North Carolina Workers' Compensation Lawyers Blog

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

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

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

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

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

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

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

Unfortunately, it's not uncommon.

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

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

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

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

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

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

These include:

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

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

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

-Invest in a comfortable mattress and pillows.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

And some workers may not even realize they are stressed.

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

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

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

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

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

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

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

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

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

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

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

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

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

OSHA found otherwise.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Work-related fall accidents in North Carolina and elsewhere are the leading cause of on-the-job fatalities. These types of accidents are most common in the construction industry. These incidents are not isolated to the construction industry though. They're common among those who work in the healthcare and the retail industry as well.

The Centers for Disease Control and Prevention (CDC) offers some safety tips to help reduce the risks of these types of work accidents. Our Greensboro workers compensation attorneys understand that employees of all kinds are at risk for potentially fatal fall accidents on the job. We're asking that you review the following information to help to prevent the risk of getting hurt at work in the New Year. According to preliminary statistics from the U.S. Bureau of Labor Statistics, there were approximately 635 fatal fall accidents in the country in 2010. These types of accidents accounted for almost 15 percent of all fatal work-related accidents.

Of the 2010 Fatal Work-Related Fall Accidents:

-More than 90 happened when a worker fell on the same level.

-Nearly 540 were accidents involving workers who fell to a lower level.

-About 130 of these accidents happened as workers fell from a ladder.

-More than 100 occurred as employees fell from a roof.

-More than 50 happened as workers fell from scaffolds.

As stated before, most fatal fall accidents are endured by construction industry workers. However, the most common injury-resulting falls occur among those working in the healthcare, wholesale and retail positions.

Common causes of work-related falls:

-Improper fall protections.

-Slippery walkways.

-Unstable walking and working surfaces.

-Failure to remove work debris.

-Cluttered walkways.

-Unprotected holes in walls and floors.

Yes, these types of accidents are common. Unfortunately they can be painful and costly, too. Injuries resulting from fall-related accidents can cost billions in medical bills and in workers' compensation. Officials estimate these costs amount to $70 billion annually in the U.S. To help reduce these accidents, federal regulations have been established to make sure employers are taking all of the proper safety precautions. The Occupational Safety & Health Administration (OSHA) has created a Quick Card to help employers and employers keep work sites safe from fall accidents.

Tips to Prevent Fall Accidents:

-Be sure to guard every floor hole. Use a railing and a toeboard or a floor-hole cover.

-Make sure that every open-sided platform, runway or floor that is at least 4-feet off the ground has both a guardrail and a toeboard.

-Regardless of height, if a worker can slip and fall into a dangerous machine or onto a dangerous piece of equipment, make sure that there are guardrails and toeboards available.

-Consider using other forms of fall protection, including stair railings, safety nets, safety harnessed and handrails, too.

-Keep all floors and work areas in a clean and sanitary condition.

-Provide personal protective equipment to employees at no cost to them.

-Make sure that employees are properly trained.

Continue reading "Helping to Reduce Risks of Work-Related Fall Accidents in Greensboro in 2012" »

Our Asheville work accident attorneys recently posted on our North Carolina Workers' Compensation Blog about the dangers of cold weather and car accidents.

The National Highway Traffic Safety Administration is warning of the risks winter weather poses when it comes to car accidents. Traffic accidents are the leading cause of on-the-job injuries in Ashville and elsewhere. And, while the Carolinas may benefit from milder winters than those suffered in much of the rest of the country, drivers in warm-weather states may be at higher risks due to being less experienced and less prepared for cold weather.

We have already written about avoiding winter weather car accidents in Asheville by properly maintaining your vehicle. But what you do behind the wheel is also critical to maintaining your safety and the safety of those around you.

-Practice winter driving in a parking lot or remote area.

-Drive slowly.

-Brake anti-lock vehicles firmly. Those without anti-lock brakes should be stopped by gently pumping the brakes.

