North Carolina Workers' Compensation Lawyers Blog

Workers throughout the country now have a better way to stay protected from hazardous chemicals on the job and to help to minimize their risks for a chemical-related work accident in Asheville and elsewhere. Recently, the Occupational Safety and Health Administration (OSHA) announced that it had revised its Hazard Communication Standard. Now, the standard aligns with the global chemical labeling system from the United Nations. Officials believe that this new standard will be able to save the lives of nearly 45 workers every year. In addition, the standard should help to produce more than $475 million in enhanced productivity for U.S. companies every year. It's a win-win for everyone.

"Exposure to hazardous chemicals is one of the most serious dangers facing American workers," said Hilda L. Solis, Secretary of Labor.

Our North Carolina workers' compensation lawyers understand that these new revisions have the potential to help to improve the consistency, the quality and the clarity of hazard information for employees working with these dangerous materials. The most important part of working with hazardous chemicals is staying informed about the dangers of these materials and knowing how to reduce the risks of injuries and illnesses. Now, employees who work with the dangerous chemicals will be safer and will have an easier time staying competitive in the global marketplace.

The newly revised Hazard Communication Standard will take effect later in 2016. Officials with OSHA believe that this new version of the standard will help to eliminate the confusion regarding dangerous chemicals in the workplace, will help to improve the understanding of such dangers, and will help to facilitate safety training programs. The main focus of these programs will also be targeting low literacy workers.

Now chemicals will be classified based on their physical and health hazards. They will be classified in a way that is consistent with the labels and data sheets for chemicals that are handled in the country as well as ones that are imported from around the world.

In addition to the lives that the new revision is expected to save, officials are estimating that nearly 600 injuries and illnesses can be prevented every year. With the new revisions, officials say, trade barriers will be reduced and American companies will be able to have a cost savings of more than $32 million. This cost savings should come from less need to update labels and data sheets. The new standards come with a more efficient labeling system.

Dr. David Michaels with the Occupational Safety and Health says that the old standard only gave employees the right to know about such dangers and risks associated with such chemicals. The new standard is working to help them to understand these dangers. Clearly, understanding is much more beneficial than just knowing. Understanding is one of the keys in keeping workplaces safe!

Continue reading "Work Accidents in Asheville and Elsewhere Targeted by Revised Hazard Communication Standard" »

Recently on our North Carolina Workers Compensation Lawyers Blog, we discussed the alliance between the Occupational Safety and Health Administration and the American Pipeline Contractors Association (APCA). This alliance was renewed for another two years to help to reduce the risks of work accidents involving trenching, excavation, hydrostatic trenching and equipment operations.

Well, OSHA is at it again. The administration recently announced yet another renewed alliance to help to reduce the risks of work-related accidents in Asheville and elsewhere. This recent announcement expands the alliance between OSHA and the Society for Chemical Hazard Communication (SCHC). This continued alliance is being used to help raise awareness and education, as well as to provide safety tips to help reduce the risks of work-related injuries regarding the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Our Asheville workers compensation lawyers understand that there are more than 30 million employees across the nation who are exposed to nearly 700,000 hazardous chemical products. According to Assistant Secretary of Labor for Occupational Safety and Health David Michaels, the renewed alliance is going to help make sure that employees are knowledgeable about the chemicals present at their work site, the dangers those chemicals present, and how to prevent accidents and injuries regarding these dangerous chemicals.

The renewed alliance between OSHA and the SCHC will go on strong for another two years. These two will be sharing information on OSHA's Regulatory Agenda, National Emphasis Programs and participating in the rule-making process. In addition, the alliance will be creating informational sheets regarding the physical and health hazards of certain chemicals and the elements of the GHS label complaint. This information will be shared through webinars, industry meetings, presentations, and national health and safety conferences. Most importantly, the alliance will be helping to inform workers about the most effective practices to help prevent injuries and illnesses from dangerous chemicals.

Currently, the SCHC represents about 500 professionals within the chemical hazard communication industry. These individuals work diligently on raising awareness about new technology, developments and safety measures within hazard communications.
The SCHC includes faith- and community-based organizations, trade and professional organizations, unions, educational institutions, consulates, businesses and others. Those within the alliance program do not receive any exemptions from OSHA's programmed inspections.

