However, the disrepair of a roof itself may lead to other catastrophic construction accident scenarios, as it did for one worker who recently fell into a tank of nitric acid when the roof he was trying to repair collapsed.
]]> The experienced construction worker had recently been hired to repair a rotting roof for a manufacturing company. When the rotting roof gave way underneath him, he fell approximately 20 feet into a four-foot deep and 30-foot wide tank of nitric acid. The tank was uncovered at the time.Four fellow workers pulled the man from the tank and emergency workers immediately attempted to dilute the nitric acid covering his body. The man suffered such severe injuries that he is currently in a medically induced coma and is in serious critical condition.
The Occupational Safety and Health Administration has been alerted, so that it can begin an investigation into the accident. Given that safety precautions must be taken to safeguard workers from injuries such as these, it is likely that the construction company or the manufacturing company may be held liable for the accident.
A rotting roof is an obvious hazard for workers. It is unlikely that OSHA will determine that placing unsecured workers on the surface of a rotting roof over an uncovered nitric acid tank was a reasonably safe and legally sound decision.
This tragic accident should serve as a reminder to construction workers that employers and site supervisors do not always exercise the best judgment. Therefore, it is important to examine the areas within, above, below and around a given worksite in order to better ensure that if something goes wrong, the damage and any potential injuries will be minimal.
Source: NorthJersey.com, "Roofer falls 20 feet into nitric acid tank," Adam Greenberg, May 11, 2012
]]>Unfortunately for too many immigrant women, physical and psychological workplace injuries result from sexual assault and harassment. Injured immigrants often work on farms in rural areas, where it can be difficult to obtain help. In addition, these females are often too afraid to seek assistance due to fear of retribution and fear of deportation.
]]> The respected human rights organization Human Rights Watch recently released a report on the prevalence of sexual harassment and assault of immigrant farmworkers in the United States. It stated that, "Our research confirms what farmworker advocates across the country believe: Sexual violence and sexual harassment experienced by farmworkers is common enough that some farmworker women see these abuses as an unavoidable condition of agricultural work."Given that roughly 630,000 immigrant women work as seasonal and migrant farm workers in the United States annually, the number of women affected by these unacceptable and illegal behaviors is startling.
Approximately 60 percent of these female migrant and seasonal farmworkers are illegal immigrants, and are therefore unlikely to seek aid and to ultimately seek justice for the harm done to them. The report's author emphasized this point, saying: "It's easiest for abusers to get away with sexual harassment where there's an imbalance of power, and the imbalance of power is particularly stark on farms."
The Human Rights Watch report urges Congress to pass laws which would better protect female immigrant farm workers from sexual abuse. It also encourages the U.S. Department of Homeland Security to rescind rules which encourage police departments to report immigration violations in cases involving mistreatment.
For the benefit of all women within U.S. borders, hopefully federal lawmakers and regulators will heed the advice of the report's author.
Source: Google News, "Report says female farmworkers suffer sex abuse," Tracie Cone, May 16, 2012
]]>But even when examining the larger context of the U.S. as a whole, it is plain to see that the American workplace is still not nearly as safe as it could or should be. According to 2010 data from the Bureau of Labor Statistics (BLS), workplace accidents kill an average of 13 workers every day in the United States.
]]> This statistic refers only to fatal on-the-job accidents. An additional 137 U.S. workers die each day from occupational diseases. These are health-deteriorating conditions they suffer as a result of their job; often because of regular exposure to chemical and toxic substances at work.According to the 2010 BLS data (which is the latest data available), non-fatal injuries and illnesses in the workplace occur at a rate of at least 10,000 per day.
OSHA was created in 1970 as a result of the Occupational Safety and Health Act. Since that time, workplace safety conditions have improved dramatically. Back then, the work-related fatality rate in the United States was 18 deaths per 100,000 workers.
As of 2010 the rate had dropped to 3.6 deaths per 100,000 workers. But there is still room for improvement. In terms of worker death rate, the United States ranks 12th in the world in comparison to similar industrialized nations.
The picture looks grim, but it is important to remember how far we have come in just over four decades. As long as we continue to make occupational safety a high priority in government and in each workplace, there is reason to believe that conditions will continue to improve.