-Stay calm in a skid. Ease off the gas while steering in the direction you want the front end to go. Don't apply either the gas or the brake until you have regained control. Steering into the skid will bring your car back in line.

-Plan your route of travel. Know about potential delays, road conditions and accidents before venturing out.

-Allow plenty of time to reach your destination.

-Always have a cell phone with a good charge. And keep your gas tank as close to full as possible.

-Beware carbon monoxide poisoning if stuck in the snow. Be sure the tailpipe is clear when running a vehicle to stay warm and always crack a window.

-Avoid driving in hazardous conditions whenever possible.

-Keep an emergency kit in your vehicle. Broom, shovel, ice scraper, abrasive material for traction, flashlight, flares, jumper cables, blankets, water, food and medicine are a few of the items that should be part of your travel kit.

-Don't leave an abandoned vehicle unless safe to do so. Don't wander off. Beware of traffic and the risk of secondary accidents.

-Don't overexert yourself.

-Always wear your seat belt and require everyone in your vehicle to buckle up.

-Don't drive distracted.

-Dress appropriately -- dress as though you may be stranded or out longer than you anticipate.

-Never leave a child unattended around a vehicle.

Safety is no accident. It usually takes careful planning. The Carolinas are not known for brutal winters. But at the same time employees certainly face increased risk during inclement weather. Make sure your vehicle has been serviced and is ready for winter. Plan your route. Know the risks. Drive carefully. And be prepared. Employers and employees alike can take steps to reduce their risks of being involved in a car accident while on the job. That is true all year long. But winter brings with it special risks. Take it seriously and plan accordingly.

Continue reading "Winter Weather Car Accidents a Work-Injury Risk in Asheville " »

The U.S. Department of Labor has issued a hazard alert for certain refurbished circuit breakers that have been rebuilt incorrectly by a third party. Any employee working near one of these refurbished circuit breakers is at severe risk of electrical shock, arc flashes or electrocution hazards at work in Greensboro or elsewhere. Certain molded-case circuit breakers emit a high risk of burn or other severe injuries caused by fires or explosions.

Gastonia workers' compensation lawyers know that employers trying to cut costs by opting to use refurbished equipment need to be careful because they can put their workers at risk of severe injuries or even death when an accident occurs. Many refurbished items look brand new but may not have been rebuilt correctly.

The Occupational Safety and Health Administration issued the hazard alert after they learned from the Mine Safety and Health Administration that a third-party rebuilder slapped on 600 or 1,000 VAC covers to circuit breakers and then labeled them to look as though they were new products before selling them directly to users or indirectly through a mining supply company. The circuit breakers were originally manufactured by Eaton/Cutler-Hammer as part of its E2 mining series but were refurbished by a different company.

Workers in the mining industry may be at risk of hazards such as arc flash, electrocution and shock when the defective circuit breakers catch fire or cause a potential explosion. Safety features such as phase-to-phase fault protection or proper grounding may be lacking in the defective circuit breakers putting workers at risk of these hazards when the breaker trips. Additionally, the frames used for covers may contain tips and springs from an unknown origin and are labeled with 600 VAC or 1,000 VAC which may not be the correct identification for the defective part.

You may be wondering how workers or employers can identify the defective circuit breakers. The circuit breakers will either appear new or properly built on any frame size but the design has changed from the original manufactured look. These types of circuit breakers are used for tunneling operations or in any electrical cabinet where standalone type circuit breakers are used. The refurbished models have different cover colors than the original equipment and lack the marking of a qualified National Recognized Testing Laboratory (NRTL) on the label or frame. These are the only two known exterior means of identifying the defective breakers. Model numbers that may be defective include the E2K or E2KM mining series breaker.

OSHA is instructing employers who may have one of the defective models to take necessary precautions and refrain from resetting the Eaton circuit breaker if it trips. Someone qualified in working with circuit breakers should shut off the power and follow proper procedures for lockout/tagout practices. Workers should be protected from voltage in the area by being prohibited from going anywhere near the circuit breaker until it has been determined that the circuit breaker is working properly and does not impose a threat for electrocution or fire hazards.

