North Carolina Workers' Compensation Lawyers Blog

The recent cold snap brings to mind accidents and injuries that can be caused by winter weather, as well as the responsibilities of employers and the rights of employees when it comes to winter work accidents in Charlotte and throughout the Carolinas.

You don't have to be in Alaska to be at risk of serious or fatal work accidents caused by winter weather. In fact, workers in warmer climates may be more at risk -- because they are less able to deal with the cold, because they have less experience dealing with the risks, and because they work for companies or in facilities that lack the proper knowledge and equipment to deal with snow, ice, wind and freezing temperatures. Already this year, as far south as Naples Florida, emergency shelters have been opened to deal with temperatures that have dipped into the 40s.

Our Charlotte workers' compensation attorneys understand that knowledge is the first step toward a safe workplace:

Top causes of work accident in winter weather include:

-Transportation accidents
-Fall Accidents
-Carbon Monoxide poisoning
-Frostbite, hypothermia, dehydration
-Snow removal injuries, including heart attack and back injuries
-Electrocution from downed power lines.
-Injuries associated with collapsing roofs and other structures under the weight of ice and snow.
-Injuries caused by falling ice and snow.
-Machine injuries, including lacerations and amputations.

The Centers for Disease Control and Prevention reports cold stress is a leading cause of injuries in the winter months, including hypothermia, frostbite, trench foot and chiblains. Some of these conditions can occur in wet conditions with temperatures as warm as 60 degrees.

To help prevent Carolina employee injuries, employers should:

-Schedule outdoor maintenance tasks for warmer months or warmer parts of the day.

-Allow for plenty of breaks in a warm area.

-Provide plenty of liquid and looks for signs of dehydration or fatigue.

-Reduce workload.

-Provide cold-stress training that emphasizes risks, prevention, symptoms, treatment, co-monitoring and the importance of protective equipment.

For their part, an employee can help reduce risks by wearing loose, layered clothing that provides for various degrees of warmth without restricting movement or blood flow; and by wearing appropriate boots, gloves, hats and other protective gear. Keep a close eye on co-workers, get plenty of rest and drink plenty of liquids.

And it's not just those who are outside who are at risk. Workers are also at risk in metal fabricated buildings and other facilities that lack proper insulation. Carbon monoxide poisoning is another risk factor. Heating equipment should be properly serviced and inspected. Extra caution should be used when utilizing temporary heating devices such as kerosene heaters.

Thermometers, smoke detectors and carbon monoxide detectors should be installed, tested and maintained in proper working order. By utilizing the proper equipment, ensuring that employees have the proper training, and wearing the proper attire, we can all stay safe this winter and reduce our risk of suffering an accident related to cold winter weather. Please do your part to keep the workplace safe this winter!

Continue reading "Cold Weather Presents Risks for Carolina Work Injuries " »

A recent fire truck accident in North Carolina is a prime example of how firefighters and police officers not only put their lives on the line while performing their duties, but are also at risk of transportation accidents causing injury on the way to or from a rescue or pursuit.

Firehouse.com reports that two volunteer firefighters were injured in an accident while returning from a call in Gaston County. A motorist driving a silver pickup truck ran a red light and crashed into the fire truck. Local authorities reported they were taken to a hospital.

Our Charlotte Workers' Compensation attorneys know that workers who respond to emergency situations are at risk of an injury or death because the situation is dire and requires a fast-paced response. When rescue workers, law enforcement officials and first responders are responding to an emergency call, flashing lights and emergency sirens aren't always enough to keep them from being involved in an accident.

We recently posted on our North Carolina Workers' Compensation Lawyers Blog that transportation incidents were a common cause of death for workers in the U.S. in 2009. North Carolina reported 51 occupational deaths related to transportation in 2009.

The National Fire Protection Association reported 11 firefighters were killed nationwide in 2010 in vehicle-related accidents. In addition, there were four deaths caused by a firefighter being struck and killed by a passing vehicle. Some of the incidents occurred in personal vehicles while responding to a call but others involved sirens and flashing lights on emergency vehicles.

A fire truck driver has a tremendous amount of responsibility in getting a team of firefighters to the rescue site in a safe and timely manner. Fire departments have a responsibility to train employees how to drive 70,000 pound rigs in emergency situations and sometimes in adverse conditions to arrive safely at a rescue mission. According to Fire Rescue 1, there are three types of fire rescue drivers.

The first is a driver who takes every necessary precaution to make sure workers and equipment get to the rescue site safely, this includes waiting for everyone to fasten their seat belts. These drivers are knowledgeable and skilled and go about their driving in a calm and professional manner.