Source: AllGov.com, "13 Workers a Day Die on the Job...Not Including Work-Related Diseases," Matt Bewig, May 8, 2012
]]>Depending on the circumstances, contractors, foremen and even equipment owners can sometimes face criminal charges when a fatal workplace accident occurs. Late last month, a judge finally delivered a ruling on criminal charges stemming from a 2008 crane collapse that killed two workers on the Upper East Side of Manhattan.
]]> In the wake of the accident, the owner of a construction crane company was charged with manslaughter. Prosecutors had accused the defendant of being negligent regarding crane repairs, and therefore criminally responsible.They alleged that the defendant did not make the repairs according to the requirements of city inspectors. He also allegedly hired an unknown Chinese company to perform the crane repairs.
But after a long trial, a judge disagreed with prosecutors and the defendant was cleared of all charges against him. If he had been convicted, the charges could have resulted in five to 15 years in prison.
The District Attorney for Manhattan noted that there is an upside to this case, despite a loss for the prosecution.
He said: "Although we are disappointed with the judge's verdict, each case we have brought in this area has put increased scrutiny on the construction industry as a whole, and has had a cascading effect on safety practices. Construction companies must do everything in their power to protect the safety of workers and the thousands of New Yorkers who live near or walk by a construction site every day."
Source: Crain's New York, "Crane firm cleared in fatal collapse case," Amanda Fung, April 26, 2012
]]>In a recently released report, the Government Accountability Office (GAO) stated its belief that the Occupational Safety and Health Administration (OSHA) takes an unacceptably long amount of time to develop and release workplace safety standards.
]]> The reasons for OSHA's lengthy process are numerous, and include both procedural and judicial review requirements which are designed to safeguard employees in the long run, but which take valuable time.Nevertheless, the GAO insists that the 15-month to 19-year (yes, 19-year) timeframe that it takes OSHA to release critical safety standards is problematically lengthy and inconsistent.
The longer OSHA delays in developing and releasing standards, the longer employees are at risk of being unprotected from workplace hazards. In addition, it is difficult for employees to hold employers accountable for workplace injuries that occur as a result of hazards not properly regulated by the government.
Interestingly, OSHA does have the authority to issue temporary "emergency" standards related to urgent and developing issues, but has failed to use this authority since 1983. The agency insists that the strict statutory requirements governing these emergency standards are so involved that it is too practically difficult to meet required standards of evidence.
In its new report, the GAO highlighted several changes that OSHA could make to speed the process of developing and releasing workplace standards. These suggestions include encouraging the imposition of statutory deadlines and coordinating with other agencies in an increased capacity.
Hopefully OSHA will be able to implement some of the GAO recommendations for the benefit of workers everywhere. But judging by OSHA's current pace, we probably shouldn't expect to see these changes anytime soon.
Source: Occupational Health & Safety, "GAO Says OSHA Takes Too Long to Develop Safety Standards," Apr. 20, 2012
]]>It can be difficult, therefore, to make the distinction between work time and personal time when an employee suffers an injury during business travel. If the injury occurs in the hotel room, is it considered a workplace accident? Should it matter if the employee was injured while, say, having sex?
]]> In a recent court ruling from Australia, a woman was awarded workers' compensation benefits from injuries she sustained in a hotel room during a work-related trip in 2007. She suffered cuts to her face from a glass light fixture that had fallen off the wall.However, a lower court denied her claim because at the time of injury, she happened to be having sex. While the government worker was in town on business, she met up with a friend who lived in the area. Apparently, their dinner went quite well because the two ended up back at her hotel room.
The lower court said that sex is outside the realm of what is considered an ordinary activity for a business-related hotel stay. However, the ruling was appealed, and a higher court recently delivered a more favorable ruling.
The Justice explained: "If the applicant had been injured while playing a game of cards in her motel room she would have been entitled to compensation. In the absence of any misconduct or an intentionally self-inflicted injury, the fact that the applicant was engaged in sexual activity rather than some other lawful recreational activity does not lead to any different result."
