North Carolina Workers' Compensation Lawyers Blog

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" »

We frequently report how the construction industry is one of the most dangerous types of jobs and how employers who fail to protect employees from hazards in construction areas put workers who report to work at risk of severe injury or death every single day. A recent fatal construction accident in Charlotte is a reminder that worker safety must take precedent in an industry that is valued at $1 trillion.

WSOCTV reports a man was killed while taking a nose dive through a garbage chute into an industrial-sized construction bin from 3 stories up. The man fell from the roof of Pike Energy Solutions in Charlotte. He was pronounced dead at the scene as rescuers were unable to save him from life-threatening injuries. The Occupational Safety & Health Administration (OSHA) is investigating as no one knows the cause of the accident.

The Centers for Disease Control and Prevention reported over 800 construction worker deaths in 2009. One out of every five deaths at work were construction accident-related, making it the most fatal single industry nationwide. Construction workers are at risk of injuries related to heat stress, cold stress, asbestos, noise and hearing loss, electrocution, motor vehicle accidents, skin disease and large machinery accidents among others.

In order to help employers and employees prevent construction-related accidents, OSHA has released a new series of videos about the potential hazards in the construction industry. Some of the hazards included in the videos are fall accidents, struck-by accidents, trenching hazards, carbon monoxide poisoning, strain and sprain injuries and excavation hazards.

Each animated video is roughly 2 to 4 minutes in length and is available in both the Spanish and English language. The video portrays a real-life situation based on true stories that resulted in serious injury or death. The 12 videos are easily accessible by visiting the v-Tool Construction Hazards website. Users should run your mouse over hazards in a construction site picture or list, click on the hazard to load the video and watch the screen. Employers and workers can also learn actions to help prevent these types of accidents by watching each video clip.

General safety tips for construction workers include:

-Use extra caution when operating vehicles or large machinery. Be careful getting on and off and make sure the work area is hazard free while in operation.

-Request personal protection equipment to help reduce the severity of injury when an accident occurs.

-Get the necessary training before using large hand tools or power-operated equipment. Many tools or machinery can be dangerous without proper instruction on how to operate.

-Become aware of the dangers of asbestos, silica dust, combustible dust or other hidden dangers that may not be obvious to the human eye but make a work site extremely dangerous.

Construction industry employers have a responsibility to comply with all current OSHA requirements. Failing to ensure safety precautions and a safe work environment puts workers at risk and could lead to a wrongful death or workers' compensation claim in North Carolina.

Continue reading "OSHA Video Series Aimed to Reduce Injuries at Construction Sites in Charlotte, Nationwide" »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently released new educational material to help educate employers and workers on working safely in and around trenches.

Our North Carolina workers' compensation lawyers in Asheville and elsewhere know that in the construction industry, unprotected trenches kill a significant number of workers every year. In fact, since 2003 there have been hundreds of workers seriously injured in trench cave-ins and at least 200 fatalities.

A spokesperson for OSHA said the three guidance documents came from a growing concern about repeated violations regarding trench safety by employers. These documents provide a step by step approach that employers can follow in order to protect their workers. Trench cave-ins are totally preventable, no worker should suffer the fate of being crushed to death or buried alive due to an unprotected trench.

Let's take a closer look at the 3 new guidance publications:

Trenching and Excavation fact sheet reminds us that two workers die every month from a trench collapse in the United States. Any trench that is deeper than 4 feet must have some safe device for the workers to get in and out. These devices can be ladders, ramps or steps and they have to be located near the workers (within 25 feet). Trenches deeper than 5 feet must have some form of protective safety system. Trenches that are deeper than 20 feet need to have a professional engineer design the protective system. The document reviews the four different protective systems: benching, sloping, shoring and shielding.

Working Safely in Trenches is written in both English and Spanish and shows diagrams of the different cave-in protection methods. It mentions that materials used for shoring a trench can be beams, planks, hydraulic jacks and posts. And a trench box is used for the shielding method of trench protection. The document reminds workers that no equipment or excavation debris should be within 2 feet of the trenches edge. The top of ladders used in the trenches should stick out above the trench at least 3 feet. Trenches must be inspected daily especially if there has been a change in weather.

