Workplace Injury

OSHA Fines Film Company for “The Walking Dead” Stuntman’s Death

Published on: January 9, 2018 | O'Connor Law

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) said in a news release that it has issued a “serious citation” to Stalwart Films LLC. OSHA said it proposed the maximum allowable fine of $12,675 for “failure to provide adequate protection from fall hazards” while filming the popular television show, “The Walking Dead.”

John Bernecker, the 33 year old stuntman, died last summer from injuries suffered in a 20 foot fall on the set in Georgia.

The citation read that “the employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm in that employees were exposed to a fall hazard.” The citation also gave some feasible and acceptable means of reducing the fall hazard including reducing the fall distance, using a freefall catch system, and providing and requiring the use of appropriate personal protective equipment.

Workplace Fatalities Highest in Almost a Decade

Published on: December 22, 2017 | O'Connor Law

Earlier this week, the Bureau of Labor Statistics’ released their annual census on fatal occupational injuries for 2016. According to the report, there were 5,190 workplace fatalities in 2016, a 7% increase from 2015 and the highest since 2008. The fatal injury rate also increased from 3.4 per 100,000 full-time equivalent workers in 2015 to 3.6 in 2016.

Transportation incidents were once again the leading cause of workplace fatalities. They were responsible for 40% of worker deaths (2,083). Workplace violence injuries were the second most common cause of workplace deaths with 866 (up 23% from last year). The third most common was injuries from falls, slips, or trips with 849 (6% increase). Fatal falls, slips, and trips have seen a continued upward trend since 2011. Arguably the most alarming trend is that the number of overdoses on the job increased by 32% in 2016, and the number of fatalities has increased by at least 25% annually since 2012.

Two other workplace injuries that saw drastic changes in fatalities between 2015 and 2016 were exposure to harmful substances or environment (22% increase) and fires and explosions (27% decrease).

Winter Related Workplace Injuries

Published on: December 12, 2017 | O'Connor Law

The winter season has arrived in Pennsylvania and the nasty weather that it brings. Winter weather presents many hazards for workers including slippery roads/surfaces, strong winds and low temperatures. The dangers are significantly more prevalent for those employees who work outdoors in the winter season. However, you don’t need to work outside to suffer a winter related workplace injury. Slip and falls can happen in numerous places including the parking lot or walkways coming into your building.

It may be tempting for workers to “work through it” or “gut it out” but lengthy exposure to wet, cold, and windy conditions, can be hazardous, even if the temperatures aren’t below freezing.

According to the U.S. Department of Labor there were 42,480 work injuries involving ice, sleet, or snow in the United States in 2014. Pennsylvania was the 2^nd highest state in terms of those injuries with 2,390 (behind only New York).

OSHA to Investigate Worker Death at Central Pennsylvania Amazon Warehouse

Published on: September 26, 2017 | O'Connor Law

The Occupational Safety & Health Administration will investigate the death of an Amazon employee that occurred Tuesday September 19^th at an Amazon warehouse in Cumberland County.

Cumberland County Coroner Charles Hall says 28-year-old Devan Shoemaker was killed when he was run over by a truck at the facility. Shoemaker was trying to help a truck driver hook up a trailer to his rig when he was accidentally run over. He was pronounced dead at the scene at 5:15pm.

According to OSHA spokeswoman Joanna Hawkins, the agency has up to 6 months to complete its investigation of the fatal incident.

Staying Safe While Working in the Summer Heat

Published on: August 25, 2017 | O'Connor Law

The summer heat is in full force and every year dozens of workers die and thousands more become ill while working in extreme heat and/or humid conditions. The construction industry is the occupation that is the most affected by the summer heat accounting for more than 40% of heat-related worker deaths. However, workers in every field are vulnerable to heat related illness, injury, or death. In 2011, OSHA launched a Heat Illness Prevention campaign which educates employers and workers on the dangers of working in the heat. OSHA, through training sessions, outreach events, informational sessions, publications, social media messaging and media appearances have informed millions of workers and employers on how to protect from the extreme heat on the job. OSHA’s safety message comes down to 3 key words: Water. Rest. Shade.

The reason the heat is so dangerous to workers is because when you’re working in a hot environment, the body must work harder than normal to get rid of the excess heat to maintain a stable internal temperature. This is mainly done through circulating blood to the skin and through sweating. If the fluids and salts that are lost are not adequately replaced it results in dehydration. If the body is unable to remove the excess heat, it will be forced to store it. If the body starts storing heat it will raise the body’s core temperature and the heart rate will increase. The worker will then begin to lose concentration, have difficulty focusing on the work, and may become irritable or sick. The next stage will often be fainting and even death if the person is does not cool down.

Dangers of Working in the Heat

OSHA Exempts Industries From Rule About Beryllium Exposure

Published on: July 7, 2017 | O'Connor Law

On June 27, 2017, OSHA decided to temporarily exempt construction companies and shipyards from a recently adopted rule covering exposure to the substance beryllium.

