Tag Archives: OSHA

Ladder Accidents on the Rise

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Today’s post comes from guest author Kristina Brown Thompson from The Jernigan Law Firm in North Carolina.

What kinds of tools do you have at home that you could use some training for or may not actually know how to use but use anyway?

The United States definitely has a do-it-yourself culture. There’s even an acronym for it: DIY. However, just because a person can do it themselves doesn’t mean it’s a good or safe idea. Sometimes it’s easier and safer to hire someone who’s trained for a home-improvement or maintenance project. After all, it’s their job to complete a project safely.

If you do choose to do-it-yourself, take your safety focus and training home with you. As is mentioned in the article below, make sure you have the equipment, skills and training to do the job safely and correctly.

When my husband and I purchased our home, we immediately bought a forty-foot ladder because obviously we would be cleaning our own gutters and needed the biggest ladder possible to reach the roof. Our first attempt to use the ladder was miserable. We could barely lift the ladder. After a few pathetic attempts to use the ladder, we realized this was a stupid idea and outsourced the job to professionals. Looking back now, it was crazy to even consider using the ladder given the sloped terrain of our yard and given the height of the home. 

According to the American Journal of Preventive Medicine, ladder accidents are on the rise in the United States. From 1990 to 2005, reported ladder accidents increased fifty percent (50%). That’s over two million people, or 136,000 people a year, treated for injuries sustained while on a ladder. Despite the risk of using a ladder, it seems that many still do not follow common safety precautions. The four main problems are: (1) selecting the wrong type of ladder, (2) using old or damaged ladders, (3) incorrect use of ladders, and (4) incorrect placement of ladders.

In my situation, we were likely using the wrong ladder, incorrectly, and certainly did not have it correctly placed. We’re lucky we didn’t end up in the ER. Ladders need to be treated like any dangerous tool. OSHA recommends significant training before allowing employees to use ladders. According to the Bureau of Labor Statistics, fifty percent (50%) of all ladder-related accidents were due to individuals carrying items as they climbed.  To avoid a potentially life-changing injury, encourage your friends and family to practice ladder safety. Avoid using a ladder alone, and always make sure you are using the correct ladder and have it set up properly.

 

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.

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.

Are Forklifts Dangerous?

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Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm, in North Carolina. He writes about forklifts in the workplace. It is important to be properly trained on any equipment that a person is required to use at work. Forklifts are a fairly common piece of equipment in many business environments, including manufacturing, construction, retail, and other places. Thoughts are with the victims of the forklift incidents in the tragic examples that Mr. Jernigan gives. Please ask for training if you haven’t gotten it on each piece of equipment, and be aware of your right to safely operate equipment at your workplace. The Occupational Safety and Health Administration (OSHA) covers forklifts under the section called Powered Industrial Trucks, and you have to be certified to operate these lifts. The smaller ones you see weigh up to 7,000 pounds and they are so dangerous some experts consider them “inherently dangerous.” It is in violation of federal law to operate a forklift if under the age of 18, and OSHA requires that you be specifically trained. See 29 CFR 1910.178. If operated properly, a forklift is no more dangerous than any other piece of heavy machinery. However, if the operator is not properly trained and certified bad things can happen. We now represent a young man who was allowed to operate a forklift without any certification and the forklift turned over on him and crushed him, damaging several internal organs and his spine. He survived, but he is partially paralyzed from the waist down. He will have a lifetime of pain. He has lost the use of both feet. Other examples are workers being crushed when a forklift accidentally runs into them. The human body cannot withstand a crush impact from a 7,000 pound machine. If the lifts on the forklift are elevated with a heavy load, the potential for a tip-over is greatly increased, even if the operator is moving slowly. Never underestimate the power of a forklift. For more information go to osha.gov and review Powered Industrial Trucks.

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.

Former President of Chemical Company Sentenced for Federal Crimes Related to Employee Deaths

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Today’s post was shared by Gelman on Workplace Injuries and comes from ehstoday.com. Mr. Jon Gelman is a respected colleague who focuses on workers’ compensation in New Jersey.

As the post points out, it is unusual, but not unheard of, for an employer to be charged and sentenced for Occupational Safety and Health Act violations. In fact, in 2012, I wrote about a situation that happened at a Nebraska grain elevator that caused a worker’s death and resulted in a misdemeanor charge, including a $100,000 fine and 2 years of probation for the employer.

The article below is important for a number of reasons. First, two truck drivers, Joey Sutter and Charles Sittig, died as a result of chemical exposure to hydrogen sulfide through their work. Next, the company’s former president, Matthew Lawrence Bowman, was sentenced to serve 12 months in federal prison and also fined $5,000, according to the article. As president of his company, Port Arthur Chemical and Environmental Services LLC (PACES) of Port Arthur, Texas, Bowman even directed some of the violations. And these actions were “criminally negligent,” according to John M. Bales, U.S. attorney for the Eastern District of Texas.

Although no amount of prison time or fines can bring the drivers back to their loved ones, it is good to see someone being held at least a little bit accountable for the dangers of this company’s practices.

Matthew Lawrence Bowman, the former president of Port Arthur Chemical and Environmental Services LLC (PACES) finally had his (sentencing) day in court. Bowman pleaded guilty on May 9 to violating the Occupational Safety and Health Act (OSH Act). It is rare for individuals to be prosecuted and sentenced to violations of the OSH Act.Bowman admitted to not properly protecting PACES employees from exposure to hydrogen sulfide, a poisonous gas resulting in the death of truck driver Joey Sutter on Dec. 18, 2008. In addition, Bowman admitted to directing employees to falsify transportation documents to conceal that the wastewater was coming from PACES after a disposal facility put a moratorium on all wastewater shipments from PACES after received loads containing hydrogen sulfide. He was sentenced to serve 12 months in federal prison on Oct. 28 by U.S. District Judge Marcia Crone. Bowman was also ordered to pay fines in the amount of $5,000.

Acting Assistant Attorney General Robert G. Dreher called the sentence “a just punishment” for Bowman’s actions, which placed workers “at unacceptable risk and had fatal consequences.”

“The Justice Department and the U.S. Attorney’s Offices will continue to work with our law enforcement partners to vigorously investigate and prosecute those who violate the laws enacted to ensure the safety of workers handling hazardous materials and to prevent the kind of tragedies that…

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