The second type of fire truck driver gets into a tunnel vision while sometimes putting the safety of his or her riders at risk of an accident. They get caught up in the moment in trying to get to the scene as quickly as possible.

The last type of driver thinks they are the ultimate driver who can handle any driving situation with ease, including speeding to the scene, dodging motorists who don't move over, or who don't consider weather conditions. Not only are crew members at risk but motorists, pedestrians and bicyclists also are at risk of an accident.

Ensuring all firefighters have proper knowledge of how to drive an over-sized vehicle and holding them to a high standard of safety can keep crew members injury free while en route to the scene of a fire.

Continue reading "Charlotte Firefighters at Risk of Accident, Injury While Responding to 911 Calls" »

In a recent press release, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced they will host a stakeholder meeting to gather suggestions and comments on prevention of occupational hearing loss. The meeting is set for November 3, 2011, from 9 a.m. to 1 p.m. in Washington, D.C. at the Frances Perkins Building. OSHA wants to obtain information from stakeholders regarding feasible engineering controls, personal protective equipment and hearing conservation programs.

Our North Carolina workers' compensation lawyers in Greensboro understand that more than 20,000 employees a year suffer preventable work-related hearing loss and something needs to be done to reduce these types of injuries occurring on the job.

Back in January we posted on our North Carolina Workers' Compensation Blog regarding OSHA's launching an outreach, consultation and educational plan on reducing hearing loss in the workplace.

Part of the plan included OSHA's commitment to having this stakeholder meeting to obtain the opinions and views of noise control experts, workers, public health professionals and employers. It is reported that roughly 30 million people in the U.S. are exposed to dangerous noise levels in the workplace. For over 25 years noise-related hearing loss has been among the most common occupational health worries in the U.S. Every year thousands of workers experience occupational hearing loss from high noise levels in the workplace.

The Bureau of Labor Statistics (BLS) has reported since 2004, that almost 125,000 workers have experienced considerable or permanent hearing loss. According to BLS, there were over 21,000 additional cases in 2009 alone. Being repeatedly exposed to extreme noise levels causes permanent hearing loss that can not be corrected with surgery or hearing aids. Being exposed to a loud noise for a short time can cause tinnitus (ringing in your ears) or cause your ears to feel clogged. After some time your ears will go back to feeling normal. With prolonged exposure these symptoms don't go away. Some clues your work environment may be too loud is if you experience humming or ringing in your ears after your shift is over, while at work you have to shout at co-workers that are standing close by and after leaving work you experience a temporary hearing loss.

What can reduce harmful noise levels in the workplace?

-Engineering controls: use low-noise machinery and tools, keep equipment and machinery well lubricated, place curtains or sound walls between workers and the noise source, isolate or enclose the noise source.

-Administrative controls: use noisy equipment and machinery during times with the fewest workers, workers should have limits on how long they can be in a noisy area, have quiet/sound proof areas for workers, restrict noise areas to only those workers that have to be there, all others should stay away.

If you are interested in attending this meeting you can call 781-674-7374 or go online to register or send a fax, with the following information: contact information, stakeholder's name and company or organization name to 781-674-7200.

If you have experienced a hearing loss due to your workplace surroundings or are dealing with a disability or workers' compensation claim, call the Lee Law Offices, P.A. now for a free and confidential appointment to discuss your case. Call 1-800-887-1965.

More Blog Entries:
Fewer Willful Violation Citations in North Carolina Leads to High Rate of Workplace Injuries in Unsafe Work Environments, North Carolina Workers' Compensation Lawyers Blog, September 15, 2011.


Experienced North Carolina Law Firm Can Help with Complicated Workers' Compensation Claims in North Carolina, South Carolina, North Carolina Workers' Compensation Lawyers Blog, September 12, 2011.

A Lowe's employee was shot and killed while working at her cash register. What makes this event even more tragic was the gunman was her husband.

Our North Carolina workers' compensation lawyers in Hickory and elsewhere recently posted on our North Carolina Workers' Compensation Blog that nationally there were over 500 workplace homicides in 2010.

Within hours leading up to the shooting, Por Ye Lor, 31, was outside his home putting together a ride-on toy for his kids. He then went to his wife's workplace, around 5:20 p.m. where witnesses report seeing the couple arguing. He then pulled out a handgun and shot his wife, Zoua Xiong, in the head, and then turned the gun on himself.

