Chicago Workers' Compensation Attorney Blog

A law judge with the Occupational Safety and Health Review Commission in Denver has confirmed a safety citation given to Caterpillar Logistics Services, a Peoria-based company, by the U.S. Department of Labor's Occupational Safety and Health Administration in 2009. The company was assessed a proposed fine of $900 for failing to document a worker's musculoskeletal disorder on the company's OSHA 300 log, according to an OSHA press release.

Our Illinois workers' compensation lawyers know there are several types of musculoskeletal disorders suffered by workers, including carpal tunnel, tendonitis, trigger finger, thoracic outlet disease and carpet layers knee.

"Musculoskeletal disorders are very prevalent and are significant workplace injuries and illnesses," said Assistant Secretary of Labor for OSHA Dr. David Michaels, who praised the decision. "It is imperative that these types of work-related illnesses are logged appropriately so workers and managers are made aware of them as well as their causes, and so that we can all learn how to better protect workers. By working together, OSHA, along with business leaders, union representatives and workers can improve conditions and processes to prevent injuries and illnesses for all our nation's workers."

After an OSHA investigation, the citation was given because the company had not recorded a work-related musculoskeletal illness, epicondylitis -- also known as tennis elbow -- on the company's OSHA 300 log. Caterpillar Logistics Services challenged that the employee's tennis elbow was not work-related.

OSHA just recently reopened the public record on a suggested rule to revise its work-related illness and injury reporting forms to contain musculoskeletal disorders. The May 17 Federal Register had the notice of reopening. The proposed rule, published in January 2010, would reinstate a column to the OSHA 300 log, which has a box that employers would check off if a prior reported work-related injury or illness was a musculoskeletal disorder.

The proposed rule would identify a musculoskeletal disorder, for recor-keeping purposes only, as a condition of the muscles, nerves, joints, tendons, ligaments, cartilage or spinal discs that wasn't caused by a trip, fall, slip, motor vehicle accident or similar accident.

The judge in the Caterpillar Logistics Services case noted that to be recordable, "an employee's work activities do not have to be the cause, but rather a cause of injury or illness," and it was determined that the preponderance of evidence indicated the employee's work activities were a contributing, if not the only, cause of the employee's epicondylitis.

OSHRC was created to decide challenges of citations and/or penalties from inspections by OSHA. Employers that are cited by OSHA for a suspected workplace health or safety violation can challenge the citation and have the case heard by a law judge, who in the end issues a decision.

How to prevent musculoskeletal disorder at work:

-Bend at the knees and stand up slowly when lifting.

-Keep your body in a stable and comfortable position to help ease back pains.

-Never lift anything above your head. If you have to stretch, use a ladder.

-Give your wrists frequent breaks when typing on a computer.

-Extreme cold makes muscles stiff and tight. Take breaks and let your body and muscles warm up to reduce strains.

Continue reading " Musculoskeletal Disorders a Common Danger in Chicago Workplace " »

A veterans health care center in North Chicago has been issued notices of unsafe and unhealthy working conditions by the U.S. Department of Labor's Occupational Safety and Health Administration, according to an OSHA press release.

Our Chicago workers' compensation lawyers think it is appalling that a federal facility has been cited for not one, but 33 notices for unhealthy and unsafe working conditions.

"The health care center failed to properly ensure the facility was in compliance with established safety and health procedures," said Diane Turek, director for OSHA's Chicago North Area Office in Des Plaines. "Employers are responsible for knowing what hazards exist in their facilities and must take appropriate precautions by following OSHA standards to ensure that workers are not exposed to such risks."

Repeat safety notices included:

-Lacking standard guardrails on open sided floors.

-Not marking exits and exit doors that should require keys or special knowledge to open.

-Not conducting periodic energy control inspections.

-Using space around electrical equipment for storage.

-Not making sure electrical conductor boxes were closed.

-Failing to inspect portable electric equipment.

A repeat health notice was also issued for not including the type/brand of needles in the needles log used when an employee was exposed to blood or bodily fluids.

Repeat health and safety notices are issued if a federal agency previously has been cited for the same or similar serious conditions and if a region-wide inspection for the agency had a previous violation issued within the last three years. Similar safety and health violations were issued in facilities in Minneapolis, Minn., and Becksville, Ohio.

Serious safety notices included:

-Failing to have guardrails on stairs and elevated runways.

-Not keeping exit routes unobstructed and free.

-Not posting signs showing travel route to an exit and failing to properly mark doors along an exit route.

-Not using electrical equipment as directed by the label.

-Not providing rating markings on electrical equipment.

-Failing to care for flexible cords and cables from unintended damage.

Serious health notices related to asbestos and bloodborne pathogens included:

-Failing to provide asbestos labels and signs for mechanical rooms and insulated surfaces.

-Not having two hours of asbestos awareness training.

-Not letting employees know, through training, of the location of asbestos-insulated surfaces.

-Not providing the hepatitis B Vaccine to employees with occupational exposure to blood.

-Not including an explanation of the site's bloodborne pathogen exposure plan in the training program.

Additional other-than-serious health notices were issued for failure to report needle injuries on the OSHA 300 log; the OSHA 300 Log was incomplete; the annual record-keeping summary was incomplete; and employees did not have access to a copy of the OSHA bloodborne pathogen standard.

