North Carolina Workers' Compensation Lawyers Blog

The Herald-Sun reports that a new bill aims to reduce compensation benefits, make it easier for insurance companies to eliminate benefits and abolish workers' rights to physician-patient privacy for those involved in work accidents in North Carolina and elsewhere. The proposals, HB 709 and SB 544, only create the illusion of better compensation for workers and do nothing to positively reform the current system.

Our North Carolina workers' compensation attorneys understand that these new bills are not in the best interest of workers. These bills will only shift the responsibility of compensation payouts from the insurance companies to the tax payers.

As we've recently reported on our North Carolina Workers' Compensation Blog, employers are doing all that they can to weasel their way out of paying claims for work accidents. Worker advocates continue to reiterate that insurance companies are putting in the long hours to make sure that payouts to injured workers are limited and they're making sure that these injured workers seek doctor diagnoses until an "employer-friendly" one is discovered.

The beginning of workers' compensation came after the Triangle Shirtwaist Company fire in New York City. This work accident took the lives of almost 150 workers. At that time, no compensation was paid for their deaths.

After the fire, New York passed one of the first workers' compensation acts in the United States. Many states followed, and North Carolina eventually passed a law in 1929.

When the first wave of workers' compensation was presented to U.S. workers, it went a little like this:

-Injured individuals were to receive two-thirds of the weekly wage earned before the injury and for as long as disability continued.

-All reasonable medical bills related to the injury were paid.

-If a body part had been permanently injured, additional payments would be made.

-Each body part was assigned a certain time period of allotted compensation if it was permanently damaged.

-There was no compensation for physical pain or emotional suffering.

-Wages were to never increase when receiving disability funds. You were locked into the wage you were receiving at the time of the incident.

A work accident in 2010 left a 17-year-old boy in pieces after he became entangled in a machine meant to shred pallets to make mulch. A safety bar had recently been removed and the employer had previously been cited with 11 violations. Because of workers' compensation immunity, the family of this young worker was prohibited from filing a civil claim against the employer. The employer received immunity and the family received very limited benefits, totaling 400 weeks of compensation and funeral expenses of less than $4,000.

The current bill that is pending in the North Carolina legislature allows disability benefits to halt after 500 weeks, even if the employee remains disabled.

Officials don't worry about disabled workers as they claim they will most likely fall into Medicaid, Medicare or Social Security Disability. This new bill would only shift the medical bills and other compensation payouts from the insurance companies to the taxpayers.

Reform or backpedaling?

Continue reading "New Bill Aimed to Reform Workers' Compensation in North Carolina may do Everything But" »

Filing a workers' compensation claim in North Carolina might appear to be much easier than it actually is.

According to the North Carolina Industrial Commission, when a worker is injured he or she must first seek the help of an on-site health care provider. If one is not readily available, the worker is then instructed to seek the assistance of a designated health care office. If neither resources are available, a worker is instructed to then, depending on the circumstances, report to a family doctor or a hospital emergency room.

Our North Carolina workers' compensation attorneys would like to remind workers that these forms must be submitted to the North Carolina Industrial Commission within 30 days and a report of their injuries must be submitted to their employer within the same timeframe. A number of forms must be completed in a timely manner to help your case and to ensure that you receive the compensation you deserve.

Secondly, you are instructed to inform your health care provider that the injury was caused on the job and tell them the name of your employer. This will allow them to bill the treatment as a workers' compensation claim.

Third, you are asked to inform your manager, supervisor or owner of the company about the work accident. If you can personally report the injury, you are asked to do so. If not, have a family member or health care provider do so. Be sure to do this as soon as possible as time is already ticking.

Fourth, you are asked to, within 30 days, provide a written notice to your employer including the date and details of the injury. Again, if you are not able to do so, have a family member or health care provider do it for you. Be sure to keep a copy of this letter for your records.