Contact the NRTL Program if you have questions or concerns about defective circuit breakers manufactured by Eaton. Call 1-202-693-2300 or email nrtlprogram@dol.gov.

Continue reading "Refurbished Circuit Breakers in North Carolina Can Cause High Risk of Fires and Explosions Leading to Burn Injuries at Work" »

The Occupational Safety & Health Administration (OSHA) has been vigilant in recent years in developing injury and illness prevention programs in order to keep workers safe at work.

Statesville workers' compensation lawyers are concerned that even after the development and implementation of these prevention programs the nation averages 12 deaths a day while at work. In 2009, serious work illnesses and injuries in North Carolina and throughout the country were a staggering 3.3 million, not to mention the 4,300 deaths occurring in the workplace. In 2008, the average amount spent on workers' compensation costs nationwide was more than $1 billion a week. Think about all the jobs that could be created if employers took the initiative to prevent work injuries and illnesses which would result in saving the nation $53.42 billion annually in workers' compensation costs.

According to OSHA, the following are examples of effective Injury and Illness Prevention Programs:

Voluntary Protection Programs (VPP): these programs are a proactive and cooperative approach by employees, management and OSHA to prevent illnesses, injuries and deaths by focusing on worksite analysis, employee training and hazard control and prevention.

OSHA Challenge Program: OSHA provides an online roadmap to employees to help them achieve VPP requirements. OSHA then recognizes any employer who has made valid improvements to their safety and health management systems. Click here to view some of OSHA's Challenge success stories.

Alliance Program Case Studies: examples of case studies are provided to employers to demonstrate the positive effects of a successful health and safety program.

Safety and Health Achievement Recognition Program (SHARP): small employers are recognized for their efforts to implement a safety and health management system. Click here to view some of the successful SHARP stories.

North Carolina is one of 34 states that have guidelines established for employers to implement a health and safety program within their organization in order to protect workers from being injured or contracting an illness while performing a work task. Any North Carolina employer who employs 11 or more workers and has an experience rate modifier of 1.5 or above is required to have an Employee Safety and Health Committee. Each committee member will be trained and educated by employers on the following:

-How to identify a hazard in the workplace.

-How to conduct an effective accident or incident investigation.

-Define the employer and employee rights and responsibilities as directed by the Safety and Health Programs and Committees Act and Mine Safety Laws.

-How to keep and meet accurate recordkeeping requirements set forth by North Carolina's Workers' Compensation Act and Mine Safety Laws.

-Provided knowledge of the most common causes and cited violations of workplace accidents.

Members of the committee have a responsibility to protect workers and ensure that employers are doing everything in their power to keep workers safe on the job. The goal of all North Carolina employers should be to have zero work accidents each and every day.

Continue reading "North Carolina Injury and Illness Prevention Programs Aim to Reduce Workplace Accidents in Statesville, Elsewhere" »

The U.S. Department of Labor's Occupational Safety & Health Administration (OSHA) has been boosting its efforts to create public awareness about occupational health and safety to help reduce work injuries in Greensboro and throughout the country.

As part of its 40th anniversary celebration, OSHA sponsored its first photo contest, inviting the public to capture an image depicting a safe work environment. Participants were encouraged to take pictures of workplace safety and health and submit to OSHA for judging. A secondary contest was offered to OSHA staff by challenging them to submit pictures of safe work environments or images promoting health in the workplace.

Gastonia workers' compensation lawyers agree that increasing employee awareness may help reduce work accidents, but it is really up to the boss to make sure all workers are provided a safe environment and ample amount of training to perform work duties safely.

OSHA received more than 300 submissions with photos representing a range of industries and activities. OSHA awarded six winning photographs in addition to seven honorable mentions. The safety administration also received 50 photographs for the secondary contest from OSHA staff. The photos were judged by a panel of experts.

View winning photos here.

