Tag Archives: OSHA

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.

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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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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.

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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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Improving Workers’ Compensation for Workers: Another View

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There’s a lot to debate and digest in the recent NPR/ProPublica workers’ compensation series. The Center for Effective Government has published an analysis that adds to the discussion. The piece’s catchy title is Six Charts Explain How Workers’ Compensation is Deteriorating. It points to evidence that supports the need for change that protects workers, rather than reducing business costs.

The article points out: 

  • The amount employers pay into workers’ compensation programs is at historic lows.
  • Workers’ comp is not burdening business.
  • The costs of workplace injuries and illness have shifted to workers.

I don’t agree with the author’s recommendations for improving workers’ compensation (federal preemption) but am convinced that the evidence is strongly on the side of ending the current spate of “cost reduction aka profit enhancement” proposals that show up in state legislatures annually. We should be focusing on improving the system for workers and reducing the human and economic costs for injured workers and their families.

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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Safety, Health a Struggle at Wal-Mart, Nation’s Biggest Employer

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Wal-Mart Stores Inc. is the nation’s largest employer, according to USA Today. Including Sam’s Club, 2.2 million people worldwide work there, and more than 1.3 million work for the company in the United States.

Being the nation’s largest employer also should mean being responsible for employees’ health and safety. Sadly, that’s not really the case.

Charlene Obernauer, executive director of the New York Committee for Occupational Safety and Health (NYCOSH) recently wrote this blog post for HuffPost Business.

Her framework starts with OSHA’s citation of $7,000 when security guard Jdimytai Damour died after being trampled on Black Friday almost 7 years ago. Earlier in March, after spending more than $1 million fighting the fine, “Wal-Mart decided to withdraw their appeal and pay up, not because they admitted wrongdoing, but because of a desire to put the matter to rest,” according to Obernauer’s article.

She goes on to list examples of health and safety violations by “Wal-Mart-affiliated warehouse distributors” and Wal-Mart stores themselves.  This included the following scenario:

“The company was also cited several serious violations for not immediately providing employees with adequate personal protective equipment and never offering a Hepatitis B shot after they cleaned up blood on the job, along with a number of other violations of OSHA’s bloodborne pathogen standard.”

In addition, the firm’s blog has previously featured posts that include Wal-Mart’s attitude toward injured workers on transitional duty and paying workers so little that they need public benefits.

I agree with Obernauer’s final paragraph completely.

“While finally agreeing to stop appealing a $7,000 fine after a worker died on Wal-Mart’s watch is a step in the right direction, it is a puny step down a prolonged path towards creating healthier, safer and more just jobs at Wal-Mart. They have a long way to go.”

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 Covers Fast-Food Workers, Too

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All employees of fast-food restaurants, including part-time workers, students and retirees, are covered by ‪workers’ compensation laws. Frequently, fast-food employees are not aware of these rights or are afraid to make claims, despite recurring injuries in these workplaces. These workplaces are dangerous, and recent efforts by the Occupational Safety and Health Administration (OSHA) may result in a safer environment.

In fact, McDonald’s workers in 19 cities have requested OSHA inspections, “alleging they’ve been injured because of a lack of training and protective equipment,” according to a recent article in the Chicago Tribune.

“Scott Allen, an OSHA spokesman, said the agency is investigating some McDonald’s in several states. ‘We do investigate all complaints and take every complaint seriously,’ Allen said.”

Meanwhile, McDonald’s, in the statement quoted below, essentially discounted the complaints as disgruntled workers and activists who are focused on the brand and want to make sure the media is covering the activists’ concerns.

“McDonald’s and its independent franchisees are committed to providing safe working conditions for employees in the 14,000 McDonald’s Brand U.S. restaurants. We will review these allegations. It is important to note that these complaints are part of a larger strategy orchestrated by activists targeting our brand and designed to generate media coverage.”

I would note that as much as we in the general public like to blame the media (or the messenger), respected publications like the Chicago Tribune usually realize when a story is fluff and when it is a legitimate concern. I believe, like the Tribune coverage would show, that this situation falls into the legitimate concern category.