Finally, you are to follow physician's instructions for treatment. The Workers' Compensation System in North Carolina aims to ensure that you receive quality health care in an effort to restore you to the healthiest and best ability to work that you had prior to your injury.

These five steps will help you receive the appropriate and deserved health care treatment as quick as possible so that you and your employer can initiate workers' compensation benefits.

But wait, it's not that easy!

The state steps indicate a symbiotic relationship between an employer and an injured worker, but the truth is such a relationship may become strained from the moment you notify your employer of an injury. It's recommended that you look out for your own good first and foremost and consult an attorney.

On the N.C. Industrial Commission website, there are several forms to be completed within a specific timeframe after the incident. Many of these forms can be confusing and difficult to understand.

These North Carolina claimant forms include Form 25P, Form 25T, Form 31, Fort 33, Form 42, Form 18B, Form 18M and Form 18.

Even after completing these forms and providing all documentation, your workers' compensation claim can be denied by your employer. If your claim is denied, you have to fill out even more forms to appeal the decision. Again, a workers' compensation attorney may be able to help if you find yourself in this situation.

Let's say you were lucky enough to get through the stacks of paperwork and have your claim approved. How will you be sure that you're receiving the appropriate compensation for your injuries and time away from work? It is not uncommon for insurance companies to short-change you on your deserved compensation. For this reason and many others, it is critical for you to contact an experienced attorney in the wake of a work accident in North Carolina.

Continue reading "Seek Lawyer Assistance When Filing a Workers' Compensation Claim in North Carolina " »

A Raleigh doctor who has practiced medicine for more than 20 years is speaking out about workers' compensation insurance carriers. He warns that those filing workers' compensation claims in North Carolina should be prepared to battle employers and insurance companies as they attempt to limit the amount of medical care that an injured worker receives, according to News Observer.

This doctor has witnessed insurance carriers instruct nurse case managers to sit in on medical appointments of injured workers. These carriers report the appointment results back to insurance adjusters and question treatment plans to secure a treatment more appealing to these insurance companies instead of what may actually be more beneficial for the patient.

Our North Carolina workers' compensation lawyers understand that the workers' compensation system can be shoddy at times with insurance companies looking to cut corners to save a quick buck. Those who have experienced a work accident in the area are urged to speak with an experienced attorney to assure that they're getting the proper compensation for their injuries.

Even when nurse case managers aren't present, insurance companies often have "Peer Review" doctors from other hospitals discuss treatment recommendations for these patients to benefit the insurance agencies.

Most often, doctors are paid poorly when treating workers' compensation patients. Many doctors are hesitant - and sometimes refuse - to treat these patients.

To make matters worse, a newly proposed bill aimed at changing the workers' compensation system will further erode the ability of a physician to care for an injured patient independently. We're referring to House Bill 709, also known as "Protect and Put N.C. Back to Work."

This new bill would allow insurance companies to contact your doctor directly to demand that treatment plans be changed. It drastically decreases the ability of an injured worker to request changes in treatments. Workers would then be barred from receiving second opinions and would be prohibited from seeking opinions from private doctors.

As we've recently discussed on our North Carolina Workers' Compensation Lawyer Blog, local lawmakers need to take every precautionary step to protect the current workers' compensation system and fight against any so-called "reform" that would do nothing other than strip rights from injured workers. The main focus of these bills needs to be protecting our injured workers and providing them with the proper compensation instead of finding new ways to benefit insurance companies and large corporations.

Only real workers' compensation reform would continue to strengthen what is left of the doctor-patient relationship. A legitimate reform would recognize that cost containment is secondary to the goal of affecting the most complete, quickest and easiest recovery for the injured worker. The newly proposed House Bill 709 does nothing of the sort and North Carolina workers deserve better from their government.