Public Contest Winners:
1st Place was awarded to a participant from Cincinnati, Ohio. The picture shows workers out in the sun wearing protective hats, gloves and footwear. The workers are also utilizing proper tools to perform the job task.

2nd Place was awarded to a participant from Charlotte, N.C. The photo captures workers well above ground level working to install solar panels. The workers are wearing protective gear and are harnessed with fall-protection equipment.

3rd Place was awarded to a participant from Mesquite, Texas. The image depicts sparks flying while a worker is using a large piece of equipment. The worker is wearing protective head gear and gloves with no other workers present within close proximity of where he is working.

OSHA Staff Winners:
1st Place was awarded to an office in Braintree, Mass. The picture is of three workers completing a task involving heated temperatures and a fire-related environment. All workers are wearing fire-resistant coats and boots, and other personal protective equipment to prevent face and eye injuries.

2nd Place was awarded to the same office in Braintree. The picture is of an OSHA investigator walking down a long tunnel ready to investigate workplace safety at the job site.

3rd Place was awarded to an office in Washington, D.C. The winning photo was an image of a worker at a wind turbine construction site well above ground level.

Winners receive a framed certificate, and their photos will be hung in the Department of Labor's headquarters in Washington, D.C., as a constant reminder of the importance of workplace safety.

Continue reading "OSHA's 'Picture It: Safe Workplaces for Everyone' Contest Winner From Charlotte" »

The North Carolina Department of Labor is responsible for promoting the health and safety of over 4 million employees working in over 250,000 businesses or establishments throughout the state.

Asheville workers' compensation lawyers understand that keeping track of this many employees must be difficult to the say the least. But it is as much up to the employer as it is the Department of Labor to keep these workers from getting injured on company time in Charlotte, Statesville or elsewhere in the state.

The N.C. Department of Labor recently released their 2010 annual report. In a two-part series we will summarize the report in an overview of the three Divisions followed by a more detailed look at the Bureaus within each Division.

The following is an overview of the Standards and Inspections Division, Occupational Safety & Health Division and Administration Division found in the 2010 Fiscal Year (FY) report.

Standards and Inspections Division
This Division is comprised of six bureaus which include: Apprenticeship and Training, Boiler Safety, Elevator and Amusement Device, Employment Discrimination, Mine & Quarry and Wage & Hour.

-In FY 2010, there were over 3,000 apprenticeship programs completed in North Carolina.

-The Boiler Safety Bureau found 2,771 violations during more than 51,000 inspections of pressure equipment.

-In FY 2010, there were more than 19,500 elevator inspections and 7,198 amusement devices evaluated throughout the year.

-Almost 800 complaints were received by the Employment Discrimination Bureau which resulted in 778 investigations being conducted at differed work sites.

-The Mine and Quarry Bureau inspected and evaluated 448 active and abandoned mines.

-Over 46,000 youth employment certificates were issued by the Wage and Hour Bureau. There were 51 youth employment complaints that needed investigated in FY 2010.

Occupational Safety & Health Division
A total of five bureaus make up the Occupational Safety and Health Division which include Agriculture Safety and Health, Compliance, Consultative Services, Education, Training and Technical Assistance and Planning, Statistics & Information Management.

-Over $73,000 in penalties was handed out by the Agriculture Safety and Health Bureau in relation to 182 violations found in companies throughout the state.

-The Compliance Bureau issued more than 10,000 violations resulting in over $5.8 million in penalties.

-There were almost 5,400 serious hazards issued by the Consultative Bureau in FY 2010.

-Over 300 courses, workshops or forums were offered by the Education, Training and Technical Assistance Bureau to help train over 7,500 employers and workers.

-In FY 2010, the Planning, Statistics and Information Management Bureau received 955 disclosure requests of which 850 were processed.

Administration Division
Several divisions make up Administration ranging from Budget to Communication to Legal Affairs. Some of the highlights for this Division include:

-The help desk responded to over 3,000 calls.

