situations from a business perspective, I wonder about what workers at these businesses think. Is the reality as rosy as the policy? What kind of a workplace culture can support an idea like unlimited vacation? Is there resentment among the workers about who is gone when? And with great benefits, can workers increase or stand up to the scrutiny of expected productivity and actually get to enjoy those benefits?

I think this quote from the unlimited-vacation story is the most helpful and boils down to folks working hard while they are at work and then recharging while they are away. It also is a results-oriented argument for offering good benefits for workers.

“‘Team members can take time off whenever they need it or whenever they want to,’ says Netta Samroengraja, CFO and chief people officer. ‘We feel like we have a much more motivated work force and they’re absolutely much more productive as well while they’re here.’”

Have a safe and productive day, and take care.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in employment law, Workplace Safety and tagged , , , , , , .

Tragic Cannery And Construction Site Deaths Highlight Need For Safety Enforcement

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Today’s post comes from guest author Catherine Stanton, from Pasternack Tilker Ziegler Walsh Stanton & Romano in New York City. Sometimes it is challenging to not wonder why a system or a safety policy was such a big failure that it resulted in the death of a worker. I like what Ms. Stanton wrote in the blog post: “The failure to follow or implement proper safety procedures was a calculated risk, a terrible misstep, or a downright criminal act.” That is one of the many reasons why the blog posts that come from the firm have a general focus on worker safety. Think of safety at work as an act of prevention, because the following quote from Ms. Stanton is also accurate. “According to OSHA rules, employers have the responsibility to provide a safe workplace.” Have a safe and productive week.

I was horrified when I recently read about a worker for a tuna company who was killed when he was cooked to death at the company’s California canning factory. According to the New York Daily News, the worker, Jose Melena, was performing maintenance in the 35-foot oven when a co-worker failed to notice he was still in the oven and turned it on to begin the steaming process of the tuna. The co-worker assumed Melena had gone to the bathroom. 

While there apparently was an effort to locate the worker, his body was not found until two hours later when the steamer was opened after it completed its cooking cycle. As an attorney, my clinical instinct shifts my focus to the mechanics of the accident and to fault. There are so many unanswered questions.  Why didn’t anyone check the machine before it was turned on? Why wasn’t the machine immediately shut down when they realized the worker was missing? As a person with feelings and emotions, I think of the horror and pain he must have gone through and the loss experienced by his family and friends as a result of his death. It is almost too awful to imagine. 

While this terrible tragedy occurred in 2012, it appears the reason that the story is currently newsworthy is that the managers were only recently charged by prosecutors in the worker’s death for violating Occupational Safety & Health Administration (OSHA) rules. Closer to home, more recent and just as unfortunate were the cases of the construction worker in Brooklyn who fell six stories from a scaffold while doing concrete work and a restaurant worker who was killed in Manhattan when a gas explosion destroyed the building he was working in. 

These stories highlight why safety procedures are so important. In some cases, there are no proper safety precautions in place. In others, there are safety measures in place but they may not have been followed. In rarer cases, crimes are committed that result in workplace fatalities. The failure to follow or implement proper safety procedures was a calculated risk, a terrible misstep, or a downright criminal act. In the case of the worker who died when he fell from a scaffold, there has been speculation that he may not have been attached properly to his safety harness. In the tuna factory death, the managers were charged with violating safety regulations; they face fines as well as jail time for their acts. In the gas explosion, there are allegations that the explosion was caused by workers’ illegally tapping into the restaurant gas line to provide heat for upstairs tenants. Prosecutors were trying to determine criminality; whatever the final outcomes, it appears that in these three instances the deaths were preventable. 

According to OSHA rules, employers have the responsibility to provide a safe workplace. They must provide their employees with a workplace free of serious hazards and follow all safety and health standards. They must provide training, keep accurate records, and as of January 1, 2015, notify OSHA within eight hours of a workplace fatality or within 24 hours of any work-related impatient hospitalization, amputation or loss of an eye.  

While this may seem like a small step, anything that results in creating higher standards for employers or encouraging them to keep safety a priority is always a good thing. These three examples are only a small percentage of the workplace deaths that occur each year. While not every death is preventable, everyone is entitled to go to work and expect to leave safely at the end of their shifts.  

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workplace Injury, Workplace Safety and tagged , , , .