While it didn't occur here in the U.S., this case shows that on-the-job injuries can occur in any number of ways, some of which necessarily cross over into our private lives. And when it comes to these more complicated cases, courts in different jurisdictions may give vastly different rulings. Therefore, injured workers can often benefit from the help of a qualified workers' compensation attorney.
Source: NBC Chicago, "Woman Hurt During Sex on Work Trip Entitled to Worker's Compensation," Daniel Macht, April 19, 2012
]]>Injuries such as carpel tunnel syndrome, chronic back pain and repetitive motion injuries can occur in spite of (and sometimes because of) the sedentary nature of office work. Sitting in front of a computer and typing all day can be hazardous to our health, especially if we don't implement good posture and other ergonomic support measures.
]]> New computer technology may be able to help improve health among us "desk jockeys." A recent news article talked about a new computer monitor manufactured by Phillips. Among its many features is an "ErgoSensor" that monitors the body positions of the user and suggests corrections.According to the article, a sensor located at the top of the monitor can track how close the user is sitting, as well as note details about his posture. It can then provide feedback to the user with tips on how to alter his position to be more ergonomically healthy. It may even be able to detect and correct slouching or awkward neck angles.
Another small but important feature the monitor offers is a time-break reminder. Presumably, this is a subtle alarm that reminds the user to take a break every now and again, whether that means getting up and walking to promote better blood flow, or just a chance to rest the eyes and avoid eyestrain.
Because so much necessary work is now done on computers, it is unlikely that sedentary office jobs will be going away anytime soon. But improved technology may help us avoid office injuries by promoting healthy habits and good posture.
Source: The Atlantic, "The Computer Monitor That Can Tell If You're Slouching," April 10, 2012
]]>We can't change the weather, we can only respond to it. That's why it is especially important for construction foremen and others in charge to take every precaution in order to keep workers out of harm's way during a storm. When they fail in this responsibility, workers can quickly get hurt or killed.
]]> Recently, the widow of a construction worker in New Jersey filed a wrongful death lawsuit against her deceased husband's former employers. In September 2011, the man was killed during a lightning storm while working at the site of a new casino in Atlantic City. The lightning bolt struck an 800-foot tower crane, traveled through it and electrocuted several workers who were in its vicinity.One worker died and at least two others were severely injured. Those two men have filed their own lawsuits alleging that they were forced to keep working in spite of the severe weather.
At a press conference, one of the men explained: "Instead of getting to safety, they offered us rain jackets. I was scared about the weather and told them I heard the forecast. They said get to work . . . We knew we had to get out of there, but it was too late."
Two construction companies are named in the lawsuits. One of the companies has defended itself by saying that the death and injuries were the result of a "freak accident" that could not have been prevented by anyone in charge of the work crews.
But the two injured workers disagree, as does the deceased man's widow. She said: "Their decision robbed me of my husband and closest friend, robbed my children of a father who loved them passionately and robbed [my husband] of his life. My sons and I are now left to live our lives without him. It is a devastating reality and more devastating than this is the fact that it was 100% preventable."
Source: NBC 10 Philadelphia, "Lawsuit Filed in Lightning Strike Death," Lauren DiSanto and Ted Greenberg, April 4, 2012
]]>Specifically, the city and union are clashing over licensing requirements for the crane operators themselves. The city has recently been pressured by the real estate industry to adopt increasingly stringent licensing requirements and to explore the option of mandating a national crane operator license for those who wish to work within city limits.
]]> International Union of Operating Engineers Local 14 insists that crane operation within NYC limits is a unique experience and the operators who work cranes within the dense confines of the city require local experience and unique testing to better ensure safety.In fact, that union has consistently emphasized that current NYC standards for crane operation are the most rigorous in the nation. The density of the city is unlike other environments, which means that a generalized national license would not adequately prepare potential operators to work in New York specifically.
However, representatives for the city have expressed a desire both to break the union stronghold on crane operation jobs and to increase safety throughout the industry. In terms of safety, the city has insisted that additional training may benefit overall safety on site.
This debate is not likely to conclude any time soon. Many factors must be considered before an action plan can be implemented. When it is finalized, the ultimate plan must both protect construction workers and passers by from crane accidents like the one which took a New Yorker's life only weeks ago.