In a few short minutes, three young children ages 6, 4 and 2 were left orphaned. Neighbors, relatives and friends all deny knowing of any problems between the couple. Neighbors described the couple as being peaceful and quiet, often playing outside with their kids or tending to their garden.

Just recently they had installed an in-ground swimming pool. Xiong, 25, had worked at Lowe's for 6 years and was a head cashier. She was well liked by her co-workers who tragically witnessed this horrific event. The store was closed the next day and grief counselors were called in to talk with traumatized employees.

The Social Services Department of Rowan County took the children and placed them in foster care and hopes to have them with family members as soon as possible.
Typically there are four different types of violence that occur in the workplace:

-Patients or clients commit the violent act.
These types of events usually take place in the health care industry like at psychiatric hospitals or nursing homes. Caregivers are often the victims of these attacks. Other types of workers that are exposed to these incidents include flight attendants, prison staff, police officers and teachers.

-Violence that occurs as the result of a robbery or other type of crime.
The assailant has no reasonable relationship to the employee or business. Victims that are most often at risk for this type of attack are: taxi drivers, convenience store clerks, and security guards.

-Violent acts to managers and co-workers.
In these cases the perpetrator does have a past relationship with the business. The attacker is a former employee who has a beef with either a former co-worker or boss. Statistically these incidents are rare but they often get a huge amount of media attention.

-Domestic violence that leads to workplace violence.
This is what the Lowe's shooting appears to be. The husband did not have a relationship with the business but his wife, the intended victim, worked there. It is estimated by the U.S. Department of Justice that boyfriends and husbands commit roughly 13,000 violent acts to their girlfriends and wives in the workplace annually.

Continue reading "North Carolina Shooting at Lowe's a Reminder of Workplace Violence in Hickory, Elsewhere" »

We would like to make you aware of the Occupational Safety & Health Administration's (OSHA) website on Workplace Violence. This site will assist you in developing anti-violence in the workplace prevention programs and provides plenty of information on this growing problem.

Our North Carolina workers' compensation lawyers in Greensboro think it is tragic that in 2010 there were more than 500 workplace homicides nationwide. Every employer has the responsibility to provide their workers with a safe place to do their job.

How does OSHA define workplace violence?
It is any threat or act of physical harm, intimidation, harassment or other menacing unruly behavior that happens at your place of employment. Acts and threats can run the gamut from verbal abuse to physical violence to even homicide. It can not only affect workers but customers, visitors and clients can also be involved.

Currently in the United States, homicide is the fourth leading cause of deadly occupational injuries. In a report recently released by the Bureau of Labor Statistics on fatal occupational injuries, over 4,500 workers lost their lives on the job in 2010 and 506 were from homicides. It is shocking that the leading cause of death for women at work is homicides. This is a serious issue and should be a legitimate concern to all workers and employers.

Who is in danger of encountering an act of workplace violence?
It is staggering that almost 2 million workers each year in the U.S. report being the victims of violence in the workplace. Who knows how many cases go unreported. Anyone at anytime and anywhere can become a victim. Researchers have identified factors that could raise the risk of harm for some employees at certain workplaces. These factors include:
-Any job that requires the exchanging of money with the public.
-Anyone that comes into contact with unstable or volatile people.
-Anyone that works alone, works late at night, works in high crime areas or in isolated areas.
-Any job that provides care to others.
-Any job that puts you in a location where alcohol is served.

Occupations that are at a higher risk of encountering a violent act are police officers, healthcare professionals, delivery drivers, customer and public service workers and anyone who works alone or who works in small groups.

How can employers decrease the risk of workplace violence hazards?
In most places of employment where violence hazards can be recognized, the risk of a physical attack can be avoided or minimized if employers take suitable precautions. Employers that establish a zero-tolerance policy toward violence in the workplace creates a very effective means of protecting their workers. This policy should cover anyone that comes into contact with company workers.

Companies that have a well-written and thought-out Workplace Violence Prevention Program are on the right track for reducing violence hazards. It is vital that all employees know the policy and realize that claims of workplace violence will be taken seriously and dealt with swiftly.

Continue reading "Workplace Violence Often Leads to Homicide in North Carolina Work Environments" »

A $27,000 penalty has been issued to a Georgia company for safety violations related to the death of a worker at a Greensboro carnival.

Our North Carolina workers' compensation lawyers in Charlotte previously wrote about this tragic incident on our North Carolina Workers' Compensation Lawyers Blog.