How Does Workplace Violence Fit into Workers’ Compensation?

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The Occupational Safety and Health Administration (OSHA) defines workplace violence as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. OSHA also reports that nearly 2 million American workers report having been victims of such violence each year. We are probably most likely to think of the horrible stories of violent acts that occur in the course of commission of a crime such as a robbery. These acts are committed by persons who have no legitimate reason to be there, with no relationship to the employer or employees. Many instances of workplace violence are also committed by upset clients or customers, students or patients. Family members, acquaintances, and persons who have personal relationships with employees may also be perpetrators.

What happens when someone is injured due to violence that occurs between co-workers, though? Are injuries sustained as a result of this violence compensable under Nebraska workers’ compensation law? The answer, like many answers to legal questions, is it depends. The fact that you can prove you were assaulted and injured on the job does not automatically mean you are entitled to benefits. It is always the injured workers’ burden to prove he or she suffered injuries because of an accident arising out of and in the course of employment. Here, too, an injured worker must prove the accident resulted from risks arising from within the scope or sphere of the worker’s job. The general rule for workplace violence in Nebraska law is that where an assault is purely personal, the victim is not entitled to workers’ compensation benefits. This means that if you are assaulted at work by a co-worker, and you are unable to show that the violence grew out of or was connected to the relationship as fellow employees or acts in the performance of work, you may not be entitled to compensation for your injuries. 

Examples of cases where an injured employee was denied benefits include where a fight broke out over payment on a side job, where one employee assaulted another because he had a problem with that employee’s status as a registered sex offender, or where one employee shot and killed her husband (a co-worker) allegedly due to her fear of further domestic violence. The courts determined in these cases there was no causal connection between the employment and the accident and injury.

Whether an accident arises out of and in the course of employment must be determined by the facts of each case. As a practical matter, in many cases, a claim for injuries due to workplace violence may take more time than usual to process. Sorting through witness accounts and getting every side of the story will be a necessary and often complicated part of the workers’ compensation insurer’s investigation. Since finding out the reason for the incident is significant, benefits may be more likely to be delayed than in a more typical or common workers’ compensation claim. It is important to consult an experienced workers’ compensation attorney if you have questions about whether you are entitled to workers’ compensation benefits for an injury resulting from workplace violence.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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Workers’ Compensation Basics: What is a Workers’ Compensation Accident?

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injured workerThis blog post is the third in a series that examines the basics of workers’ compensation.

To be a covered workers’ compensation claim, an employee’s personal injury must be caused by an accident or occupational disease, but what does that mean?

The Nebraska Workers’ Compensation Act defines accident as: “an unexpected or unforeseen injury happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. The claimant shall have a burden of proof to establish by a preponderance of the evidence that such unexpected or unforeseen injury was in fact caused by the employment. There shall be no presumption from the mere occurrence of such unexpected or unforeseen injury that the injury was in fact caused by the employment. …” Nebraska Revised Statute 48-151 (2)

Of course, many workers’ compensation injuries are not as simple or as clear as a broken arm that was the result of a fall. Some injuries are caused by repetitive motion or cumulative trauma on the job. In those cases, the injuries are still considered workers’ compensation “accidents” under the definition above, even though the injuries did not truly occur “suddenly and violently” as required by the statute.

As for an occupational disease, the Workers’ Compensation Act defines it as “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment and shall exclude all ordinary diseases of life to which the general public is exposed.” Nebraska Revised Statute 48-151 (3) Examples to think about would be mesothelioma for asbestos workers or black lung for coal miners.

In sum, pretty much any injury or illness that an employee receives from work can fit into the definition of “accident” under the Nebraska Workers’ Compensation Act. However, proving the injury is much more difficult and may require the help of a lawyer.

Read the previous blog posts in the series by clicking on these links: Workers’ Compensation Basics: Are You an Employee? and What is Workers’ Compensation?

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Injury Reporting, Work Injury, Worker safety, Workers' Comp' Basics, Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , , .

Nebraska’s Statistics Inform in AFL-CIO Report

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Here’s the third installment in an occasional series about the annual report that the AFL-CIO recently released regarding fatalities at work. Today’s blog post focuses on Nebraska statistics and numbers only, and 2013 was the most recent year for which information was available, with some information coming from OSHA’s 2014 fiscal year. When that is the case, it is noted.