The Do Not Enter an Unprotected Trench poster shows the shocking image of two workers in an unprotected trench with the caption "An Unprotected Trench is an Early Grave." It also includes the fact that a cubic yard of dirt can weigh as much as a car.

Due to the severity of trenching hazards, OSHA performs a Special Emphasis Program on Trenching and Excavations. This program entitles compliance officers to inspect any trench they come across and remove workers from unprotected trenches immediately. Recently this happened on two different sites just prior to the trenches collapsing.

Continue reading "Trench Safety at Work Can Reduce the Number of Employee Injuries and Deaths at North Carolina Construction Sites " »

Recently, the Occupational Safety and Health Administration (OSHA) announced in a press release its joint effort with the National Institute for Occupational Safety and Health (NIOSH) in developing new guidelines for preventing nail gun injuries for those working in the construction industry.

Our North Carolina workers' compensation lawyers in Charlotte are aware that injuries from nail guns send about 37,000 workers to the hospital annually. If not used properly, nail guns can inflict fatal injuries.

Using a nail gun is a daily occurrence for residential construction workers. This tool is not hard to operate; all it takes is a pull of the trigger to discharge the nail. Most often an injury happens to the hand, inflicting structural damage to bones, joints, tendons and nerves 25 percent of the time. There have also been reports of these accidents at work causing paralysis, brain damage and blindness.

The Nail Gun Safety - A Guide for Construction Contractors has helpful information about all types of nail guns, but pays particular attention to framing nail guns because they are the most dangerous and use the biggest nails.

The most important safety feature on a nail gun is its trigger. The full sequential trigger is the safest one to have. The only way this nail gun will fire is if the safety contact tip is against the work surface and then the trigger is pulled in that order only. To fire multiple nails the safety contact tip and the trigger both must be release. This is the only trigger out of a total of four, the others being contact, single actuation and single sequential, that requires releasing both the trigger and safety contact tip in order to discharge multiple nails.

The guide reviews the risk factors that most contribute to nail gun injuries: unintended double fires or unintended nail fires when the safety contact tip is accidentally hit while the trigger is pulled, nails that pass through or ricochet off work pieces, nails that totally miss their intended target, nailing in an awkward position and bypassing safety features.

How to avoid potentially devastating nail gun injuries:
-Read the owner's manual that comes with any nail gun prior to its use.
-Wearing safety goggles/glasses are a must.
-Never touch the trigger until you are ready to fire.
-Keep co-workers out of the line of fire.
-Treat a nail gun as you would a hand gun, never point it at anyone.
-Prior to clearing a jam always disconnect the air hose.
-Make sure the safety contact tip is against the work piece prior to firing the nail gun.
-Never use bottled gas for a compressed air nail gun and never exceed the air pressure needed for the gun.
-Make sure your hands are away from the discharge tip.
-Never use the gun around flammable material.
-Nail sheathing from top to bottom in a vertical position.
-When nailing roof sheathing move from the eaves to the ridge to prevent a potential fall hazard.
-Always move forward, never backward, when nailing flat areas.
-When working above others make sure to secure the hose so the weight of it doesn't pull the nail gun down potentially hitting workers below.

Continue reading "Nail Guns a Dangerous Tool Used at North Carolina Construction Sites Injuring Workers on the Job" »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently announced its yearly inspection plan for 2011. The Site-Specific Targeting (SST) program's goal is to focus the agency's resources on highly dangerous workplaces which have demonstrated a high rate of occupational illnesses and injuries.

Our North Carolina workers' compensation lawyers in Greensboro are familiar with the SST program, but are concerned that it doesn't include construction job sites.

OSHA's SST program inspects workplaces that have at least 20 or more employees and that are not related to construction. To be identified as a high-hazard workplace, companies must have above-average rates in work-related illnesses and injuries. These rates are determined through data gathered from OSHA's 2010 Data Initiative survey.

