North Carolina Workers' Compensation Lawyers Blog

According to the United States Department of Labor (DOL), Acting Secretary of Labor Seth D. Harris will re-establish the charter of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH).

This program was launched back in 1995 to help the secretary of labor oversee safety in the maritime industry. Within this plan was the blueprint for keeping workplaces safe and improving health standards while reducing the risks of injury and illness. The plan also requires employers to properly train workers and sets forth the enforcement initiatives to make sure that everyone is doing their job in this dangerous industry.

Our Wilmington workers' compensation lawyers understand that shipyard work is traditionally very dangerous. There are hazards at almost every turn. And for this reason, the injury rate in this industry is about twice that of the construction industry and that of the general industry. Officials with the Occupational Safety & Health Administration (OSHA), have a strategic plan to help to reduce the risks of injuries and illnesses and fatalities for these workers.

Officials with the DOL think that by re-establishing the MACOSH, they will be able to help to protect the safety of those in the maritime industry. This industry was chosen by officials with the DOL because of that high injury, illness and fatality rate. Officials will be creating guidance materials, rulemaking updates and a number of other activities to help to shift the industry's focus back onto safety.

When working in a shipyard, there are a number of dangers you're up against:

-Working with scaffolds.

-Fire/electrical dangers.

-Heavy machinery.

-Pressure vessels, drums and containers.

-Work clutter.

Cluttered work areas can lead to accidents and cause worker injuries, due to slips, trips, and falls, being struck by falling objects, impeded access to exit routes and firefighting equipment, and fires because of improper disposal of flammable/combustible materials (such as rags, paper, cardboard). It's critical to make sure that each work area is properly organized and clean. It's thoughtless hazards like this that can cause some serious injury.

Other risks are associated with lifeboats. These accidents oftentimes result when a worker falls out of a lifeboat or the lifeboat is released from suspension with a worker inside. Confined and enclosed space operations have a greater likelihood of causing fatalities, severe injuries, and illnesses than any other type of shipyard work. Hazards include fires and explosions, falls, and hazardous atmospheres. It's important that there is always a Shipyard Competent Person (SCP) on site to evaluate required spaces to make sure everyone is safe at all times.

A large portion of risks for these shipyard workers are associated when working in small, confined spaces.

It's important to make sure that everyone on the boat and in the shipyard is properly trained, especially in first-aid attention. Injuries to workers may worsen due to inadequate or delayed access to medical treatment.

Continue reading "New Federal Efforts to Keep Shipyard Workers Safe" »

During a recent explosion at a flour mill in Statesville, one worker was injured. According to WCNC, a wall collapsed in the 8:30 a.m. explosion. Accident reports indicate that it happened as two maintenance workers were fixing a piece of equipment located in the basement of the Bartlett Milling Co. on South Center Street.

When one of the workers turning the power back on, a spark was ignited and a flash fire resulted. The second man, who was located in the basement, was injured in the accident. Luckily, his coworker was able to get him out of the building in time. He was transported to Iredell Memorial and then later taken to Wake Forest Baptist Medical Center.

Our Statesville workers' compensation lawyers understand that this three-alarm fire caused one of the building's walls to collapse. Unfortunately, that made it difficult to contain the fire after the blast. There were roughly 25 people working in another area of that building. They were able to get out safely.

The truth of the matter is there is combustible material found in many workplaces. This material can burn rapidly. If this kind of dust is suspended in the air at the right concentration, in the right conditions, in can become explosive. Beware: materials that aren't even flammable or do not burn in larger pieces (like iron or aluminum) can explode in the proper conditions.

According to the Occupational Safety & Health Administration (OSHA), the force from these kinds of explosions can cause some serious damage. These explosions can oftentimes kill people, cause serious injures and destroy entire buildings.

Remember the West Virginia titanium dust explosion back in 2010 that killed 3 workers? Or the sugar dust explosion back in 2008 that killed 14 workers? From 1980 to 2005, officials with the U.S. Chemical Safety and Hazard Investigation Board (CSB) found more than 280 combustible dust accidents. These accidents lead to close to 120 worker fatalities and more than 715 employee injuries. These explosions also cause some serious damage to a number of industrial facilities.

What materials are combustible? Believe it or not, food is combustible, including feed, flour, starch, spice, sugar and candy, grain, fossil fuel, metals, coal, dyes, pharmaceuticals, pesticides, textiles, furniture, rubber, pulp, paper, wood, plastics and tobacco.

