Tag Archives: collapse

The Safety Hazard Right Under Your Wheels

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

The collapse of the Interstate Highway-35W bridge over the Mississippi River killed 13 people and highlighted the safety hazards related to poor infrastructure. But most drivers face a less dramatic, but no less dangerous, hazard:

Potholes.

According to www.pothole.info, nearly 1/3 of the 33,000 annual truck and auto fatalities are related to poor road conditions. At least 27 percent of the major roads in the United States have been rated to be in poor condition. Though potholes are regarded as a problem – with good reason – in cold-weather states like Nebraska and Iowa, the worst road conditions in the country are in the warm-weather areas like the Bay Area, southern California, and Tucson, Arizona.

Bumpy roads combined with poor suspension can even lead to back injuries. This is especially true for over-the-road-truck drivers who also face health problems from lack of sleep, lack of exercise, and poor diet due to the demands of trucking. Drivers for Crete Carrier Corporation, Shaffer Trucking, Werner and K&B Transportation usually must litigate their workers’ compensation claims in Nebraska. Fortunately, Nebraska would deem a back injury from driving over a pothole to be compensable, even if it were combined with a pre-existing condition. Other states have stricter causation standards that could preclude a driver from collecting benefits for such an injury.

Truckers who, according to one poll, supported President Donald Trump over Hillary Clinton 75 percent to 25 percent, may have some relief from rough road conditions coming. President Trump has announced that he plans to spend $1 trillion on infrastructure, and he has appointed a task force that includes high-level advisers and his influential son-in-law Jared Kushner. Some observers in the trucking industry have raised concerns that the Trump infrastructure plan could lead to more private and toll roads; however, everyone will get some benefit if road conditions improve within the United States.

Another forgotten piece of infrastructure is trucking parking, which I will address in an upcoming post.

1,00 Walmart, J.C. Penney, And The Children’s Place Employees Dead After Building Collapse

On April 24, 2013, an eight-story factory, known as The Rana Plaza, in Bangladesh came tumbling down killing 1,100 workers and leaving 2,500 injured. This number includes workers and their children that were in the onsite nursery at the time the building collapsed. The most disturbing part is that the employers knew that the building was unsafe before it collapsed. In fact, the day before the accident, the building was evacuated due to structural cracks that could be seen throughout the building. The next day workers were ordered to return to work as usual.

In a complaint filed July 21, 2015 family members of some of the employees who were killed claim that the building’s owner failed to comply with the building codes that could have prevented the deaths of so many innocent workers. The plaintiffs in the suit are seeking compensatory and punitive damages for negligence and wrongful death.

The plaintiffs claim that the reason that the retailers could supply “garments at such a low cost was because the subcontractors often operated substandard and unsafe factories which put garment workers at significant risk of severe personal injury or death.” A few of the U.S. based employers that were located in this building are Wal-mart, The Children’s Place and J.C. Penney.

Read more here: http://www.courthousenews.com/2015/07/24/retailers-sued-over-2013-building-collapse.htm

Original Article posted on WorkersCompensation.com.

 

 

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.