Tag Archives: OSHA

Occupational Skin Diseases

Today’s post comes from guest author Anthony L. Lucas, from The Jernigan Law Firm.

In Wisconsin, if a worker suffers an occupational skin disease resulting in a permanent sensitization with loss of job or income, there is a chance to pursue a loss of earning capacity claim.

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.

Wisconsin Workplace Deaths on the Rise

There is a bad trend in Wisconsin: Deaths on the job are on the rise.

Specifically, OSHA (on December 18, 2017) issued a release that there were five Wisconsin worker deaths in the last 22 days!:

  • (Madison):  On November 27, 2017, a 26 year old employee was abrasive blasting and cut his inner thigh (femoral artery) with the abrasive blasting nozzle.  Reference OSHA’s Abrasive Blasting web page for safety and health related information regarding abrasive blasting operations.
  • (Eau Claire):  On December 1, 2017, a 60 year old employee working on a logging site was struck by a backing forwarder (skidder) machine.  Reference OSHA’s Logging web page for safety and health related information regarding logging operations.
  • (Milwaukee Area Office):  On December 5, 2017, a 32 year old employee was struck in the head when an approx. 50 lb. part being worked on flew out of a CNC machine. 
  • On December 5, 2017, a 59 year old employee was struck in the abdomen by a piece of wood that had kicked back from a table saw.  Reference OSHA’s Woodworking web page for safety and health related information regarding woodworking operations.
  • (Milwaukee Area Office):  On December 9th, 2017, a 36 year old employee was struck-by a materials van and pinned between the van and loading dock the van was being backed up to. Employers are encouraged to review dock areas to identify hazards and take necessary corrective actions.  Reference OSHA’s e-Tool on Powered Industrial Trucks (Forklift) for information on dock safety.

These recent workplace deaths are in the same year as the devastating plant explosion in Cambria, Wisconsin, on May 31, 2017, resulting in the death of 5 workers and injuring many more.  OSHA proposed a $1.8 million fine related to this fatal explosion.

Sadly, these workplace deaths are on the rise in our country as a whole.  The Bureau of Labor Statistics recently released its latest report on fatalities in the workplace, with data through 2016.  Unfortunately, the number of fatalites is the highest ever since 2008.  An informational chart can be found here.

While employers indicate there are ever-increasing safety measures at workplaces, accidents–even catastrophic ones–still happen.  And they are happening with more frequency.

Under Wisconsin worker’s compensation law, there are no pain and suffering damages for those family members left behind by the deceased worker.  A dependent (generally a surviving spouse or children under the age of 18) can bring a claim for death benefits–which are four times the worker’s annual earnings.  This amount can be (and can feel) woefully inadequate following a worker’s death.

What Do You Mean, I Can’t Sue My Employer?

OSHA find the owner of the Didion Milling Plant in connection with an explosion that killed 2 workers and injured several more.

I sat down this morning with a television reporter interviewing me about a horrific explosion in Wisconsin that killed 5 workers and injured many more.  The explosion on May 31, 2017 at the Didion Ethanol Plant in Cambria, Wisconsin occurred when corn dust exploded, destroying the entire plant.  OSHA hit the company with a $1.8 million fine, calling it a preventable explosion.

The reporter’s question to me was “Why can’t the employees sue their employer?”  The answer goes back over 100 years in Wisconsin to the “Grand Bargain” that was struck between management and labor.  Sometimes referred to as the “great tradeoff,” employees traded away their right to sue their employer, even for egregious safety violations, in return for wage loss and medical benefits to be paid regardless of fault.  The goal was to relieve the injured employee from the burden of paying for medical care and replace lost wages.  At the turn of the 20th Century, Wisconsin workplaces were often dangerous places, and employers had little incentive to make them safer.  Injured workers could rarely afford the kind of legal cost for recovery efforts in court and employers benefitted by use of contributory negligence, assumption of risk and co-employee negligence as bars to an employee’s recovery in court.

The administrative system that was established by worker’s compensation was created to provide a direct remedy to the employer and to limit (by Exclusive Remedy) litigation against the employer.  The system was supposed to insure a method of providing benefits to an injured employee during the period of disability and to ensure the employees were not reduced to poverty because of injuries.

Speed, dependability, and financial assistance were components of the new system, and by making employers responsible for injury, the law offered strong incentives to make workplaces safer.  Unfortunately, that has not occurred.  The latest statistics indicate that over 100 people die annually in Wisconsin and over 5,000 annually across the nation.

Revealing to a grieving widow that the remedy available is limited to four times the deceased worker’s annual income is precious little consolation for loss of a spouse’s life and lifetime income.

Distracted Driving – A Workplace Hazard

Today’s post comes from guest author Anthony L. Lucas, from The Jernigan Law Firm.

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.

Trump Dumps Workplace Safety

When FBI Director James Comey calls President Trump a liar, the world takes notice, but when Trump lies about workplace safety, the world takes little notice.  Trump’s administration has recently provided significant “relaxation” in the government’s approach to occupational safety.  The administration recently delayed action on a rule that would require the employer to electronically report workplace injuries so they can be posted for the public.  OSHA has also put off enforcement of an Obama-era standard for silica, a mineral linked to a disabling lung disease and cancer.  I’ve dealt with many silica exposure claims in Wisconsin particularly coming from the Kohler Corporation in Kohler, Wisconsin where silica is a necessary ingredient in many bathroom fixture manufacturing processes.  The administration has also proposed changes in beryllium exposure limits.  After 40 years of development a new rule under the Obama administration was set to lower workplace exposure to beryllium a mineral linked to a lung disease estimated to kill 100 people annually.  The nation’s largest beryllium producer had agreed to back the new restrictions.  A few weeks ago as the rule was going into effect the new administration proposed changes that many expect may exempt major industries from this tougher standard. 