Source: New York Times, "Crane Operators and New York Spar Over Licensing Rules," Charles V. Bagli, Apr. 11, 2012
]]>However, a new report indicates that one particular age group of workers is at higher risk of injury than others, due to employer and regulatory failure to oversee the unique safety needs of these employees.
]]> The report was compiled by researchers at the Colorado School of Public Health. It highlighted statistics indicating that workers under age 20 are particularly vulnerable to work accidents.For example, nearly 100 young workers lost their lives as a result of work-related injuries during 2010 alone. In the same year, over 20,000 private sector youth employees missed work due to occupational injury or illness.
The report indicates that these injuries and illnesses result largely from the unregulated nature of youth employment in America. The report's lead author noted the fact that, "Laws governing the employment of youth ages 14 to 17 in this country are often very lenient and in the case of family farms virtually non-existent."
As a result of the report's findings, many North American public health professionals, scholars and employee advocates are calling on regulators to more strictly oversee the working conditions of youth workers, from fast food service employees to family farm workers.
As the report's lead author recently insisted, "Work can help young people develop skills, explore career options, earn money, and gain self-esteem. But without adequate safeguards in place, work can also be dangerous for youth."
Source: Occupational Health & Safety, "More Oversight Needed to Protect Youth Workers, Study Says," Apr. 11, 2012
]]>According to sources, their scaffolding suddenly collapsed in the air, leaving the three workers dangling and waiting for a rescue. At around 10 in the morning, firefighters were called to the scene, a high-rise on 66th Street near Third Avenue. Bystanders watched in horror, while the workers dangled from the scaffolding, which had shifted to a 75 degree angle.
]]> The NYPD Emergency Services Unit arrived on the scene and one officer jumped over the roof and scaled the wall in a descent to aid one of the stranded workers. It took 10 minutes for the crew to secure the scaffold on the roof and for the emergency crews to pull the men to safety, according to a police officer.Fortunately, the men did not suffer any catastrophic or fatal injuries. One was taken to a hospital where he was treated for minor injuries and the other two men were not hurt. According to reports, the accident occurred after a cable slipped from a motor mount on the roof, causing one side of the rig to fall. An investigation by the city's Department of Buildings is looking to determine the cause of the accident.
Scaffolding accident are not uncommon. Unfortunately, for many workers, they can often end tragically, in serious or in death. Workers who suffer in scaffolding accidents can recover compensation for their hospital bills and lost wages incurred for any serious injury. Families who lose a loved one can recover compensation for wrongful death. All of the men were wearing safety harnesses at the time of the collapse.
Source: New York Daily News, "High drama! Construction workers rescued from scaffold collapse," Joe Kemp, April 13, 2012.
]]>A recent study shows that salon workers may also face toxic exposure hazards from other salon products as well; specifically nail polishes and related nail products. To make matters worse, researchers discovered that product labels such as "non-toxic" could rarely be trusted as accurate.
]]> The research was conducted by a subset of the California Environmental Protection Agency known as the Department of Toxic Substances Control. Researchers tested 25 different nail polish products, looking for the presence of three specific toxic substances, one of which was formaldehyde.While none of the polishes contained formaldehyde, many were found to contain the other two: toluene and dibutyl phthalate. Both of these chemicals have been linked to birth defects.
Of the 25 products tested, about half claimed to be free of all, one or two of the chemicals. Tests showed that only two of the products labeled as completely free of these chemicals actually lived up to that claim.
There were also five products that were not labeled as non-toxic, yet were free of all three toxic chemicals.
The study results have been criticized by those in the beauty products industry. Some say that the amounts of toxins found in nail polishes are not high enough to be a threat. Others say that the sampled products might not accurately reflect the full scope of what is on the market.
Still, this study should raise some red flags among salon workers and owners. A scientist who reviewed the report noted: "The bottom-line finding is we can't trust the labels on some of these nail salon products that are claiming to be free of these toxic chemicals. These chemicals have well-established health concerns. Obviously, there is greater danger for workers, who are exposed so much longer, day in and day out."