Event Coordinators Incorporated, located in Augusta, Georgia was cited by the North Carolina Department of Labor for more than 10 serious safety violations in connection with a fatal accident at a Youth Council carnival that took place at the Greensboro Coliseum Complex.

Monetary penalties per violation ranged from $900 to $3,500. At the conclusion of the carnival, a 42-year-old Columbus, Georgia resident fell to his death from a Ferris wheel while he was dismantling it. Another worker was also seriously injured when a cable broke causing the two men to fall from heightened levels.

According to the N.C. Department of Labor report, a defective fitting on a cable used to dismantle the "Seattle Wheel" caused the tragic accident. The failed fitting allowed part of the Ferris wheel to become free, swinging into a walkway that caused one worker to fall over 40 feet to the pavement. The loose part also hit an elevated bucket lift which dumped out the second worker, who fell more than 25 feet.

Included in the report was that the accidents was caused by 3 broken strands on the cable. Additional safety violations included that 2 other workers plus the ones who fell were performing work at heights which required protective railings and that workers should have been wearing eye protection and hard hats while working with potential overhead hazards.

Here are just a few amusement park/carnival ride accidents that occurred last month as reported by Ride Accidents, a non-profit group that wants to help avoid accidents in the future by identifying the circumstances that caused them.

-A 25-year-old ride operator at the West Virginia State Fair in Charleston was airlifted to a hospital after being hit by a gondola ride. It was reported by co-workers that the operator was using his cell phone and walked into the danger zone of the ride.

-5 people were hurt on a pirate ship ride at Morey's Piers in Wildwood, New Jersey, when a decorative mast broke apart hitting the riders. One of the riders, a 13-year-old girl, sustained serious injuries.

-It took almost an hour for emergency workers to rescue a man that fell while boarding the Corkscrew roller coaster at Silverwood, a theme park in Athol, Idaho.

-A defective metal pin caused a light fixture to fall on a Scrambler ride at a carnival in Tell City, Indiana. Though the 3 hurt riders did not receive life threatening injuries, one young man required more than 70 stitches to his face.

In two separate incidents, one in Tennessee and the other in Pennsylvania, two ride operators were arrested and charge with reckless endangerment. In the Tennessee incident, a 23-year-old Ferris wheel operator was allegedly smoking marijuana at the Putnam County Fair in Cookville. The Pennsylvania incident happened at a carnival in Connoquenessing Township where a 47-year-old ride operator was allegedly drunk while giving carnival goers a ride called the Ring of Fire.

Continue reading "Carnival Company Found Negligent of Fall Accident in Greensboro After Death of a Worker" »

Recently, the Occupational Safety and Health Administration (OSHA) issued an alert cautioning employers and workers about the dangers of certain molded-case rebuilt circuit breakers from Eaton/Cutler-Hammer. These circuit breakers have model numbers E²KM and E²K and were rebuilt incorrectly which can cause them to malfunction.

Our North Carolina workers' compensation lawyers in Charlotte know that defective circuit breakers can cause fires, burns, explosions, shock, electrocution and arc flashes.

It is unknown how many defective units are out there and identifying them is difficult since they look like new or seem properly rebuilt. The manufacturer's specs were changed by the third party rebuilder.

The original Eaton/Cutler-Hammer breakers were part of their E² mining series. The easiest method to determine if you have one of these defective units is to feel with your finger the square portion of the cover near where the circuit breaker handle is.

If this area is very smooth, you most likely have a defective unit. The circuit breaker, if in use, must be taken out of service immediately. The OSHA alert explains that inaccurate voltage ratings are on the covers of the rebuilt circuit breakers.

Since the covers don't meet manufacturer's specs, they may lack safety features like fault and grounding protection to avoid electrical burns, fires and shocks. This presents an extreme risk for injuries to workers in North Carolina using these devices.

A specific instruction to employers on what to do if they have any E²K and E²KM breakers is in the alert. Employers must have an experienced person shut the power off to the breakers, adhere to proper lockout/tagout protocols, and take out of service any defective breaker and swap it with one that is Nationally Recognized Testing Laboratory (NRTL) certified.

Even though the E²K and E²KM circuit breakers are meant to be utilized in mining operations, OSHA understands company's engaged in tunneling operations may buy the same circuit breakers. It is an OSHA requirement that workplaces use OSHA-approved NRTL certified circuit breakers.

Stay safe when working around electricity:

Safety reminders with extension cords
-Never modify cords.
-Always use extension cords that are the 3-wire type.
-Use strain relief fittings, cords and connection devices.
-Never unplug a cord by pulling on the cord.

