North Carolina Workers' Compensation Lawyers Blog

Virtually every employee in the every workforce is exposed to an electrical current during their daily duties. Electricity can cause of some serious work-related accidents in Greensboro and elsewhere. Electrocutions can happen to workers in almost all industries. There are a lot of workers in the U.S. who are completely oblivious to these risks, which makes them some of the most vulnerable to an accident involving electrocution.

Injuries caused by electrical current can include shocks, electrocutions (fatal), falls resulting from contact with electrical energy and burns from explosions or fires.

Our Greensboro workers' compensation lawyers understand that working with electricity can be dangerous. Not only are electricians, engineers and other professionals who work with electricity directly in danger of these kinds of accidents, but office employees who work indirectly with electrical currents can be at risk as well. For some time, electricity has been recognized as an on-the-job hazard. To help reduce these risks, the Occupational Safety and Health Administration (OSHA) created a number of electrical standards to be used on every work site in the country to help protect employees.

From 2003 to 2007, there were more than 28,400 workers killed on the job. Contact with some type of electrical current was the 7th leading cause of work-related deaths during this time. In these kinds of accidents, nearly 13,200 workers were injured so badly that they had to take time off of work.

Historically, construction workers have seen the largest number of these kinds of fatal work accidents. Still, workers in all kinds of settings are susceptible.

What you need to know about electricity:

-All electrical systems have the potential to hurt you.

-Electricity can be either "dynamic" or "static." Dynamic electricity is the uniform motion of electrons through a conductor. Static electricity is when electricity accumulates on a surface as a result to friction and contact with another surface.

-There can't be any electric current without an unbroken path to and from a conductor.

-When you make contact with electrical energy, the electricity can interfere with the normal electrical signals that are communicated between your brain and the rest of your body.

-High voltage contact burns can burn your body's internal tissues while leaving very little signs of injury on the exterior part of your body.

-Remember to inspect tools and power outlets before using them each time.

-Make sure you're always using the right size fuse.

-When working with electricity and using a ladder, make sure that your ladder is made of non-conducive materials or wood.

-Never work with electricity in areas that are damp or wet.

-Never use power cords that are broken or have exposed wiring.

-Make sure your tools are off before you plug them into a power supply.

-It's never a good idea to use light-duty power cords.

Continue reading "Greensboro Work Accidents Often Caused by Electricity" »

There is going to be six more months of enhanced enforcements on residential construction to help to prevent work-related accidents in North Carolina and elsewhere. The recent announcement was made by the Occupational Safety and Health Administration (OHSA) as it declared that the extension of the new enforcement efforts would now go through the 15th of September. These temporary measures include increased outreach, measures to assure consistency, extended abatement dates, penalty reductions and free on-site compliance assistance.

Every year, more construction workers are killed by on-the-job falls than in any other kind of work accident. Over the last year, OSHA has worked diligently with the construction industry to reduce these risks. The Administration has conducted more than 1,000 outreach programs across the county. These programs are used to help companies more easily meet the requirements of the new directive. OSHA has no intention to stop either. The agency will be continuing its work to help employers get a clear understanding of the new policy and how to meet the safety standards it lays out.

Our North Carolina workers' compensation attorneys understand that the new directive was issued by OSHA to help protect those performing residential construction activities. The new guidelines replace Instruction STD 03-00-001. The new directive, 29 CFR 1926.501(b)(13), specifies that employees who work in this industry and work at heights of at least 6 feet in the air are required to have the proper fall protection. These fall protections can include personal fall arrest systems, safety net systems or guardrail systems.

The New Fall Protection Plan Requires Employers To:

-Create, implement and enforce a fall protection program.

-Provide employees with training regarding the requirements of the fall protection program.

-Evaluate the program regularly to make sure that it's effective. Programs often need to be changed and updated to meet the ever-changing requirements of the job.

According to the Bureau of Labor Statistics, there were nearly 800 people killed while working in the construction industry. Of these fatalities, falls accounted for nearly 40 percent of them, making work-related falls the most common fatal accident in the industry. In addition to these fatalities, there are approximately 150,000 construction work-related injuries every year.

Workers who are between the ages of 25- and 34-years-old are the ones who are most likely to be injured on a construction site. Most of the injuries are to a worker's trunk, spine or back. Nearly 20 percent of workers compensation costs are spent on employees who are injured while working on a construction site.

Common Falls and Workers Compensation Costs:

-Roofing falls: About $110 each.

-Carpenter falls: More than $97,000 each.

-Falls from ladders on scaffolds: Nearly $70,000 each.