Continue reading "Doctor Fed Up With So-Called North Carolina Workers' Compensation Reform" »

The current legislative session includes an attack on the rights of working North Carolinians. This attack is so-called workers' compensation "reform." The workers' compensation reform the Republicans (NC Chamber of Commerce, big businesses, insurance industry) and a few DINOs are pushing is contained in HB 709. This bill limits the number of weeks of compensation an injured worker can draw, even if he/she is still disabled and unable to return to work. All lost wage and medical benefits through the workers' compensation insurance company will stop.

This limitation of benefits will result in taxpayers supporting injured workers through Social Security Disability, Medicare and/or Medicaid. Something like this would normally elicit howls of pain from Tea Partiers and average Republicans alike, but the NCGOP nonetheless endorses the provision as payoff to the insurance industry for past support. If an injured worker has permanent work limitations, but is not totally disabled, the bill also requires him to go to work at any type job he can find, whether or not the job is comparable to the job in which he was injured. That will result in a school teacher or electrician being required to go to work at a minimum wage type job after an injury.

Other terrible things in store for injured NC workers if HB 709 passes are: 1. the Industrial Commission will be prohibited from approving any treating doctor other than the 'company' doctors the insurance company picks; 2. The Industrial Commission cannot consider testimony from any doctor other than the doctors the insurance company picks, even if the injured worker pays for his own doctor; and 3. Insurance company employees, employers and defense attorneys will be able to confer with the injured worker's doctors, i.e. tell the doctors what to do, without the worker's knowledge. If this bill passes, injured workers in NC don't have much of a chance at receiving justice.

The only way to defeat this outrageous bill is for enough NC citizens to express opposition to their state representatives. So if this bill sounds like a bad idea to you, please take a few minutes to contact your state reps:

Find my State Representatives

A Centers for Disease Control and Prevention (CDC) study reveals motor vehicle fatalities cost an estimated $41 billion in work loss and medical expenses annually. The CDC results are based on 2005 data, the most current year it said all-inclusive statistics on costs were available. Over half of all costs ($20.4 billion) are in the following 10 states: California ($4.16 billion), Texas ($3.50 billion), Florida ($3.16 billion), Georgia ($1.55 billion), Pennsylvania ($1.52 billion), North Carolina ($1.50 billion), New York ($1.33 billion), Illinois ($1.32 billion), Ohio ($1.23 billion) and Tennessee ($1.15 billion).

Our North Carolina workers' compensation lawyers in Asheville, Charlotte and Greensboro want you to know that car accidents that happen on the job are covered by workers' compensation. Let's review the exceptions and general rules about car crashes under the NC Workers' Compensation Act.

-Coming and Going Rule: Generally speaking, if you are in a car crash while going to or coming from work it is not covered by workers' compensation. The reason being it is not an unusual risk as a duty of employment, most people have to drive to work each day.

-Contractual Duty Exception: An injury from a crash can be covered if an employer gives an employee a vehicle to use as part of their employment. An accident happening while using the company vehicle to travel to and from work is covered. An accident may not be covered if using a company vehicle is a goodwill gesture by your employer and not a requirement of your job.

-Special Errand Rule: An employee is covered if they are injured in an accident while running an errand that benefits their employer. In this case the coming and going rule doesn't apply.

-Dual Purpose Rule: If your employer sends you to the bank and while there you do some personal banking and then have a car accident on the way back to work you are covered. If you run to the bank for personal reasons only and are injured then you are not covered.

-Traveling Salesman Exception: If you are required to travel as part of your job you are covered and the coming and going rule doesn't apply. If you run a personal errand that is clearly not job-related and have an accident then you may not be covered.

Continue reading "North Carolina Ranks in Top 10 for Cost of Crash-Related Deaths " »

Our North Carolina workers' compensation lawyers in Charlotte and elsewhere are keeping our eyes on the negotiations taking place regarding North Carolina's workers' compensation reform.

All sides in this ongoing debate remain optimistic that a fair outcome will prevail, though no formal agreement has been reached, reports The Sacramento Bee.