When asked about the Trump administration’s approach to workplace safety a White House spokesman said “The President and his administration care very much about worker safety…”  Yet another lie.  See also Under Trump, Worker Protections Are Viewed With New Skepticism

Carbon Monoxide Poisoning at Work

Today’s post comes from guest author Anthony L. Lucas, from The Jernigan Law Firm.

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.

Why Immigration Policy Changes Will Probably Impact Workers Compensation

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore in Nebraska. Very interesting read for potential impact on Wisconsin workers and employers.

In theory, the changes to immigration policy proposed by President Trump shouldn’t impact workers compensation in Nebraska. Workers compensation laws are state laws and Nebraska, like most states, awards workers compensation benefits regardless of immigration status.

But theory is one things and reality is another.

Mike Elk of Payday Report recently ran an article detailing that workplace deaths among Latinos were the highest in 2015 than they had been since 2007. This spike was attributed in part to aggressive immigration enforcement by the Obama administration which immigrant advocates believed made workers afraid to speak out about working conditions over fear of deportation.

During the Obama administration tougher immigration policies were at least coupled with tougher and even innovative workplace safety enforcement by OSHA. In the Trump era, workplace safety enforcement is expected to be curtailed and new OSHA rules are poised to be rolled back.

Immigration and workers compensation is often thought of in the context of Mexicans and central Americans working in industries like meatpacking and construction. This is a misconception, the meatpacking industry in Nebraska and elsewhere employs an uncounted but significant number of Somali workers. Somalis are one of seven nationalities banned from entering the United States under President Trump’s order. Ironically Somalis were recruited heavily into meatpacking work after raids during the Bush administration lead to the deportation of Latino meatpacking workers. Somalis had refugee status so there were few questions about their immigration status or eligibility to work legally. Under the new executive order, their immigration status is less secure and they may be less likely to speak out about working conditions.

A smaller but growing number of Cubans are coming to Nebraska for meatpacking work as well. Like Somalis, Cubans are deemed to be refugees so their ability to work lawfully is not a question for employers. However in the waning days of Obama administration, President Obama ended automatic refugee status for Cubans in an effort to normalize relationship with the Castro regime. There was little public outcry over this order like there was for the so-called Muslim Ban. However because of an executive order, Cuban nationals working in Nebraska may be less inclined to speak out about working conditions or claim workers compensation benefits due to newfound uncertainty over their immigration status.

Tragic Cannery And Construction Site Deaths Highlight Need For Safety Enforcement

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

For more information about safety concerns and safety violations under Wisconsin workplace laws, please see: http://www.domerlaw.com/Articles/Wisconsin-employer-safety-violation-causes-workers-compensation-penalty.shtml

I was horrified when I recently read about a worker for a tuna company who was killed when he was cooked to death at the company’s California canning factory. According to the New York Daily News, the worker, Jose Melena, was performing maintenance in the 35-foot oven when a co-worker failed to notice he was still in the oven and turned it on to begin the steaming process of the tuna. The co-worker assumed Melena had gone to the bathroom. 

While there apparently was an effort to locate the worker, his body was not found until two hours later when the steamer was opened after it completed its cooking cycle. As an attorney, my clinical instinct shifts my focus to the mechanics of the accident and to fault. There are so many unanswered questions.  Why didn’t anyone check the machine before it was turned on? Why wasn’t the machine immediately shut down when they realized the worker was missing? As a person with feelings and emotions, I think of the horror and pain he must have gone through and the loss experienced by his family and friends as a result of his death. It is almost too awful to imagine. 

While this terrible tragedy occurred in 2012, it appears the reason that the story is currently newsworthy is that the managers were only recently charged by prosecutors in the worker’s death for violating Occupational Safety & Health Administration (OSHA) rules. Closer to home, more recent and just as unfortunate were the cases of the construction worker in Brooklyn who fell six stories from a scaffold while doing concrete work and a restaurant worker who was killed in Manhattan when a gas explosion destroyed the building he was working in. 

These stories highlight why safety procedures are so important. In some cases, there are no proper safety precautions in place. In others, there are safety measures in place but they may not have been followed. In rarer cases, crimes are committed that result in workplace fatalities. The failure to follow or implement proper safety procedures was a calculated risk, a terrible misstep, or a downright criminal act. In the case of the worker who died when he fell from a scaffold, there has been speculation that he may not have been attached properly to his safety harness. In the tuna factory death, the managers were charged with violating safety regulations; they face fines as well as jail time for their acts. In the gas explosion, there are allegations that the explosion was caused by workers’ illegally tapping into the restaurant gas line to provide heat for upstairs tenants. Prosecutors were trying to determine criminality; whatever the final outcomes, it appears that in these three instances the deaths were preventable. 

According to OSHA rules, employers have the responsibility to provide a safe workplace. They must provide their employees with a workplace free of serious hazards and follow all safety and health standards. They must provide training, keep accurate records, and as of January 1, 2015, notify OSHA within eight hours of a workplace fatality or within 24 hours of any work-related impatient hospitalization, amputation or loss of an eye.  

While this may seem like a small step, anything that results in creating higher standards for employers or encouraging them to keep safety a priority is always a good thing. These three examples are only a small percentage of the workplace deaths that occur each year. While not every death is preventable, everyone is entitled to go to work and expect to leave safely at the end of their shifts.  

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.