Continue reading "North Carolina Fall Accidents Targeted by New OSHA Policy" »

Think you are safe in your office, at your cubicle or behind your office desk? You may want to rethink that after reading this. You could be at some serious risks for work-related injuries in North Carolina and elsewhere. It's important for employers and employees to work together to maintain a safe office setting. This requires reducing chemical dangers, making sure that equipment and work stations are designed properly, that the physical environment is pleasant, that the tasks are reasonable, that the psychological factors are manageable and that you're not exposed to any other kinds of dangers.

According to the Center for Disease Control and Prevention (CDC) workplaces need to be designed so that employees can work comfortably and don't have to sit or stand for too long and so they don't need to over-reach or work in awkward positions. Our North Carolina workers compensation attorneys stress the importance of employers ensuring their workers are working with the correct ergonomic design. When office workers start complaining of pain, many times the solution can be as easy as a furniture change.

Or, the equipment office workers are using could be satisfactory, but the way the work task is executed could be redesigned. For workers who are on the computer for most of the day, it has been proven that short breaks every hour can reduce the risks of long-term pain.

Other office and desk dangers can include exposed electrical cords, dangerous corners, open desk and filing cabinet drawers, falling objects from high shelves as well as speed and repetition of work-related duties. It's important to make sure job-related stress doesn't consume your life. The requirements of your job need to meet your capabilities. If they don't, a worker can be hurt.

One of the most important factors to help reduce the risks of injury among desk workers is ergonomics. This is the study of people who are at work. The goal of this field is to help to reduce the risk of injuries, disorders and stress related to the overuse of muscles, repetitive tasks and bad posture. Workplaces need to be controlled and tasks need to be designed accordingly to minimize risks.

If your positions at work are not ergonomically correct, you run the risks of work-related musculoskeletal disorders of the upper extremities, neck and low back.

The Bureau of Labor Statistics reports that roughly 15 million Americans are employed for full-time positions and work on the night shift, evening shift, rotating shifts or other irregular schedules. According to the International Labor Office, the number of hours worked in the U.S. exceeded that of Japan and most of Western Europe. Both shift work and long shifts have been associated with increased risks for illnesses and injuries on the job.

It is important for employers to keep an eye on work design, work-related stresses, air quality in the office, noise control, occupational violence and work scheduling to help to reduce the risks of work-related accidents. Employers have a responsibility to provide safe workplaces for all employees.

Continue reading "Prevent North Carolina Office Injuries " »

A trucking company based out of Salisbury has been instructed by the Occupational Safety and Health Administration (OSHA) to reinstate a recently-terminated employee's position with the company. The commercial printing company, Rowan Business Forms, allegedly fired the truck driver after he spoke out about some safety concerns that he had with the brakes on his company-owned truck.

Employees should be provided with safe working conditions, regardless of their work title. If you feel that your safety is in jeopardy on the job and you are at unnecessary risks for a work-related accident in North Carolina, you're asked to speak up. Safety should be a top priority of employers nationwide.

Under the current law, employees may not be retaliated against for raising safety concerns. That violates OSHA's whistleblower provisions of the Surface Transportation Assistance Act (STAA) and 20 other statutes protecting employees who report violations. These violations may consist of dangers involving various securities, consumer and workplace products, or laws regulating safety in the fields of health care, maritime, rail, environment, pipeline, nuclear power, airline and commercial motor vehicles. Our Salisbury workers compensation attorneys are here to help you to fight for your safety on the job throughout North and South Carolina. If you feel that you have been unfairly treated by an employer, recruit an experienced attorney to fight for you.

After OSHA conducted an investigation through its Whistleblower Protection Program, officials found that the firing of the truck driver was in fact in violation of federal standards. As a result, Rowan Business Forms has been ordered to pay the worker roughly $85,000 in compensatory and punitive damages, back wages and interest. No employer is allowed to terminate an employee because he or she was vocal about concerns for workplace safety. Employees are provided with rights and they must be protected throughout the nation.

An OSHA spokeswoman in Atlanta said the agency takes retaliation complaints extremely seriously, especially when the employee was trying to bring to light safety concerns.

Here's how it happened: Back in August 2009, the truck driver told his supervisor about the brake fluid leakage on the company's dump truck. He told the supervisor that the brake pedal could be pushed all the way to the floor and that he almost slammed into a car in front of him because of that problem. He said he feared for his safety. The manager of the company said that they would have the leak fixed before the driver's next dump, but the repair was never completed. Then in October, when the truck was scheduled for its next delivery, the employee refused to drive it because he saw that the leak was never fixed. The very next day, the truck driver was fired.

Under current provisions, employers are not allowed to retaliate against workers who speak up about the concerns that they have about their safety on the job.