A total of 28 complaints, nine against corporate-owned restaurants and 19 against franchisees’ locations, were submitted to OSHA, according to information from the campaign called Fight for $15.

“Complaints include one from a New Orleans worker who cited lack of training and equipment for burns suffered while filtering grease, according to documents provided by the campaign. The campaign also alleges that a Philadelphia worker who was badly burned when reaching for a cookie tray was told by a manager to use mayonnaise to treat the burn.

“Workers said understaffing and pressure to work faster resulted in injuries. Those injuries, they added, were not properly treated.”

According to another article on the McDonald’s investigation, other unconventional methods of treatment were also suggested, in addition to the mayo mentioned above.

“Some workers have even claimed that after suffering workplace injury, they were told to treat it with condiments like mustard and mayonnaise rather than using medical ointment.”

Hot oil causes burns; slick floors cause slips and falls; and lifting and moving large boxes cause strains and joint damage. Remember: fast-food workers are covered under workers’ compensation.

I recently saw a press release of a product that could help alleviate some of the danger around hot oil. “The main thing FryerGate prevents is the unintended events that cause injuries such as body parts or foreign objects from entering the boiling oil,” according to the release.

“The Executive Director of The National Council for Occupational Safety and Health (COSH), Mary Vogel, stated in a press conference (recently) that over 79 percent, or 2.8 million fast food workers, had been burned in the past year based on a ‘first-ever national survey of fast food workers about health and safety on the job.’ The survey, conducted by Hart Research, states that 54 percent of those burn incidents take place at fryers, which equates to over 1.5 million fryer-related burns. Fifty-eight percent have been burned multiple times.”

If this product lives up to its claims and improves safety for fast-food workers who work in challenging, hurried conditions, this would definitely be a good thing. However, it doesn’t solve the many other issues and claims McDonald’s has against it through the Fight for $15 labor group. Regardless, the OSHA investigation will be an interesting situation to follow. I will continue to do so, and encourage you to do the same.

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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OSHA: Nebraska Company Cited 7 Times in 10 Years

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If it feels like OSHA and a construction/roofing company in Nebraska was just on the blog after an investigation, that’s because it was.

Except today’s blog post is actually about another company with a similar situation but many different details, and fortunately, it appears that this particular investigation did not involve any workers getting hurt or dying.

Unfortunately, it appears that this company struggles greatly with keeping its workers safe. As OSHA said in its news release talking about Affordable Exteriors in Omaha, this is apparently the seventh time in 10 years that the company has been cited for failing to provide fall protection to roofers. In addition, according to the news release, the “company has failed to address previously issued OSHA citations and pay penalties.”

The construction company was last cited in December 2014 after a June investigation, according to this news release from OSHA, and not only fined $140,000, but also placed in the Severe Violator Enforcement Program.

In the most recent news release, an investigation by OSHA’s Omaha Area Office was done in October 2014 because of the Local Emphasis Program for falls. “Falls remain the leading cause of death in this industry,” according to the news release. “About half of America’s 1.6 million construction employees work in residential construction.”

During the investigation on a home being built in Elkhorn, “five employees were observed to be working more than 12 feet off the ground without adequate fall protection,” according to an article on WOWT.com out of Omaha. Proposed penalties are $75,240, based on two willful violations, one repeat violation, and three serious violations.

“OSHA cited two willful violations for exposing workers to fall hazards because the company failed to provide fall protection and train workers on the use of and requirement for fall protection equipment,” according to WOWT.com.

The repeat violation was “for not securing elevated platforms to the rough terrain forklift on the site.” Repeat violations occur if a company “was cited for a similar violation in the past five years.” Affordable Exteriors was cited in May 2013 at an Omaha job site for this violation, according to the WOWT.com article.

Finally, the serious violations were “exposing workers to falls from unprotected sides and edges, improper use of ladders and not training workers on ladder safety.”

The investigation prompted Bonita Winingham, OSHA’s area director in Omaha, to make the following comment via news release.

“With everything we know about how to work safely, it’s troubling to see how many workers are still injured every year in the construction trades, and particularly from falls,” Winingham said. “By refusing to correct these dangerous problems, Affordable Exteriors continues to expose employees to serious – and preventable – physical harm, and this is unacceptable.”

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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