In total, eight safety violations were leveled against a Pennsylvania-based masonry firm by the Occupational Safety and Health Administration, which will cost the company $154,440 in fines. The fines are primarily the result of inadequate safety measures on scaffolding used during a residential stone installation project.
]]> The most concerning violation came in response to a complete lack of "fall arrest" devices installed on scaffolding over 10 feet high. According to the OSHA citation, this represented a willful violation, because the company intentionally ignored established safety regulations. Additionally, the company faces fines for repeat violations based on the results of inspections at other construction sites.If the safety compliance officer had not driven by the worksite, this story could have ended in tragedy. In this case, the construction company should have been enforcing safety regulations without the prompting of OSHA citations. They were aware of the regulations, but chose not to follow them. Safety should be the top priority at constructions sites, no matter what.
The masonry firm now has 15 days to respond to the OSHA citations. They can choose to comply with the orders or dispute the citations. Based on the nature of the fines, the hope is that the company will do the right thing by choosing to comply and make a serious effort to protect the lives of their workers.
Source: ForConstructionPros.com, "OSHA Proposes $154,440 in Fines for PA Contractor," May 10, 2012
]]>The case came in response to a woman's request for benefits for a work injury she received on an assembly line at a Caterpillar plant. After five weeks on the job, the woman developed medial and lateral epicondylitis, a repetitive motion injury better known as tennis elbow. Company officials ruled that work-related tasks alone did not contribute to her medical condition. As a result, they did not log her injury according to OSHA regulations.
]]> In response to this decision, OSHA disputed the company's and issued a citation for failing to report this injury. Caterpillar appealed the citation and the court of appeals sided with the employer.The primary basis for the employer's objection is whether or not a pre-existing condition could have been the cause of her injury. According to representatives for the company, none of the other workers on the woman's packing line have suffered from tennis elbow.
However, the ambiguous nature of current OSHA regulations is likely to contribute to future legal action. Existing rules stipulate that an injury is classified as work-related if the "work environment either caused or contributed to the resulting condition." Questions of how "contributed to" is defined is likely to be clarified by the agency. Based on how OSHA has acted in recent years, observers believe they will create a broader definition that would likely include an injury such as the one sustained by the Caterpillar employee.
As OSHA clarifies its position, it will be vital for employees and employers to pay attention to how workplace injuries are reported. If the definition of a workplace injury becomes more encompassing, an employee's claim for workers' compensation benefits could be bolstered if it is included on the injury log submitted to OSHA.
Source: Human Resources Executive Online, "OSHA Boomerang?" Tom Starner, May 4, 2012
]]>One man's efforts to provide for his family ended prematurely as he passed away from injuries he sustained in a Pennsylvania construction accident. Poor safety conditions at the worksite have been suggested as a possible explanation for the incident. An investigation led by the Occupational Safety and Health Administration and local officials is ongoing.
]]> On a recent afternoon, the Philadelphia-based bricklayer was hoisting a bucket up three stories while he was working on scaffolding. As he raised the bucket, it hit a power line and the 32-year-old construction worker then made contact with the same power line. The man fell to the ground, where he passed away.A co-worker saw the terrible incident occur first-hand. He made a valiant effort to prevent the fall, but his attempt did not succeed.
The man's family remembers him fondly as a hard-working person who sent all of the money he earned to his family in Mexico. His sister-in-law, who spoke about the man's death, indicated that the family always held concerns about the worksite's overall safety. The woman wondered why the workers were not equipped with belts that would prevent them from falling several stories.
Hopefully the investigation into the incident will illuminate more details as to what exactly led to the man's death. If the man's employer was cutting corners with safety, hopefully they will be held accountable and work to improve conditions for all employees. Employees have the right to feel adequately protected when they are at work.
As is the case in many fatal workplace accidents, the man's survivors may be entitled to workers' compensation death benefits. The entire family will no doubt be devastated, in so many ways, by this unexpected tragedy. Workers' compensation survivor's benefits are helpful for families to get back on their feet and try to adjust to life without their loved one.
Source: NBC Philadelphia, "Worker Electrocuted After His Bucket Hits Live Wires," Dan Stamm, Karen Araiza, Claudia Rivero and David Chang, April 30, 2012
]]>Though some may assume that workers in the mining industry are more likely to sustain a workplace injury as the result of a machinery-related accident, many health professionals worry about the risk of illness associated with the chemicals used in the hydraulic fracturing -- or hydro-fracking -- process.