This assessment includes 80,000 large businesses from high-hazard industries. Businesses are randomly picked for inspection from a list of at least 3,700 non-manufacturing, manufacturing, and personal care and nursing facilities. A spokesperson for OSHA feels that through these inspections, flaws in health and safety practices can be found and corrected thus making these high hazard workplaces safer.

Changes in the SST program since 2010 include the number of employees per company went from 40 to 20 and new this year is an evaluation process to see if the SST program recommendations and assistance is making a difference regarding future OSHA inspections.

OSHA additionally has a National Emphasis Program (NEP) that has a total of 14 individual programs including lead, amputations, crystalline silica, trenching/excavations, shipbreaking, covered chemical facilities process safety management, hexavalent chromium, recordkeeping, diacetyl, federal agencies, monitoring air traffic control towers, combustible dust, petroleum refinery process safety management and primary metals. The NEP does a much more in depth inspection in these areas.

OSHA also has about 140 Local and Regional Emphasis Programs (LEPs and REPs). The SST- 2011 plan can be viewed in its entirety on OSHA's website.

As the Centers for Disease Control and Prevention (CDC) points out, construction workers are engaged in many hazardous tasks, including working at elevated heights, digging ditches and trenches, working in environments with extreme noise and/or dust, using all kinds of power tools and equipment, working in close quarters/confined spaces and being near high voltage electricity.

In 2009, construction workers had the most fatal injuries of any private sector industry. Falls made up over one-third of fatal injuries in construction (34 percent). Forty-eight percent of all private industry fatal falls happened to construction workers. Transportation-related construction incidents accounted for 25 percent of fatal injuries and coming in contact with equipment or objects caused 19 percent of fatal construction injuries. Over 92,000 construction workers in 2009 suffered a non-fatal injury or illness that required time off from work. That is a rate of 4.3 incidents per 100 full-time workers.

Workers' compensation lawyers in North Carolina are concerned that the agency has skipped over one of the most dangerous industries in our state, but rather focused on a wide variety of areas in the SST program. We don't take away the importance of safety in other industries, but inspecting for safe environments at construction sites should be equally as important. If you have been injured at work, find an experienced attorney that is on your side and will help you work through the complexities of the case.

Continue reading "Work Site Safety Inspections Important in Reducing Work Injuries in Charlotte, Asheville" »

The United States Department of Labor Bureau of Labor Statistics recently stated that the employment situation remains bleak with job markets changing very little for July. Employers are continuing to make cuts wherever they can which could result in putting workers in danger at work and at high risk for a work injury in Statesville, Hickory, Greensboro or elsewhere in the state.

Asheville workers' compensation lawyers want to remind employees to pay special attention to cuts being made around you because if you feel your safety is in jeopardy you have a legitimate gripe and should pursue legal action immediately if anything happens to you.

According to BLS, the national unemployment rate held steady at 9.1. North Carolina's unemployment rate is currently at 9.9 but the downside is that only 10 other states and the District of Columbia either match or have higher unemployment rates than our state, which means we live in one of the toughest states to find a job. Industries that saw job opportunity gains in July, however, were mining (grew by 9,000), manufacturing (grew by 24,000), retail trade (added 26,000 jobs), and health care (grew by 31,000 jobs).

Sadly, BLS reports that 44.4 percent of the jobless nation has been unemployed for 27 weeks or more. This equates to about 6.2 million people nationally. Budgets are being cut at the federal, state and local government levels which mean employment gains rely mostly on the private sector to create jobs. The services sector was the only private sector that showed promise throughout the country.

With grim numbers like these reported throughout the United States, most North Carolinians feel lucky to have a job. So much so, that if something at work puts a worker in danger or at risk of injury they may turn the other cheek because they fear losing their job if they become the squeaky wheel. Workers' compensation attorneys protect workers every day from injuries that occurred from unsafe work environments. Workers have rights and deserve to be protected.

