Chicago Workers' Compensation Attorney Blog

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is looking for help on how to prevent hearing loss in the workplace. Their recent press release announced the meeting will take place at the Frances Perkins Building in Washington, D.C., from 9 a.m. to 1 p.m. on Nov. 3.

Our Chicago workers' compensation lawyers know that about 30 million people in the U.S. have jobs working in extreme noise levels, and tens of thousands of them suffer from preventable hearing loss. There are a number of things that your employer can do to protect you from loss of hearing. You may want to consult with an experienced injury lawyer to learn how to protect your rights at work.

Earlier this year we posted to our Chicago Workers' Compensation Attorney Blog regarding OSHA backing out of its proposal to clarify the term "feasible administrative or engineering controls" related to OSHA's noise standard. The reason OSHA stopped work on the proposal was to start work on a plan to prevent occupational hearing loss. Part of this plan was to have a meeting with noise-control experts, workers, employers and public health professionals to get their opinions on the subject. At this meeting issues to be discussed include:

-Best practices for hearing conservation programs.

-Concerns with using personal protective equipment for noise control.

-Best practices for using feasible engineering controls.

-What companies have effective noise control programs and what elements make them successful.

The damaging effects of exposure to dangerous noise levels are cumulative and usually don't appear for many years. Becoming desensitized to a noisy workplace is very common. So workers don't worry about it and don't take steps necessary to protect themselves from its potential life-changing effects. Research is clear that prolonged exposure to excessive noise can lead to irreversible hearing loss. This isn't the only medical concern. A study of rock 'n roll performers found a number of noise-related disorders such as severe tension headaches, mild psychiatric disorders, constricted blood vessels and damage to the nervous system.

Here are a few steps for effective noise management in the workplace:

-Listen to your workers, take their noise complaints seriously.

-Perform your own decibel audit and take action on the results.

-Follow-up on all OSHA recommendations as they relate to excessive noise levels.

-Train your workers about the potential dangers of excessive noise.

-Make hearing tests part of employees' physical exams.

-If possible rotate workers who are in noisy areas.

-When possible shut down noisy equipment and machinery for short periods of time to give workers some relief.

-Rearrange offices and work areas so they are far away from excessive noise.

-Install noise-reduction devices as needed.

-Replace or upgrade old equipment with quieter, newer models.

Continue reading " Noise Levels at Illinois Work Sites Can Have Lasting Effects on Hearing Loss, Deafness " »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited G.A. Rich & Sons of Deer Creek, Illinois, for not protecting trench workers, according to a recent press release . Proposed fines of $59,290 were issued for one repeat safety violation and one serious violation. The inspection took place at the site in Lexington, Illinois, where new water and sewer lines were being installed.

Our Chicago workers' compensation lawyers understand that this inspection was done as part of OSHA's Trenching and Excavation National Emphasis Program. This program allows inspectors to evaluate trenching operations at anytime and anywhere.

An OSHA area director stated that cave-ins are a leading cause of death among construction workers, and all employers should make safety a priority at all work sites.

The repeat violation was the one that produced the most costly proposed penalty of $53,900. Back in 2006, the company was doing work in Germantown Hills, Illinois. At that job site they were cited and fined for not providing cave-in protection. A repeat violation is issued if a company was fined previously for the same violation. In this case, the work site in Lexington was observed having workers in a trench that was seven-feet deep. Cave-in protection is required by OSHA standards for any trench five feet or greater in depth. OSHA standards also state that nothing should be within two feet of any trench edges. The Lexington site was observed to have excavated material at the edge of the trench resulting in a proposed penalty of $5,390 for a serious violation.

Perhaps this employer should have reviewed the recently released guidance documents, Trenching and Excavation, Working Safely in Trenches and Do Not Enter an Unprotected Trench from OSHA for safely working in and around trenches. This educational material delivers the message that working in an unprotected trench is a ticket to an early grave. It gives the statistic that at least 200 workers have died and hundreds more have been injured by trench accidents since 2003. The material emphasizes that one worker dies every two weeks from being buried alive or crushed to death in a trench collapse. The materials include the "Do Not Enter an Unprotected Trench" poster that illustrates a 3-foot by 3-foot by 3-foot pile of dirt can weigh more than 2,000 pounds. Add water to that pile of dirt and the weight can exceed 3000 pounds.

The basic rules of working in and around trenches seem pretty clear. Assuming most construction workers are over 5 feet tall, if you are working in a trench and you can't see over the edge you need a cave-in protection system. A trench needs to have an easy method of getting in and getting out, like a ramp or ladder. Material that comes out of the trench should not be put near the edge so that it falls back in.

OSHA's website can provide further information on excavation and trenching hazards.

Continue reading " Illinois Plumbing Company Fined $59,290 for Failing to Protect Trench Workers from Cave-In Accidents at Work " »

A recent transportation accident at an Illinois road construction site resulted in a worker's death when a large truck carrying asphalt on a trailer backed over a construction worker working on the project.