Continue reading "Fear of North Carolina Work Accident Led to Firing" »

Some employees have to work in small spaces. For many, such conditions might spur claustrophobia. For these workers, it's just another day on the job. These tiny spaces are referred to "confined space," and it's traditionally referred to as working in an area that has very few entrances and exits, is unfavorable for natural ventilation and is not intended to for human occupation for any extended period of time, according to the Centers for Disease Control and Prevention (CDC). These small areas can sometimes produce dangerous air contaminants, increasing the risks for work-related accidents in North Carolina and elsewhere. These spaces can also make everyday tasks more difficult. These workers must do their jobs in close quarters with high-powered tools, falling debris and little room to escape. Planning and preparation is the best way to avoid one of these accidents, but this kind of work is a group effort.

Confined Areas Can Include:

-Boilers.

Reaction Vessels.

-Degreasers.

-Vats.

-Silos.

-Pits.

-Process Vessels.

-Compartment of Ships.

-Storage Tanks.

-Underground Utility Vaults.

-Tunnels.

-Sewers.

-Exhaust and Ventilation Ducts.

-Pipelines.

Our North Carolina workers compensation attorneys understand that there are more than 90 workers killed every year while working in confined spaces. The Bureau of Labor Statistics (BLS) reports an all-time low of these work fatalities in 1990 at 81 to an all-time high of 100 in 2000. In between these years, the average number of yearly fatalities was 92.

To help keep an eye on these kinds of work accidents, investigators with the Fatality Assessment and Control Evaluation (FACE) Program examine each and every fatality associated with confined space-related accidents. Since the program was launched back in 1982, officials have investigated nearly 200 fatal accidents.

The North Carolina Department of Labor (NCDOL) is here to offer employees and employers with some safety tips to exercise when working in confined spaces. All of these tips should be fully executed to increase on-the-job safety.

Confined Spaces Safety Tips for NCDOL:

-Keep the noise level low so that employees can hear a warning to avoid any dangers. Areas that are too loud will hinder an employee's ability to hear and could put them in danger.

-Keep all surfaces dry.

-Beware of falling objects.

-Develop a permit-required confined space program covering contractor operations.

-Make sure all employees have access to respirators.

-Ventilation by a blower or fan may be necessary to remove harmful gases and vapors from a confined space.

-Never trust your senses to determine if the air in a confined space is safe. Always test the air with multi-atmosphere testers.

-Create a lockout/tagout program. This type of program is required to separate the employee from the sources of hazardous energy.

-Create procedures to identify and evaluate the hazards of permit spaces before employees enter.

-Employers are required to provide proper training for all employees who have to work in permit spaces.

-Have an effective rescue plan in place. More than 50 percent of the workers who die in confined spaces are attempting to rescue other workers.

Continue reading "Fatal Work Accidents in North Carolina Caused by Confined Spaces" »

According to the state's Court of Appeals, an employee will be receiving workers' compensation for his work-related injury in North Carolina. A worker who was injured on the job is now entitled to wage-earnings because his injury hindered his ability to work. Here's how it happened. A man who was working as a utility/process operator for a corn products manufacturer was required to kneel down frequently on the job. After kneeling for such long periods of time, he began to feel pain while on his feet. He tried out orthotic inserts for his work boots and those didn't help. About two years later, the man said he felt a pop in his foot when he would stand up from his kneeling position. The pop caused an immediate pain in his ankle and his foot. The pop turned to pain, which then turned to swelling. After seeing a doctor, the worker was diagnosed with tenosynovitis and ruptured or torn tendons, according to Risk & Insurance Online.

After the injury and the diagnosis, the worker was required to use a cane when he walked because of the pain in his leg and his foot. He filed an occupational disease claim. His employer tried to fight that claim, which was initially battled in the lower courts. But recently, the Court of Appeals ruled that the operator was in fact entitled to his benefits.

Our North Carolina workers' compensation attorneys understand that employers are hesitant to fork over the benefits for these kinds of injuries. In this case, the employer reportedly tried to argue that there was absolutely no evidence that the tenosynovitis was caused by the work he was required to perform. The court didn't buy it, saying that the worker's doctor determined that the condition was most likely caused by job requirements, specifically repetitive overuse of the knees and ankles when getting to and from the kneeling position during a span of 25-years with the company.

The court ruled that this was in fact an occupational disease, occurring from stress over many years, even though that company argued that it was the result of a single maneuver. The courts said that the tendons were worn because of they were overused for so long.

Under this ruling, the employee will receive temporary total disability benefits because the worker is unable to work because of the pain. He is currently limited as to his ability to sit, walk or stand for long periods of time.