Employees are the first line of defense in preventing and mitigating explosions and fires. If the workers who are closest to the source of the danger/hazard are trained to recognize and prevent the risks associated with combustible dust in the workplace they can be key in recognizing unsafe conditions, taking preventative action, and/or alerting management. All of these steps can help to save lives and prevent workplace damage.

Currently, there are OSHA standards that require certain workers to be properly trained, but it's important to make sure that all workers are trained in safe work practices applicable to their job tasks. This means that they should also be trained on the overall plant programs for dust control and ignition source control. Workers should be trained before they start the job with your company, periodically to refresh their knowledge, when they are reassigned on the job and when hazards or processes change.

Continue reading "Statesville Explosion Injures Maintenance Worker" »

Amputations are some of the most serious and debilitating kinds of injuries one can sustain in the workplace.

These types of injuries are not uncommon and can result from a number of activities and equipment. According to the Occupational Safety and Health Administration (OSHA), amputations happen most often when employees are working with unguarded equipment on inadequate safeguards.

These accidents often occur while working with food slicers, roll-forming and roll-bending machines, printing presses, conveyors, power press brakes, slitters, grinders and shears. They can also happen when working with forklifts, trash compactors and even hand tools.

The most common amputations result in trauma to the hand, wrist, finger, arm, foot and leg. Sometimes a body part can be crushed so severely in an accident that it needs to be amputated.

Our Asheville workers' compensation attorneys understand that amputations are often life-altering injuries. OSHA has standards in Title 29 of the Code of Federal Regulations to protect workers from amputations in the workplace. But just because these regulations are in effect, doesn't mean that employers are listening and working to prevent injury.

According to the National Limb Loss Information Center, there are more than 1.5 million people who are currently living with limb loss. This means that one out of every 200 people in the U.S. is dealing with an amputation.

According to the Bureau of Labor Statistics (BLS), there were more than 170 fatal workplace amputations in the U.S. from 1992 to 1999. In addition to these fatalities, there were another 90,000 amputation injuries reported during the same time period. Although these kinds of injuries account for less than 1 percent of injury-related and fatal accidents during the 8-year period, the seriousness of these cases often impacts the employee and the employer much more profoundly than other kinds of injuries. Because of their severity, these kinds of injuries have received increased attention in recent years.

According to the US Department of Labor, approximately one half of all amputation injuries occur in the manufacturing sector in the United States. While amputation injuries are more likely to occur when you use machinery or heavy equipment as part of your job, amputation can unfortunately happen to anyone who is involved in a serious workplace accident.

Many believe that these numbers don't tell the whole story. According to Michigan State University, federal officials aren't tracking these injuries properly. According to a recent University study, the number of amputations following on-the-job accidents in the state was close to two-and-a-half times higher than the official estimate from the BLS.

Researchers looked at more than 615 work-related amputations throughout 2008. According to federal estimates, there only about 250 amputations during this time.

How can we fix these problems if they're never reported? This goes the same as workplace hazards. You've got to speak up and let someone know about your concerns. If no one knows, how can you expect change? Communication is a key in keeping your workplace safe.

Continue reading "Amputations Underestimated in Carolina Workplaces" »

Employers have many obligations when it comes to workplace safety. In addition to maintaining a safe workplace and purchasing workers' compensation insurance for their employees, employers must also follow OSHA rules when it comes to reporting injuries.

Our Greenville work injury lawyers urge all employers to ensure that they understand and follow the OSHA injury and illness recordkeeping and reporting requirements. OSHA mandates that serious work injuries and occupational illnesses must be reported and that employers must keep records of work-related injuries and illnesses. The recorded information helps OSHA to track work injuries and identify dangerous worksites.

OSHA Reporting Requirements
OSHA provides information on reporting and record keeping in 29 CFR 1904. According to this regulation, covered employees must use the OSHA 300 log in order to prepare and maintain records of any serious injuries.

Employers who have ten or more employees who are not exempted under OSHA regulations must not only use the OSHA 300 log but must also detail injuries and illnesses using Forms 300A and 201. Illnesses and injuries that must be recorded include:

• All work-related fatalities. Workplace deaths must also be orally reported to OSHA within eight hours of the death occurring, provided the employer is covered by the OSH Act.


• All work-related injuries and illnesses that cause a worker to miss work or that necessitate a worker being transferred to a different job or restricted in the work performed.