Electrical Equipment
-Use GFCI's (ground-fault circuit interrupters) on all single-phase, 120-volt, 15 and 20 amp receptacles.
-Use clearly identified double-insulated equipment and tools.
-Check all electrical equipment prior to using. Take out of service any equipment that has missing ground prongs, frayed cords or cracked tool casings.

Overhead and Buried Power Lines
-Always look for overhead and buried power line indicators.
-Always assume that power lines are live and stay at a minimum of 10 feet away from overhead lines.
-When working near power lines ground or de-energize them.
-Never use metal ladders around power lines, use fiberglass or non-conductive wood ladders.

And always remember if the power goes out and you are using a generator never bring it inside. Always turn off the main circuit breaker while the generator is in use and make sure the generator is cool prior to refueling.

Continue reading "Circuit Breakers a Workplace Hazard Leading to Electrocution Injuries of North Carolina workers" »

The Network of Employers for Traffic Safety (NETS) will soon be observing its yearly safety campaign Drive Safely Work Week (DSWW), which reminds workers about safe driving practices.

Last month our North Carolina workers' compensation lawyers in Asheville posted on our North Carolina Workers' Compensation Lawyers Blog that transportation accidents are the leading cause of workplace deaths.

NETS was founded in 1989 and is a non-profit group made up of private and public companies that promotes traffic safety on the job. DSWW is observed nationally during the first week of October, but the campaign's materials can be used year round. Material from the campaign doesn't just focus on what to do to prevent distracted driving incidents when you are the driver, but also for passengers on the job.

Accidents can happen at work both inside the office or warehouse, but also for those who have to drive for a living. Both drivers and passengers can be at risk for these types of workplace incidents, so it's important for everyone to take care when traveling on the job.

The following is some of the informational material DSWW provides for:

Driver
A Virginia Tech driving study indicates that you increase your risk of crashing by 23 times if you are texting; reaching for an object increases the risk by 9 times; and dialing a cell phone puts your risk at 6 times. Here's how you can lower risk for having a distracted driving crash:
-Never text and drive. Put your cell phone in the trunk while you are driving.
-Make sure you and your passengers buckle up and secure objects you are transporting like packages, animals, or personal computers.
-Know where you are going; being lost is very distracting. Use a voice navigation device and never read a map while driving.
-If you can't have your phone out of reach at least have call-blocking technology so calls can't get through until you are done driving.
-Give yourself plenty of following distance and adjust accordingly to changing road conditions.
-Adjust your radio and climate controls before you start to drive and never drive while using headphones. If you happen to be in a rental car make sure you know the locations of the wiper and light controls. Don't try to find them while you are driving.

Passenger
-Be in charge of the driver's cell phone don't let it be a distraction. Try not to make or receive calls when you are a passenger. If you must use your phone make it a quick call.
-If you feel the driver is acting in an unsafe manner, speak up. Hurt feelings are easier to heal than broken bones.
-Never block the driver's view on the right, if they can't see clearly let them know when it is safe to proceed.
-Be the map reader, road sign reader and landmark finder.
-Don't get into serious or drawn out conversations with the driver.

Continue reading "Transportation Incidents a Common Cause of Fatal Work Injuries in North Carolina" »

The Bureau of Labor Statistics recently released the 2010 Preliminary Summary for Fatal Occupational Injuries. Gastonia workers' compensation lawyers are concerned about the high numbers already reported because they will likely go up when the final work fatality report is released in the Spring of 2012.

In fact, the last three years have shown a 3 percent increase from preliminary numbers to the final count which would put us well over the national work-related death count of 2009 which came in at 4,551.

As economic stability continues to play a significant roll in death tolls at work, fatal work injuries in North Carolina remain a concern because so many industries can be considered dangerous if employers don't take proper safety precautions to keep workers safe. So many jobs require climbing, operating large equipment, handling chemicals, or work transportation to perform duties succinctly which often put workers in grave danger.

More than 4,500 employees died from a work-related accident or injury in 2010. The fatal injury rate for all occupations in 2010 was 3.5 per 100,000 workers. The 10 occupations that had fatal injury rates at least 5 times higher than the average and reported the highest rate of fatal occupational injuries per 100,000 workers nationwide were:

-Fisherman and fish-related jobs: 116
-Workers in the logging industry: 91.9
-Flight engineers and pilots on aircrafts: 70.6
-Ranchers or employees working on farms: 41.4
-Operators of mining machines: 38.7
-Roofers: 32.4
-Recyclable materials or garbage collectors: 29.8
-Truck drivers or sales workers that require transportation to perform duties: 21.8
-Workers who install, repair or maintain industrial machinery: 20.3
-Law enforcement including sheriffs or police officers: 18.0

Let's take a look at work injuries categorized by incident as reported in the 2010 Fatal Occupational Report Summary.