OSHA's Hazard Communication Standard (HCS) currently requires dangerous products and chemicals to visibly provide information identifying these materials. The following must be completed to help protect workers:

-Chemical importers and manufacturers must evaluate the hazards of the chemicals that they manufacture and import.

-Manufacturers much create and display labels and material safety data sheets (MSDS) to communicate the hazard information to their downstream customers.

-All hazardous chemicals in the work area must have labels and must have MSDSs to convey dangers to exposed workers. These exposed workers must be trained properly to handle these chemicals safely.

Continue reading "Chemical-Related Work Accidents in Asheville and Elsewhere Targeted Under Renewed Alliance" »

In 2009, the Occupational Safety & Health Administration (OSHA) implemented a pilot National Emphasis Program meant to deter facilities from releasing hazardous chemicals that could cause an explosion or fire, putting workers at risk of long-term illnesses from work-related accidents in North Carolina and nationwide.

In many industrial work environments, there are a variety of dangerous substances and chemicals that can cause long-term health effects. Hickory workers' compensation attorneys understand that the detriments to a worker's health conditions often rely on factors such as the type of chemical, the amount or dose of exposure, the length of time or duration that the exposure occurred, and the number of times exposure to the substance occurred.

In a recent release, OSHA announced a new National Emphasis Program (NEP) for chemical facilities that replaces the old one. OSHA inspectors will now be able to visit chemical facilities nationwide to ensure proper measures are being taken to prevent worker illnesses and deaths related to chemical or toxin exposure. The NEP gives OSHA inspectors a detailed explanation of procedures and policies to follow when they are in the process of inspecting a site. Inspectors should ask detailed questions in order to gather facts and demand verification that employers are consistently following OSHA's process safety management (PSM) standard. Facilities will be randomly selected from a list of work sites that are proposed to have highly hazardous chemicals in the work environment.

Even if a work facility isn't prone to a release of chemical hazards, many work environments can be deemed dangerous for toxins or other hazardous substances that can affect a worker's health. The United States Environmental Protection Agency offers the following general safe practices to all employers in any industry:

-Provide workers with respirators designed to keep dust inhalation to a minimum.

-Workers should use nonhazardous cleaning solutions to clean hands and arms or other body parts after a dirty job.

-Train all employees to make sure containers with hazardous substances are sealed at all times.

-Employees should be instructed to wear protective equipment like gloves, overalls, or eye protection when exposure to chemicals or hazardous substances is possible.

-Have waste products removed from a work environment immediately.

-Develop a safety plan to prevent employees from being exposed. All exposures must be documented and kept on record.

-Evaluate the safety of a work environment routinely. Take note of procedures that seem to be working and make changes when accidents are occurring on the clock.

One accident is too many. Employers must take the initiative to prevent chemical exposure for all employees by training all workers about safe practices while performing work tasks. Waiting until an employee is exposed may be too late to save them from a life-changing and long-lasting illness that can lead to an early death.

Continue reading "Exposure to Hazardous Chemicals Puts Workers at Risk of Suffering Long-Term Health Issues in Statesville, Elsewhere" »

In a previous post on our North Carolina Workers' Compensation Blog we reported that social service and healthcare workers were injured more than construction or manufacturing workers last year, according to the Bureau of Labor Statistics' 2010 Occupational Injuries and Illnesses report.

Charlotte workers' compensation attorneys are trying to understand why the incidence rate increased by 6 percent in the healthcare industry last year when it seems as though jobs in the industry are the first to be cut by state officials. Perhaps it is because employees are being required to work longer hours, perform more job duties, and take on more taxing responsibilities.

The Occupational Safety & Health Administration intends to respond by launching a new National Emphasis Program. The initiative will provide more inspections of nursing home and residential care facilities with regard to the many hazards workers face in these types of work environments. Handling or lifting residents, workplace violence, exposure to infectious diseases or blood-borne pathogens, and trips and falls are common causes of injuries for nurses or healthcare workers in long-term or residential care facilities.