During the time of the inspections, the center was under the sole direction of the U.S. Department of Veterans Affairs. Effective late last year, the center was renamed the Captain James A. Lovell Federal Health Care Center and was the first fully-integrated federal health care facility in a joint venture with the U.S. Department of Veterans Affairs and the U.S. Department of Defense. The inspection by OSHA was conducted as part of the OSHA Federal Agency Targeting Inspection Program.

Continue reading " OSHA Cites North Chicago Veterans Health Care Center for Unsafe Working Conditions " »

Albin Carlson & Company, a bridge and road construction company of Addison has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for eight health violations, according to an OSHA press release.

Our Illinois workers' compensation lawyers are aware that lead exposure is one of the leading causes of workplace illness in Chicago.

Resulting from an OSHA investigation at a Chicago job site in December 2010, Albin Carlson & Company was issued two willful violations for not protecting workers from lead exposure while engaged in torch-cutting on a steel structure. The employer faces fines totaling $180,180.

"This company was aware that employees were conducting torch cutting on a steel structure coated with lead-based paint and failed to ensure that a respiratory protection plan was in use on the job site. That is unacceptable," said Michael Connors, OSHA's regional director in Chicago. "Employers are responsible for knowing what hazards exist on their job sites and ensuring that workers are not exposed to risks that could result in injury or death."

Failing to provide appropriate respiratory protection and to ensure workers' lead exposure did not surpass permissible daily limits were willful violations the employer did not address, warranting fines of $138,600. The company was also cited for six serious violations, including failure to implement a respiratory protection program; not having a compliance program to limit employee exposure to lead; not conducting initial monitoring for lead; not providing personal work clothing for temporary protection from lead exposure; and not providing adequate shower and hand-washing facilities.

The additional citations resulted in fines of $41,580. OSHA had inspected Albin Carlson & Company 13 times in the past five years. The investigation began under an OSHA national emphasis program on lead. The program began almost ten years ago to reduce occupational lead exposures.

Lead is a systemic poison, and chronic overexposure can lead to damage in blood-forming, urinary, nervous and reproductive systems. Common symptoms of acute lead poisoning are nausea, vomiting, stomach cramps, loss of appetite, constipation, joint or muscle aches, difficulty sleeping, fatigue, moodiness, headache and anemia. Industries with a high potential for exposures include: construction that involves brazing, blasting, welding, cutting, etc., on lead paint surfaces; most smelter operations or secondary lead smelters where lead is recovered from firing ranges, batteries and radiator repair shops.

Protect yourself from lead exposure:

-Wash your hands and face before you eat, drink or smoke.

-Don't eat, drink or smoke in areas where there is lead, dust or fumes.

-Wear a properly fitted clean respirator in any areas that have lead dust or fumes.

-Take a shower and change clothes and shoes before going home.

-Launder work clothes separately.

Remember your employer has the obligation to provide you a safe place to work. If your employer does not make safety a top priority, it is your responsibility to speak up so you or your co-workers don't become victims of a tragic work-place accident.

Continue reading " OSHA Fines Company for Exposing Workers to Lead at Chicago Job Site " »

Construction projects dot the area this summer, increasing the risk of traffic crashes. Two projects will be underway on Interstate 80 for the entire duration of the summer season. The 22-mile stretch of roadwork is expected to be completed late this fall, according to The Herald-News.

There's a lot more worrying state police Capt. Michael Cooke, commander of District 5, than the delayed traffic. He's more concerned with the lack of driver focus and attention and worries that it will be construction workers that will be most at risk. Work accidents in Chicago often occur in construction zones when drivers fail to pay attention.

Our Illinois workers' compensation attorneys encourage drivers to follow all stated rules and regulations in these construction areas to help keep our road workers safe.

Crooke reports that the number of serious accidents along that area of work has indeed experienced an increase since the work began. From April 20 to the 20th of May, accidents on that stretch of road saw a 52 percent increase over last year's statistics. When both work zones are included, the accident rates spiked roughly 70 percent.

“We’re trying to get the word out and make sure people understand it can be dangerous in a construction zone if they’re not paying attention,” Cooke said. “When they take their eyes off that windshield that’s when we’re ending up with problems.”

The construction is not entirely to blame though, studies show that a number of the accidents are caused by drivers that are distracted and either using their cell phone, texting or messing with the radio station while behind the wheel. Distracted driving seems to be the number one issue in these construction areas.

Increased patrol visibility has been set out on these construction areas, but officials believe this may not solve the problem.

“We could have as many officers out there as possible, and it will never be enough,” Cooke said. “Our job out there is really to keep people alive. There is nothing worse than to hear there is a fatality or a serious accident.”

Car Junky offers you these safety tips to help you pass through these construction zones safely:

-Be extra cautious. Be on the lookout for rubber-necking drivers. Always practice your defensive driving skills and be prepared to act on another driver's unexpected maneuver.

-Try planning ahead. If you know you'll be passing through a construction zone on your way to your destination, try another route or at least allow yourself with plenty of time to get through these zones.

-Remain calm. Don't let other impatient or speedy drivers affect your safe driving skills.

-Abide by all posted and modified road signs.

-Give trucks extra room. As they are typically larger and have a harder time maneuvering through the area, allow them to have extra room within these areas.

Continue reading " Cautious Driving Through Work Zones Needed to Prevent Work Accidents in Chicago " »