Transportation: There were a total of 1,766 transportation incidents while performing a job responsibility which resulted in death in 2010, or almost 2 out of every 5 fatal work injuries were transportation-related. North Carolina reported 43 fatal transportation accidents at work.

Exposure to harmful environments or substances: Nationally, there were 409 deaths reported while at work. North Carolina reported 15 occupational deaths from exposure to hazardous substances or harmful environments.

Contact with equipment and objects: More than 730 workers were killed on the job by equipment or being struck by an object nationwide in 2010. North Carolina reported 23 workers killed by objects or equipment at work.

Falls: North Carolina reported 22 fatal falls at work compared to the total death count of 635 nationwide in 2010.

Workplace Homicides: Almost 18 percent of deaths occurring at work were related to assaults or violent acts. Homicidal incidents for women rose 13 percent in 2010 despite the overall decrease. There were 808 homicide deaths at work nationwide compared to 23 reported fatalities in North Carolina.

Fires and Explosions: North Carolina didn't report any deaths from fires or explosions in 2010 but there were 187 deaths nationwide from these types fatal work accidents.

No work environment is completely safe and free from hazards, so employees are encouraged to use caution every day at work. If you are aware of something hazardous at work, report it to a boss or supervisor to reduce the risk of injury to yourself or other co-workers.

Continue reading "Wide Variety of Work Environments Deemed Dangerous; Employers Need to Protect Workers from Injury in North Carolina" »

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" »

North Carolina workers are often afraid to voice concerns about a potential work injury or environmental hazard on the job because they fear retaliation for blowing the whistle. Our Asheville workers' compensation attorneys want to assure you that it is against the law for employers to behave in such a manner and that the company can be prosecuted to the full extent of the law if retaliation leads to workers suffering in any way, shape or form.

The United States Department of Labor's Occupational Safety and Health Administration recently announced a lawsuit against a South Carolina real estate management company for retaliation against an employed whistleblower for reporting an environmental concern at one of the company's job sites.

The inhalation of asbestos fibers by workers is a common cause of illness at North Carolina worksites. Asbestos can be hazardous, according to OSHA, because the fibers, which are naturally breathed in, can cause serious disease or damage to lungs and other organs that may not be detected until years later. Build-up of scar-like tissue created by asbestos in the lungs can result in loss of lung function, which can lead to disability or even fatality if it goes undetected over time.

OSHA is suing CMM Realty Inc. of South Carolina for allegedly firing an employee after the employee reported a workplace and environmental concern regarding asbestos. The lawsuit includes back pay, interest and compensatory damages, reinstatement of his previous position at the company, as well as prohibition of future violations.

The employee voiced concerns about asbestos exposure to the owner of CMM Realty on May 13, 2009. The following day, the employee filed a complaint with South Carolina OSHA and the South Carolina Department of Health and Environmental Conservations. After each agency inspected the company, CMM Realty was cited for violating asbestos control standards. The day of the inspections, the concerned employee was told his services were no longer needed. On May 18, 2009, he was given official notice that he was fired from the company.

The following month, the employee went to OSHA to file a whistleblower complaint. Upon investigation, OSHA found that CMM Realty illegally fired the employee for reporting the asbestos concerns and possible exposure to a hazardous environment. In November, OSHA ordered CMM Realty to pay the employee $56,222 in compensatory damages and back pay, and reinstate the employee in his old job under the whistleblower provisions of the Clean Air Act. The realty company appealed and is currently waiting for review. In the meantime, OSHA has filed the current lawsuit with the federal court for violation of Section 11(c) of the OSH Act, which forbids companies to act out against employees who have filed a complaint with OSHA.

"We at OSHA are very serious about protecting America's workforce and ensuring that employees have a voice about the safety of their work environment," said Cindy A. Coe, OSHA's regional administrator in Atlanta. "Employers found in violation of the whistleblower protection provisions of the OSH Act, Clean Air Act or any of the whistleblower laws we enforce will be held accountable and prosecuted to the fullest extent of the law."

Continue reading "Whistleblowers Protected When Reporting Hazards at North Carolina Job Sites" »

As we head into the hottest days of summer, we wrap up our series of blogs on common workplace injuries with the two types of heat illness: heat exhaustion and heat stroke.