In a recent statement, Assistant Secretary for the Occupational Safety & Health Administration, Dr. David Michaels, expressed concern for the increase in reported healthcare worker injuries and illnesses

"It is unacceptable that the workers who have dedicated their lives to caring for our loved ones when they are sick are the very same workers who face the highest risk of work-related injury and illness," Michaels said.

With more than 12 million workers employed in health care, it is the second fastest growing sector in the U.S. Last year there were 2.5 times more healthcare work injury incidences than all private and public sector workers -- 283 cases per 10,000 full-time employees compared to 118, respectively. The rate of incidence for nursing aides, attendants and orderlies increased by 7 percent last year, or 489 cases per 10,000 employees. Another reason healthcare work injuries in Asheville and statewide occur may be because females account for 80 percent of the work force. Musculoskeletal disorder cases rose 10 percent nationwide for attendants, aides and orderlies due to the tremendous strain caused by lifting and moving patients around. With so many females performing these types of tasks, the increased incidence rate seems understandable.

Nursing Assistant Education offers the following back-injury preventable tips to healthcare workers:

-Don't be afraid to ask a co-worker for help if you need help lifting a patient.

-Communicate with the patient what you will be doing so that he or she can assist with movement. Even the slightest assistance with movement can help take strain off the lower back.

-Keep your body close to the patients rather than bending over to reach for them before you lift.

-Use your legs rather than bend your upper body. Keep your back perpendicular to the floor.

-If a mechanical lifting device is available, use it.

-Place your feet at least shoulder width apart for support while using the long and strong muscles in your legs for strength.

-Move patients smoothly by making sure you have a firm hold or grip on them before you start your motion.

Continue reading "OSHA to Improve Workers' Safety and Health at Asheville Nursing Homes, Nationwide" »

Tenneco Automotive Operating Company's manufacturing facility located in neighboring Georgia has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for 20 health and safety violations. Many of the violations involve hexavalent chromium exposure. The proposed monetary penalty is $90,000.

Our North Carolina workers' compensation lawyers in Greensboro know that exposure to hexavalent chromium can cause damage to the lungs, nose and throat and have lifelong effects on a worker's quality of life.

Hexavalent chromium is a metallic form of chromium that is a naturally occurring element found in various objects like soil, plants, rocks, volcanic dust and gases. There are many industrial applications that use hexavalent chromium including leather processing, welding stainless steel, arc welding, painting, electroplating, grinding stainless steel, textile dying, wood preservation and chrome finishing.

A spokesperson for OSHA commented that violations regarding hexavalent chromium exposure are inexcusable due to the abundance of information available to employers.

In May 2010, OSHA started enforcing new standards for hexavalent chromium, which require engineering controls for anyone working with hexavalent chromium. The most important change in the new standard involves workers' exposure limit. The old standard had an exposure limit of 52 micrograms per cubic meter on an 8-hour time-weighted average. The new standard has an exposure limit (PEL) of 5 micrograms per cubic meter. It is vital to limit employee exposure limits because hexavalent chromium is a known carcinogen when inhaled.

Safety equipment needed to protect workers from hexavalent chromium can include respirators, fume extractors, goggles and safety clothing. It is recommended that employers have a separate area for employees to store and change their protective clothing and provide them access to a clean air supply before leaving the workplace

Seventeen serious violations were cited. Serious violations are defined as those with a significant probability that a worker could die or become seriously ill or injured from the hazard that the employer knew or should have been aware. Seven of these violations involved hexavalent chromium including:

-Failing to avoid exposure above OSHA's allowed exposure limits.

-Not having a plan on how to limit exposure time.

-Not giving workers a separate storage/changing area for personal protective equipment.

-Failing to discuss with a doctor about chromium exposures.

-Not having an eyewash area.

-Not providing clean work area surfaces free from chromium particles.

-Not providing sealed containers for disposal of waste.

The other serious violations involved entering confined spaces, lockout/tag-out procedures and lack of safety guards and covers on machines and electric panels.

Violations that resulted in no financial penalty included a lack of confined space training, improper mounting of switch boxes and outlets, and a blocked electrical disconnect.

For more information on hexavalent chromium , visit OSHA's website.