]]> Those who live near natural gas wells being mined have been developing skin lesions that recur even after they've been surgically removed. Doctors can't explain what exactly what the lesions are, which is rather unsettling.Many observers of the industry also fear the potential health impacts for those directly working in the industry, which likely includes many of those living nearby. The primary problem with this process is that the natural gas companies have been resistant to disclose the nature of all the chemicals used in the hydro-fracking process.
A new Pennsylvania law encourages natural gas extraction companies to reveal information about the chemicals they use to doctors. This seems encouraging, but the doctors are required to sign a confidentiality agreement if they receive the facts. This aspect of the law concerns many health care providers because they feel as though they are handcuffed by the medical liability issues associated with confidentiality agreement.
The prospect of well-paying jobs coming to the state is certainly exciting, but it is important to be aware of all the long-term side-effects of hydro-fracking. Even after a few years of using this technique, mysterious medical problems are emerging among those who are directly impacted. It would greatly benefit for workers to understand what chemicals exactly they are being exposed to while on the job. Furthermore, disclosing the nature of the chemicals being used by the natural gas industry would help doctors provide the treatment that Pennsylvania natural gas workers may need.
Source: The Los Angeles Times, "Pennsylvania law on fracking chemicals worries doctors," Neela Banerjee, April 21, 2012
]]>Recently, an LCD computer monitor was developed that can assist office workers reduce the risk of developing work-related complications, such as carpal tunnel syndrome, neck pain or eyestrain. The hardware, developed by Philips, uses "ErgoSenor" technology to assist people in correcting their behavior and posture.
]]> One of the primary functions of this monitor is to automatically provide workers with feedback about their positioning relative to the monitor. If their body is not ergonomically aligned, or if a person is slouching, the computer will provide a message to correct their posture. Improper alignment significantly increases the risk of contracting carpal tunnel syndrome, a very painful condition that affects wrists and hands.While not every office will implement this particular health-conscious office solution, there are many practices employers can follow to reduce the risk of their employees developing a repetitive motion injury. Providing other types of ergonomic products happens to be one way to accomplish this goal. The important thing to remember is that these injuries are not just a natural consequence of working, but there are proven measures to mitigate the risks of these particular injuries.
The reality is that many people working in Pennsylvania today were working years before there was a serious effort to design equipment that intended to prevent repetitive motion injuries. Those who are working through the pain of a repetitive motion injury may be entitled to workers' compensation benefits if the condition developed as a result of work-related duties. In the case that benefits are approved, the employer's insurance policy may cover treatment for the injury. This way, you can get back to work in a more comfortable and productive state.
Source: The Atlantic, "The Computer Monitor That Can Tell If You're Slouching," April 10, 2012
]]>Despite their favorable reputation, recent reports have uncovered unnecessarily harsh and hostile working environments for warehouse staff. Amazon has been known to pressure workers to work through injuries or receive treatment that would prevent the injury from being reported to federal labor officials. This could preclude liability for workers' compensation coverage. Workers are pressured to maintain the highest level of efficiency at the expense of their overall health and safety.
]]> Amazon's in-house medical staff members were asked to use methods to treat workers that would prevent them from going to doctors, making the injury reportable to the Occupational Safety and Health Administration. At the same time, Amazon refused to admit some employee's injuries, such as stress fractures and hip issues, were indeed work-related. This was in an effort to maintain the impression that Amazon warehouses are among the safest in the country.Meanwhile, many of the older warehouses are not outfitted with air conditioners, so temperatures climb over 100 degrees. Despite the heat, employees keep working and are brought beverages to prevent them from taking breaks and reducing efficiency.
Conditions in the warehouses were bad enough that one warehouse manager tried to speak up about the issues. One week later, his superiors responded with an ultimatum to resign or be fired for minor policy compliance issues. Simultaneously, many workers feel as though they cannot say anything about the work environment without being fired.
Thankfully, some former workers have been audacious enough to come forward to journalists and describe the inhospitable working conditions. Employers, Amazon included, usually have a responsibility to help employees cover the costs associated with being injured on the job. At the same time, they have the duty to create an environment that is not detrimental to employee welfare. The hope is that these reports will lead to further inquiry from labor officials and an effort on the part of Amazon to improve conditions for their employees.