Workers with outside jobs or heat-related job duties are often at high risk of exposure to heat illness in North Carolina job sites.
Winston-Salem workers' compensation lawyers want to remind employees that there is a fine line between heat exhaustion and heat stroke, so take the necessary precautions to avoid serious injury or illness while you are at work.

WFMY News reports that a Burlington firefighter was recently treated for heat exhaustion after responding to a call regarding a machine fire at a plant at Glen Raven Mills. This is just one example of how heat-related jobs can not only be dangerous, but can cause serious illness. Thousands of workers throughout the U.S are treated at hospitals for heat exhaustion or heat stroke each year.

North Carolina Division of Public Health has already reported about 319 heat-related illness emergency room visits between May 1 June 4 this year. The majority of cases have involved young (ages 24-44) and middle-aged (45-64) adults. The three common reasons leading to the heat illness is playing or working outdoors and job-related outdoor activities.

The Centers for Disease Control and Prevention reports the workers that are most in danger of heat-related illness are farmers, factory workers, constructions workers, postal workers, bakers, miners, firefighters and boiler room workers. Employees most at risk are those older than 65, overweight, workers with high blood pressure, or workers on certain prescribed medications.

The following are symptoms of heat exhaustion: dizziness, cramps, headache, nausea, sweaty skin or a fast heartbeat. Heat stroke can often be detected by signs of confusion, convulsions, fainting, high temperature or red, hot and dry skin. Anyone experiencing these symptoms should seek medical attention immediately.

The Occupational Safety and Health Administration offers the following tips to prevent a heat-related illness at work:

-Drink plenty of water on a timely schedule, even if you aren't thirsty. It is recommended to drink every 15 minutes.

-Refrain from drinking beverages like coffee, energy drinks, soda or alcohol in extreme hot temperatures.

-Keep an eye on other employees around you. If you see strange behavior or signs of heat exhaustion call for help immediately and alert a supervisor.

-Have your work site location memorized in case you need to call for help. A 911 dispatch will need an address to send a rescue team to your location.

-Always wear a hat for protection from the sun and light-weight and fair-colored cotton clothing. Dark clothes attract the heat and shouldn't be worn.

-Ask your employer to provide a tent or covering for shade. Take periodic breaks in the shade.

-Never climb under machinery or a vehicle to get out of the sun. You run the risk of the vehicle moving and crushing you.

Continue reading "Outdoor Jobs Create High Risk of Heat Illness for Winston-Salem Workers" »

Our Charlotte workers' compensation attorneys want to reiterate the importance of workplace safety after learning of a recent accident that took the life of a Lowe's employee in Charlotte.

We are conducting a series of blogs about common North Carolina work injuries and unexpected dangers that can occur in the workplace.

There are a number of different kinds of accidents and injuries that can occur at warehouses and storage facilities. Falling from a ladder, back injuries sustained from loading heavy boxes, debris or equipment falling from upper storage shelves or collisions with fork lift equipment are a few that come to mind.

The Charlotte Observer reported recently about the tragic event that killed an employee at a Lowe's Home Improvement storage building in South Charlotte. The employee was standing under a garage door when it fell on him, struck him on the head and killed him shortly after being taken to Carolinas Medical Center. The store remained open following the accident with caution tape surrounding the area where the garage door fell. Detectives and the North Carolina Department of Labor are investigating the incident.

Employers have a responsibility to maintain a safe work environment by following these worksite analysis guidelines suggested by the Occupational Safety and Health Administration:

-Have an OSHA consultant come visit your warehouse or storage facility at no charge.

-Read up on hazards that can occur in storage areas or warehouses.

-Always encourage employees to report potential dangers and hazards that could potentially hurt someone while performing their job duties.

-Maintain an appropriate system for reporting hazards in the workplace.

-Have your employees form safety teams so more than one person is looking out for dangers or safety issues in the workplace at any given time.

-Review the worksite conditions from previous years in order to assure proper maintenance or changes have been made to enhance safety.

-Inspections of worksite conditions should be conducted by a trained professional, especially if hazards are detected and changes are needed.

-Don't be afraid to get help from safety and health experts. Providing expert care can go a long way in preserving your employee's well-being.

June is National Safety Month. All companies should create an open-door policy when it comes to employee safety by establishing open lines of communication and getting employees involved in an effort to make safety and health a priority. Create safety awareness and prevent unexpected injuries and deaths at work this month and beyond.

