OSHA recently cited Navillus Contracting Tile Inc. for alleged repeat and serious violations of safety standards at a work site in Brooklyn, New York.
The Manhattan-based masonry contractor was cited following an incident in which an employee fell 80 feet to a lower level from the top of a 118-foot-high scaffold. [WCx]
"This employee is fortunate to have escaped death, but what is unfortunate is that this fall occurred in the first place," said Kay Gee, OSHA's area director for Brooklyn, Manhattan, and Queens. "It is effective scaffold maintenance, work practices and fall protection – not luck – that are essential to protecting workers against life-threatening falls."
An inspection by OSHA's Manhattan Area Office found that the scaffold platform was not fully planked and lacked guardrails, an aluminum access platform was not secured against displacement, another worker was not tied off to a safe anchorage point, and employees accessed work areas by climbing up and down the scaffold frames. These conditions resulted in citations for six serious violations, with $36,000 in proposed fines. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
One repeat violation with a proposed fine of $38,500 involves a lack of guardrails. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA cited Navillus in 2008 for a similar hazard at a Bronx work site. .[WCx]
"To prevent hazards such as these, employers should implement effective illness and injury prevention programs in which they work continuously with their employees to identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
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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.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) reports it recently cited Monster Contracting, LLC, for alleged willful and serious violations of safety standards at a residential construction site in Manchester, NH. The Canada-based framing contractor faces a total of $59,200 in proposed fines following an inspection by OSHA's Concord Area Office.
"Employees at this job site faced the risk of disabling or deadly injuries from falls, crushing injuries or being struck by flying debris or objects while operating nail guns and other tools," said Rosemarie Ohar, OSHA's area director for New Hampshire. "Compounding the situation was the fact that these employees lacked training that would have taught them how to recognize and avoid such hazards."[WCx]
OSHA found employees exposed to falls from heights of 6 to 20 feet while performing exterior and interior framing work without fall protection or near unguarded window, floor and stairwell openings, which resulted in a citation for one willful violation with a $28,000 fine. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Nine serious violations with $31,200 in fines include a lack of eye protection for employees working with nail guns, power tools and staplers; damaged and misused ladders; a damaged sling used to lift walls; the employer's failure to certify that powered industrial truck operators had been trained; unsafe access to elevated areas of the building; lumber with protruding nails in a work area; not training employees to recognize fall, material handling, electrical and flying object hazards; and not training employees in the safe operation of power tools and the proper use of ladders.
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.[WCx]
The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
New York State Crackdown on Workers Comp
Fraud Nets 18 Arrests
A recent crackdown on workers compensation fraud in New York State led to the arrests of 18 people in 13 counties.
According to information from the State Department of Financial Services, the arrests include people who continued to be employed after claiming they were disabled, faked injuries to collect payments and one woman who cashed the checks of her deceased husband. [WCx]
Superintendent of DFS Benjamin Lawsky noted the arrests were the latest attempt to save employers money by reeling in workers comp fraud.
“Workers compensation fraud is a serious crime that victimizes honest businesses and taxpayers who are forced to shoulder the burden of higher premiums. Strong anti-fraud activities complement the state’s ongoing work to drive down the cost of workers’ compensation insurance,” Lawsky remarked.
The arrests were the result of a series of joint investigations led by DFS, along with the Office of the Inspector General of the New York State Workers’ Compensation Board, the New York State Insurance Fund and other insurers. [WCx]
All of those taken into custody are innocent until proven guilty.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
VIEW SAMPLES PAGES
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
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.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
An experienced technician at a plastic products factory in Cornwall, Great Britain was killed after he was crushed between the plates on a machine used to make plastic lids.
According to the Health and Safety Executive (HSE), Shaun O' Dwyer, 54, originally from North Yorkshire, but living in Redruth died in the incident on May 30, 2008 at Curver UK Ltd's factory on Cardew Industrial Estate.
HSE prosecuted Curver UK Ltd., (formerly Contico Europe Ltd.) for failing to provide adequate safety measures.
Truro Crown Court heard that in preparing the machinery O'Dwyer needed to access the plastic moldings machine's plates. This was normally done via a guard which, when opened, prevented the machine from operating. However in this case one of the conveyors on the machine had been removed and O'Dwyer was able to access the machine through an unguarded gap. Whilst he was inside the machine the press started to operate and the plates closed crushing him at a pressure of over 1,000 tons.