Source: The Seattle Times, "Amazon warehouse jobs push workers to physical limit," Hal Bernton and Susan Kelleher, April 3, 2012
]]>The new standards come with a host of benefits for employees and employers alike. Current labels can convey incomplete or wrong messages to workers who have difficultly reading. But new labels will be streamlined and simplified, making them easier for workers to use.
]]> Businesses largely endorse the changes too. Prior to the changes, companies had to teach employees about two distinct sets of labeling rules: one created by the United States and the other by the United Nations. But the new standards eliminate any differences between federal and United Nations rules, so employers only have to teach one labeling system. The Occupational Safety and Health Administration estimates that they stand to save nearly half a billion dollars from the new labels.Dangerous chemicals have the potential to harm an estimated 43 million employees across the country. Unfortunately, that potential is realized all too often in workplace accidents. According to OSHA, chemical accidents are responsible for at least 500 episodes of sickness and injury and 40 deaths annually.
Businesses can choose to comply with the labeling rules immediately, but it is not required. All businesses, however, must follow the rules by 2016. While the new labels will provide additional safety measures to those who work with dangerous chemicals, employees can use workers' compensation laws to recover losses if some accidents still happen to occur.
Source: Associated Press, "New labeling rules aim to protect workers from hazardous chemicals," Mar. 20, 2012.
]]>According to recent news reports, a Pennsylvania man received a fatal injury while repairing a piece of broken or defective machinery at the paper plant. The Proctor & Gamble plant was shut down for routine maintenance procedures. During this time, the 36-year-old plant employee was performing repairs to machinery when he sustained serious trauma to his head. Shortly after sustaining the catastrophic head injury, the man passed away.
]]> Since the accident occurred, Occupational Safety and Health Administration officials will be investigating the circumstances of the accident, which is standard protocol anytime a worker is killed on the job. The hope is that plant managers were taking all necessary precautions to prevent serious accidents from occurring, yet they will likely be held accountable if the OSHA investigation determines otherwise.This case raises the importance of ensuring safety measures are enforced at all times in industrial settings. Though the most significant number of hazards may be present while a production line is running, it is important to make sure there are not any hazards to employee's health when production has ceased, particularly when employees are repairing heavy machinery. Perhaps this event will inspire this company and others to review their safety policies to ensure the safety of employees from the time they arrive until the end of the working day.
The man's family is undoubtedly mourning the loss of their loved one and wants nothing more than for him to be alive today. In the wake of this unfortunate incident, the family will have to make difficult lifestyle adjustments in the coming days and weeks. Fortunately, Pennsylvania state laws are designed to protect and benefit workers and their families following a serious or fatal workplace injury.
Source: The Republic, "Northeastern Pa. man dies after accident at P&G paper plant," March 26, 2012
]]>The man and his co-workers were demolishing an old warehouse building as part of a college's campus expansion. As the crew was working, the building collapsed without warning. Suddenly the walls collapse, trapping three workers. Emergency crews arrived quickly and were able to extricate all of those trapped so they could be rushed to a nearby hospital for medical attention. Unfortunately, one of the men died while he was being treated.
]]> Sometimes genuine construction-related accidents do happen. Other times, construction companies fail to provide their workers with the necessary precautions to protect their safety. In this particular case, the construction company hired to complete the project has a history of unsafe working conditions. In fact, the same company was responsible for a construction project that claimed the life of another worker only two years ago. At the time, the Occupational Safety and Health Administration fined the company for various safety violations. Although OSHA is still investigating the circumstances of the most recent accident, this company has a history of failing to provide adequate safety measures for their employees.As a result of suffering injuries in the line of work, the two injured employees should be able to seek workers' compensation benefits. Furthermore, the family of the man who died may be able to collect survivor's benefits as it relates to their heartbreaking loss. These payments will help them make the understandably difficult adjustments to life without their loved one, but they only want the man back in their lives.
When reacting to the accident, the wife of the man who passed away commented, "He was a very happy person. He loved to work."
Source: The New York Times, "Construction Worker Killed in Building Collapse in Manhattan," Al Baker, March 22, 2012
]]>According to the complaint filed by a worker's advocacy group, employees of the firm were required to buy their own safety equipment, including gloves, goggles and respirators. These employees earned between $11 and $14 per hour, and would have the cost of the equipment removed from their check if they didn't pay for the equipment up front. According to OSHA regulations, an employer is supposed to provide their employees with adequate protection against serious work-related illnesses. In this case, employees were forced to pay hundreds of dollars out of their own pockets each year.