Source: WebMD Health News, "Is Your Nail Polish Toxic?" Kathleen Doheny, April 11, 2012
]]>To make matters even worse, this accident was distinctly preventable. The crane which collapsed was supposed to receive a thorough city inspection just three months ago, but was only given a partial check. City records indicate that the full inspection was delayed because the crane was being used during the time it was scheduled to be inspected.
]]> City inspectors were again scheduled to fully inspect the crane last Thursday. However, on Tuesday, the crane's boom collapsed and crashed onto a No. 7 line subway construction site.On the paperwork filed after the partial crane safety check in January, it was indicated that the boom specifically was not inspected. Eyewitness accounts and expert commentary indicates that the accident was likely caused by cable failure.
Three workers were injured and a 30-year-old male worker was killed in the collapse.
Members of the city's construction community are comparing this recent collapse to two crane collapse accidents which occurred in 2008. Those crane accidents killed nine individuals and injured an additional dozen.
Given the recent tragedy and the history of similar tragedies within city limits, many are questioning whether or not the Metropolitan Transportation Authority (MTA) and the city cooperate effectively enough to keep New York's construction workers safe.
The only good that can possibly come out of a tragedy such as this one would be that the MTA and NYC learn from it and ensure that a similar accident never occurs again.
Source: Wall Street Journal, "Fatal Crane Was About to Be Checked," Ted Mann and Tamer El-Ghobashy, Apr. 4, 2012
]]>Last week's post about toxic exposure hazards was just one example of what can go wrong underground. Recently, the Occupational Safety and Health Administration fined contractors at another New York underground work site for hazards that led to worker injuries late last year.
]]> In October 2011, two workers were injured at the site of the Queens-Manhattan East Side Tunnel Access Project. A rail car at the site rolled away uncontrollably and struck an aerial lift that had the two workers inside it.This construction accident prompted an inspection by the Manhattan-area OSHA office. Inspectors found several hazards and violations that led to the accident and the worker's subsequent injuries. Inspectors noted that:
In all, OSHA inspectors charged the site contractors with 11 serious violations, culminating in about $48,000 in proposed fines.
OSHA's Manhattan-area director said: "Underground construction is essential but dangerous work. It's also essential that effective worker safeguards are in place and in use at all times. That was not the case here."
Given the circumstances and the already dangerous nature of this work, it is fortunate that no workers were killed. Hopefully, these fines will be a wake-up call to all New York construction contractors to make worker safety a top priority.
Source: OHSonline.com, "N.Y. Contractor Cited after Runaway Rail Car Injures Two Workers," Mar. 27, 2012
]]>More than a year later, the factory is still in operation. But late last month, the Attorney General's Office arrested the factory's owner on felony and misdemeanor charges, some of which were related to the workplace accident.
]]> Following the worker's death, an investigation by the Occupational Safety and Health Administration resulted in a total of eight violations, six of which were classified as serious.The mixing machine was not guarded, and security footage showed the victim continually reaching an arm into it until he finally became caught and pulled inside. An OSHA spokesman said that the factory failed to guard machines until after the young man was killed.
In all, the eight violations could carry fines of up to $64,000. Additionally, the factory owner now faces misdemeanor charges of wage violations and felony charges of falsifying business records.
While all workers need to show personal responsibility, owners and managers are the ones who must set the standards and maintain the expectations of safe behavior. In a hazardous and poorly managed workplace like this one, a serious or fatal accident becomes almost inevitable. Unfortunately, regulators did not step in until it was too late.
Earlier this year, a memorial was held for the young worker who died. It was attended by his wife and young daughter, as well as members of Brandworkers, a non-profit advocacy group. Those in attendance applauded the factory owner's arrest and hope that it is a sign of reform.
In a public statement, a representative for the group said: "While nothing will bring Juan Baten back to his widow and daughter, this arrest is an important step forward toward accountability in New York City's food processing industry, where reckless disregard for worker health & safety is increasingly the norm."
Source: DNAinfo.com, "Owner of Tortilla Factory Where Worker Died Charged With Falsifying Records," Meredith Hoffman, Mar. 28, 2012
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