-A review was completed of rules and regulations to determine which ones were no longer needed.

Overall it looks like the N.C. Department of Labor did a lot of work last year and yet far too many occupational injuries and fatalities still occurred on the job in 2010. Too many North Carolina employers are committing violations for unsafe work environments on a daily basis, which puts workers at risk of serious injury or illness. On-site inspections and hefty penalties need to continue until employers get the message that unsafe work environments are unacceptable and won't be tolerated.

Continue reading "Annual Report Reveals Numerous Investigations into Workplace Safety at North Carolina Businesses and Job Sites" »

A recent article in the News & Observer reported that North Carolina work injuries and illness are reported less frequently than occupational mishaps reported in most other states. Much of the credit was given to employee training programs.

Workers' compensation attorneys in Greensboro, Charlotte and throughout the state know that many cases still go unreported so employers shouldn't hurt their arm on the way to patting themselves on the back after hearing the news offered in the recent occupational injury and illness report. In 2010, the injury rate for North Carolina work accidents was 3.1 cases per 100 full-time workers. If you ask us, 1 case per 1 million employees nationwide is too many considering employers have an obligation to create safe work environments and protect employees from risk associated with their job.

According to the article, only three states, Louisiana, Texas and New York, reported fewer workplace injuries and accidents than the Tar Heel state last year. Since 1999, the work injury rate for North Carolina has decreased by more than 45 percent. The injury rate in 1999 was 5.7 injuries per 100 workers compared to 3.1 reported last year in North Carolina. Outsourcing, layoffs, off-shoring and cost-cutting strategies are factors in causing the lower accident rate because the rate is measured per 100 employees, not by overall work accidents reported throughout the state.

In a recent press release, North Carolina Department of Labor Commissioner Cherie Berry commented on how proud she is of the drop in injury and illness rate during her tenure. Berry states "The record low injury and illness rate is a credit to the employers and employees of our state."

Berry feels much of the improvement has been due to the successful joint efforts of the Department, management and those employees performing dangerous work tasks in taking work safety more seriously. Much of the focus made by the state is on the dangerous industries like manufacturing and construction that put workers at risk of injury or illness on a daily basis. The NC Department of Labor provides free training sessions, free consultative visits to work sites and builds strong alliances and partnerships with employers to help reduce work injuries and illnesses that can occur in an unsafe work environment.

North Carolina employers should never stop working to improve worker safety until zero accidents are reported monthly or annually. Continuing to evaluate work environments, providing necessary protective equipment and ensuring employees have proper training about work safety while performing certain job duties are the first steps in keeping workers from getting injured or sick on the job.

North Carolina workers' compensation attorneys can assist injured workers in taking the needed steps to make a complaint against their employer or file a disability claim to help pay for damages suffered while working on the job. Employees fearful of the consequences should speak with an experienced work injury lawyer to gain the confidence to fight for what is rightfully yours.

Continue reading "North Carolina Reports One of Lowest Work Accident Rates Nationwide" »

It's no secret that Black Friday is the busiest shopping day of the year. Stores roll out their biggest deals ever and consumer mobs head out to save some money. Without the proper safety precautions, these events can get ugly and employees can be injured in a work-related accident in Spartanburg and elsewhere throughout the Carolinas. Black Friday brings out large crowds and without the proper safety plan, the crowds can get out of hand and things can get dangerous.

Our Spartanburg workers compensation lawyers understand that employers have a responsibility to keep workplace conditions safe and hazard free for employees. This is especially important during Black Friday sale events. In 2008, a worker died during the opening of a Black Friday. Employers are urged to start planning for this year's Black Friday sales. Taking the proper safety steps can help to reduce the risks of a work-related injury when dealing with the large crowds of shoppers.

Planning for Black Friday:

-Make sure to equip areas expecting large crowds with the appropriate security officers, crowd management personnel or police officers on site.

-Workers should be designated to specific areas of your store. Make sure you have enough employees to cover all areas.