Continue reading "North Carolina Welders Exposed to Hexavalent Chromium at Risk of Nose, Throat and Lung Damage" »

The Occupational Safety and Health Administration (OSHA) recently released new educational materials designed to assist lab managers in protecting workers from biological and chemical exposures.

Our North Carolina workers' compensation lawyers in Charlotte know that working in a lab is a dangerous place for the more than 500,000 workers in the U.S.

Part of the new material includes the Laboratory Safety Guidance manual, which goes into great detail on how to eliminate or reduce hazards like fires, falls and explosions. The manual explains if employers use methods such as the use of personal protective equipment, engineering controls, safety plans and worker training, workplace hazards can be significantly reduced. Fact sheets were designed to spotlight particular hazards related to the laboratory workplace. Precautions and protocols to protect lab workers include safety guidelines for working with autoclaves, latex exposure, using a chemical fume hoods and transferring and labeling chemicals.

During the past few years there have been quite a few labs where workers died or were injured from equipment, explosions and fires. A spokesperson for OSHA acknowledges that lab workers are exposed to numerous hazards throughout their work day. Creating these materials is an effort to further educate employers to make the laboratory environment as safe and as healthy as possible.

OSHA worked with the National Academies on writing this new educational material. Their manual Prudent Practices in the Laboratory is considered the gold standard regarding dealing with chemical hazards.

Here is some QuickFact card info:

-Permanent Container Labels

All hazardous substances must be in a container that must have the following on the label: the manufacturer name and address, the chemicals name, a hazard warning that can be in the form of words, symbols or pictures, and the label must be legibly written in English.

-Transferring Container Labels

A label (as described above) must be placed on any secondary container if: the worker who transferred the chemical to the secondary container goes off shift or leaves his or her work area or the container leaves its original work area. The only time a secondary container doesn't need a label is when the person who did the transfer uses up all the chemicals in the secondary container during a work shift.

-Autoclaves

To avoid injuries when using autoclaves make sure the door is locked before starting, don't remove items until they are cool or use an oven mitt. Don't handle the sharp ends of instruments unless you are wearing steel mesh gloves or using forceps or other tool.

-Latex

If you experience any of the following you might be allergic to latex: rash, difficulty breathing, wheezing or irritation to the sinuses, nose and eyes. Using latex-free gloves is best if you develop these symptoms.

For additional information on laboratory standards, visit OSHA's website .

Continue reading "Charlotte Lab Workers in Danger of Daily Exposure to Hazardous Chemicals or Toxins " »

Two Florida manufacturers and two distributors based in Florida have been cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for allegedly failing to guard their workers from potential formaldehyde contact and not communicating with product users on the dangers of coming into contact with formaldehyde. The companies face proposed fines of $49,200.

Our North Carolina workers' compensation lawyers in Asheville reported back in May on our North Carolina Workers' Compensation Lawyers Blog about the dangers of working with formaldehyde. Exposure to the skin, lungs, and eyes can cause detrimental effects to a worker's health and should be medically attended right away.

A spokeswoman for OSHA says that employers have the responsibility to inform workers of the dangers associated with using and producing hair products containing formaldehyde. If workers must be around products that contain formaldehyde then the following safety measures must be implemented to ensure the safety of all employees: staff training, proper ventilation, air quality monitoring and provide personal protective equipment.

A division of the Occupational Safety and Health Administration in Oregon got in touch with Florida's OSHA office after officials had tested in excess of 100 merchandise samples at 50 beauty salons that use hair straightening or smoothing products. Products found to be causing formaldehyde exposure were then linked to the Florida distributors and manufacturers. Formaldehyde is associated with cancer and can cause irritation to nose and eyes with wheezing and coughing. It can also cause rashes, asthma and itching.

M&M International Incorporated located in Delray Beach and Copomon Enterprises in Boca Raton have both been penalized for $12,600 and each company was issued three serious violations which include: not ensuring that the material safety data sheets (MSDS) listed formaldehyde as an ingredient, communicating the dangers associated with exposure to formaldehyde and not providing for their workers a documented hazard communication plan.

A manufacturer in Orlando, Pro Skin Solutions Incorporated, which makes hair straightening products that are keratin-based, was fined $15,000 for 5 serious violations. The penalties cited were for not having a documented respiratory safety plan; there was no emergency eyewash location; they had no hazard communication program or any type of protocols to protect workers in an emergency situation.