The table “Workplace Safety and Health Statistics by State, 2008-2013” includes Fatality Rates, which is the rate of deaths per 100,000 workers; Injury/Illness Rates, which is the rate of total cases per 100 workers; and Average Penalties from OSHA.

“Fatality Rates” in Nebraska were

  • 2008: 5.7
  • 2009: 6.2
  • 2010: 6.3
  • 2011: 3.9
  • 2012: 5.2
  • 2013 4.0

“Injury/Illness Rates” were

  • 2008: 4.4
  • 2009: 4.1
  • 2010: 4.2
  • 2011: 3.9
  • 2012: 3.9
  • 2013: 3.8

“Average Penalties” were $1,106 in fiscal year 2009; $1,279 in 2010; $2,984 in 2011; $2,835 in 2012; $2,565 in 2013; and $2569 in fiscal year 2014. This includes “averages per serious citation for conditions creating a substantial probability of death or serious physical harm to workers,” according to the report.

The table “Workplace Fatalities by State, 1995-2013” includes the following statistics. Please respect that one death of each yearly total was a real person with loved ones whose lives most likely changed abruptly after his or her death.

  • 1995: 54
  • 1996: 56
  • 1997: 46
  • 1998: 56
  • 1999: 66
  • 2000: 59
  • 2001: 57
  • 2002: 83
  • 2003: 51
  • 2004: 46
  • 2005: 36
  • 2006: 57
  • 2007: 63
  • 2008: 53
  • 2009: 57
  • 2010: 54
  • 2011: 39
  • 2012: 48
  • 2013: 39

The table “Fatal Occupational Injuries by State and Event or Exposure, 2013” included the following information for Nebraska: Total Fatalities, 2013: 39

  • Assaults and Violent Acts: 4
  • Transportation Incidents: 21
  • Fires and Explosions: 0
  • Falls: 4
  • Exposure to Harmful Substances or Environments: 1
  • Contact with Objects and Equipment: 9

The table “Number and Rate of Injuries and Illnesses by State for All Industries, Private Industry, State Government and Local Government, 2013” gives no explanation for why the number of injuries/illnesses was not applicable for state government for that year.

“Number of Injuries/Illnesses”

  • All Industries: 29,200
  • Private Industry: 24,700
  • State Government: N/A
  • Local Government: 3,300

“Rate of Injuries/Illnesses” per 100 Workers

  • All Industries: 3.9
  • Private Industry: 3.7
  • State Government: 3.6
  • Local Government: 6.2

The table “Hispanic or Latino Worker Fatalities by State, 1996-2013” … “includes both foreign-born and native-born” people, according to the document.

  • 1996-2001: 0 each year
  • 2002: 9
  • 2003: 3
  • 2004: 4
  • 2005 and 2006: 0
  • 2007: 4
  • 2008: 5
  • 2009: 0
  • 2010: 3
  • 2011: 3
  • 2012: 5
  • 2013: 3

The table “Foreign-Born Worker Fatalities by State, 1996-2013” shows that “the definition of “foreign-born” employed by the Census of Fatal Occupational Injuries refers simply to workers not born in the United States or U.S. territories and does not convey information on citizenship at birth,” according to the document.

  • 1996-2001: 0
  • 2002: 12
  • 2003: 0
  • 2004: 3
  • 2005 and 2006: 0
  • 2007: 5
  • 2008: 6
  • 2009: 4
  • 2010: 3
  • 2011: 3
  • 2012: 7
  • 2013: 4

Finally, here are links to two previous blog posts written about the AFL-CIO report: Death on the Job Annual Report from AFL-CIO Informative, Useful and ALF-CIO Report: Here are Some of Nebraska’s Numbers and Rankings. Two more blog posts that include statistics from the report on Iowa will also be shared in the near future, as well as a blog post that includes many of the nation’s totals for the categories listed above.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workplace Injury, Workplace Safety and tagged , , , , .

The Role Workers’ Compensation Plays in the Amtrak Train 188 Derailment

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Our sympathies go out to all of the friends and families of the victims of Tuesday’s Amtrak passenger train derailment in Philadelphia, as well as a wish for the recovery of those injured. The latest news reports indicate that, as of Friday morning, the crash has left at least eight dead and more than 200 injured. 