• All significant work-related injuries and illnesses that are diagnosed by a physician or a licensed health professional. Any illnesses or injuries that require treatment beyond basic first aid should be reported.


• Chronic and acute illnesses including skin diseases; respiratory problems and poisoning that result from exposure to toxins in the workplace.

OSHA mandates that records of these and other workplace injuries be kept any time the workers' health problems are "work-related." OSHA defines work-related injuries, illnesses or fatalities as any condition that was caused by doing work, or that the work environment contributed to in any way.

Reporting and record-keeping requirements also mandate that employers take note of when a pre-existing injury or illness has been made worse as a result of work duties. For example, if someone who was already suffering back problems hurt his or her back more severely at work, then the worsening of the original back injury could be considered a work-related problem and the injury would need to be recorded.

OSHA uses the records and reports produced in order to analyze hazards within an industry; in order to draft and implement worker protection regulations to reduce or eliminate hazards; and in order to evaluate workplace safety.

Employers who are required to complete Form 300 must also complete and post Form 300A in the workplace each year from February 1- April 30. Form 300A is a summary of work-related illnesses and injuries that occurred. Employees and/or their representatives have a right to see this annual posted summary so they can better understand the hazards and safety conditions in the workplace.

Continue reading "Record-Keeping and Reporting of Work Injuries Required by OSHA" »

Workers' compensation laws in South Carolina are supposed to cover all employees. Unfortunately, the laws do not take into account the special nature of the jobs that police officers and firefighters perform within the community. As a result, those working in these demanding and heroic jobs may not have the workers' compensation coverage they need.

According to The State, Lawmakers in South Carolina are now aiming to expand workers' compensation to provide additional coverage for mental injuries that law enforcement may face. Our South Carolina workers' compensation lawyers are firmly in support of efforts to broaden the coverage for those workers in the most emotionally demanding jobs in the state.

Workers' Comp Claims for Mental Injuries
While workers' compensation is supposed to cover all injuries that arise as a direct result of work duties, there are limits on when mental injuries are covered. If you are facing only mental damage and not physical damage, the standard is that you can obtain workers' compensation benefits only if your mental stress is caused by extraordinary or unusual job conditions.

In October of 2009, a Spartanburg County sheriff's deputy shot a man who was threatening to kill him. Unfortunately, the sheriff's deputy is suffering from post-traumatic stress disorder after the incident. The deputy has tried to kill himself twice since the shooting, and he has not been able to work since it occurred.

The deputy is currently collecting police disability retirement pay. However, he attempted to make a workers' compensation claim and was denied benefits. The Supreme Court in the state ruled that law enforcement can expect they may need to use lethal force over the course of their work and that the event that caused the deputy's post-traumatic stress disorder was thus not "extraordinary and unusual."

This raises many concerns. First, the goal is never for law enforcement to kill someone, so it is questionable to argue whether the shooting truly was not "extraordinary and unusual." The more pressing issue, however, is that this definition and standard for workers' compensation benefits may be hard to meet and may prevent a first responder from getting benefits to which he truly should be entitled.

Police, firefighters and other first responders are exposed to many upsetting or traumatic things over the course of their job that could be considered an "ordinary" part of performing their work. Even "ordinary" exposure to violence, murder or death could, however, cause an officer or first responder to experience PTSD or other mental issues. If and when these issues can be directly tied to their job, denying them workers' compensation undermines the purpose of workers' compensation claims.

Lawmakers recognize this and are now trying to change the rules. The House Judiciary Committee offered a bill towards the end of February 2013 that would exempt public safety workers including firefighters, EMS workers, police and corrections officers from the "extraordinary and unusual" standard. If the bill becomes law, workers' will have a broader ability to obtain compensation for their work injuries that occur on the job.

Continue reading "South Carolina Lawmakers Aiming to Change Workers' Comp Laws for First Responders" »

A ruling of close to $500,000 was recently overturned by officials with the North Carolina Court of Appeals, according to the Fayetteville Observer. The suit was against Fayetteville's Goodyear Tire & Rubber Co. plant where an employee claimed harassment and wrongful termination. The employee claimed that she was wrongfully terminated from the plant after stepping forward with racial discrimination and harassment.

The count decided to overturn a Cumberland County decision to award to a 2-year worker of the plant. They overturned the ruling because they "discovered" that she brought her case to the wrong venue.