These types of injuries, repetitive motion/strain injuries, are among some of the most common in the U.S. Some estimates conclude that there are more than 25 million people who have been to a doctor because of a repetitive strain injury of just the hand. Experts believe that there is possibly another 40 million people who have experienced the symptoms of these kinds of injuries, but failed to seek medical attention. Millions more have visited a doctor for other repetitive motion strains. The Bureau of Labor Statistics reports that repetitive strain injuries account for about 60 percent of all reported occupational illnesses. The annual costs for companies to cover these injuries are estimated at more than $25 billion.

Some statistics report that these accidents can cost nearly $30,000 for just lost days at work and medical expenses. For companies, when factoring in temporary help and the cost of the loss in productivity, costs can be more than $60,000 apiece. The National Institute of Occupational Safety and Health (NIOSH) predict that 50 percent of workers in the country will suffer from some sort of repetitive strain injury.

Continue reading "North Carolina Work Injury Wins Court Victory" »

The Occupational Safety and Health Administration (OSHA) is still working diligently to help to reduce the risks of work-related injuries in Asheville and elsewhere during hydrostatic trenching, excavation and trenching and equipment operations. OSHA recently announced it will renew its partnership with the American Pipeline Contractors Association (APCA) to do just that.

David Michaels, Assistant Secretary for the Labor for Occupational Safety and health, said that OSHA aims to make sure workers are protected anytime they are working on pipeline construction in the gas and oil industries.

Our Asheville workers' compensation lawyers understand that these collaborative efforts will continue to help change the culture and operations of the pipeline industry. The renewed enforcement efforts are planned to help employers focus on accident and injury prevention on work sites. As this is a federal requirement, OSHA continues to help employers meet federal safety standards to help make sure that all employees are adequately protected from accidents on the job.

The renewed partnership is going to be a two-year project in which the alliance will be sharing information regarding on-the-job health and safety standards, employer responsibilities, worker rights, etc. through a number of stakeholder meetings, exhibits and forums. Other focuses will be on issues that pertain to on-the-job distracted driving and effective communication with non-English speaking workers.

Currently, the APCA addresses environmental, safety and security issues regarding those employed in the pipeline industry. Those covered under this umbrella include contractors, suppliers and manufacturers of related services and products. The APCA is currently representing nearly 15,000 employees and about 50 companies. It offers training for those working in the ever-changing pipeline industry, as well as effective tips for keeping up with these changes.

Through the program, both the APCA and OSHA work with employers and employees around the country to help prevent workplace illnesses, injuries and fatalities. The groups there are trade, consulates, professional and union organizations, community- and faith-based organizations, educational institutions and various businesses. These groups are working together with the APCA and OSHA to create compliance assistance resources and tools that can be shared with workers throughout the industry. These resources are used to educate employees and employers about their responsibilities and rights.

What are the benefits of an Alliance?

-Assistance in helping workers access beneficial ways to achieve workplace safety, access health tools and access info regarding their rights on the job.

-Resources to best maximize employee health and safety protections.

-Help to establish a progressive dialogue within the agency and those who are committed to employee safety, health and rights.

Continue reading "Asheville Work Accidents on OSHA's Agenda" »

Recently, a Carteret County fire department was given a number of safety and health citations from the North Carolina Department of Labor after an investigation into alleged asbestos exposure. The safety inspection was conducted after the occupational department received a complaint.

The Indian Beach-Salter Path Fire Department was on the receiving end of these citations after health officials determined that the department failed to take the proper actions to help protect employees from work-related accidents in North Carolina. The department received a dozen serious violations in addition to five non-serious violations, according to the Jacksonville Daily News. All of the citations were the result of the department violating the Occupational Safety and Health Act of North Carolina and failing to protect employees.

That was just about $14,500 in proposed penalties. We understand that fireman face grueling work conditions - running into burning buildings to save lives - but our North Carolina workers compensation attorneys don't expect one of the dangers for firefighters to also be asbestos exposure. The complaint that launched the entire investigation into the Beach-Salter Path Fire Department was filed back on Nov. 2

Most of the safety violations were the result of an inspection into the site of 118 Ballpark Road. This is the site where fire department employees were required to take out linoleum that contained more than a quarter of Chrysotile asbestos, putting the workers at risk for injury and illness.

The citations reveal the violations were all grouped together because they all covered relatively similar workplace dangers and hazards that all have the potential to increase injury or illness resulting from an accident.

Investigators found there weren't enough safety precautions taken to meet the requirements to work with Class II asbestos. These include performing exposure monitoring and providing knowledgeable supervision.