]]> What's worse is that management cut corners with safety at job sites. In some cases, employees were asked to wash or reuse old filters in their respirators. The biggest risk associated with asbestos exposure is contracting mesothelioma, a particularly virulent type of lung cancer. And in another case, an employee included in the complaint recalls a time when non-working chemical safety showers were installed in order to pass a safety inspection.This case demonstrates that some OSHA violations are not as obvious as others. Safety equipment was used at job sites, but the company did not give it to their employees. Such violations can put individuals with financial difficulties in a tough position between the desire to work and need to spend hundreds on equipment that should be provided for them.
Asbestos exposure is a risk that is never worth taking. Employees working in such a high-risk industry should be afforded every protection available. There are means by which employees can be safeguarded against inhaling the disease-inducing substance, yet there are still companies that would cut corners at the risk of their employees becoming gravely ill.
Source: The Baltimore Sun, "Health complaint filed against asbestos removal company," Yvonne Wenger, March 16, 2012
]]>A group of foreign students was given summer jobs at the Hershey's plant, through a staffing agency, as a part of their educational program. While they were on the job, it was not uncommon for a workplace injury or illness to go undocumented by those responsible for keeping the records. Since that time, the Occupational Safety and Health Administration has leveled nine workplace safety violations against Exel Inc., the firm responsible for operating the plant owned by Hershey. Between 2008 and 2011, the company violated employment laws 42 times. Fines against the company total $283,000.
]]> Included among the citations are multiple willful violations, which indicate that the employers intentionally violated the laws designed to protect workers. The students were forced to deal with employers that were unresponsive to their needs and concerns. Thankfully, a complaint was brought against their employer for creating an unsafe working environment and exploiting the students' labor.In a statement released after the citation was announced, an OSHA official noted the issues that arise when employers fail to document workplace injuries and illnesses. Keeping injury records, which is required by law, helps employers improve worker safety over time. By failing to keep truthful injury records, a company exposes their employees to increasing dangers as time passes.
The lack of accurate injury records can also hamper an employee's claim to workers' compensation benefits. Pennsylvania laws allow workers to seek compensation if they are injured during the course of their daily work duties. This is an important protection established for workers due to the difficulty associated with a temporarily or permanently debilitating work injury. Without accurate injury logs, workers may not be able to collect the monetary benefits to which they may be entitled.
Source: People's World, "OSHA fines firms who sent exploited foreign students to Hershey plant," Mark Gruenberg, Mar. 1, 2012
]]>The National Institutes of Health indicate that those who perform repetitive tasks, such as typing or working on an assembly line, increase their chances of suffering from carpal tunnel syndrome. Additionally, women are three times more likely to contract carpal tunnel than men, due to physiological differences.
]]> Carpal tunnel syndrome occurs when a vital nerve that runs through your wrist is compressed by swelling in surrounding ligaments. As the condition progresses, individuals experience pain throughout their hand or arm. Over time, carpal tunnel can get much worse if it is left untreated. Crucial hand muscles can deteriorate as a result of the incapacitating condition.Most people who deal with carpal tunnel syndrome treat their pain with medication or surgery. Though the surgical option is often successful, it may not be a desirable option, because it may sideline individuals from doing their job.
Employers, however, can take precautionary measures to protect employees against these types of injuries. For those working in offices, employers can install desks and other equipment that are specifically designed to mitigate the risk of repetitive motion injuries. Additionally, factory managers could occasionally have assembly line workers switch-up their duties to avoid injury. Additionally, employers can suggest various stretching and strengthening exercises that can help those who already suffer from carpal tunnel.
Above all, workers may be able to seek workers' compensation payments if they suffer from carpal tunnel syndrome as a result of doing their job. If a case of carpal tunnel syndrome progresses, it can prevent a person from being able to perform the normal functions of their occupation. Fortunately, Pennsylvania state law is very fair to workers, so obtaining compensation for a work-related injury is not out of the question if you seek the right legal assistance.
Source: Fox News, "Carpal tunnel syndrome: What you need to know," Mar. 6, 2012
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