Tag Archives: OSHA

Take the Time for Ag Safety This Holiday Season

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I hope you and yours were able to have a nice Thanksgiving break. Many people aren’t afforded that luxury because of work or other circumstances, so thoughts go out to them during the holidays. Due to an incident that recently happened on a local turkey farm near Waverly, the loved ones of Mr. Joaquin Danilo Mina Munoz are grieving his death. Sympathies are definitely extended to his loved ones.

Although original reports of being “sucked into grain while working with a running auger” were incorrect, Mr. Munoz did apparently die “when his clothing got tangled on the auger blade shaft” of a grain truck, according to the tragic story.

That incident got me to thinking about safety in agriculture. Now that the corn and soybean harvests are done, some folks breathe a big sigh of relief, but they shouldn’t be lax when it comes to safety.

Unfortunately, farming is one of the most dangerous jobs on the planet. And, as firm partner Todd Bennett wrote in a previous blog post, workers’ compensation is complicated in Nebraska when it comes to ag and farming operations. In fact, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) only covers a part of the nation’s grain-handling facilities, according to a recent in-depth story in the Lincoln Journal Star. That is why safety in grain handling and in agriculture in general is so important.

In addition, OSHA recently cited Double Dutch Dairy in Shelby, Neb., for four serious violations and proposed fines of $22,500 for an incident on June 17 where a worker was “fatally injured by a front-end loader,” according to the news release in the link. The Wisconsin-based dairy was cited “after an inspection found that the driver’s view was obstructed,” when the driver struck the worker.

Now that the busy harvest season is done and the busy-in-a-different-way holiday season is upon us, I urge all workers, but especially those in agriculture, to review their safety practices and take care so all can have the luxury of spending a little bit of time with their loved ones over the upcoming holidays.

Struck-by Vehicle Incidents: OSHA’s Regional Emphasis Program for Region 7

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The Occupational Safety and Health Administration (OSHA), which is part of the U.S. Department of Labor, has announced via news release that it’s continuing its Regional Emphasis Program in Region 7 for struck-by vehicle incidents.

As was mentioned in a recent blog post, Region 7 includes the states of Iowa, Nebraska, Kansas and Missouri.

Here is some additional information from the news release:

Over fiscal years 2008 through March 2013, “15 percent of all workplace fatalities investigated by the Kansas City Office … have involved vehicle accidents that struck employees in the workplace,” and there were 37 vehicle-related fatal incidents. The operator was the victim 43 percent of the time, while 57 percent of the time, the vehicle struck another worker. In addition, “seventy percent of the fatal incidents occurred at general industry work sites, while 24 percent happened in construction.”

Vehicles involved include “conventional vehicles, forklifts, semi-trucks and other moving industrial equipment” like cranes and yard trucks and cover the “construction, general and maritime industries.”

OSHA does inspections to follow up on complaints and referrals they get about the vehicles, and the news release also included a link that addresses struck-by hazards, which can be found here.

OSHA’s Region 7 Busy in September

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The U.S. Department of Labor’s Occupational Safety and Health Administration is frequently referred to as OSHA.

OSHA’s Region 7 covers Iowa, Nebraska, Kansas and Missouri, although Iowa operates its “own OSHA-approved job safety and health programs and cover state and local government workers as well as private sector workers.” In addition, the approved program “must have standards that are identical to, or at least as effective as, the federal OSHA standards,” according to an OSHA web page. The region has had a busy month releasing the results of investigations and resulting fines, so I thought it would be interesting to make this blog post a roundup of the results, which were gleaned from OSHA news releases, found at the web page for Region 7.

Although the proposed fines unfortunately do not reflect the severity of some of the injuries, OSHA’s job is not to punish businesses for injured workers, but for unsafe working conditions. That also means that fines are often decreased or eliminated when the hazard in the workplace is fixed. However, OSHA investigating a business based on an accident can often help an injured person’s workers’ compensation case.

  1. Date and location: Sept. 2, McCool Junction, Neb.

    Proposed fine: $84,000

    Number of citations for safety violations: one repeat, two serious to Farmers’ Cooperative at its McCool Junction fertilizer plant

    Details: A 73-year-old worker died from injuries after falling while loading a tanker truck on May 7, according to OSHA’s news release. Citations were related to lack of fall protection, lack of guard rails, and not providing railing on stairways.

  2. Date and location: Sept. 2, Kansas City, Mo.

    Damages paid to whistleblower: $12,000: $2,000 compensatory and $10,000 punitive

    Law violated: Federal Railroad Safety Act by Farmers’ Cooperative

    Details: A railroad conductor at the Murray Yard complex was disciplined in retaliation after a doctor’s appointment in November 2013 where the doctor told him to stay out of work for the rest of the day because of a personal illness, according to OSHA’s news release. Although the worker notified a supervisor about the doctor’s treatment plan, “the company then accused the employee of violating its attendance policy and subsequently disciplined the employee.” In addition to paying damages, the company must “remove disciplinary information from the employee’s personnel record and provide whistleblower rights information to its employees.”

  3. Date and location: Sept. 22, Omaha, Neb.

    Proposed fine: $133,900

    Number of citations for safety violations: three repeat and three serious, including confined space safety regulations, to Watco Companies of Pittsburg, Kan., a business that specializes in rail car repairs and has 30 employees in Omaha

    Details: A worker “reported suffering from respiratory inflammation after performing welding work inside a rail car in Omaha,” according to OSHA’s news release. An investigation in March was launched after the Nebraska Department of Labor Workers’ Compensation Division notified OSHA via a report of the illness. Repeat violations were “for failure to implement training, procedures and practices for safe entry into these spaces, including the company’s failure to evaluate for hazards, and to provide workers with communication devices or implement measures to prevent unauthorized entry.” Previous citations that made these repeat happened in Texas in 2013. “Serious violations were cited for failure to provide administrative and engineering controls to reduce damaging noise exposure, electrical hazards and lack of atmospheric controls in confined spaces.”