Beryllium is a naturally occurring, lightweight metal that is commonly used to make a wide range of products, from airplane parts to computer components and dental equipment. While the metal itself is largely safe, airborne beryllium particles have been found to be dangerous to humans. Prolonged exposure to beryllium particles can lead to chronic beryllium disease (or CBD), which results in scarring and reduced functionality of the lungs. Chronic beryllium disease is estimated to kill 100 people annually.

The rule, which was finalized on January 6th, 2017, decreased the permissible exposure level for beryllium to 0.2 micrograms per cubic meter and required workers to undergo regular medical monitoring.

National Safety Council Releases Employee Survey on Safety

Published on: May 19, 2017 | O'Connor Law

The National Safety Council conducted an employee perception survey that found 58% of Americans working in construction (the industry that sees the most workplace fatalities each year) feel that safety takes a backseat to productivity and completing job tasks. Further, 51% say management does only the minimum required by law to keep employees safe, and 47% say employees are afraid to report safety issues.

By contrast, 36% of the 2,000 full-time and part-time employees in the 14 industries surveyed by NSC feel their employers prioritize productivity over safety.

“Sadly the results of our survey indicate that many workers still worry about whether they will make it home safely tonight,” said Deborah A.P. Hersman, president and CEO of the National Safety Council. “We call on all employers to renew their commitment to keep everyone safe, on every job, each and every day.”

OSHA Levies Historic Fines Against Construction Firm after Building Collapse Kills Worker

Published on: May 11, 2017 | O'Connor Law

On April 30, OSHA issued two new citations against Hultgren Construction. The company was renovating the former Copper Lounge building in Sioux Falls, SD when it collapsed on December 2. The collapse of the historic building killed a construction worker and trapped an apartment resident under the wreckage for hours.

According to the OSHA citation, employees were tasked with removing two load-bearing walls but were not instructed how to install a temporary shoring system to transfer building loads. When the final segment of a load-bearing wall was removed, the building collapsed. “The employer had employees and temporary employees engaged in the removal of a load bearing wall and piled the brick and debris in different areas of the floor without ensuring the safe carrying capacities of the floor were not exceeded,” one citation said. The company was also cited for exposing employees to struck-by and crushing hazards and not performing an engineering survey prior to beginning demolition.

OSHA is proposing penalties of $101,400 for the new citations. That follows more than two dozen other citations and a $100,000 penalty issued against Hultgren Construction last week related to the construction site. Command Center, a temporary labor agency that provided workers for the project, was also fined over $114,000 for more than a dozen citations, including failing to initiate and maintain a safety program. The fines are among the largest ever levied in South Dakota by OSHA, according to the agency.

OSHA fines Massachusetts Contractor $1.5M for 18 Violations in Fatal Trench Collapse

Published on: April 25, 2017 | O'Connor Law

The fines stem from a trench accident that killed two workers on October 21, 2016 in Boston, MA.

Atlantic Drain Service Co. employees Robert Higgins and Kelvin Mattocks were killed while working in a 12-foot-deep trench that collapsed and broke a fire hydrant supply line. The trench then filled with water within seconds.

OSHA investigation concluded that Atlantic Drain Service Co. did not provide basic trench safeguards against collapse and did not train the employees to recognize hazardous conditions.

OSHA Launches Construction Fall Prevention Campaign

Published on: April 17, 2017 | O'Connor Law

Falls at construction sites continue to be the leading cause of death for construction workers. Around 37% of all construction worker deaths are from falls. OSHA’s campaign is striving to raise awareness among workers and employers nationwide about the dangers of falls from heights on ladders, scaffolds and roofs.

On May 8-12, OSHA will hold its fourth annual National Fall Prevention Stand-Down. OSHA describes the event as “an opportunity for employers to have a conversation with employees about hazards, protective methods, and the company’s safety policies and goals. It can also be an opportunity for employees to talk to management about fall hazards they see.” Employers are encouraged to halt work and hold a “toolbox-talk” with employees about hazards and fall prevention.

OSHA promotes a three step approach to prevent falls and save lives. Those three steps are Plan, Provide, and Train. Employers should plan ahead to create a safe work environment. They can do this by deciding how the job will be done, what tasks will be involved, and what safety equipment will be required to complete each task safely. When determining what is needed to complete a job, employers should look not only at the materials needed but also the safety equipment needed to perform the task as safely as possible. This is where the second step comes in which is to provide the right equipment. Employers must provide fall protection and the right equipment for the job. That includes proper ladders, scaffolds, and safety gear to protect their workers. And the final step is to train. It is not enough to have the proper safety equipment if it is not properly used by the worker. Training in hazard recognition and proper use of safety equipment is essential to a safe construction site.