HSE Inspector Trevor Hay noted, "This tragic incident could have been avoided if the company had observed standard industry guidance from the British Plastics Federation and the British Standards Institution. Users of such machinery should ensure effective safeguards are in place to avoid further deaths or injuries to their workers."(WCxKit)
Curver UK Ltd of York Gate, London, pleaded guilty to committing a breach of Regulation 11 (1) of the Provision and Use of Work Equipment Regulations under Section 33(1) (c) of the Health and Safety at Work Act 1974 and was fined £160,000 ($245,000) and ordered to pay £32,000 ($49,000) costs.
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.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
A building firm and a contractor in North Yorkshire, Great Britain were recently fined after a worker was injured following a fall while working on the construction of a new farm building, according to a report from The Health and Safety Executive (HSE).
The 36-year-old worker, who asked not to be named, was employed by Stephen Ramsey, trading as Up & Cover, who had been subcontracted by Waddington Buildings Limited to carry out steel erection work and cladding on the building at Brierton North Farm, Billingham. Both Ramsey andWaddington Buildings Limited were prosecuted by the Health and Safety Executive (HSE). (WCxKit)
Teesside Magistrates’ Court was told the worker was standing on a pallet fitted to a fork attachment of a tractor, which was lifted to heights of around four and a half meters to allow the worker to measure and fit guttering to the building. The court heard the tractor was being operated by Stephen Ramsey when it unexpectedly moved with the pallet in a raised position causing the worker to lose his balance and fall to the ground.
He spent 15 days in a hospital after his left heel was smashed and his right ankle was fractured and treatment is still ongoing.
HSE’s investigation revealed Ramsey failed to carry out the work safely and Waddington Buildings Limited had failed to establish whether work carried out on their behalf would be done safely and whether Stephen Ramsey was competent to do the work.
Stephen Ramsey, pleaded guilty to breaching the Work at Height Regulations 2005 and was fined £1,000 ($1,567) and ordered to pay £250 ($3920) costs. (WCxKit)
Waddington Buildings Limited, of Station Road, Brompton on Swale, pleaded guilty to one breach of Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £3,500 ($5,484) and ordered to pay costs of £900 ($1,410).
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
A Scottish laborer broke two ribs after falling off the edge of a temporary staircase after a colleague removed the guardrail.
According to a report from the Health and Safety Executive (HSE), David Tourish, 38, from Moodisburn, was working for Walker Group (Scotland), Ltd., on the site of a new build house in Ravelston Dykes, Edinburgh, when he and a colleague were asked to carry some doors upstairs to keep them out of the way during building work.(WCxKit)
A temporary staircase with half landings had been put in while the house was built, and there was a gap between one of the half landings and the wall, with a feature window behind it. For most of the project, this gap had been protected by a guardrail, but two days before Tourish's fall, this had been removed by a joiner to allow him to fix plasterboard to the wall. He did not replace it.
Tourish and a colleague started to carry the doors upstairs. They managed to carry seven or eight doors up the stairs without a problem, with Tourish's colleague in front, and him behind.
However, as they carried the next door up the stairs, Tourish stepped off the edge of the half landing and through the gap, falling nearly 10 feet to the landing below. He was taken to hospital, where he was diagnosed with bruised kidneys and two fractured ribs. Tourish was off work for three months while his injuries healed and needed physiotherapy after he went back to work.
A Health and Safety Executive investigation found that the work had not been planned properly as an adequate risk assessment had not taken place; that the site manager was aware the guardrail had been removed and should have known there was a risk to his team, and that the work was not carried out in a safe manner. Thirty-eight people in Britain died after work-related falls from height.(WCxKit)
At Edinburgh Sheriff Court Walker Group (Scotland), Ltd., pleaded guilty to breaking Regulation 4 of the Work at Height Regulations 2005 and were fined £8,000 ($13,000).
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Cairo-based Jay-Bee Oil & Gas, Inc., for 10 repeat, three serious and four other-than-serious workplace safety violations, following a Feb. 4 inspection at a gas well drilling site in Salem, W.V. Proposed penalties total $73,150.
According to OSHA, a congressional referral initiated the gas and oil well drilling company inspection. Jay-Bee Oil & Gas corporate offices are located in Union, N.J.(WCxKit)
"This company's failure to correct previously cited violations means that it continues to place workers in harm's way," said Prentice Cline, director of OSHA's Charleston Area Office. "It is vital that the company address these hazards to protect its employees."
The repeat violations, which carry penalties of $61,600, involve tripping hazards; lack of guardrails or barricades around pits; lack of guarding on open-sided floors and platforms; lack of stair railings on open sides of stairways; failing to provide first-aid training to employees; failing to provide eye wash stations for employees handling corrosive materials; not properly mounted portable fire extinguishers; failing to provide portable fire extinguisher training to employees; not properly training powered industrial truck operators; and not properly training employees handling and exposed to hazardous materials.
The company was cited for the same violations in 2010 at the Salem site. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.
