Category Archives: OSHA

Carbon Monoxide Poisoning at Work

Hundreds of individuals have been exposed to dangerous levels of carbon monoxide while at work, including 150 employees at Middleville Tool and Die in Michigan when a hi-lo vehicle malfunctioned emitting carbon monoxide and hydrogen sulfide fumes, and 3 construction workers in Berkley, California who were operating a gas power washer inside a building. Carbon monoxide poisoning is a dangerous risk for workers.

Carbon monoxide is a colorless, odorless, tasteless, and poisonous gas that results from the incomplete burning of natural gas, gasoline, kerosene, oil, propane, coal, and other carbon-containing materials. Workers may be exposed to harmful levels of carbon monoxide in boiler rooms, warehouses, petroleum refineries, steel production, blast furnaces and coke ovens.

Initial symptoms of carbon monoxide poisoning include headache, fatigue, dizziness, drowsiness, nausea, chest pain. Within minutes and without warning, large amounts of carbon monoxide can cause loss of consciousness, suffocation, and death. If caught early, carbon monoxide poisoning can be reversed; however, there may be permanent brain and heart damage from the lack of oxygen to the organs during the exposure.

There are several measures employers can take to prevent carbon monoxide poisoning including installing effective ventilation systems that remove carbon monoxide from work areas and installing carbon monoxide monitors with audible alarms. To be safe, employees should report any situation to their employer that might cause carbon monoxide to accumulate and be alert to any ventilation problems.

If you or someone else is experiencing symptoms of carbon monoxide poisoning move to an open area with fresh air and call 911. For more information on carbon monoxide poisoning, read the U.S. Department of Labor Occupational Safety and Health Administration’s Carbon Monoxide Poisoning Fact Sheet.

Steel company fined $115,400 by US Labor Department’s OSHA for failing to abate workplace hazards

Today’s post comes from guest author Jon Gelman, from Jon L Gelman LLC.

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Jersey Shore Steel for four violations, including three failure-to-abate citations, at its Jackson facility. Proposed penalties total $115,400 after OSHA’s follow-up inspection opened in April.

“By not abating past violations, Jersey Shore Steel keeps its employees vulnerable to hazards that can cause injuries and, possibly, death,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “It’s vital to correct all hazards immediately to protect workers at the facility.”

The failure-to-abate notices, which carry $111,000 in penalties, relate to the company’s failure to develop and implement a written lockout/tagout program that prevents inadvertent machine start-up; require fork truck operators to have their performance evaluated at least once every three years; and train workers to use portable fire extinguishers. A failure-to-abate notice applies to a condition, hazard or practice, found upon reinspection, that the employer was originally cited for and failed to correct.

The company was also cited for one repeat violation, with a $4,400 penalty, due to the lack of machine guarding on a press brake. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. A similar violation was cited in November 2012.

The citations can be viewed at: http://www.osha.gov/ooc/citations/jersey_shore_steel_insp_900106_sept30.pdf*.

Jersey Shore Steel has requested an informal conference with the OSHA area director in Marlton.

Holdrege, Nebraska, BD Plant Cited by OSHA Again

Becton, Dickinson and was recently fined by OSHA for workplace hazards leading to partial amputations of workers’ fingers.

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

“Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.”

This paragraph from a recent news release gives an overview of OSHA’s role. In Nebraska, that role comes into focus when investigators look for safety violations, often after a workplace incident that causes injury, as was the case at Becton, Dickinson and Co. in Holdrege in 2015.

Earlier this month, the news release at the link describes how BD was cited for machine hazards in both April and September of 2015. However, in October, in two separate incidents, two different workers “suffered partial amputations of their index fingers” at the Holdrege manufacturing plant.

“The agency has proposed penalties of $112,700,” after finding one repeat and 12 serious safety violations when the amputations were investigated. Best wishes are being sent to the two workers whose lives were altered after their on-the-job injuries.