-Create a plan on what each worker is responsible for to avoid confusion on the day of the big event.

-Train all workers on how to properly manage the event and to manage crowds.

-Make sure that your business has all the required licensed and permits.

-Contact the local hospital, emergency responders, fire department and police department to notify them about your event.

-Be sure that your business has the proper signage presented throughout the store to indicate the location of emergency exits, restrooms and sale items.

-Have an emergency plan ready to address problems regarding crowd issues.

Right before the event:

-Make sure barricades and rope lines are in place to effectively route crowds.

-Allow customers through in intervals. This will help to eliminate overcrowding.

-Designate employees to explain the entrance and check-out procedures to customers to make lines flow smoother.

-Make sure all employees have radios or walkie-talkies to be able to effectively communicate with one another.

-Consider tickets or wristbands for the sale of popular items.

-Consider conducting an internet lottery for "hot" sale items.

-Keep shopping carts and other hazards in a safe area away from customer traffic.

-Create pamphlets for customers waiting in line to help communicate entrances, exits and locations of sale items.

During your Black Friday event:

-Before opening the doors, alert all customers and employees.

-Make sure all entrances are guarded with police, uniformed guards or other authorized individuals.

-Make sure that all crowd-management individuals are placed on the side of walkways, not in the middle.

-Never exceed your building's maximum occupancy limit. Stop customers from entering and wait for more to leave if you reach this limit.

-Make sure shoppers with disabilities have a safe way to enter and exit your store.

-Keep all exit doors clear.

-Make sure everyone knows in advance who to contact in the event of an emergency.

-Make sure that Automated External Defibrillators (AEDs) and first-aid kits are available.

Continue reading "Black Friday Sales Events to Bring Increased Risks for Work-Related Injuries in Spartanburg" »

Our Asheville workers' compensation attorneys want to share some of the information contained in the recently released North Carolina Department of Labor 2010 Annual Report. Earlier, in part one of our two-part series, we gave a general overview of the Standards & Inspections Division, Occupational Safety & Health Division and Administration Division. We conclude our series by taking a more in-depth look at some of the bureaus within the divisions.

We know that violations are issued for unsafe work environments at companies and businesses on a regular basis. However, too many times a company fails to get inspected and an employee pays the price by getting injured or contracting an illness at work in Charlotte, Greensboro or elsewhere in the state.

The report goes into detail about some of the citations and violations that were issued during fiscal 2010. Let's review what we discovered.

The Boiler Safety Bureau conducted 51,288 inspections statewide of boilers, model/hobby boilers, antique boilers, pressure vessels and boiler repairs. There were also some investigations following accidents involving pressure equipment. In total, there were 2,771 violations cited last year. In 2005, there were more inspections (52,069) conducted and fewer violations found (1,916) than last year. We are left to wonder whether companies that use boilers or pressure vessels are taking worker safety seriously enough, or are they putting employees at risk of injury or death.

Many responsibilities fall within the realm of the Elevator and Amusement Device Bureau. This bureau ensures that the following are properly installed and working safely: elevators, escalators, moving walks, dumbwaiters, workman's hoists, aerial tramways used by passengers, incline railways, lifting devices used by people with disabilities, and amusement rides. There were 60 accidents or incidents reported on these devices, of which 48 people needed medical treatment for injuries. There were 41 incidents involving elevators or related equipment and 19 incidents related to amusement rides. Incidents increased substantially from the previous year in both categories with 36 and 10 reported, respectively. The number of routine inspections conducted decreased from FY 2009 as did the number of new inspections.

The Employment Discrimination Bureau stands behind the Retaliatory Employment Discrimination Act that was enacted in 1992 following a plant fire at Imperial Foods in Hamlet. The disastrous incident was cause for whistle-blowers to be protected from employers who retaliated against them when reporting unsafe conditions at work. For FY 2010, there were 14 percent more complaints filed for safety and health concerns than the previous year. Overall, the bureau received 794 complaints, which was a 2 percent increase from FY 2009. Only 13 percent of the cases were settled last year, which leaves a lot of employees hanging in limbo and without compensation.