Our Fatetteville workers' compensation attorneys understand that this isn't hasn't been the only bad news received by workers at the plant. A worker was recently denied further healthcare compensation for a back injury that happened back in 2000. We understand that workers show up on the job each and every day with the expectations of being protected on the job, and provided the proper compensation should something catastrophic happen on the job. Unfortunately, companies and the courts don't always have your best interest in mind -- and that's where an aggressive attorney. If you feel like you've been wronged on the job, it's critical for you to recruit experienced representation to help you to fight for the compensation that you deserve. Those who are fired or otherwise retaliated against for reporting a work injury or dangerous working conditions are protected from such actions by both state and federal law.

According to the recent ruling on the harassment and wrongful termination case, the victim claims that she was repeatedly harassed by her supervisor. She's black and she says that this was the basis of the harassment, in addition to discrimination against her for being a female.

In court, the worker claimed that her supervisor belittled her and screamed at her in front of other workers. She said that she felt intimidated and threatened.

"Plaintiff's supervisor's behavior toward plaintiff was obnoxious and rude; the harassment was verbal and involved some forms of intimidation but did not involve anything of a sexual nature nor did it involve any physical contact with plaintiff," said Donna Stroud, Judge with the Court of Appeals.

The employee claims that there were two additional black females (with Bachelor's degrees) who were overlooked for management positions. She goes on to explain that a Caucasian man who only made it through high school was granted the job. She says that she was informed that management experience and a degree were the only two requirements for the position.

The employee decided to file a complaint back in June with the Equal Employment Opportunity Commission in June of 2009. Reports indicate that she was told to leave the company in August of the same year.

Officials with the Cumberland County Superior Court found that the company was guilty of wrongfully firing her, but was not responsible for discrimination. In addition, also denied her claim for emotional distress.

Continue reading "Woman's Harassment Claim Overturned by Court of Appeals" »

The North Carolina State's Centennial Campus witnessed a fatal work accident recently.

It happened when a worker got trapped under several feet of dirt while completing a trench project, according to NBC 17. The North Carolina State Police report that workers were hired with J.F. Wilkerson Contracting in Morrisville. They were installing a 16-inch, 18,000-foot line pipe when the trench collapsed. The accident site was near the intersection of Achievement and Main Campus Drive. The 39-year-old worker wasn't recovered by emergency responders until about two and a half hours after arriving on the scene of the accident. They had to vacuum out the soil from the trench. They weren't able to approach it any other way because of the unstable ground conditions.

Our Raleigh workers' compensation lawyers understand that there were close to 300 workers who were killed in trenching and excavation accidents in the U.S. from 2000 to 2006.

According to the Centers for Disease Control and Prevention (CDC), close to 70 percent of these fatalities occur within companies that have less than 50 employees. Regulations and consensus standards describe engineering controls, protective equipment, and safe work practices to minimize hazards for workers during trench work and excavations. Employers need to make sure that they know these regulations inside and out before starting any project. The safest of their employees relies on it.

The project is run by the City of Raleigh. These water lines were eventually going to lead to Lonnie Poole Golf Course.

The company hired for the job was recognized back in 2006 as an overall winner for a national safety award by the National Utility Contractors Association.

Joe Wilkerson, the founder of the company, said that he decided to make safety a number one priority when he saw his company noted for having a poor safety record in The News & Observer in the 1970s.

This isn't the first time the company has worked with the city either. In the project's case, they were the lowest responsible bidder and were therefore chosen for the job.

The truth of the matter is that these kinds of jobs are extremely dangerous and require the utmost attention to detail to ensure that all workers are safe! It's important to make sure that all workers are properly trained. The job needs to be planned well in advance and the proper safety equipment needs to be provided to workers at no cost. There should never be any workers under the age of 18 in these trenches. Companies are also urged to call 8-1-1 before digging into the ground to avoid hitting any utility line and to avoid causing a serious accident. Trenches should never be approached or entered when unprotected. Safety is a group effort. Make sure your employer and your fellow coworkers keep safety as a number one priority!

Continue reading "Worker Killed in Excavation Project on NC State's Centennial Campus" »

Wal-Mart is headquartered in Arkansas. There's a clothing factory in Bangladesh where products manufactured for the big-box giant are manufactured. A fire there recently killed 100 workers, many of them unrecognizable due to the severity of their injuries.