Chicago workers' compensation lawyers frequently handle cases for injured construction workers who get hurt on the job. Construction workers are at risk of many types of injuries which can occur from fall accidents, trench collapses, electrical malfunctions, building collapse, accidents involving a nail gun or even getting run over by operating equipment.

The recent fatal accident is an example of how death could have been avoided if the workers involved would have been properly trained by the employer who has a responsibility to make sure work environments remain safe.

The Herald-News reports the tragic accident happened around 9:40 a.m. at a road improvement project on the northbound lanes of Route 171. A heavy equipment operator working at the site failed to move away from a truck that was moving in reverse. State authorities reported the back-up warning signal was audible and working properly at the time of the accident, but it is suspected that the worker was clearing the path for the heavy loaded truck and trailer at the time of the accident. The truck driver was cited for improper backing.

The Illinois Department of Transportation had contracted the company that both workers were employed by to do patchwork on a portion of road located on Route 171. They were both working on repaving a segment of road when the accident occurred.

The U.S. Department of Labor's Bureau of Labor Statistics recently reported that transportation incidents accounted for almost 40 percent of deaths in the workplace nationwide in 2010. The overall total was slightly down from 2009 but incidents involving pedestrians, railways and non-highway incidents rose by 4 percent in each category. The number of 2010 deaths at work related to transportation incidents is expected to rise when the final report comes out in the Spring of 2012.

According to the 2010 Fatal Occupation Injury Report, Illinois reported a total of 203 fatal injuries in the workplace in 2010, which was substantially higher than the final total of 158 reported in 2009. Of the 1,766 deaths at work caused by transportation incidents nationwide, Illinois reported a total of 72 of these kinds of fatal injuries occurring on the job. Only four states, California, Florida, Pennsylvania and Texas reported more deaths at work caused by a transportation incident than our state.

European Agency for Safety and Health at Work reports that the most common types of transportation accidents at work include: struck or run-over accident while vehicle is in motion, falling off a vehicle, getting struck by cargo falling from a vehicle or a vehicle overturns onto an employee.

Employers have a responsibility to perform a risk assessment and eliminate any hazards that can affect the safety of workers on the job. Examples of hazards related to vehicle accidents may include:
-Exposing workers to inclement weather conditions like driving in snow or heavy rain.
-Sending employees on routes with rough access roads like one-way narrow streets or locations with no maneuverability.
-Demanding employees have a time constraint such as requiring them to work longer hours than federal regulations permit or making several stops during a short shift.
-Requiring an employee to operate a vehicle or large machinery with several workers populating the work site, increasing the risk of running someone over.

Continue reading " Illinois Construction Worker Killed in Transportation Incident Caused by Large Truck Hauling Asphalt to Jobsite " »

New directives were recently announced in an Occupational Safety and Health Administration (OSHA) press release regarding how OSHA personnel should respond to complaints and incidents of workplace violence. The directive also addresses inspection issues of industries that have a high risk of workplace violence such as social service and healthcare facilities and late night business such as gas stations and convenient stores.

Our Chicago workers' compensation lawyers know that violence in the workplace is a serious occupational hazard. In the past 15 years, it has ranked near the top as a leading cause of death on the job. The Bureau of Labor Statistics (BLS) reports that during 2006 through 2010 over 3,000 victims were killed at work as the result of a homicide.

OSHA inspections occurring during 2008 through 2010 at facilities in Maine, Massachusetts and New York have resulted in violations and fines to employers for not giving workers the information and skills needed to protect them from workplace violence incidents. The incidents in Massachusetts and New York resulted in death to workers from assaults at work.

A spokesman for OSHA feels that if employers are pro-active in protecting their employees these incidents can be prevented or greatly reduced. Studies by several organizations including the National Institute for Occupational Safety and Health demonstrate companies that put into practice effective safety procedures can decrease the occurrence of workplace violence.

Additional information for employers, including Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers and Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments can be found on OSHA's Preventing Workplace Violence website.

What are some of the risk factors for late-night retail workers?
-Working alone in a store that has poor lighting in the store and parking area.
-Any exchange of money can lead to robberies.
-Working alone in a store or area that is isolated.
-Working in a store that sells alcohol.
-Staff needs training to recognize and handle escalating aggressive and hostile behavior.

Risk factors effecting social service and health care workers include:
-Hospitals are being used more by the criminal justice system for holding and care of criminals; many are disturbed and violent.
-Escalating client frustration at clinics and emergency rooms due to long waiting times.
-Trauma patients in emergency rooms accompanied by gang members and hysterical family members.
-Decreases in staffing leads to less supervision during visiting hours and mealtimes or when staff is away during a patient transfer to another area.
-Working alone with a patient during an exam.
-Going to isolated areas alone without backup or a means of communication to get immediate assistance.
-Staff not being trained on how to handle hostile behavior.

Continue reading " Protecting Employees from Violence Can Reduce Worker Homicide Deaths at Illinois Job Sites " »