The National Safety Council offers these suggestions in hopes of maintaining a safer work environment:

• Employees should fill out perception surveys which help employers to understand where the safety risks are within an organization and work to improve so no injuries occur on the job.


• Safety management systems should be developed and explained thoroughly to all employees, especially new hires. These systems help establish a framework of processes and procedures and what is expected to reduce the risk of injury on the job.


• Consider the risks of slips, trips, falls or overexertion at your workplace and minimize by communicating to a supervisor or boss so that direct attention can be given to that area.


• Keep records of injuries and adjustments made to fix the problem so that progress can be measured and gaps can be filled over time.

Continue reading "Fear of Losing a Job Can Silence North Carolina Workers Injured at Work" »

Recently, the Department of Labor's Occupational Safety and Health Administration (OSHA) renewed its association with the Scaffold Industry Association Incorporated (SIA). The goal is to protect the health and safety of workers from falls and other hazards related to working on scaffolds.

Our workers' compensation lawyers of Charlotte know that falls are the leading cause of injuries and death among construction workers and is a frequent topic we post about on our North Carolina Workers' Compensation Lawyers Blog.

"The materials developed through our Alliance are valuable resources for training and educating workers on the hazards they can face in their jobs and how they can be prevented," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Four of the ten most frequently cited OSHA construction standards involve scaffolding, so renewing this Alliance is a great opportunity to build on our work to better protect the men and women who work on scaffolds."

The nationwide Alliance between SIA and OSHA was first signed in 2008. Since that time, jointly they have developed safety material regarding Mast Climbing Work Platforms and Transport Platforms relating to scaffold and fall hazards. Most of the safety material has been translated into Portuguese and Spanish for workers whose primary language isn't English.

Goals for this joint venture include:

-raising awareness of OSHA's enforcement and rulemaking plans
-creating new and innovative education and training programs
-performing outreach and communication activities on employee's rights and worker's responsibilities.

Both organizations will not stop emphasizing the importance of scaffold safety, including matters related to suspended scaffolding, aerial lift equipment and mast climbing scaffolding. SIA was founded in 1972 and is a national trade organization that represents the aerial lift, scaffold and access industry. Promoting safety is the goal of SIA by creating audiovisual programs, training and educational classes and codes of safe practices.

The organization has at least 1,000 member companies that include aerial platform dealers; scaffold and shoring erectors and renters; plank and platform distributors; safety and engineering consultants; government officials; aerial platform distributors and plank and platform manufacturers.

OSHA's Alliance Program assists groups who are committed to making their workplaces safer and healthier by preventing illnesses, injuries and fatalities. These groups can be trade or professional organizations, educational institutions, unions, consulates, faith- and community-based organizations and businesses. OSHA and these groups work in unison to share information with employees and employers, create compliance helping tools and resources, and teach employees and employers about their responsibilities and rights.

Even though a company is part of OSHA's Alliance Program they are not exempt from an OSHA inspection. Anyone using scaffolding needs to be trained on:

-How to access and use the scaffold components.
-How to prevent electrical hazards while on a scaffold.
-How to protect those working below the scaffold from a falling object hazard.
-Know the scaffold's load capacity.
-Know when and how to use fall protection equipment.

Continue reading "Scaffolds a Common Cause of Fall Accidents for North Carolina Workers Injured on the Job" »

We all know that working on and around stairways and ladders is dangerous and can lead to injury or death in the construction industry. That's why the Occupational Safety and Health Administration (OSHA) has many rules and safety standards that apply to all stairways and ladders used in repair, painting, decorating, alteration, demolition and construction.

A previous post on our North Carolina workers' compensation lawyers blog discussed a compliance tool published to assist employers with preventing fall-related injuries and deaths among residential construction workers. Our North Carolina workers' compensation lawyers in Gastonia are aware that falls are the primary cause of construction workers' deaths.

Employers must provide ladders and stairways when:

-There is a gap in elevation of 19 inches or more and no runway, embankment, ramp or personnel hoist is available.

-There is only a single point of access between levels that must remain clear of obstacles. If the single point of access becomes restricted, a second point of access must be provided for workers to use.