The citations didn't explain why the employees were doing work on this site, but some reports indicate that back in November, the building was being prepared to be set on fire for training purposes.

In addition to the inspection of the site on Ballpark Road, health department officials also inspected the fire department itself on Salter Path Road. At this location, there were three electrical-related violations observed by occupational safety and health investigators.

The Beach-Salter Path Fire Department has 15 work days from the date on the issued citations to either file a notice of contest with the North Carolina Review Committee, to request and informal conference with the Labor Department or just pay the fine.

There are a number of complications that can arise from overexposure to asbestos:

-Mesothelioma - a form of cancer mainly affecting the lining of the lungs.

-Asbestosis - a non-malignant scarring of the lung tissue.

-Asbestos-related lung cancer.

-Non-malignant pleural disease.

Continue reading "Firefighters Exposed to Asbestos-Related Work Hazards in North Carolina" »

Welch Group Environmental LLP of Belton was recently cited by the Occupational Safety and Health Administration (OSHA) for failing to take the appropriate measures to help prevent work-related accidents in South Carolina and on its other work sites. OSHA recently conducted an investigation into one of the company's work sites and noted nearly 20 different health violations. At the work site in question, Welch Group Environmental was hired to help to clean a shooting range and reclaim the lead. After the investigation on this site, OSHA officials concluded the company failed to protect workers from overexposure to lead. All of the fines totaled a penalty of nearly $500,000.

Darlene Fossum, OSHA's area director near the work site, says the company "acknowledged...the dangers associated with lead exposure but continued to allow hazards to exist."

Our South Carolina workers compensation attorneys understand the inspection into the dangerous work site started back in July as a part of OSHA's regional and national emphasis programs for lead. Welch Group Environmental LLP was handed more than 10 willful violations, which came with a total of more than $460,000 in penalties. The company was found to be in violation for several oversights, including:

-Neglecting to provide protection benefits to employees on lead exposure;

-Neglecting to give workers respirators;

-Failing to provide employees with the proper bodily protections;

-Failing to monitor the lead levels in employees' blood;

-Failing to provide employees with changing rooms and shower facilities.

In addition to all of those violations, the company also allowed employees to dry sweep and shovel areas that were contaminated with lead and allowed the workers to have been exposed to levels of lead that were far above the allowable limit.

Welch Group Environmental LLP was also handed nearly five additional serious violations totaling nearly $17,000 in penalties.

Serious Violations:

-Neglecting to make sure workers who were wearing the respirators didn't have facial hair that could have interfered with the seal.

-Not providing the proper respirators to employees who were exposed to levels of lead that were 10 times higher than the maximum concentration.

-Failing to provide employees with blood level test results.

-Neglecting to provide workers with a blood sample analysis, including serum creatinine, blood urea nitrogen, zinc protoporphyrin, hemoglobin and hematocrit determinations.

Lastly, the company received two more violations with final penalties of just over $1,000 for neglecting to label containers properly that housed protective clothing and for failing to create and enforce a written hazard communication program.

OSHA has required that the company undergo even more inspections to make sure that the proper changes have been made to help to protect its employees.

Continue reading "Company Fined Nearly $500,000 for Failing to Prevent Work-Related Accidents in South Carolina and Elsewhere" »

Most U.S. workers don't wake up in the morning anticipating the possibility of having to wear a mask that day to protect them from potentially harmful chemicals or gases.

But according to the Centers for Disease Control, about 5 percent of employees do.

In fact, respirators will become necessary for workers in about 20 percent - or about 1.3 million - of establishments at some point during their job.

Think firefighters or chemical clean-up crews, to name a few.

A respirator is essentially protective gear that covers the face, nose and mouth and purifies the air of hazardous particles, such as dust, gases, vapors or possible infectious diseases.

Our Spartanburg workers compensation attorneys know that the federal Occupational Health and Safety Administration has updated guidelines for employers that require their workers to use these devices.

It's considered to be the "last line of defense" to ensure worker safety, used only if other methods of filtering the air are not feasible or haven't yet been enacted.

According to the CDC, they work in two basic ways. The first removes air contaminants and allows you to breathe through them. Other types of respirators supply a fresh supply of clean air from a separate source.

But not all of these devices are created equal, and some may not provide the proper level of protection to prevent workplace illnesses or injury in Spartanburg and elsewhere.
Respirators that are approved by the National Institute for Occupational Health and safety have been tested by government scientists for effectiveness and durability.
But the CDC is warning buyers and users to beware.

Unfortunately, there have been a number of companies that have falsely labeled their respirator products as NIOSH-approved, when the agency had in fact found a number of those models showed up to 80 percent leakage of harmful airborne chemicals and gases.