In this case, it is obvious that the workers’ injuries were related to these specific workplace incidents, because their amputations resulted in an OSHA investigation of the business. But sometimes there are questions when it comes to workers’ compensation in Nebraska. If a business or its insurance company questions or denies a workers’ compensation claim, then it’s time to get help from an experienced workers’ compensation lawyer. Our attorneys are licensed in both Nebraska and Iowa and have decades of experience helping injured workers in situations like the one above, so please contact us if you or a loved one have been hurt on the job.    

Changes in OSHA’s Incident-Reporting Rules

osha-logoStarting January 1, 2015 the Occupational Safety and Health Administration (OSHA) will enact new changes in its workplace incident reporting rules. These rules will increase the amount of reporting when it comes to hospitalizations caused by workplace injuries, as well as increase accountability and transparency among employers. According to U.S. Secretary of Labor Thomas Perez, the new requirements will “help OSHA focus its resources and hold employers accountable for preventing [workplace injuries and deaths].”

Here are the changes that will soon be in place:

  • Employers must notify OSHA within 24 hours of a workplace injury that led to in-patient hospitalization, amputations or loss of an eye.
  • Employers must notify OSHA of workplace death within eight hours of the incident.
  • More industries will be required to keep OSHA 300 injury and illness records, which will be made available on OSHA’s website. Some of these industries include: specialty food stores, bakeries, automobile dealers, museums, activities related to real estate, and more.
  • All employers must follow these requirements, including those who have been exempt from keeping OSHA records.

If you’d like to learn more about OSHA’s new record keeping and reporting rules, visit the following websites for more details:

 

Filing a Safety and Health Complaint with OSHA

One of our clients worked as an auto body repairman and he was exposed to toxic chemicals in the workplace. This exposure resulted in the development of pancreatic cancer and his subsequent death, yet he never knew he could have called in OSHA to inspect his worksite.

Employees have a right to working conditions that do not pose a risk of serious harm. The Occupational Safety and Health Act of 1970 (OSHA) provides workers and their representatives the right to file a complaint and request an OSHA inspection of their workplace if they believe there is a serious risk or if their employer is not following OSHA standards. The Act allows complainants the right to request that their names be kept confidential from their employers. Although OSHA recommends that employees attempt to resolve safety and health issues by first reporting them to their work superiors, a worker can file a complaint at any time. You can get a form at www.osha.gov/oshforms/osha7.pdf.

OSHA provides the following options for filing a complaint:

 (1)    Download and fax or mail the complaint form to your local OSHA office;

 (2)    File an online complaint (www.osha.gov/pls/osha7/eComplaintForm.html);

 (3)    Telephone your local OSHA area or regional office.

Written complaints that are signed by workers and submitted to their closest OSHA area office are more likely to result in an onsite OSHA inspection than complaints submitted online. North Carolina’s Raleigh office can be contacted at 4407 Bland Road, Somerset Park, Suite 210, Raleigh, North Carolina 27609 (telephone 919-790-8096; fax 919-790-8224). Contact North Carolina’s regional office at 61 Forsyth Street, SW, Room 6T50, Atlanta, Georgia 30303 (telephone 678-237-0400; fax 678-237-0447). To find other OSHA offices call 800-321-6742 or go to www.osha.gov/html/RAmap.html.

 

 

 

 

After the International Nutrition Building Collapse: OSHA Releases Report

The International Nutrition building.

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

I was going to write about a summary from the official OSHA news release and provide a compilation of web resources regarding the Jan. 20 International Nutrition building collapse in Omaha. This is relevant now because the Occupational Safety and Health Administration (OSHA) quite recently found the cause of the collapse after an investigation and levied proposed fines for the tragedy that killed two, injured nine, and doubtlessly affected all the other workers at the plant and all those folks’ loved ones in the greater community.

“OSHA has proposed penalties of $120,560 and placed the company in its Severe Violator Enforcement Program after its investigation into the collapse,” according to the official news release from OSHA.

