Tag Archives: OSHA

Occupational Skin Diseases

Occupational skin diseases are one of the most common occupational diseases. The National Institute for Occupational Safety and Health estimates that in the United States more than 13 million workers are potentially exposed to chemicals that can be absorbed through their skin. In 2015, the last year for which data is available, over 15% of the reported occupational diseases were skin diseases.

 

These diseases include, but are not limited to, contact dermatitis (eczema), allergic dermatitis, skin cancers, and infections. Contact dermatitis, which has symptoms of painful and itchy skin, blisters, redness, and swelling, is the most commonly reported occupational skin disease. Workers in food service, cosmetology, health care, agriculture, cleaning, painting, mechanics, and construction industries and sectors are at risk of developing these diseases.

 

This type of occupational disease is clearly preventable. To control and prevent exposure to chemicals that cause occupational skin diseases, OSHA recommends that employers switch to less toxic chemicals, redesign the work process to avoid the splashes or immersion, and have employees wear protective gloves and clothing.

Finding A Way Forward: How I Am Greeting The New Year With Optimism

Today’s post comes from guest author Catherine Stanton, from Pasternack Tilker Ziegler Walsh Stanton & Romano.

I recently saw a quote that said “we are all just a car crash, a diagnosis, an unexpected phone call, a newfound love, or a broken heart away from becoming a completely different person. How beautifully fragile are we that so many things can take but a moment to alter who we are for forever”.   

During this holiday season, many of us will get together with our families and friends to celebrate our blessings but never expect that in the blink of an eye our lives can change dramatically. A very good friend of mine was celebrating Thanksgiving with her family when a pot of boiling water fell onto her and she suffered severe burns. After spending nine days in the Burn Center and in weeks of excruciating pain, she is living proof that there are no guarantees in life.  

A recent report by Fox News USA shows that unintentional shootings spike during the holidays and are more likely to occur than at any other time of the year due to a number of factors, including increased use of alcohol, holiday gifts of firearms, and children and teens being home from school with more free time. Many of us now rely on online shopping for our holiday gifts, which increases the amount of delivery vehicles on the road. Car crashes spike, as the December holiday season is one of the busiest travel times of the years. Factor in weather that does not always cooperate, and impaired drivers on the road as a result of holiday gatherings, and it is a recipe for disaster. Those who drive for a living are at an increased risk of injury or even death. 

Those who work in the retail industry are not immune from increased risk of injury either. Many of us won’t forget the Black Friday stampede in 2008 when a worker was trampled to death in a Long Island Walmart. In response to that tragedy, the company was fined, they agreed to adopt new crowd management techniques, and  the Occupational Safety and Health Administration (OSHA) issued Crowd Management Safety Guidelines for retailers. The stress of the holidays can cause depression, less sleep, and financial woes that can translate into violence. OSHA notes that workplace violence has remained among the top four causes of occupational death. 

But the promise of tomorrow brings optimism. As we embark on a brand new year, many of us will feel a sense of relief as 2016 was a year filled with turmoil. The presidential election was polarizing for many Americans. Friends became enemies and family members would not speak to one other. Many of us will look to the new year with a sense of a new beginning – a chance to have a fresh start, a renewal of sorts. Many of us will make resolutions to lose weight, to end a bad habit, to become a better parent, spouse or friend. Many will donate to charities. Despite our differences and shortcomings, Americans are among the most charitable nation in the world. According to Giving USA’s annual report in 2015, Americans gave an estimated $358 billion to charity the prior year. There are so many things we can do to improve our lives and the lives of those in our community and our nation. The list of possibilities is endless. For those of us who represent injured workers, we resolve to make workplaces safer and ensure that medical and indemnity benefits are available in the future. Wishing you all Peace, Love, and Good Health in the upcoming year.

 

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.

Distracted Driving – A Workplace Hazard

The dangers of distracted driving prompted OSHA to launch a Distracted Driving Initiative in 2010. The initiative’s primary focus has been to encourage employers to prohibit their employees from texting while driving for work.

One in ten traffic-related fatalities involved distraction in 2015 (the most recent year for statistics) according to the U.S. Department of Transportation. The U.S. Government Website for Distracted Driving defines distracted driving as “any activity that could divert a person’s attention away from the primary task of driving.” These activities include, but are not limited to, texting, using a cell phone, eating, drinking, talking to passengers, grooming, using a navigation system, and adjusting a radio, CD player, or MP3 player.

Texting while driving is one of the more dangerous distractions because it requires visual, manual, and cognitive attention from the driver. Although it is illegal to text while driving in 46 states, many drivers, especially younger drivers, have admitted to texting while driving. According to OSHA, drivers who text while driving focus their attention away from the road for an average for 4.6 seconds, which at 55 mph is equivalent to driving the length of a football field blindfolded.

To learn more about distracted driving and to take the pledge to drive phone-free, visit www.distraction.gov.

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.

Keep Ag Worker Safety in Mind this Harvest Season

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

As harvest kicks off on the Great Plains, please take the time to be safe and make sure you understand the safety policies of your business, whether you’re a worker, a supervisor, or the employer.

The information and resources below are a sometimes-stark reminder of the need for safety all year when it comes to agricultural jobs, especially at harvest, when long hours and the urgency of the time available all affect a person’s decision-making abilities.

First, here’s a summary of a news release from the Occupational Safety and Health Administration investigation that was the result of an elevator supervisor’s death in a soybean bin in March of this year. Sympathies go to the “41-year-old elevator superintendent’s” loved ones. This person’s death is especially tragic because Cooperative Producers Inc. has been cited seven times since 2011 for grain handling safety violations. This most recent violation resulted in a proposed fine of $411,540 and also earned the Hastings, Nebraska-based company a spot in OSHA’s Severe Violator Enforcement Program.