The agency admits it can be tough to differentiate from an approved product and one that isn't. The most reliable indicator is the NIOSH TC# printed on both the box and the product. It can also be verified by checking the TC number on the agency's website.
Another indicator can be if the respirator has a design on it, such as a floral print, it's probably not approved. And the agency doesn't approve surgical masks - only respirators with very specific qualities.

In addition to falsely-advertised respirator products, there are also more than 50 different brands of respirators that were once approved by the agency, but are no longer, either because of shifting industry standards or changes to the product itself. So your employer may have purchased these respirators, thinking they would provide adequate protection, but they won't.

And simply purchasing the correct product isn't enough. Under federal OSHA guidelines, employers are required to develop a written and comprehensive respiratory protection program for all workers who may need to use respirators.

These written programs have to include company procedures for:

-Selecting and maintaining respirators.

-Fit-testing the respirators.

-Training workers on the airborne hazards they face.

-Training workers on the proper use and maintenance of respirators.

-Medical evaluations for respirator use.

Continue reading "Caution Urged for North and South Carolina Employees Required to Wear Respirators" »

Some try to cure it with a jolt of java or a burst of caffeine from a saccharine energy drink.

Others simply suffer through it, watching through heavy eyelids as the hours tick by.
Sleepiness at work is something we've all no doubt experienced at some point in our lives.

Research shows, though, that just as drowsy driving puts you at higher risk for a crash (more than 100,000 accidents annually are attributed to driver fatigue), working while tired makes you - and those around you - more prone to workplace injuries and even fatalities.

Our Asheville workers compensation attorneys know that according to the Centers for Disease Control and Prevention, some employees are more likely to suffer sleep deprivation. Those include night shift workers, on-call workers and those who are required to work long or overtime hours to get the job done.

Add family responsibilities to that mix, and daily exhaustion becomes a reality.

Productivity suffers, with the CDC reporting workers who take on a 60-hour work are 20 percent less effective than those who work the standard, 40-hour week.

But such long hours can also have calamitous results for people in a wide range of industries - everyone from doctors to truck drivers.

Unfortunately, it's not uncommon.

In a struggling economy, overtime is not only increasing, it's becoming less optional.

The Bureau of Labor Statistics reported that nearly 15 million Americans work full time on evening shift, night shift, rotating shift or some other irregular schedule.

Further, U.S. employees are some of the most over-worked in the world. A 2003 report from the International Labor Office shows that work hours in the U.S. far exceeded those in Japan (on average, 70 hours more a year) and western Europe.

Some industries, like transportation, do have limits on how many hours a person can safely work before an employer is required to give them time off to rest. In fact, the U.S. Department of Transportation recently revised its guidelines for the hours truckers can work, limiting them to 70-hour work weeks (down from 82 hours) and requiring a 30-minute break every eight hours.

A recent study of truck drivers found that the severity of accidents could be diminished by making changes to the daily and weekly work week and rest patterns. When drivers were given two consecutive nights of sleep, accidents dropped sharply by 23 percent, and the average cost of each accident fell by nearly 66 percent.

While it's not always possible to request regular work hours, the National Sleep Foundation offers a number of tips you can take to improve your sleep habits and reduce your risk of workplace accidents in Asheville and elsewhere.

These include:

-When possible, maintain a regular sleep and wake time schedule, even on the weekends.

-Get into a regular, relaxing bedtime routine, like taking a long soak in the tub or listening to relaxing music.

-Make sure that were you sleep is dark, comfortable and cool.

-Invest in a comfortable mattress and pillows.

-Finish eating at least 2 to 3 hours prior to your bedtime.

-Exercise regularly, and wrap up your workout at least a few hours prior to bedtime.

-Avoid caffeine or soft drinks right before bedtime, as that will likely keep you wired and awake.

-Try to avoid alcohol prior to bedtime, as it is likely to disrupt your sleep.

Continue reading "Lack of Sleep Results in Workplace Injuries in Asheville, Nation " »

Much lip service is given to dramatic, headline-grabbing cases of workers who were injured or killed on the job.

These include bizarre incidents, like the California man who was decapitated earlier this month in a wood chipper accident.

While these cases are tragic and certainly underscore the need for employers to maintain properly functioning equipment and adhere to proper safety guidelines, those incidents are more likely to happen in the manufacturing, agriculture or construction sectors.

OSHA reports more than 4,500 workers were killed on U.S. job sites in 2010 - about 12 each day - and 20 percent of those were in the construction industry alone.

Our Winston-Salem workers compensation attorneys know that what many people don't often consider are the less sensational - but no less important - tenants of basic worker safety and health in an office setting.