The company failed to deal with formaldehyde inhalation and exposure dangers on the MSDS for merchandise containing formaldehyde. Additional violations included not keeping air sample records and not having written protocols for assessing chemical hazards. In Coral Springs, Keratronics Incorporated also a producer of hair straightening products that are keratin-based was fined $9,000 for similar violations to Pro Skin Solutions.

OSHA standards require all distributers, importers and manufacturers to clearly identify formaldehyde, either a solution or gas form, on any merchandise that has in excess of 0.1 percent formaldehyde. The products which contain MSDS must list formaldehyde as an ingredient and clarify why the formaldehyde is dangerous, what harm/damage it can do, how to protect you from harm and what should be done in the event of an emergency.

A hazard alert was issued by Federal OSHA previously warning hair salon employees and owners about possible formaldehyde exposure risks.

Continue reading "North Carolina Employees Coming into Contact with Formaldehyde Can Suffer Long Term Health Effects" »

The Sealant, Waterproofing and Restoration Institute (SWR Institute) and the Occupational Safety and Health Administration have renewed their alliance that strives to decrease exposures to industry hazards by its workers, according to a recent OSHA press release.

Our workers' compensation attorneys in Greensboro and elsewhere know that OSHA's Alliance Program works with groups and organizations with a strong desire to prevent and reduce workplace illnesses and injuries.

The program increases the knowledge of both employer and employee on how to identify and correct potential workplace hazards.

"The compliance assistance materials created through this Alliance are good sources of safety and health information for employers and workers in the sealant, waterproofing and restoration industry," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "I expect the materials generated through the continuation of the Alliance to further assist employers and workers in recognizing and preventing hazardous working conditions."

Through the Alliance program, OSHA and the SWR Institute have created a safety and health field manual. This manual enables employers to recognize and eliminate workplace hazards related to the sealant and waterproofing industry including excavation and trenching, fall protection, aerial and scissor lift and respiratory protection.

The SWR Institute has over 10,000 members from more than 230 commercial manufacturers, contractors and consultants of sealant, waterproofing and restoration products. With a two-year extension, the Alliance program will continue advancement in workplace health and safety for SWR Institute members and anyone associated with the sealant, waterproofing, and restoration industry.

An interesting section in the field manual includes the disease Histoplasmosis, which is a fungus caused by bat and bird droppings. When a concentrated area of droppings is disturbed the fungus produces spores that become airborne and can be inhaled by nearby workers.

Not only can restorers of historic or abandoned buildings be exposed to this danger so can construction workers, bridge inspectors or painters, demolition workers, roofers and heating and air-conditioning system installers. Histoplasmosis causes a treatable lung infection but it can be fatal if the infection spreads.

To avoid getting histoplasmosis: -Protect yourself from the dust of contaminated soil.

-Don't disturb accumulated areas of bat or bird droppings until the contaminated areas have been abated.
-Wear the proper personal protective equipment when working in high-risk areas.

Respirator use would be necessary to protect the health of workers in high-risk areas. Your employer must have an established respiratory protection program with jobsite-specific procedures that include:

• How to select the proper respirators for use at the jobsite.
• Any employee that might use a respirator needs a medical exam.
• How to fit test the respirator and how to use it in an emergency situation.
• Protocols for cleaning, storing, inspecting and maintaining the respirator.
• Tell workers the respiratory hazards that exist on the jobsite.
• Instruct workers on the use and limitations of a respirator.
• Workers should be instructed on what respirator to use for each hazard that is present.
• Employers need to evaluate respiratory procedures on a regular basis.

Continue reading "Histoplasmosis, An Outdoor Jobs Illness in North Carolina Can Lead to Workers' Comp Claims" »

A Columbia, South Carolina real estate company has been ordered to pay more than $50,000 and reinstate and employee who was wrongfully fired for raising concerns about asbestos exposure at one of the company's condominium projects.