Over a hundred people packed into a meeting of the North Carolina Select Committee on Tort Reform to hear from speakers regarding the Workers' Compensation Reform Bill (HB 709). Those speaking included: Rep. Dale Folwell, Bobby Crumley of the North Carolina Republican Attorneys Association, Dick Taylor of the NCAJ, and John McAllister with the NC Chamber of Commerce. Rep. Folwell in his opening remarks made reference to a 13-hour "marathon" meeting reviewing HB 709 with interested parties.

The North Carolina Workers' Compensation Act does not allow, under most situations, an injured worker to sue their employer. The only legal remedy is workers' compensation. The General Assembly has been visited by over one thousand injured workers encouraging lawmakers to support a balanced and fair system.

We continue to update our North Carolina Workers' Compensation Lawyers Blog with the latest developments to House Bill 709. Call your North Carolina elected official and remind them that the workers' compensation system is not broken. Tell them in these hard economic times you don't want more families without an income or a lower income. Let them know that employers should be obligated, not taxpayers, to pay for injured workers. Remind them that businesses in North Carolina pay fair premiums already.

Remember the passage of Bill709 will:
-In most cases cut off benefits after 500 weeks, regardless of the workers' ability to work.
-Limit the ability of an injured worker to be treated by a doctor of their choice. They must go to a doctor picked by the insurance company or employer. And benefits could be discontinued based upon a claim that the employee is not cooperating.
-Require an injured employee to accept almost any job, no matter the pay, or have benefits stop.
-Let insurance companies talk to a worker's doctor and examine a worker's medical records without the worker's consent.

Our lawmakers need to protect our stable workers' compensation system. State officials need to make protecting injured workers, not insurance companies and corporate profits, a top priority.

Continue reading "Workers' Compensation Reform Continues to get Attention of Lawmakers and Injured Workers in Charlotte, elsewhere in State" »

Recently the News & Record reported on a fatal accident at the Greensboro Youth Council's (GYC) Carnival.

Our Asheville, Charlotte and Greensboro workers' compensation lawyers realize carnival work is dangerous and carries a high risk for young adult injuries in the work place.

While dismantling a Ferris wheel, 2 workers fell from bucket-style lifts when a cable broke. The workers were each in a bucket at different locations. The employee in the higher bucket was killed and the other remains in the hospital in critical condition. The Ferris wheel is 90 feet tall and needs to be taken apart piece by piece (16 buckets and spokes). A 67-foot crane and two 50-foot bucket lifts are needed to dismantle the ride. The axle of the wheel is 50 feet tall. At the time of the accident, all 16 buckets had been removed and 9 of the spokes. The North Carolina Department of Labor's Elevator and Amusement Device Bureau inspects all traveling amusement park rides after they are assembled. Any ride with deficiencies must be fixed and re-inspected before it becomes operational. Authorities report the company that owns the Ferris wheel has no OSHA citations in any state, dating back to 1972, the year citations were first issued. The GYC carnival, celebrating its 48th year, is the biggest youth-run event in North Carolina.

We have previously posted on our North Carolina Workers' Compensation Lawyers Blog on the risks teens face at work. The UNC Injury Prevention Research Center recently reported that tens of thousands of teens require a trip to the emergency room for work place injuries. Annually at least 70 teens die from work-related injuries and 100's more require hospitalization. A teen's employer is obligated to provide adequate training and supervision, a safe work environment and safety equipment. If a teen is injured on the job, an experienced workers' compensation attorney will tell you they are entitled to benefits. Compensation can be obtained for work accidents as long as you exercise your rights. It is against the law to be fired or punished for claiming workers' compensation.

Continue reading "North Carolina Youth Carnival Ends in Tragedy - Teen Work Accidents a Summer Danger " »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently announced the "Picture It! Safe Workplaces for Everyone", a national photography contest.

Our Carolina workers' compensation lawyers think any measure that raises workplace safety awareness is a good idea.