In the U.S., the Triangle Shirtwaist fire of 1911 resulted in the implementation of the nation's first work-safety laws. In this accident, there were close to 150 workers who jumped to their deaths or were incinerated after they discovered that the exit doors of the building were locked. A very similar situation in Bangladesh -- at the Faded Glory factory -- happened recently.

Wal-Mart may be off the hook in this particular incident because it had already severed services with the factory because of bad reports regarding its fire-safety provisions, but one of the suppliers in the company's very long supply chain decided to continue to subcontract the work.

Conditions at the factory were deemed in violation of Wal-Mart's policies, according to The Washington Post's Social Reader.

Our Rock Hill worker's compensation attorneys understand that Wal-Mart's production system is to hire as many workers as possible through contractors and subcontractors. These workers are to help to increase Wal-Mart's ability to keep prices low.

Still, American workers right here in our country are exposed to some of the same working conditions. There are some getting less than minimum wage and are forced to work in unsafe warehouses.

Logistics companies run these warehouses, many supplying employees through more than 200 temporary employment companies.

Last year, the state of California and the Department of Industrial Relations caught wind that many of these employees may have been cheated. As a result of an inspection, one of the logistics companies involved in these warehouses was charged for neglecting to provide workers with the proper pay stubs and other appropriate info for their pay. Wal-Mart wasn't charged in this case, but that's the beauty of its chain of deniability.

Some of these workers have been stepping up in recent weeks, speaking about the unfair treatment and their low wages. Many of these workers don't even have any kind of health benefits. On Black Friday, more than 1,000 Wal-Mart stores saw employees and advocates blocking off roadways and protesting the unfair treatment of the workers, according to Democracy Now. Here's another denial from the company: Wal-Mart pushed back, saying it knew of only a "few dozen" protests, and that most of the protesters were not its employees.

One of the largest of the protests across the country was in Paramount. Los Angeles officers even ended up arresting three people -- all Wal-Mart workers.

But Wal-Mart isn't taking any responsibility for either of these accidents or for any employee treatment. As the country's biggest private-sector employer, their emergency exits are always kept open!

Continue reading "Factory Fire Shines Light on Unsafe and Unfair Work Conditions" »

It seems like everything is open 24-hours a day. Convenience stores might be some of the most popular of these establishments. They might also be some of the most dangerous, especially for the workers.

The truth of the matter is that employers are to take steps to help to protect their employees. Our Charlotte workers compensation attorneys urge employers to take some simple safety precautions to protect workers -- safety precautions that can save lives. Some of these steps might be to make sure that there are safe parking lots, safe lighting, security cameras and even an alarm system. It's also important that no one is working alone at night. When you think about it, there are actually some common-sense resolutions to help to reduce the risks of a robbery at these convenience stores.

A good question for a store owner to ask is 'do the rewards of staying open all night outweigh the risks that are associated with operating during this time?' Unfortunately, this is a question that's oftentimes ignored until a robbery or another work accident happens. According to the latest stats, workers in convenience store are more likely to be the victim of a homicide or a robbery than any other job occupation other than taxi drivers.

In these kinds of incidents, it's oftentimes innocent and hard-working families that are impacted the most. Many of these workers come from low-income families and do not have the funds to deal with the repercussions. This is where an experienced attorney can often help. Experienced representation can help you to get the benefits that you deserve and the benefits that can help you to move forward from one of these devastating work incidents.

Although nothing can truly compensate for the loss of a loved one, an attorney can help families in the wake of a fatal work incident. When you think about the costs, they add up quickly. You've got to deal with burial costs, which can run at least $8,000. The spouse of the victim is entitled to receive close to 70 percent of weekly pay, but no more than $500 a week and with a cap of $150,000. The children of a worker who has been killed on the job are also entitled to death benefits. They can receive these benefits until they're 21-years-old if they're enrolled in college. The average cost of a robbery, one single event that's categorized as workplace violence, is about $300,000 in damages.

According to the U.S. Department of Justice and the Federal Bureau of Investigation, convenience store robberies account for close to 10 percent of all of the robberies that are reported to police officers. There are some locations that are at higher risks that other, too.

If you're ever the victim of a robbery, you're urged to not resist. When you try to fight back, you face higher risks for injury and fatal violence.

Continue reading "Convenience Stores Robberies and Work Injuries in North Carolina" »

Officials with the Wage and Hour Division (WHD) in the U.S. Department of Labor (DOL) have provided you with a "Know Your Rights" video webpage. This page is provided in both English and Spanish and works to provide workers across the nation with some basic information regarding different scenarios that employees encounter in the workplace.