-If there are more than two points of access, employers must keep at least one point clear for easy passage.

The following rules are relevant for all ladders:

-To avoid a slipping hazard, ladders must be free of any oil or grease.

-Never load ladders above their maximum load nor above their manufacturer's rated capacity.

-Use ladders only on level and stable surfaces, unless they're secured, to prevent unintended movement.

-Never use ladders on slippery surfaces. If it must be on a slippery surface, use slip-resistant feet and secure the ladder to prevent accidental movement.

-Always secure ladders to prevent movement in high traffic areas such as doorways, passageways or driveways -- or put up a barricade to eliminate traffic and activity around the ladder.

-The top and bottom of ladders should be kept clear.

-Never shift, move or extend ladders while in use.

-When using ladders around energized electrical equipment, they should be equipped with nonconductive side rails.

-Always face the ladder when going up or down.

-When climbing a ladder, use at least one hand to hold on.

-Never carry loads or objects that could throw you off balance and cause a fall.

When ladders become unusable the following rules apply:

-Any portable or fixed ladders with structural damage must be tagged/marked defective and taken out of service immediately.

-Defective fixed ladders can be blocked by using plywood attached to several rungs indicating it is out of service.

-Before putting a damaged ladder back in service, the condition of a repaired ladder must meet its original design criteria.


The following rules apply to all stairways:
-Non-permanent stairways must have landings 22 inches wide and at least 30 inches deep.

-Stairways must be installed at least 30 degrees and not more than 50 degrees from the horizontal. Stair tread depth or riser height variations must not exceed 1/4 inch.

-Directly opening doors and gates on stairways must have a platform that extends at a minimum of 20 inches beyond their swing.

-Metal pan treads and metal pan landings must be held in place before filling.

-Protruding nails must be fixed on stairway parts.

-Slippery conditions must be corrected immediately on stairways.

-Spiral stairways cannot be used by workers unless they are a permanent part of the structure.

Employers must train all workers to identify hazards related to ladders and stairways. Every employee needs to know the potential of fall hazards on the job site, the correct procedures for assembling, maintaining and disassembling the fall protection systems, how to properly construct, use and place all stairways and ladders, and the maximum load capacities of ladders.

Continue reading "Stairways and Ladders Create High Risk of Injury for North Carolina Construction Workers" »

Work injuries from fall accidents in North Carolina can often be complex and require substantial medical care to heal properly. Employers throughout the country have a responsibility to protect workers from being injured on the job, but in most cases, they don't provide the proper safety equipment required by law to protect their employees.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has announced a three-month phase-in period for residential construction employers to comply with the agency's new directive for fall protection in the workplace. After Sept. 15, employers who fail to comply will be cited.

Statesville workers' compensation attorneys know that fall accidents occur on North Carolina work sites as often as anywhere else in the country, so call an experienced attorney to help you fight for the compensation you deserve. Don't get inundated with doctor appointments and medical bills without the help of a legal professional.

We first posted about the new directive for residential fall protection compliance in December of 2010 on our North Carolina Workers' Compensation Lawyers Blog. OSHA is offering phase-in period will begin June 16, during which employers will receive a hazard alert letter informing them of methods they can use to comply with OSHA's fall protection standard.

If an employer fails to make changes outlined by the alert letter and is later inspected and cited for the same violations, OSHA will fine the employer for the lack of attention provided for the welfare of its employees.

"We want to make sure that the residential construction industry has every opportunity to successfully come into compliance with the new directive," said assistant aecretary of Labor for Occupational Safety and Health Dr. David Michaels. "I am confident that this phase-in period will provide employers the additional time and flexibility they need to alter their work practices in accordance with the requirements of the new directive."

OSHA offers a Safety and Health Topics webpage that identifies fall hazards and possible solutions for eliminating these hazards in the workplace. Employers are encouraged to use this page as a reference for company policy when it comes to fall protection.