OSHA wants anyone who likes taking pictures to capture an image of workplace safety and health and send it to the agency. Collaborating with the public, relying on their imagination, talent and creativity is a nice way to kick off a nationwide effort to raise an understanding about workplace health and safety. As part of OSHA's yearlong 40th anniversary celebration, the contest is open to anyone ages 18 and older and will continue through Friday, August 12th. Both amateur and professional photographers can enter including OSHA contractors, the general public, and special government employees. Interpretation of "image of workplace safety and health" is up to each individual photographer and no particular subject matter or theme is prohibited. Photos have to be taken in the U.S. and its territories. Judging for first-, second- and third-place prizes will be awarded for the best portrayals of occupational health and safety relating to artistic value, and the capability to raise knowledge about health and safety in the general public.

An expert panel of accomplished professionals in the fields of public affairs and photography will judge the contest. The panel includes: Kathleen Klech, photo director for Condé Nast Traveler magazine; Earl Dotter, renowned photojournalist; Shawn Moore, chief photographer at the U.S. Department of Labor; Carl Fillichio, senior advisor to Secretary of Labor Hilda L. Solis for communications and public affairs; and George Tolbert, retired photographer for the U.S. Senate. The OSHA photo contest Web page will display all finalist and winning photographs. The first-place winner will get a congratulatory framed letter from Secretary Solis, and the three winning photographs will hang in OSHA's national office in Washington. They will be a daily reminder for policymakers of the real-life impact of OSHA's mission.

Participants can submit their photos and find a complete set of contest rules on OSHA's web page.

Continue reading "OSHA launches photo contest to raise awareness for North Carolina workers" »

Secretary of Labor Hilda L. Solis recently announced a nationwide outreach proposal by the U.S. Department of Labor's Occupational Safety and Health Administration to educate workers and their employers about heat-related illnesses caused by working outdoors.

Our North Carolina workers' compensation lawyers in Greensboro and elsewhere know that working outside can lead to life-threatening Carolina heat-related illnesses. If you have an outdoor job, contact an experienced lawyer if you suffer from heat stroke, heat exhaustion or any other heat-related illness.

"If you're working outdoors, you're at risk for heat-related illnesses that can cause serious medical problems and even death," said Secretary Solis. "But heat illness can be prevented. This Labor Department campaign will reach across the country with a very simple message - water, rest and shade."

Every year, thousands of outdoor workers develop a heat-related illness, which often starts as heat exhaustion. If corrective measures are not taken quickly, heat exhaustion can become heat stroke, which killed more than 30 workers last year. Heat stroke occurs when the body can not regulate its own temperature. Your body's natural cooling mechanism is sweating, with heat stroke your body will stop sweating causing your temperature to rise as high as 104 degrees or more.

"As we move into the summer months, it is very important for workers and employers to take the steps necessary to stay safe in extreme heat," said OSHA Assistant Secretary Dr. David Michaels. "Drinking water often, taking breaks and limiting time in the heat are simple, effective ways to prevent heat illness."

Workers in the following jobs can be susceptible to heat related illnesses: landscaping, construction, road repair, cooks and kitchen workers, airport baggage handling, law enforcement, recreation maintenance personnel and staff in warehouses without air conditioning. Heat-related illness educational materials for workers in both English and Spanish have been developed by OSHA; along with a curriculum to be used by employers for workplace training. Federal OSHA got assistance from California OSHA because of their state's successful outreach campaign on heat illness. OSHA has recently partnered with the National Oceanic and Atmospheric Administration (U.S. NOAA) on weather service alerts. This partnership will add worker safety precautionary tips when U.S. NOAA issues heat alerts.

Additional information can be found on U.S. NOAA Heat Watch Web page and OSHA's heat illness website.

Continue reading "Heat-related illnesses sustained on the job a concern to workers in Greensboro" »

Businessweek reports how thrilled big business is on the proposed legislation to change workers' compensation laws in North Carolina.