Through these videos, workers are provided the information and resources to correct misinformation, like what the real federal minimum wage is, when you're entitled to overtime pay, when your employer is required to pay you, when you're on of off the clock work is eligible for compensation, when you're an employee and when you're an independent contractor, what your rights as a U.S. worker are, if seasonal workers are subject to the same work laws and how to go about filing a complaint with WHD.

Our Greensboro workers' compensation attorneys understand whether you are classified as an employee or independent contractor can impact whether you are covered by workers' compensation in the event of a work accident. Independent contractors typically are not covered by an employer's workers' compensation insurance and may not be entitled to other wage-and-hour benefits. Consequently, authorities continue to find employers who are maximizing profit by miscategorizing employees as independent contractors.

Of course, employees are also entitled to fair wages. That's why we have federal and state minimum wages. In the state of North Carolina, the minimum wage is $7.25. This is the same as the current federal minimum wage. Workers are also required to be compensated for their overtime pay. This is the pay for hourly workers who work over 40 hours a week. These workers must be provided with compensation that is one-half times their regular rate of pay, according to the United States Department of Labor.

Here are some answers to some common questions from employees regarding their rights of minimum wage and compensation on the job:

What are wage and hour laws? These laws are set forth and are used as the standards for work time and compensation for this time. These standards cover meal time, rest breaks, overtime, hourly compensation, when you're to be paid, what is paid for by the employer and so on and so forth.

What's minimum wage for employees who earn tips? Tipped workers are only required to be provided with an hourly wage of $2.13. This holds true as long as the tips they're earning in an hour at least meets the minimum wage for the state.

When do I get overtime? When you work more than 40 hours a week as an hourly employee or when you work more than 45 hours for recreational or seasonal amusement establishments.

Do I get a rest break or a lunch break? In the state of North Carolina, employees are not required to provide breaks or lunch breaks for workers. On the other hand, if you are taking a break and you're asked to do work during this time, you must be paid for it. Typically, workers who are provided with short 20 minute breaks are compensated for this time, too.

Continue reading "Protecting Your Rights as a N.C. Employee" »

The Occupational Safety and Health Administration (OHSA) recently revised a directive to help protect those who work at marine terminals and the rest of those who work in the marine cargo handling industry.

The new directive helps to lay out the details and enforcement guidance for inspections of longshoring operations. It's being used to help to minimize, and ultimately eliminate, work hazards for these workers. It's focusing on requirements for personal protective equipment (PPE) and the safe operation of Vertical Tandem Lifts (VTLs).

"Too many workers are getting injured on the job," said Assistant Secretary of Labor for OSHA David Michaels.

Our Charlotte workers compensation attorneys understand that there were nearly 10 workers who were killed and close to 3,000 who were injured in 2010 while performing marine cargo handling operations. These workers oftentimes face serious hazards on the job. These areas are so dangerous that workers are to be provided with a Waterfront Commission Identification Card so that they can be identified at any time. This fast-paced work environment includes all kinds of hazards if workers and employers are not on the ball or lack basic safety training and equipment. Employers and employees are urged to review the new directive and to share the information with others on the job site. Awareness is one of the keys against work accidents.

Provided with the Newly-Revised OSHA Directive:

-Details pertaining to PPEs will be provided. These devices to be provided to workers at no cost to them.

-Information regarding VTLs. In this portion of the directive, there will be info on the regulations and the recent court ruling on a challenge by industry to those regulations.

-The new directive also includes Marine Terminals and Safety and Health Regulations for those who engage in longshoring activities based on Phase III of the Standards Improvement Project.

-Incorporated into this directive is the settlement agreement between OSHA and the National Grain and Feed Association Inc.

-There are also answers to some of the most frequently asked questions in the industry.

-Cargo handling health and safety information is also now available on the internet with various informational links.

Currently, the Longshoring standards and the Marine Terminals standards regulate this industry. The new directive is used to help to enforce these standards.

Hazards that Can Affect Longshoring Workers:

-Toxic Metals

-Solvents

-Isocyanates

-Ergonomics

-Electrical

-Asbestos

-Confined Spaces

-Diesel Exhaust

-Ventilation

-Metalworking Fluids

-Occupational Noise Exposure

-Hand and Power Tools

-Falls

-Spray Operations

Some of the most common maritime work accidents happen during offshore oil rig mishaps, on cruise vessels, on commercial fishing rigs, on tugboats, on cargo ships and crude oil tankers, during the grounding of ships, because of drugs and alcohol, during crane mishaps, on shipyards, on driving support vessels, on barges and during cargo hauling.