According to the Centers for Disease Control, something as simple as a well-designed office can grant all workers the ability to do their jobs comfortably, minus the need for over-reaching, sitting or standing too long or using an awkward posture. For people who work all day in front of a computer screen, something as simple as taking a break hourly can make all the difference.

Scientists at the CDC regularly study ergonomics - or the science of people at work - and specifically, it's likelihood of resulting in musculoskeletal disorders. These effects may be obvious when examining a labor-intensive job in an industry, like agriculture, that requires a great deal of physical exertion. But it's less discernible in a regular office setting.

But simple solutions can be applied to help reduce possible injury and make workers less at-risk for injury. Potential office hazards include cords in the path of walkways, lower drawers left open and overhead objects that may be perilously close to falling on an employee below.

Other considerations should be given to things like non-adjustable furniture or equipment as well as how efficiently a worker can do his or her job if they are required to move too quickly or with a great deal of repetition.

Stress is also another factor - a huge one - in terms of employee health and safety. The CDC reports that a quarter of employees find their job to be stressful. And work-related stress is more commonly associated with health problems than any other life stressor, including family and financial problems. In fact, employees who report high stress levels have health care expenditures totaling 50 percent more than their more relaxed counterparts.

In addition to personal health problems, workplace stress can directly result in on-the-job injuries, because workers who feel pressured and anxious are not going to perform at their optimum level. Safety suffers.

And some workers may not even realize they are stressed.

Some early signs of workplace stress include:
-Headaches.
-Sleep disturbances.
-Difficulty concentrating.
-Short temper.
-Upset stomach.
-Job dissatisfaction.
-Low morale.

Our Winston-Salem workers compensation attorneys urge you to discuss these office-related hazards and concerns with your employer.

Continue reading "Office Safety Important for Reducing Workplace Injuries in Winston-Salem, elsewhere" »

Federal law provides employees in the Charlotte and across the country the right to report potentially hazardous conditions in the workplace without fear that their employer may retaliate by reducing hours, demoting them, creating a hostile work environment or eliminating their position.

This is especially true when those hazards have the potential to endanger the lives of the public.

This right was underscored earlier this month, when the U.S. Occupational Health and Safety Administration ordered AirTran Airways (a subsidiary of the Texas-based Southwest Airlines) to reinstate a pilot and pay him more than $1 million in back pay and interest, following a federal investigation.
Reports indicate the pilot was fired after he repeatedly pointed out concerns regarding the mechanics of a commercial plane.
Our Charlotte workers compensation attorneys understand that more than 4,500 workers were killed while on the job in 2010. That equates to about 87 each week and 12 every single day.

Many of these accidents are preventable, and happen through no fault of the victim.

Often, a Charlotte workers' compensation claim stems from the actions or inaction of a careless employer or a defective products or equipment, or even a corporate culture that has become lax about safety standards.

Workers who try to report potential violations may be covered under OSHA's federal Whistleblower Protection Program.

In this case, OSHA reports the trouble started in the summer of 2007. The pilot, who is not named in the report, was placed on administrative leave in August of that year. Following a short hearing in September, he was terminated.

OSHA discovered in its investigation that immediately prior to being placed on leave, the pilot reported a number of concerns regarding mechanical malfunctions on certain commercial airplanes - the same aircraft that each day ferried hundreds, sometimes thousands, of passengers throughout the country and beyond.

When the pilot was first removed from flight status, he complained to his employer. An internal investigation resulted in a brief hearing in September 2007 - it lasted a total of 17 minutes.

A week later, he was fired, with the airline contending the pilot didn't adequately answer questions about why his mechanical malfunction reports were increasing.

OSHA found otherwise.

In fact, the federal agency found the pilot answered all questions in a way that should have been satisfactory.

What the airline was doing, OSHA found, was acting in retaliation - a direct violation of OSHA's whistleblower protection provision of AIR21.

OSHA's Assistant Secretary, Dr. David Michaels, stressed this point, saying that all workers - but those in the airline industry especially - must be free to raise safety and security concerns. He added that companies that try to degrade those rights by intimidating their employees or acting out in retaliation have to be held accountable.

OSHA encourages employees who think they have experienced this type of retaliation to contact them so it can be investigated, and any injustices rectified.

We also encourage workers in this type of situation to consider the need for appropriate legal counsel. Large companies, like airlines, often have ready access to highly-paid attorneys who know the system, and that can be intimidating for an individual.
But you don't have to do it alone.