Our Charlotte workers' compensation lawyers aren't surprised by big business's reaction to saving tons of money at the expense of injured workers. We know that changes to the law could take away an injured worker's only income and means of providing for their family.

Workers' compensation law changes have been a frequent topic on our North Carolina Workers' Compensation Lawyers Blog. The bottom line is simple, employers don't want to pay workers for getting injured on the job.

If passed, the bill would:

-Not allow you to choose your own doctor. You can't even ask the Industrial Commission to approve a doctor you want.

-Eliminate your medical privacy rights. This means the insurance company can speak to your doctors whenever they want without you knowing about it or getting your approval.

-The insurance company could cut off your benefits if you don't cooperate with the doctors. "Not cooperating" could be interpreted as missing an appointment.

-Stop benefits after 500 weeks, regardless of your ability to return to work.

-Make you work a lower paying job.

-With few exceptions, stop your benefits after 500 weeks even if you can never work again.

Workers advocates say insurance companies work extra hard to limit payouts by making injured workers go to multiple doctors until one provides an employer-friendly diagnosis. This is exactly what happened to a 42-year-old Franklinville resident injured on the job. In 2007 he was working for a tree-trimming company removing branches from a cell phone tower on a mountaintop. A gust of wind blew the man off the branch which was 30 feet above the ground. He was able to grab another branch and with the help of fall protection gear he didn't hit the ground. But grabbing the branch caused him damage to his back, shoulder and arm. His employer's insurance company sent him to five doctors after the first diagnosis. The state Industrial Commission determined this as a pattern of "persistent refusal to provide timely treatment".

Continue reading "Changes to workers' compensation law heard by North Carolina panel " »

Hair salon workers and owners are being warned by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) about the potential exposure to formaldehyde from some hair straightening and smoothing products.

Our workers' compensation attorneys in Asheville, Charlotte and Greensboro know that formaldehyde is a serious health concern. It can cause allergic reactions of the skin, lungs and eyes; it can irritate noses and eyes and has been linked to lung and nose cancer.

Federal OSHA and many state OSHA agencies have been conducting investigations in a response to complaints about possible exposure to formaldehyde. Oregon's OSHA, Connecticut's Department of Public Health, and agencies in many other states have already issued warnings. Formaldehyde was found in the air by federal OSHA when stylists used hair smoothing products.

It is required by law for formaldehyde to be listed on labels or in material safety data sheets but some products did not have it listed as an ingredient. A result of one investigation found a salon had high levels of formaldehyde even though the products being used were labeled formaldehyde-free. California's OSHA has already issued violations to a distributer and importer of smoothing products claiming to be formaldehyde-free when in fact the products contain formaldehyde.

OSHA requires distributors, manufacturers and importers of goods that contain formaldehyde in any form, or that can discharge formaldehyde during use, to include facts about formaldehyde and its hazards on the labels and within the material safety data sheets that are given to employers.

"Workers have the right to know the risks associated with the chemicals with which they work, and how to protect themselves," said federal OSHA Assistant Secretary Dr. David Michaels. "Employers need to know these risks in order to ensure the safety and health of their employees."

To reduce the potential exposure to stylists, OSHA recommends to salon owners not to use products that contain oxymethylene, oxomethane, methanal, paraform, methylene oxide, formic aldehyde, formaldehyde, methylene glycol, formalin or Chemical Abstract Service Number 50-00-0.

If a salon owner insists on using formaldehyde-containing hair product, then the following OSHA's standards must be adhered to:
-Conduct air monitoring.
-Install proper ventilation where needed.
-Train staff about formaldehyde.
-Provide protective equipment including: chemical resistant aprons, gloves, chemical splash goggles and face shields.

Further information on health hazards of formaldehyde is available on OSHA's website.

Continue reading "Formaldehyde a serious danger to North Carolina hair stylists" »

Those engaged in recovery and cleanup work are warned by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) to protect themselves from injuries. In your effort to help others, safety shouldn't take a back seat. Injured workers are the last thing a disaster site needs in the mix of pure devastation.