Continue reading "Safe Work Environments can Reduce Risk of North Carolina Work Injuries" »

Our third topic in a series of blogs about workplace injuries covers the dangers of hand and power tools. Jobs that require the use of hand and power tools put employees in danger of flying debris, harmful dusts, or flammable sprays that can lead to all sorts of severe injuries or illnesses.

Greensboro work injury lawyers want to remind workers that employers have an obligation to provide you with adequate training and personal protective equipment to reduce the risk of North Carolina hand and power tool injuries at work.

Most of us use hand or power tools in our everyday lives, so we often don't think about the dangers involved. The construction industry wouldn't be able to survive without the use of hand tools and power equipment. The U.S. Department of Labor Occupational Safety & Health Administration provides a set of standards and directives to be used by all employees who use hand and power tools at work.

OSHA provides these examples of hand tool hazards:

-A wrench may slip and hit someone if the jaws are sprung.

-A wooden handle on an axe or hammer that is splintered, cracked or loose can cause the metal part of the tool to fly off and hit another employee in the act of using the tool.

-Impact tools with mushroomed heads such as chisels or wedges can shatter on impact which sends sharp fragments in scattered directions through the air.

To avoid power tool injuries, follow these safeguards:

-Free both hands to operate the tool by securing your work object with vises or clamps.

-Keep work area clean and obstacle or cord-free. Anyone not working on the task should stay clear of the work area.

-Never allow hoses or power cords to get near sharp edges, oil or heat.

-Refer to the user's manual for instructions on how to change accessories or how to lubricate the tool.

-Always have good balance and proper footing while operating a power tool.

-Never wear loose or dangling jewelry or clothing like ties or scarfs. They present a danger of choking among other things if something gets caught.

-Never carry a tool from point A to point B with your hand or finger pressed on the power button.

-Always unplug power tools when not in use, before servicing, while changing blades, bits or cutters and before cleaning.

The North Carolina Department of Environment and Natural Resources requires that employers train all employees using hand and power tools. Employees should be trained to pick the right tool for the task at hand, know the dangers of all tools, how to use the tool correctly, how to maintain and routinely inspect the tools and how to store tools properly.

Continue reading "Power Tools Often Cause Workplace Injuries to North Carolina Workers" »

I think we would all agree that the reason we get up and go to work each day is to provide for ourselves or our families. Working in a safe and hazard-free environment allows us to do just that.

We will be embarking on a series of blogs about common workplace injuries in North Carolina to create awareness about dangers and risks faced on the job. The goal of our Hickory workers' compensation attorneys is to let injured workers know that you do have rights and should take action when an injury is sustained at work.

We often post about the dangers of distracted drivers on our North Carolina Car Accident Lawyer Blog, but distractions can also occur on the job when a driver is backing into a loading dock or texting on the way to an appointment.

The Hickory Daily Record recently reported about a fatal accident that occurred at Institution Food House (IFH) when a tractor trailer was backing into a loading dock to unload a shipment. Hickory police report that a man standing in the loading dock was struck by the Pepsi distributor as the driver was going in reverse. The worker was pronounced dead at the scene. The incident is under investigation by North Carolina Department of Labor for unsafe work practices.

This is the second serious work accident to occur at IFH since 2007. In the 2007 work accident, a driver had parked on an incline and was run over by the truck as he got out and stood behind the vehicle, sustaining severe injuries to his lower body. IFH was cited for failure to provide a safe environment; specifically, the tractor trailer was not secured to prevent movement in the loading dock. The company was fined $963 following the 2007 incident.

The Occupational Safety and Health Administration urges employers to create a no-texting policy for all workers. It is projected that with each additional 1 million text messages, the number of distracted driving fatalities in crashes increases by 75 percent.

"It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality," said David Michaels, assistant secretary of OSHA. "We are asking employers to send a clear message to workers and supervisors that your company neither requires nor condones texting while driving."

Employers should:

-Declare their work vehicles as "text-free zones."

-Establish safe times or areas for workers to communicate to managers or get in touch with customers who may be waiting for them.

-Never offer financial incentives to employees trying to get ahead that would encourage or require employees to text while they are driving.

Distractions while driving is certainly a workplace hazard that needs to be addressed in order to reduce the number of injuries and fatalities that occur on the job. Employers have a responsibility to educate and create policies that will keep their employees free from danger. Banning texting could not only keep workers safe, but could save lives of other motorists that share the the road.

Continue reading "Distracted Driving: A Workplace Hazard in Hickory, Throughout North Carolina" »