The building’s collapse was because of “overloading nine storage bins on the building’s roof level,” the news release said, and the company was also placed on OSHA’s Severe Violator Enforcement Program.

Here is one link that was more of what I was expecting from the OSHA news release:

Business Insurance website: OSHA cites Omaha feed company for fatal plant collapse 

However, the business did respond via statement to at least three local media channels, and links to those stories are below. The level of denial by the business was frustrating, and I think the Omaha World-Herald newspaper nailed the tone of the story with its headline: “International Nutrition disputes OSHA’s conclusions that overloaded rooftop bins caused collapse.”

So not only does “the company strongly disagree with OSHA’s report,” it is “saying the citations are only allegations and that company officials didn’t know of any condition that contributed to the collapse,” said the reporter for KETVOmaha7 (this quote is attributed to International Nutrition’s attorney, Pat Barrett in the World-Herald article).

The business’ statement also included this quote from the WOWT.com story: “We look forward to presenting the facts demonstrating our commitment to employee safety – both before and after the accident. … At the same time, we welcome the opportunity to work with OSHA to continue to improve employee safety.”

I thought this was telling about the company’s “commitment to employee safety” from the WOWT.com article:

“In total, OSHA has visited the facility 13 times dating back to 1974. Eight of those visits led to violations; however, it had not landed on the Severe VEP program until now. OSHA officials told WOWT 6 News that usually occurs when companies rack up violations of $100,000 or more.”

To get more in-depth information, here are links to both the company’s statement at http://www.omaha.com/international-nutrition-s-july-statement/article_0997a878-10fc-11e4-8481-0017a43b2370.html and OSHA’s Citation and Notification of Penalty report at https://www.osha.gov/ooc/citations/International_Nutrition_955579_Jul18_2014.pdf  

Finally, here’s a link to the actual news release again from OSHA: January structural collapse leading to 2 worker fatalities, 9 injuries at International Nutrition in Omaha caused by overloaded storage bins; OSHA cites company for 13 safety and health violations

“The company manufactures a feed supplement using multiple dry ingredients, rice hulls, solulac and limestone – the ingredients that were stored in the nine bins on the roof of the structure,” according to the KETVOmaha7 report.

The reality when it comes to workers’ compensation and lawsuits is nuanced, but the incident is stark in its details, and this information is from multiple news sources.

In 30 seconds, “close to 1 million pounds of steel, concrete, equipment and ingredients crashing through the plant” occurred, according to the World-Herald.

That 30 seconds and its aftermath is an experience that will take months and years for many to recover from. It is an experience that no worker or their loved ones should have to endure.

Are Forklifts Dangerous?

 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.

Fear of Reporting Safety Claims

Today’s post comes from guest author Thomas Domer, from The Domer Law Firm.

Workers often fear retaliation if they report a safety violation or work injury related to a violation. Concerns about being fired or other forms of retaliation by employers permeate the process of worker’s comp claims filing. Studies have indicated that retaliatory fear prompts many workers not to file either OSHA or workers’ comp claims. Workers also don’t want to be perceived as careless or complaining. In a Government Accounting Office (GAO) study of OSHA reporting, occupational health providers often reported to workers’ fear of retaliation as a reason for underreporting. Fully 2/3 of health providers “reported observing worker fear of disciplinary action for reporting an injury or illness.”

Pressure from co-workers also prompts failure to report safety violations and comp claims. Safety incentive programs (sometimes called “safety bingo” ) create incentives not to report, since non-reporting leads to a reward for a work group. If one worker reports his injury, the entire crew may pay the price. The GAO survey found this peer pressure to be a troubling factor contributing to underreporting to OSHA. (Anecdotally, I remember a worker who cut off his finger on a Friday, wrapped it in a hankie and put it in his pocket , rather than report the injury and disappoint his fellow employees looking forward to a case of beer reward for “100 consecutive safe work days”).

OSHA is currently proposing new electronic, public reporting rules for large employers.