Employers who lack the knowledge and fail to understand the new directive for Compliance Guidance for Residential Construction from this point on are exhibiting signs of ignorance. OSHA spells it out clearly through various resources. The agency offers free resources to employers who need assistance and offer a compliance assistance specialist in most area offices.

Residential construction employers owe it to their employees to create a safe environment to reduce the number of fall accidents occurring at job sites. Anything less is a poor excuse and should result in taking legal action.

Continue reading "90-Day Partial Leniency Offered to Employers for Fall Accidents at North Carolina Job Sites" »

Our North Carolina workers' compensation lawyers in Statesville and elsewhere urge you to contact an experienced workers' compensation lawyer if you are involved in a work accident in North Carolina. Job injuries can lead to lost time from work or costly medical expenses that you can't afford. Let us relieve you of some stress by guiding you through this complex process.

Here are just a few of the many frequently-asked questions fielded by the North Carolina Industrial Commission :

-Does an employer have to provide workers' compensation coverage?

Yes, if they have three or more employees.

-What should I do if my employer does not have workers' compensation insurance?

You need to notify the NCIC Fraud Section and report that your employer does not have workers' compensation insurance or approved self-insurance.

-What should I do if I am injured on the job?

Immediately report the injury to your employer both orally and in writing.

-Who directs and provides my medical treatment?

The Commission orders your employer or its insurance company to direct and provide medical treatment. The Commission needs to approve an employee's request to change doctors prior to the change. Payments to the doctor are not guaranteed unless written permission to change physicians is obtained.

-What are the Chiropractic Rules?

Your employer can give you permission to go to a chiropractor up to 20 times for medical treatment. If more appointments are needed, your employer needs to approve them first.

-When am I eligible for lost wage compensation?

No compensation is paid for the first seven days unless the disability lasts longer than 21 days. If the disability does last longer than 21 days, then compensation for the first seven days are paid.

-How often are benefit payments made and at what rate of pay?

Usually payments are made on a weekly basis but the Commission can approve monthly payments. The rate of pay is about 67 percent of your weekly pay. For 2009, the maximum weekly pay was $816, which is adjusted annually.

-How long can I receive lost-time weekly benefits?

Current law stipulates until you are able to return to work.

-What is permanent partial disability and who determines it?

Partial or total loss of use of a member of the body or the lack of ability to earn what you did prior to the injury. The Commission decides with the assistance from the impairment ratings of doctors or proof of wage earning capacity.

-What happens if my employer refuses to acknowledge the claim?

When liability for payment of compensation is denied, the claimant, their attorney, the Commission and all health care providers will be notified of the reason for the denial. The denial form must explain in detail the exact reason for the denial of liability. You can file a "Request for Hearing" form if your claim was denied by the insurance company. You may be required to pay medical bills if the claim was deemed a non-compensable workers' compensation claim.

Injured or disabled workers should always seek the help of a legal professional if your claim is denied. Workers' compensation attorneys will fight for your rights and get you the compensation you deserve.

Continue reading "North Carolina Workers Injured on the Job Get Answers to Frequently Asked Questions" »

A new compliance assistance tool recently published by the Occupational Safety and Health Administration (OSHA) will help employers prevent fall-related deaths and injuries among residential construction workers.

Our North Carolina workers' compensation lawyers in Greensboro know that falls are the leading cause of construction workers' deaths. Raising workplace safety awareness is a good way of reducing North Carolina work-related injuries.

OSHA uses many formats to offer assistance and information to the residential construction industry. Previously, OSHA had an interim directive that let residential builders bypass fall protection requirements, but late last year that interim directive was withdrawn. Starting June 16, residential construction employers will comply with the same standard other construction employers use.

"We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths. Fatalities from falls are the number one cause of workplace deaths in construction," says Dr. David Michaels, assistant secretary of labor for OSHA.

The new directives state that all employers have to protect their workers in residential construction 6 feet or higher. These systems include safety nets, guardrail systems or personal fall arrest systems. Other fall protection is allowed under special circumstance where conventional methods can't be used.