Continue reading "Airline Punished for Retaliating Against Safety-Conscious Pilot" »

The number of work-related accidents in North Carolina saw an increase from 2010 to 2011, reports the North Carolina Department of Labor. In 2011, there were 53 work-related fatalities in the state. There were only 50 recorded the previous year. The yearly average of work-related fatalities in North Carolina over the last five years was 53.2.

According to the most recently released statistics, there was one work-related fatality each in Watauga, Rockingham, Guilford and Ashe counties. There were three work-related fatalities during the year in Forsyth and seven workplace fatalities in 2011 in Northwest North Carolina and Triad. Wake County witnessed the most workplace fatalities - six - and was closely followed by Mecklenburg with five, according to the Winston-Salem Journal.

Our Asheville workers compensation attorneys understand that the top two causes for on-the-job fatalities were falls and being struck by an object, with 17 and 18 fatalities in 2011. These recent statistics also indicated that there were four work-related fatalities caused by heat exposure. This was the first year that a heat-related work fatality was recorded since 2006.

"The department will continue its heat stress initiative that we kicked off last year," said Cherie Berry, the state's labor commissioner. "We are urging employers and employees to recommit themselves to safety and health."

In 2011, the construction industry ranked second place for having the second-highest number of work-related fatalities with a second year of 16 fatalities. Following closely behind the construction industry were the agriculture, forestry and fishing sectors with 10 fatalities total and public utilities and transportation with six.

According to the more detailed reports of the 2011 incidents, Caucasians accounted for 30 of the 53 work-related fatalities. Hispanic workers accounted for 16 of the fatalities, African Americans accounted for six and Native American employees accounted for one. Men were overwhelmingly the victims in these cases, accounting for 52 of the 53 work-related fatalities during the year.

Now the good news: The state's Department of Labor also revealed that the injury rate has hit an overall low for the private industry. In 2009 and in 2010, the fatality rate per 100 workers was 3.1

"Any workplace death is a tragedy and of great concern because it affects so many people -- the family, co-workers, the community and our department," said Berry.

We would like to remind employees that employers have a legal obligation to provide safe work areas for all employees. The proper training, safety gear and safety requirements are to be met and executed under federal law. Employers are to minimize all hazards and risks for injury, illness and death on the job for employees throughout the country. If you feel that you're at risk for a work-related accident, talk with your employer about ways to rectify the situation. Always voice your concerns when safety is at stake.

"The real tragedy is that all of these fatalities could have been avoided by having proper safety and health training, which we provide free of charge," Berry said.

Continue reading "Fatal Work-Related Accidents in North Carolina Up from Previous Year" »

According to state authorities, a man shot and killed three of his fellow workers at the McBride Lumber Co. work site in North Carolina. After taking the lives of three of his co-workers, the angry employee died of a subsequent self-inflicted wound (a gunshot wound to the head), according to CBS News. Police officers report the man was disgruntled, but reports didn't indicate why he was upset. There were 16 workers on the job that day.

Recently, the Occupational Safety & Health Administration (OSHA) discussed the commonality of workplace violence in North Carolina and elsewhere. Workplace violence is defined as any threat or act of physical violence, intimidation, harassment or any other type of threatening disruptive behavior that happens at work. These types of incidents can range from verbal abuse to physical abuse to homicide.

Our Charlotte workers compensation lawyers understand that homicide is the fourth-leading cause of fatal on-the-job injuries in the U.S. The U.S. Bureau of Labor Statistics reports that of the more than 4,500 people who died on the job in 2010, more than 500 of the fatalities were the result of workplace homicides. Homicide is the number one cause of death among working women in the U.S.

In the workplace, these types of risks and dangers are supposed to be prevented and/or minimized by employers. Employers are required by law to take all of the necessary safety precautions to reduce the risks of work-related injuries and fatalities. One of the best ways for an employer to reduce the risks of on-the-job work violence and homicides is to enact a zero-tolerance policy. This policy should extend to cover more than workers. It should also cover contractors, visitors, clients and patients as well.

Employers are urged to frequently assess work sites. By looking at work conditions often, employers can identify ways to reduce the chances of violent acts occurring. OSHA provides a number of example work-related violence prevention programs for employers in a wide range of industries to implement on the job. These documents can be used as references to provide guidance for evaluating and controlling violence in the workplace.

According to OSHA, a thorough, well written and implemented Workplace Violence Prevention Program, along with the proper administrating controls, engineering controls and training, can help to reduce the likelihood of a workplace violence incident in all types of work industries.

Workers are asked to speak up if feeling intimidated or in danger on the job. Employees have rights that must be met on all job sites. There is no excuse for workplace violence and employers are required to minimize the risks of such devastating work incidents.

Continue reading "Police: Employee Kills North Carolina Workers before Turning Gun on Self" »