Continue reading "Newly-Revised OSHA Directive to Protect Maritime Workers" »

From 2003 to 2009, there were more than 330 fishermen who were injured on the job in the United States. According to the United States Bureau of Labor Statistics (BLS), the rates of work accidents in this industry tend to be more volatile because of the small number of workers in this industry.

As a matter of fact, these rates have been well above those of other workers in recent years. The fatal injury rate for fishers and related fishing workers was more than 203 per 100,000 full-time equivalent workers in 2009. This is a rate that's more that 50 times higher than the all-worker injury and illness rate of less than 4 per 100,000.

Workers in this industry are subjected to work conditions that are unlike any other. They work long, strenuous and seasonal hours. They also face some of the most dangerous work conditions out there. Many fishers are at sea for months at a time. Our Charlotte workers compensation attorneys understand that these workers are required to work in these dangerous conditions oftentimes with no sleep at all. They are constantly being tossed around boat decks and face the risk of being drug overboard by equipment. Weather doesn't stop their work and they don't have the luxury of working in an office building. Their work conditions change on a day-to-day basis.

The outside world has been able to get a sneak peek into what these workers actually have to go through, with the production of TV shows like Big Shrimpin', Deadliest Catch, Swords, Hook Line and Sisters, and Toughest Tribes 3.

These workers have had the highest work-related fatality rate over any other occupation since 2005, yet we rarely hear about it. In 2009, there were more than 30,000 fishers and related workers employed in the United States.

Unfortunately, the information regarding illnesses and injuries is limited to the private sector. The nonfatal injuries and illness information that is collected, does not include those who are self-employed, but the fatal injury data does. This is relevant because more than half of those who work as fishers are considered to be self-employed.

In the U.S., there were more than 600 fishers and related workers who were injured badly enough that they had to take time off of work from 2003 to 2009.

Top Causes of Work Injuries from 2003 to 2009:

-Contact with equipment or objects accounted for about a third of all injuries.

-Overexertion accounted for more than 15 percent of all injuries.

-A third of these accidents were strains and sprains.

-Close to 40 percent involved the trunk as the body part affected.

-The rate for injuries and illnesses resulting in days away from work was more than 72 per 10,000 full-time workers in 2009.

Continue reading "Fishing: Most Dangerous Occupation in the Nation" »

The number of fatalities on construction sites is on an upward trend. More and more construction workers are being killed in accidents that could be prevented if better safety precautions were taken. For this reason, officials with the Southeast regional offices of the Occupational Safety and Health Administration (OSHA) are working to increase enforcement efforts.

Officials are focusing on falls, which are one of the four top causes of worker deaths in the Southeast.

The enforcement efforts start on the 20th of August. Officials will be looking for hazards on work sites that may cause a fall accident. OSHA officials will be conducting unannounced inspections on work sites throughout the area. Officials will also be immediately addressing the hazards they find during their inspections.

Our Rock Hill workers' compensation attorneys understand that there were more than 600 employees killed because of fall accidents in the U.S. in 2009. According to the Bureau of Labor Statistics (BLS), there were another 213,000 people injured in these same kinds of accidents during the year.

"OSHA's goal is to raise awareness about fall hazards and eliminate those conditions that lead to employee deaths," said Cindy Coe, OSHA regional administrator.

The construction industry continuously experiences the highest frequency of fall-related deaths year after year.

Common causes of work-related fall accidents:

-Slippery floors.

-Cluttered walkways.

-Unstable walking surfaces.

-Unprotected edges.

-Holes in walking surfaces.

-Openings in the wall.

-Unsafe ladders.

-Misused fall protection.

Fall accidents, injuries and fatalities rack up a heck of a lot of medical costs and workers' compensation costs every year. Officials with the National Safety Council (NSC) estimate that fall accidents tally a bill of about $70 billion every year.

When you"re required to work from heights, like on roofs, scaffolds and ladders, your employer is required to make sure that the job gets done safely. This means that the job site and each worker is provided with the proper safety equipment that they need. Before accepting a job, employers and supervisors need to review the work site and determine what safety equipment is needed. When estimating the cost of a job, all of this information should be included.