Employers are required to train their workers on how to recognize and avoid unsafe conditions. Fall protection training must include how to minimize and recognize fall hazards, the proper way to use fall protection systems and how to inspect fall protection systems. All training must be documented and kept up to date. There also needs to be a plan in place for retraining employees.

The three types of conventional fall arrest systems include:

-Guardrail systems, also known as "passive fall protection." This means no action by the employee is necessary for it to work. Toe boards are also required if there is potential for objects to fall on workers below.

-Safety nets are not frequently used in residential construction but they are also a "passive fall protection" system. When they are in position, the workers don't have to do anything with the system to be safe. Maintenance, installation and adjustments of the nets should only be done by trained people. If safety nets are used, they have to be positioned as close as possible under the working surface of the employees. They need to have sufficient clearance under them to prevent contacting the surface below. And they need to be drop tested or certified.

-A Personal Fall Arrest System has three main components: the anchorage point must be able to support at least 5,000 pounds per worker attached, the body harness will distribute the force throughout the torso during a fall and lanyards must have a breaking point of more than 5,000 pounds or connectors should be locking type snap hooks.

The slide presentation can be found on OSHA's Residential Fall Protection website.

Continue reading "Government Shows Employers How to Prevent North Carolina Fall Accidents" »

This week, the House floor will vote on a revamped compromise bill to overhaul the state workers' compensation system, the News Observer is reporting. Lawmakers voted to pass the "Protecting and Putting North Carolina Back To Work Act" on second reading by a vote of 106-8.

Our Charlotte workers' compensation lawyers know the House committee passed the measure last week after a long-awaited decision and the final vote is scheduled for this week. The revised bill is a victory for Carolina families that prevented big businesses from winning a cap on benefits.


To recap, the original bill would have done the following:

-Insurance companies and defense lawyers could discuss your case with your doctor without your permission or your attorney knowing about it.

-If the insurance company thinks you are "failing to cooperate," your total disability benefits could be cut off.

-You would have no choice in what doctor you go to.

-Total and permanent disability benefits would end at 500 weeks (there are some extreme exceptions).

The most controversial part of the original bill would have stopped income benefits for most workers at 500 weeks, which is just under 10 years - except for the most severe cases, such as a worker's loss of both hands or paralysis. The cap still stands under the revised bill, but new exceptions have been made.

"Many may feel that the bill does not go far enough to reduce costs and others will feel the provisions fall short of protecting the interests of injured workers, but in times such as these all sides made compromises, and overall we feel the changes preserve the backbone of our workers' compensation system that pays fair compensation to injured workers at a reasonable cost to the employers," said Dick Taylor of the lawyers' group.

Under the revised bill, workers would be able to qualify for extended compensation as long as they can prove that they have "sustained a total loss of wage earning capacity."

"The N.C. Chamber fought hard and won major concessions, and yet the common ground preserved in the consensus bill allows North Carolinians to retain a fair workers' compensation system," said workers' compensation attorney Gina Cammarano, a former special deputy commissioner at the North Carolina Industrial Commission.

Continue reading "Long-Awaited Benefits Decision Favors Families of North Carolina Workers Injured on the Job" »

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" »

The U.S. Department of Labor's Occupational Safety and Health Administration has announced new rules for the use of cranes and derricks in construction, replacing decades-old standards that critics contend were antiquated and did not afford construction crews the proper protection.

North Carolina construction accidents frequently involve cranes, derricks or other heavy equipment. Falls or being struck by heavy objects are also leading causes of work accidents and North Carolina workers' compensation claims.

Nationwide, about 267,000 construction and crane companies will be impacted and 4.8 million workers will be affected by the new rules.

"The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking," said Secretary of Labor Hilda L. Solis. "After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning."

The previous rules date back to 1971 and were based on 40-year-old standards.

"The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners."

The new rules are designed to prevent the leading causes of fatal accidents, including electrocution, being struck or crushed by objects, and collapsing or overturning cranes.

The complete federal Cranes and Derricks Standards is available here.

Continue reading "New Crane and Derrick rules aim to reduce risk of North Carolina construction accidents" »