In this most recent incident, the worker was with two others in a soybean bin, and he “suffocated when his lifeline tangled in an unguarded and rotating auger,” according to the news release.

“OSHA investigators determined three workers, including the elevator superintendent, had been standing over the unguarded auger using a pole in an attempt to dislodge soybean debris in a grain bin that contained more than 50,000 bushels of soybeans sloped 12 to 20 feet up its walls.

“During its investigation, the agency found CPI failed to:

  • Disconnect a subfloor auger before allowing workers to enter.
  • Test atmospheric conditions in grain bins before allowing workers to enter.
  • Implement procedures to prevent sudden machine start-up or unintentional operation, a process known as lockout/tagout.
  • Install adequate machine guarding to avoid contact with moving parts.”

The Nebraska State Patrol on Twitter at @NEStatePatrol recently shared a news release that focused on being even more careful and aware of other vehicles than usual, which was the other motivation for today’s blog post.

Harvest is really ramping up just in time for the days to get shorter and machinery operators to be traveling to and from the fields at hard-to-see hours, especially dawn, dusk and at night. In addition, with the school year starting recently, more inexperienced drivers are driving with school permits on rural roads and might not be able to react as quickly as other drivers would anticipate.

“Combines, grain carts, tractors, and other agricultural implements typically travel at slower speeds,” according to the patrol’s news release. “Due to their dimensions and loads, operator visibility is often reduced. Motorists are reminded to be aware and utilize caution when approaching, following or passing farm vehicles.

“‘Harvest time means tall crops and often limited visibility at rural intersections,’” said Colonel Brad Rice, superintendent of the Nebraska State Patrol in the news release. “‘Motorists should also be aware of the possibility of wildlife moving around due to the increased activity in the fields.’”

Here are some of the firm’s previous blog posts with additional resources about agricultural jobs and workers’ compensation, grain-handling safety, and harvest.

Please take the time during harvest, and all of the time, to know and follow safety policies and procedures in agricultural jobs. If you’re an employer or manager, it is essential that workers are trained in and implement safety efforts, regardless of the hustle and bustle of the season, harvest or otherwise.

Make sure to contact an experienced workers’ compensation lawyer if you or a loved one has questions about a work-related incident or injury.

Let OSHA Do Its Job

OSHA is being prevented from fulfilling its mission.

Today’s post comes from guest author Paul McAndrew, from the Paul McAndrew Law Firm.

In 1970, Congress passed the Occupational Safety & Health Act (the Act), which created the Occupational Safety & Health Administration (OSHA). Among other things, the Act requires every employer to provide a safe workplace. To help employers reach this goal, OSHA promulgated hundreds of rules in the decade after it was created. OSHA’s rulemaking process has, however, slowed to a trickle since then.  

While the National Institute for Occupational Safety & Health recently identified over 600 toxic chemicals to which workers are exposed, in the last 16 years OSHA has added only two toxic chemicals to its list of regulated chemicals. This is because Congress, Presidents and the courts have hamstrung OSHA. For example, in March 2001 the Bush Administration and a Republican Congress effectively abolished OSHA’s ergonomics rule, a rule the agency had worked on for many years. 

These delays and inactions have caused more than 100,000 avoidable workplace injuries and illnesses.

These delays and inactions have caused more than 100,000 avoidable workplace injuries and illnesses. Workers are being injured and killed by known hazardous circumstances and OSHA can’t act.

Congress and the President need to break this logjam – we need to free OSHA to do its job of safeguarding workers.

Can Safety Rules or Regulations Impact a Workers’ Compensation Claim?

In North Carolina, if an employer willfully fails to comply with any statutory requirement or an order of the Industrial Commission, an employee’s injury compensation is increased ten percent. If however an employee is injured because he willfully violated a safety rule set by the employer, then his injury compensation will be reduced if (1) the rule or regulation has been approved by the Industrial Commission’s Safety Education Director AND (2) he knew about the rule. N.C. General Statute 97-12.

For an employer’s adopted safety rules or regulations to be approved by the Industrial Commission, the employer must submit them to the Safety Education Director for review. The Safety Director will then review the rules and approve them if they comply with the general provisions of the safety rules outlined by the American National Standards Institute (ANSI) AND The Occupational Safety and Health Act (OSHA). 04 NCAC 10A. 0411.

The burden of proof is on the party who claims an exemption or forfeiture under N.C. General Statute 97-12.

OSHA Fines Nebraska Railcar Almost $1 Million after Explosion

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

The incident referred to in this article was extremely tragic, as two workers were killed in April. Now OSHA has found that Nebraska Railcar Cleaning Services knew “that moments before the blast, an air quality check indicated a serious risk of an explosion. OSHA says that despite the warning, Nebraska Railcar Cleaning Services sent two employees into the railcar to work without monitoring the air continuously for explosive hazards as required, nor providing the employees with emergency retrieval equipment or properly fitted respirators.”

Sympathies continue to go to the loved ones of both Dallas Foulk and Adrian LaPour.

Nebraska Railcar Cleaning Services has been placed in OSHA’s Severe Violator Enforcement Program and fined $963,000 for “seven egregious willful, three willful, two repeated, 20 serious, and one other than serious safety and health violations.”

In addition, the article said the EPA is doing an investigation regarding the company’s hazardous-waste disposal.

For those who argue that businesses have safety and the best interests of their workers in mind, please read the article linked to above, and really think about that philosophy, especially when an explosion led to workers dying. Then read the quote from the article below and ask yourself about workplace safety again.

“This company has regularly failed to use appropriate equipment and procedures to keep their employees safe, and in this case it had tragic consequences,” Jeff Funke, OSHA Area Director in Omaha, said in a written statement. “The company needs to immediately reevaluate its procedures for entering and cleaning railcars.”