Safety Tips to Prevent Falls:

-Make sure the safety harness is always connected.

-Make sure that your harness fits correctly.

-Make sure that all fall protections is inspected before use.

-Make sure that all openings, holes and skylights are guarded and covered.

-Never work near areas that you feel are dangerous.

-Never disconnect from the lifeline.

-Never use defective equipment.

Workers are urged to take a look around their work site. Make sure that your area or work is safe for you and what you need to do. If you think that your safety is in jeopardy, speak up and talk to your supervisor or your boss. Your company is required to make sure that you're protected from work-related hazards, injuries and accidents.

Continue reading "Work Injury Watch: Southeast Officials Pushing Fall Safety on the Work Site" »

Some of the most common work accidents in Greenville and elsewhere are transportation accidents. For many of us, driving is the most dangerous thing we'll do all day. Every time we get behind the wheel, we're at risks for a fatal accident, regardless of how safe our driving habits are.

Officials with the Occupational Safety and Health Administration (OSHA) are working to help to give employers some guidelines to help to reduce the risks of motor vehicle accidents on the job.

According to accident reports, someone is killed in a traffic accident every 12 minutes and someone is injured in these same incidents every 10 seconds. Every 5 seconds, there's a traffic accident somewhere in the country. Many of these accidents happen during the workday or during the commute to and from work. Employers bear much of the costs for injuries that occur both on and off the job.

Why Employers Should Focus on Transportation Accidents:

-To help to protect workers and to reduce their risks of such serious accidents.

-To help to protect the company's human and financial resources.

-To help to protect potential company and personal liabilities that are associated with accidents involving workers who driving on company time.

Each year, traffic accidents cost employers nearly $100 billion. These costs include medical care, legal expenses, property damage as well as productivity costs. These accidents drive up the costs of benefits, like workers' compensation, private health and disability insurance as well as Social Security.

A single traffic accident costs an employer and average of about $17,000. When a worker has a work-related traffic accident with an injury, the cost to the employer shoots up to about $75,000. Costs can exceed $500,000 when a fatality is involved.

Employers are urged to create and enact on-the-job policies for their driving employees. These policies should include:

-Prohibiting the consumption of drugs or alcohol during work hours.

-Banning text message and cell phone use for employees behind the wheel.

-Limiting the number of consecutive hours that a worker can spend driving in a day.

-Making sure that all drivers are properly licensed for the vehicles they're operating.

-Properly maintaining and inspecting work vehicles on a regular basis.

-Rewarding drivers with safe driving records and safe driving habits.

-Requiring all drivers to wear a seat belt during every trip.

Continue reading "Driving Employees Face High Risks of Work Accidents in Greenville and Elsewhere" »

broken pelvis.

The company, Zipline Adventures, reports that the employee did not clip his safety harness to the line, fell backwards off of the platform and dropped 60 feet to the ground below.

According to a spokesman for the South Carolina Department of Labor, Licensing and Regulation, the accident is being investigated as a work accident instead of an amusement part ride accident. The Department typically inspects amusement rides statewide. Now, the accident could possibly be investigated by the South Carolina Occupational Safety and Health Administration (OSHA).

The manager at the company says that accidents are not typically a problem at this attraction. He says that the ride actually has a perfect safety record. This is the third season of the attraction. He adds that an accident of any kind is going to reflect poorly on the company.

"Anytime you hear of any type of an accident, it makes you go back and relook at your process, make sure you're doing things as well as you can," said Robert Stinnett with the zip line company.

There are approximately 100,000 visitors to the zip line attraction each year. In three seasons, they've had no accidents that required more than a band-aid, until now.

The company will be taking its own look into the accident and will be looking at any safety issues that might need to be addressed, although they're positive that this incident was just a fluke.

Zip lines have been making headlines for the wrong reasons lately. You might remember the 24-year-old girl from Georgia who is suffering some serious and life-altering injuries after contracting a flesh-eating bacteria, aeromonas hydrophila bacteria, from a zip line attraction. She has already had one of her legs amputated and may soon require amputation of some of her fingers.

The truth of the matter is that working with any type of mountain tour business or other tourist attraction can be dangerous. Many times, these tours and attractions work to bring some excitement into participants' day. Unfortunately, this excitement can be dangerous. As an attraction company, just as with any other company, safety should be a number one priority -- for both employees and guests.

Continue reading "Zip Line Accident in Myrtle Beach Seriously Injures Attraction Employee" »