  4. Date and location: Sept. 25, Holdrege, Neb.

    Proposed fine: $14,000

    Number of citations for safety violations: two serious: “for failing to train workers in the recognition of unsafe conditions and to teach them how to access emergency medical services from a job site,” according to OSHA’s news release. The company is Van Kirk Sand and Gravel, operating as Van Kirk Brothers Contracting, which is based in Sutton, Neb.

    Details: One worker died and one worker was hurt after getting hit “by an excavator bucket while installing stormwater drainage in a trench … in Holdrege on July 17.” The inspection by OSHA “found that one of the employees sustained puncture wounds from the bucket after it disconnected from the excavator and rolled into the trench from a height of about 4 feet.” That worker died, and the other worker “suffered contusions and abrasions in the incident and has since returned to work.”

  5. Date and location: Sept. 25, Wichita, Kan.

    Damages paid to whistleblower: $261,787 for back wages and damages; and also reinstatement to their job and removing references to the disciplinary action from the employee’s record

    Law violated: Surface Transportation Assistance Act by Stericycle Inc. of Lake Forest, Ill., which specializes in biohazard waste disposal

    Details: “An investigation found the company wrongfully terminated a transportation supervisor at its Wichita terminal because the worker raised safety concerns after a driver was instructed to pull a trailer without a valid license plate,” according to the OSHA news release. When the employee was fired in September 2012, it was because of his status as a whistleblower. “It was determined that his protected activity was a contributing factor in the company’s decision to terminate his employment on Sept. 14, 2012, in direct violation of STAA.”

In addition to investigating unsafe working conditions, OSHA also works with nonprofits, businesses and industries to promote safety and accident prevention, which is what the remainder of the news releases in September are about.

  • On Sept. 3, OSHA announced that it is forming an alliance with the Heartland Workers Center of Omaha. This effort will “provide HWC staff, immigrant workers and others with education, guidance and access to training resources on protecting the health and safety of workers,” according to the OSHA news release. This includes promoting workers’ rights, how to make an OSHA complaint, what employers’ responsibilities are under the Occupational Safety and Health Act, and providing Spanish-language safety and health training.
  • On Sept. 16, OSHA announced that it will work with Holder Construction Group to keep workers safe during the building of a data center called the Oasis project in Omaha, “which will include a chiller plant, administrative areas and supporting mechanical, electrical and plumbing rooms,” according to OSHA’s news release. The estimated 180 tradesmen who will construct the building, along with their employers, will learn “about hazards construction workers face daily on the job, including fall, electrical, caught-in and struck-by hazards.” In addition to other details, “all contractors and subcontractors on the project will be required to have specific written safety and health programs in place and attend meetings before major work takes place.”
  • Finally, on Sept. 25, OSHA announced in a news release that it was National Farm Safety and Health Week Sept. 21-27. Although the way workers’ compensation is handled when it comes to agriculture varies from state to state, ag is a dangerous industry. The news release includes both statistics and resources with many links for ag workers and their loved ones and also employers. The 2014 theme was “Safety Counts: Protecting What Matters,” according to the OSHA news release. “With a fatality rate of 22.2 for every 100,000 full-time workers, agriculture recorded the highest fatality rate of any industry sector,” in 2013. Issues include “awareness of confined space, farm equipment, grain handling … work-related lung diseases, heat exposure, noise-induced hearing loss, struck-by and fall hazards, skin diseases and certain cancers associated with chemical use and prolonged sun exposure.”

While it would be great if OSHA didn’t have to exist because workplaces were safe for employees, it is helpful to see both proactive steps taken to make workplaces safe and also businesses being held accountable when workers are injured because businesses or job sites are unsafe in Region 7.

Grain Handling Safety Concerns Occur All Year

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During the hustle and bustle of harvest beginning, some agricultural producers are in a hurry. Obviously there are a lot of different ways to focus a blog post during harvest time, but today I’d like to feature one that we wrote last year about grain handling safety. It is probably more in the minds of folks now because of harvest starting and the specialized machines being used now, not to mention the ramping up of workers needed to bring in the harvest. In fact, I know of many people who take days off of work to “go home” to help friends or family with the harvest, so there may also be people working who aren’t as familiar with day-to-day farming operations.

Regardless of whether one is a regular worker or a temporary volunteer, grain handling safety should be on workers’ and employers’ minds all year long. Very recently, OSHA held the owners of a grain elevator accountable for an incident that killed a 51-year-old man in South Dakota in March. Sadly, the gentleman was “engulfed in flowing grain in a railcar load-out elevator at Prairie Ag Partners,” according to the news release from OSHA. This resulted in proposed fines of $120,120 and the Lake Preston, S.D., business being put in OSHA’s Severe Violator Enforcement Program. Citations were “for one willful, two repeat and eight serious safety violations, many involving OSHA’s grain handling, permit-required confined space and fall protection safety regulations.”

I would note that OSHA sees incidents like this as such a problem that is has developed a National Emphasis Program for Grain Handling Facilities. What’s the most disturbing about this situation is that it was most likely preventable. Eric Brooks, OSHA’s area director in Bismarck, N.D., talked about the dangers of workers getting entangled when machines move grain and the worker is submerged. “If Prairie Ag Partners had followed basic safety standards, this tragic incident could have been prevented,” Brooks said in the news release.

That is a stark reality: following “basic safety standards.” So this harvest time, and whenever working with grain, make sure both businesses and workers know and follow the necessary safety standards. Have a successful and safe harvest season.

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.

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.