In reading some of the profiles of those fatally injured in the crash, I have thought about how the families of these victims move forward now. There has been a lot of discussion of the role of Amtrak’s negligence, train safety in the United States, and the engineer responsible for driving the train, but little has been mentioned of the role of the employers of the victims, some of whom were traveling to or from work or on work-related business. Some of these employers may be responsible for providing workers’ compensation benefits, and some may not. Of the eight fatalities, one individual was reportedly headed home following work-related meetings in Washington, D.C. Another was reportedly commuting home to New York from her job in Philadelphia. Although the circumstances appear similar, Nebraska and other states’ workers’ compensation law would likely treat these two claims very differently. 

Nebraska follows a going to and from work rule, which states that accidents occurring in the course of a worker’s travel are generally deemed not to be compensable when the worker is “going or coming” from his or her place of employment. This rule essentially finds that a worker’s daily commute is not covered by workers’ compensation. This travel time is not considered to be within the course and scope of employment. It is likely that the crash victim who was commuting home to New York and her family would not be eligible for workers’ compensation benefits.

One of the exceptions to the going to and from work rule is the “commercial traveler” rule. This rule essentially provides that, if a claimant must be required to travel in the performance of his or her duties and be on the employer’s business during travel, they are generally within the course and scope of their employment from the time they leave home until they return. Some exceptions may arise if it is determined that the employer’s interest was merely incidental, but generally those workers traveling on business, like the crash victim who was reportedly returning home from work-related meetings, should be covered by workers’ compensation.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , , .

ALF-CIO Report: Here are Some of Nebraska’s Numbers and Rankings

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How did Nebraska fare in the recent AFL-CIO Death on the Job annual report? Generally speaking, better than some but not as well as all the other states.

Here’s some helpful information that quantifies how things are going for working Nebraskans when it comes to safety at work, looking through information from many sources, including the U.S. Department of Labor’s Occupational Safety and Health Administration.

“When it comes to job safety enforcement and coverage, it is clear OSHA lacks sufficient resources to protect workers adequately. A combination of too few OSHA inspectors and law penalties makes the threat of an OSHA inspection hollow for too many employers,” according to the report.

Staffing levels are stark at federal OSHA. Nebraska is one of 10 states (others include Arkansas, California, Delaware, Florida, Georgia, Louisiana, South Dakota, Texas and West Virginia) where “it would take 150 years or more for OSHA to pay a single visit to each workplace,” based on current staffing levels, with the actual number in Nebraska being 163 years. Though at the current level of state and federal OSHA inspectors there is one inspector for every 71,695 workers, Nebraska is one of the states where “the ratio of inspectors to employees is greater than 1 per 100,000 workers.” That means for the 932,768 employees in the state in 2013, there were 9 actual inspectors, leading to a ratio of 1/103,641, according to the table “Number of OSHA Inspectors by State Compared with ILO Benchmark Number of Labor Inspectors.” Note that Nebraska relies on the federal program only, so unlike Iowa, there is no state OSHA program.

Here’s some statistics from the table “Profile of Workplace Safety and Health in the United States.” For Nebraska, there were 39 fatalities in 2013, meaning a rate of 4.0 fatalities per 100,000 workers, ranking the state 31st in the nation for worker fatalities that year.

In addition, there were 24,700 worker injuries or illnesses reported in 2013, resulting in a rate that was 3.8 injuries or illnesses per 100 workers. OSHA’s penalties in fiscal year 2014 averaged $2,569, or 4th in the nation, for “averages per serious citation for conditions creating a substantial probability of death or serious physical harm to workers,” according to the same table cited above.

The table “State-by-State OSHA Fatality Investigations, FY 2014” shows that 12 OSHA fatality investigations were conducted in Nebraska in fiscal year 2014. A total of $268,671 in penalties was proposed, with the average penalty per investigation being $22,389. The median initial penalty proposed by OSHA was $10,800, while the median current penalty is $4,800.

Businesses often negotiate down their penalties with OSHA, and OSHA also tends to decrease or eliminate penalties once there is evidence of the safety issues being fixed. This is because OSHA’s ultimate focus is on workplace safety, not on holding businesses’ accountable for workers’ injuries or deaths.

To get your questions answered about specific Nebraska or Iowa workplace safety concerns, please contact lawyers who are experienced in workers’ compensation law.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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