Chicago Workers' Compensation Attorney Blog

The Occupational Safety and Health Administration (OSHA) announced it is withdrawing its proposed explanation, "Interpretation of OSHA's Provisions for Feasible Administrative or Engineering Controls of Occupational Noise."

The explanation would have clarified the term "feasible administrative or engineering controls" used for OSHA's noise standard. The proposal was published in the Federal Register in October. Clarification could have required better protection from Illinois work injuries caused by noise in the workplace.

OSHA wanted to augment earplugs with engineering and other administrative efforts to reduce noise in the workplace when such controls are feasible. OSHA wanted "feasible" to mean “capable of being done” or “achievable.”

Our Chicago workers' compensation attorneys have expressed our concerns on workplace hearing loss on prior posts to our Chicago Workers' Compensation Attorney Blog.

"Hearing loss caused by excessive noise levels remains a serious occupational health problem in this country," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "However, it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated. We are sensitive to the possible costs associated with improving worker protection and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards."

Earlier this month Dr. Michaels met with members of the Senate Committee on Small Business and Entrepreneurship. A letter was sent by Senators Olympia Snowe and Joseph Lieberman prompting the meeting, these two senators also are co-chairs of the Senate Task Force on Manufacturing.

It is no surprise the senators are concerned, according to the Centers for Disease Control and Prevention hearing loss is the most common occupational illness in manufacturing. Over 16 million people work in manufacturing, which is about 13% of the U.S. workforce. There were 59,100 cases of occupational illnesses reported in the manufacturing industry; of them 17,700 were hearing loss cases. In order for OSHA to record hearing loss as an occupational illness, it must be proven that the hearing loss came from the work environment and the worker is now hearing impaired.

However, it is disheartening to see the government buckle to the demands of industry. Noise has been a significant problem since the dawn of manufacturing. It is past time for more significant workplace safeguards to be put in place.

Signs of hearing loss may include:

-Having to turn up the radio or TV volume.

-In a group setting you are missing parts of conversations.

-All words you hear aren't always clear.

-You think people are mumbling.

Continue reading " OSHA backs down from effort to reduce Chicago work injuries caused by noise " »

Our Chicago work injury attorneys have written frequently about the dangers of falls in the workplace on prior posts to our Chicago Workers' Compensation Attorney Blog.

Six citations have been issued to McEntire's Roofing Inc. of Lincoln for failure to provide fall protection for its roofers and misuse of ladders when working on residential projects.
The citations are the outcome of two U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) investigations, which occurred last summer at job sites in Bloomington and Lincoln, IL.

Roofers were not using fall protection while working at two-story residential projects. Fall protection is required when work is being performed 6 or more feet off the ground.

"Falls are a leading cause of injury and death in the workplace," said Thomas Bielema, OSHA's area director in Peoria, IL. "McEntire's Roofing repeatedly has been cited for not providing adequate fall protection and that is unacceptable. OSHA is committed to ensuring employers abide by the law, which requires commonsense safety practices."

McEntire's Roofing was issued repeat citations for improper use of ladders. A repeat citation is one given to a company if they have been cited for the same violation in the previous 5 years. The employer failed to have a grasping handle and/or ladders were not extended 3 or more feet above the roof surface; use of damaged ladders were also cited. The company has been fined a total of $102,000 for these violations.

McEntire's Roofing had been inspected 6 times since 2005 by OSHA which resulted in 15 citations.

Late last year OSHA announced a new directive withdrawing a previous one that allowed builders of residential dwellings to avoid fall protection requirements.

"Fatalities from falls are the number one cause of workplace deaths in construction. We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Almost every week, we see a worker killed from falling off a residential roof. We can stop these fatalities, and we must."

According to the Bureau of Labor Statistics in 2009 there were 617 fatal work place falls and about half of these occurred in construction.

Continue reading " Roofing accidents continue to result in work injuries in Chicago, elsewhere in Illinois " »

Substantial fines were given to Haasbach LLC in Mount Carroll and Hillsdale Elevator Co. in Geneseo and Annawan, Ill., by the U.S. Labor Department for the deaths of 3 workers suffocated by grain.

Two of the workers that were killed were teenagers.
Our Chicago work injury attorneys wrote about these incidents in a prior post to our Chicago Workers' Compensation Attorney Blog.

"The tragic deaths of three people could have been prevented had the grain bin owners and operators followed the occupational safety standards and child labor laws," said Secretary of Labor Hilda L. Solis. "It is unconscionable to allow a minor to work in any high-hazard area. Haasbach's and Hillsdale's disregard for the law and commonsense safety practices has led to devastation for three families."

According to researchers at Purdue University as of October there were 25 U.S. workers killed in grain entrapments in 2010.

"Grain entrapments kill workers. All employers, especially those in high-hazard industries, must prevent workers from being hurt or killed as a result of recognized hazards," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "There is absolutely no excuse for any worker to be killed in this type of incident."

The Occupational Safety and Health Administration (OSHA) issued 24 citations to Haasbach LLC with fines totaling $555,000 after investigating the deaths of two teenage workers (ages 14 and 19) and serious injury to a third. In the July 2010 incident the 3 workers became entrapped in corn that was over 30 feet deep.

Because a 14 year old was involved in this incident the Wage and Hour Division launch its own investigation. They found that Haasbach LLC violated the Fair Labor Standards Act's Child Labor standards for allowing someone under the age of 18 to engage in a hazardous job that is prohibited by the act.

Haasbach LLC was fined an additional $68,125.

OSHA issued 22 citations with fines totalling $729,000 following the death of a 49-year-old worker after being entrapped by corn in a storage bin. This incident happened at the company's Geneseo location. Their other facility in Annawan was also inspected resulting in additional fines.

OSHA has sent letters to grain elevator operators urging them to not let their workers enter grain storage facilities without proper training.

"OSHA will not tolerate non-compliance with the Grain Handling Facilities standard," said Michaels in the letter. "We will continue to use our enforcement authority to the fullest extent possible."

Continue reading " Fines issued in fatal Illinois work accident involving grain silos " »

Our Chicago workers' compensation attorneys urge employers to use common sense when ordering employees to report to work in extreme weather conditions, particularly when an employee must drive as part of his job.

Professional drivers -- whether truck drivers, pizza delivery drivers or postal employees -- are at particularly high risk of suffering a serious or fatal Chicago work accident while on the road. Such employees have a right to avoid treacherous working conditions and should not be forced onto the roads until conditions dictate that deliveries and other business can be conducted in relative safety.

The Bureau of Labor Statistics reports transportation accidents were responsible for 1,682 of the nation's 4,340 fatal work accidents in 2009 -- accounting for nearly 4 in every 10 workplace fatalities. Transportation work accidents accounted for 46 of the 158 work-related deaths that occurred in Illinois that year.

Illinois State Police offer the following tips to stay safe on the road this winter:

-Plan both a primary and alternate travel route.

-Let someone know your travel route and planned arrival time.

-Know the forecast and road conditions.

-Try not to travel alone.

-Travel with another vehicle whenever possible.

-Drive defensively, watch for ice on bridges and overpasses.

-Seek refuge if overwhelmed by deteriorating weather.

-Stay with a disabled vehicle. Run engine in short intervals. Keep window cracked to avoid carbon Monoxide build-up.

-Keep vehicle properly serviced.

-Keep an emergency travel kit.

Continue reading " Winter weather increases risk of Chicago work accidents for professional drivers " »