Tag Archives: NFL

Safety Begins at Home: Riddell All-American Sports Cited for Serious Safety Violations by OSHA

Riddell-The Official Helmet of the NFL

Today’s post comes from guest author Jon Gelman, from Jon Gelman, LLC – Attorney at Law.

Recently there have been many discussions and lawsuits about NFL player safety arising out of serious brain concussions from football. In a ironic turn, a company who manufactures football safety gear has itself been cited for serious safety violations at its own manufacturing facilities. The apple certainly doesn’t fall far from the tree.

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Riddell All-American Sports Co. with eight alleged serious violations following an investigation that began in August 2012 from a complaint for exposing workers to multiple safety and health violations at its Alamo Downs Parkway facility in San Antonio. Proposed penalties total $44,000.

The serious violations include failing to ensure electrical equipment was free from recognized hazards, provide adequate machine guarding while operating industrial sewing machines, provide a fall protection program to prevent fall hazards from the basket of a powered industrial truck and implement a respiratory program. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

“It is the employer’s responsibility to assess the hazards in the workplace and provide a safe and healthful environment for its workers,” said Kelly Knighton, OSHA’s area director in San Antonio. “In this case, it is fortunate that no one was hurt.”

Elyria, Ohio-based Riddell, which employs about 25 workers at the San Antonio site, paints helmets for various sports, such as football and hockey. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s San Antonio office or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s San Antonio office at 210-472-5040.

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. For more information, visit http://www.osha.gov.

NFL Concussion Suits Barred by “Exclusive Remedy”? Why can’t I sue my employer?

We get calls every day from angry injured workers who want to sue their employer for negligence. It could be an employer removing a guard on a machine, a foreman ignoring a safety rule, or an injury caused by an employer’s failure to train an employee. Many employees are genuinely and bitterly disappointed when we explain a worker cannot sue his employer for negligence and that his only “exclusive” remedy is through worker’s compensation.

Aaron Rodgers concussionIn liability suits filed by hundreds of former pro football players who suffer from concussion-related injuries, the players claim the league negligently mislead them about the dangers of concussions. Attorneys for the injured players indicate it is likely the NFL will argue that football players should be covered exclusively by worker’s compensation.

The deal cut by employers and workers in Wisconsin in 1911 still stands: Employers give up the right to common law defenses (contributory and co-employee negligence, assumption of risk) for a fixed schedule of benefits; employees give up the right to sue their employer in tort (and to recover tort-like damages) in return for worker’s compensation benefits. No matter how nefarious the employer or Continue reading

The NFL’s surprising occupational hazard: obesity that kills (Part 1)

Today's NFL linemen have to be bigger than ever.

Over the last few weeks, we’ve shared some thoughts on workers’ compensation and the NCAA in a two-part series of posts. Today our colleague Len Jernigan of North Carolina sheds light on an unexpected health hazard football players in the NFL face. Football players contend with some very serious health risks, including chronic obesity – yet another reason why the NCAA’s approach to health care for student athletes deserves reexamination. 

Most people know that football is dangerous. We see reports of NFL players with every kind of gruesome injury imaginable. Even suicidal depression, it turns out, is a potential hazard of playing football. Of course playing in the NFL is both rewarding and risky.

There is one common health problem among NFL players, however, that usually goes unmentioned. We thought it was a fitting topic for our workers’ law blog because NFL linemen must embrace this condition in order to stay in peak performance. It’s called chronic obesity.

These days, to be an NFL lineman, you not only have to be fast and strong, you also have to be fat. Continue reading