Our North Carolina workers' compensation attorneys in Statesville and elsewhere have the victims affected by the recent devastating storms in our thoughts and urge workers to be safe during cleanup to prevent a work-related accident.

OSHA wants to remind us of the dangers of cleanup activities after a storm and the precautions to be taken to reduce potential injuries.

"Emergency response should not put you in the hospital emergency room," said Cindy Coe, OSHA's regional administrator in Atlanta. "Storm recovery work encompasses a wide range of safety and health hazards, which can be minimized by knowledge, safe work practices and personal protective equipment."

There are a lot of activities associated with cleanup work after such a devastating event including:
-Restoring water, sewer, electricity and communications services.
-Demo work.
-Pumping floodwater from structures.
-Entering flooded areas.
-Cleaning up debris, tree-trimming, structural, roadway, dam, levee and bridge repair.
-Use of aerial lifts, cranes and other heavy equipment.
-Hazardous waste operations.
-Emergency response activities.

Risks to workers include:
-Getting sick from contaminated water or food.
-Heat-related illness.
-Electrocution from downed electrical wires.
-Portable generator hazards like carbon monoxide exposure.
-Tree-trimming or working at heights have the potential for fall and struck-by hazards.
-Excavations or confined space hazards.
-Drowning during body removal from moving water or structures.
-Being run over by a vehicle or heavy equipment.
-Musculoskeletal injuries, burns and lacerations.
How do you protect yourself from becoming a victim at a disaster site?
-Use personal protective equipment.
-Assume all power lines are live.
-Use equipment like saws, ladders, portable generators correctly.
-Constantly monitor the work area for potential hazards.
-Follow proper hygiene practices.
-Pay attention and be aware of your surrounds at all times.

Further information about keeping disaster site recovery workers safe can be found on OSHA's Web site.

Continue reading "Clean up work following a storm is risky business for recovery workers in North Carolina" »

Occupational Safety and Health Administration (OSHA) needs to gather information from experts to consider regulatory options for making workers safer from combustible dust hazards.

Our workers' compensation attorneys in Charlotte, Greensboro and Asheville know that over the last 30 years almost 150 workers have been killed and an additional 850 have sustained injuries from combustible dust explosions.

In recent posts to our North Carolina Workers' Compensation Lawyers Blog we reported on the dangers of working in a hazardous dust environment. We also wrote about the tragic February 22, 2011 Sherwin-Williams plant explosion in Greensboro that investigators believe was caused by vapors igniting.

OSHA will be hosting a Combustible Dust Expert Forum on May 13, 2011 to discuss methods for reducing such explosions. Various industries will be represented including:
research groups, academia, labor, insurance-underwriter organizations, and government officials will be on hand. The topics to be discussed will be on protecting employees from dust hazards in addition to how to keep the costs to small- and medium-sized businesses down.

OSHA started efforts to address combustible dust hazards back in 2007 with a National Emphasis Program. The result yielded inspections on facilities that handled or created combustible dusts. Those inspections found that facilities could benefit from stronger standards regarding combustible dust. What followed in 2009 was a publication of an Advance Notice of Proposed Rulemaking, which received more than 100 comments.

Then OSHA conducted a Web chat and held six stakeholders meetings. They wanted as much participation on combustible dust as possible from stakeholders and the public, especially how it would affect small business. This was all in preparation for gathering a Small Business Regulatory Enforcement Fairness Act panel.

Combustible dusts are chips, fine particles, fibers, flakes or chunks that, under certain conditions, can cause an explosion or fire when floating in air. Types of dusts can include plastic, aluminum, wood, magnesium, rubber, flour, coal, paper and sugar among others.

Learn more about Combustible Dust on OSHA's Safety and Health Topics page.

Continue reading "Combustible dust a growing hazard to North Carolina workers" »