Our Carolina work injury lawyers understand the inherent danger present when workers are exposed to asbestos in North Carolina or South Carolina. The deadly material once used in construction has been linked to cancer and other health problems, including mesothelioma. As we reported recently on our North Carolina Workers' Compensation Lawyers Blog, one of the challenges of proving cases involving exposure to hazardous chemicals in the workplace is the years or decades that often pass between an exposure event and a serious or fatal injury.

In this case, the Occupational Safety & Health Administration reports the worker understood the dangers and expressed concerns to management and to two state agencies.

"OSHA is very serious about protecting America's workforce," said Cindy A. Coe, OSHA's regional administrator. "Employers found in violation of the whistleblower protection provisions of the Clean Air Act or any of the 20 whistleblower laws we enforce will be held fully accountable."

Based on the employee's complaint, the South Carolina Occupational Safety and Health Administration and the South Carolina Department of Health and Environmental Control investigated and found CMM Realty in violation of asbestos control standards.

The company was ordered to pay back wages of more than $50,000, plus interest and $16,222 in compensatory damages. It must also reinstate the worker.

Continue reading "Carolina company found in violation of work-safety rules involving asbestos exposure" »

A recent forum held by the Occupational Safety & Health Administration highlighted the risks exposure to hazardous chemicals and substances play when in comes to a serious or fatal North Carolina work accident.

Our North Carolina workers compensation attorneys understand the many factors involved in representing employees harmed by chemical exposure. Sometimes, there is an immediate health crisis, sparked by a spill or exposure in the workplace. But in many other instances it is the cumulative exposure over years or even decades that can cause serious health problems.

The Bureau of Labor Statistics reports that 390 employees were killed last year in work accidents resulting from exposure to harmful substances or environments. Another 113 died in fires or explosions. Nine fatal North Carolina work accidents resulted from harmful exposure and another nine from fire or explosion. South Carolina work accidents involving harmful exposure also resulted in 9 deaths.

But the government estimates that more than 55,000 are injured each year due to chemical exposure and more than 17,000 of such accidents will result in lost time away from work.

Perhaps most alarmingly, most of OSHA's permissible exposure limits (PELs) were established when the government safety agency was founded a half-century ago. More protective regulations have been established for only 29 chemicals.

"Many of our permissible exposure limits are based on 1950s-era science that we now realize is inadequate to protect workers in 21st century workplaces," said Assistant Secretary of Labor for OSHA David Michaels. "We must assure the protection of workers currently exposed to well-recognized chemical hazards for which we have an inadequate PEL or no PEL at all. I am hopeful that this forum will assist us in achieving that goal by helping us to identify those chemicals on which we should be focusing our efforts."

Continue reading "Hazardous chemicals a common cause of North Carolina work accidents" »

Employees who handle hazardous chemicals in North Carolina have specific rights to know the potential health consequences of the chemicals and employers have an obligation to ensure workplace safety for those handling hazardous or dangerous chemicals.

Our North Carolina workers' compensation attorneys encourage employees to understand what they are using on the job. Exposure to dangerous chemicals while on the job can quietly cause serious or fatal health risks.

North Carolina's Hazardous Chemicals Right to Know Act requires all employers who "manufacture, process, use, store, or produce" hazardous chemicals in quantities of 55 gallons or more (or 500 pounds or more) to maintain a list and provide Material Safety Data Sheets.

Material Safety Data Sheets will provide information about a substances' explosion or fire risks as well as its known health risks. The Centers for Disease Control and Prevention also offers a pocket guide to hazardous chemicals.

In addition to federal regulations, the U.S. Department of Labor reports that North Carolina has additional guidelines with which businesses must comply when it comes to dealing with hazardous materials or toxic and hazardous substances.

The government recognizes nine forms of hazardous materials:

-Explosives
-Gases
-Flammable liquids
-Flammable solids
-Oxidizing agents and organic peroxides
-Toxic and infectious substances
-Radioactive substances
-Corrosive substances
-Miscellaneous

An employee may get sick and never equate the illness with exposure to dangerous chemicals at work. In many cases, cancers and respiratory diseases have been linked to dangerous chemicals or substances employees were exposed to over a period of years, or even decades, in the workplace. The use of asbestos and its link to mesothelioma is just one high-profile example.

Continue reading "North Carolina work accidents can result from exposure to hazardous chemicals" »