What is a Hazwoper or How the Gulf Oil Spill is Affecting Workers Compensation

As in any natural disaster, the personnel responsible for after care are vulnerable to various workplace safety hazards and occupational diseases and/or injury. “Hazwoper” is the acronym the Occupational Safety and Health Administration (OSHA) for Hazardous Waste Operations and Emergency Response. In the case of the oil spill, these are the men and women wearing the white/yellow) hazard suits cleaning up the beaches and marshes.

Employers can expect workers’ comp claims to be filed at the state and federal level in Louisiana, Mississippi, Alabama, and Florida and under the Jones Act and the Longshore and Harbor Workers’ Compensation Act.

As an employer, if you are in any way involved with the containment or the cleanup of the oil spill, it is strongly recommended you review your workers’ comp coverage with your broker to verify you have coverage you need for both state and federal workers’ comp exposure.

According to OSHA website, 15 to 20 OSHA Compliance Officers are in the field everyday monitoring worker safety and health at all 17 staging areas and many other work sites.

1. collect information on employers, workers, and the work performed

2. conduct interventions

3. evaluate operations for potential hazards

4. evaluate the personal protective equipment being used

5. evaluate the training being provided to the workers

6. document and address any concerns that are identified

7. monitor worker exposure and the health effects from the exposure to oil, weathered oil,

oil dispersants, cleaning agents and other materials.

OSHA’s primary concern is the health of the ““hazwopers”” who are being exposed to various chemicals known to cause health problems. The chemicals can have ill effects in very low amounts of exposure – parts per million (ppm) concentration in the air. The primary chemicals OSHA is concerned about are:

1. Volatile Organic Compounds: carbon based organic compounds found in the air as gases or vapors.

2. Hydrogen Sulfide: a toxic gas often found in crude oil.

3. Carbon Monoxide: a toxic gas associated with fuel combustion.

4. Petroleum Hydrocarbons: used to describe several hundred chemical compounds originating from crude oil

5. Benzene (including toluene, ethyl benzene, and xylene): a colorless and highly flammable liquid found in crude oil and a known human carcinogen.

OSHA is monitoring the ““hazwopers”” for various adverse health effects including irritation to the eyes, skin and respiratory system; headaches; tremors; confusion; unconsciousness; rapid heart rate; nausea; weakness; dizziness; and injuries to the nervous system.

In addition to the chemical exposures faced by the ““hazwopers””, they are at risk for other workers’ comp injuries and illnesses, of which the most likely injury or illness the threat of heat exhaustion and heat stroke. Even a white suit gets very hot on the inside when the outside temperature is 90 degrees or above, a common occurrence in the summertime on the gulf coast beaches. Pictures are on the internet of “hazwopers” with the top half of their suits un-done and hanging from the waist. The workers are apparently more concerned about heat stroke then about chemical exposure. (workersxzcompxzkit)

Other potential hazards possibly creating a workers’ comp claim include:

1. Repetitive strain injuries from the use of equipment and constant bending over to clean up the oil.

2. Sunburn.

3. Noise from the operation of equipment.

4. Slips, trips and falls.

5. Fatigue.

6. Biological – plants, insects, animals.

7. Unguarded equipment.

8. Vehicles.

9. Drowning.

Besides the “hazwopers” being at risk for injury, various other workers and volunteers trying to contain the oil spill and clean up the beaches are also at risk. The potential for workers’ comp claims grows as the oil spill grows.

Author Rebecca Shafer, Attorney/Consultant, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers’ comp issues.

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