Since 1897, the North Carolina Department of Labor has been evaluating worker safety in the Mine and Quarry Bureau. They often offer seminars and training to miners and their employers to promote health and safety while performing their job underground. In FY 2010, there were 448 inspections of abandoned and active mines. The illness and injury rate per 100 full-time workers in the minerals industry in North Carolina was 2.23 last year.

The Compliance Bureau works within the laws, regulations and rules of occupational safety and health set forth by the government. The average number of compliance violations per inspection was 3.6 in FY 2010. In total, North Carolina companies were handed 10,387 total violations that resulted in $5,850,453 in penalties. A restricted budget for FY 2010 led to fewer compliance inspections than in any previous year since FY 2001.

On a more positive note, there were almost 6,900 hazards identified and eliminated by the Consultative Services Bureau in FY 2010. Of these hazards, 78 percent of them were considered serious hazards that could have fatally injured a worker if left undetected.

After reviewing the report, one thing is evident. It is extremely important that safety inspections continue to be conducted to help keep workers safe and hazard-free. Employers owe it to their workers to create a safe environment and to help prevent illness or injury. Equally important, they should certainly be held accountable when they fail. We appreciate the labor department keeping companies in check.

Continue reading "North Carolina Employers Average 3.6 Violations per Safety and Health Compliance Inspection in 2010" »

In a recent South Carolina court case, it was determined that a certain workers' compensation claim was not filed within the statute of limitations. Because it was filed late, the claim was denied, leaving the person involved with no compensation for a health condition that she believes was caused by her former employer's workplace.

This is why our North and South Carolina workers' compensation attorneys want to remind you that missed deadlines and other procedural errors can ruin a case.

In a previous post on our North Carolina Workers' Compensation Blog we reported on the dangers of a dusty work environment.

In the denied claim case, the client was an employee for Respondent National Service Industries, a linen company. The client described her workplace environment as poorly ventilated, sticky and hot, with dust and lint in the air.

The client reports being exposed to bleach fumes and not wearing any personal protective equipment (mask). She started to have sinus and breathing issues in 1992. Furthermore, she indicates that she never had sinus or breathing problems in the past. She was diagnosed with a pulmonary and respiratory condition called sarcoidosis in 1995.

Patients with sarcoidosis often experience a dry cough, chest pain, trouble breathing, fever, fatigue, joint pain, headaches, rashes and itchy/watery eyes.

Because the client's doctor did not know what caused her condition she did not pursue the case any further. Fast forward 10 years to 2005 when the client went for a second opinion. Again her doctor could not confirm that her condition was caused by her work environment, but the exposure to fumes and airborne particles did worsen her condition. The client filed a workers' compensation claim based on this new information. The claim alleges her working conditions at the linen firm caused the damage to her respiratory system. Remember, she was diagnosed with sarcoidosis back in 1995 but had no idea it was related to her working conditions.

One commissioner found the client had sustained a compensable injury but the full commission overturned that decision. The full commission found the client's claim was disqualified by a two-year statute of limitations.

The findings of the full commission determined that the client knew about her poorly ventilated working environment and with some investigating on her part, could have realized she had a claim earlier than her 2005 filing date. An appeal was filed but the Court of Appeals, the circuit court and the Supreme Court all affirmed the full commission's decision.

The exact cause of sarcoidosis is unknown but possible causes include:

-An acute immune reaction to infection.

-An elevated sensitivity to environmental factors.

-Genetic factors.

Earlier this year, an Occupational Safety and Health Administration press release announced the development of two documents to help both employees and employers understand the use of spirometry testing to prevent and reduce exposures to respiratory dangers in the workplace. This testing would provide early detection of breathing problems or changes to employee's lung function.

Continue reading "Court Case Demonstrates Need for Skilled North Carolina Workers' Compensation Lawyer" »