The serious violations, with penalties of $10,780, include fall hazards, not properly labeling containers of hazardous materials, material safety data sheets not readily accessible, and the employer's failure to provide and ensure the use of flame-retardant clothing. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.(WCxKit)
The other-than-serious violations, with penalties of $770, were cited for improper certification of OSHA's form 300 for workplace injuries and illnesses. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued 54 workplace safety and health citations with penalties totaling $1.2 million to gun powder substitute manufacturer Black Mag, LLC, following an investigation into the causes of a deadly explosion in May at the company's worksite in Colebrook, N.H., according to information from OSHA. The explosion took the lives of two workers who had been on the job for only a month.
May 14, two workers and a plant supervisor were manufacturing a gun powder substitute known as Black Mag powder when the explosion occurred. The workers had been required to hand feed powder into operating equipment due to the employer's failure to implement essential protective controls. The employer also chose not to implement remote starting procedures, isolate operating stations, establish safe distancing and erect barriers or shielding – all of which are necessary for the safe manufacture of explosive powder.
"The fines levied here pale in comparison to the value of the two lives lost," said Secretary of Labor Hilda Solis. "Nonetheless, this was a tragedy that easily could have been prevented had the employer valued the health and safety of its employees. Employers should not sacrifice their workers' lives for a profit, and no one should be injured or killed for a paycheck."(WCxKit)
Additionally, the employer chose not to provide the personal protective equipment and other safety measures its employees needed to work safely with such hazardous material. OSHA cited the company with four egregious willful, 12 willful, 36 serious and two other-than-serious violations with total penalties of $1,232,500.
"Even after a prior incident in which a worker was seriously injured, and multiple warnings from its business partners and a former employee, this employer still decided against implementing safety measures," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Unfortunately, we see this kind of disregard time and time again across industries. All employers must find and fix workplace hazards so these types of avoidable tragedies do not happen, and workers can return home safely at the end of the day."
The four egregious willful citations were issued for failure to train each of the four workers involved in the manufacture of the gun powder substitute. In addition to the two workers killed and their supervisor, there was an additional employee who left the job nine days before the explosion. Willful citations are considered egregious when more than one worker is exposed to a single hazard. The citation issued for that hazard is then multiplied by the number of workers exposed.
Other willful citations were issued for failure to locate operators at safe locations while equipment was operating; separate workstations by distance or barriers and ensure that each worker was properly trained; provide adequate personal protective equipment, such as fire resistant clothing, face shields and gloves; to safely store gun powder; and identify explosion hazards in the company's operating procedures. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Some of the 36 serious citations were issued for failure to separate small arms ammunition from flammable liquids, solids, and oxidizing materials by a fire-resistive wall or by a distance of 25 feet; establish and implement an emergency action plan and provide written procedures to manage changes; provide personal protective equipment including clothing, respiratory devices, protective shields and barriers for workers exposed to lead; train workers on appropriate protective equipment; train workers in electrical safety-related work; address hazards associated with exit routes; and address hazards associated with handling, storing and transporting explosives.(WCxKit)
The two other-than-serious violations are for a failure to perform respirator fit tests and to ensure that facial hair does not interfere with a respirator seal. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Go to: www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Missing required safeguards on a piece of lab machinery led to the death of a Yale University student. Michelle Dufault, a physics and astronomy major from Massachusetts, who was close to graduating, was working alone in the lab when her hair was snared into a fast-spinning lathe. Police report they got a call at 2:30 a.m. local time, though the time of the accident was not evident.
The accident exposed problems regarding the school safety policies, federal safety investigators stated in a letter to the school. The lathe, built nearly 50 years ago, lacked an emergency stop button that could shut off power and was missing physical guards to protect the operator, OSHA stated in the letter.
According to information from the U.S. Occupational Safety and Health Administration (OSHA),the agency did not fine Yale, claiming it lacked jurisdiction due to the fact there was no employer-employee relationship. But in a letter obtained by The Associated Press, OSHA informed school officials that it found a number of problems in the machine shop where Michele Dufault died on April 12. (WCxKit).
The OSHA letter claims rules for using the equipment, including warnings, were not posted. Yale also should ensure students don’t work alone, establish specific hours of operation and provide a formal training program; the letter went on to state. Yale challenged the letter, claiming the machinery did meet national safety standards.
Surveys of personal protective equipment were not completed and documented, and safety inspections did not address machine safeguarding, according to the letter. (WCxKit)
According to Yale officials, the school provided extensive machine tool training and personal protective equipment, and students were repeatedly reminded not to use machinery without someone else in the room. Yale says staff inspected and maintained machines on a regular basis. Yale added that Dufault had undergone a safety course that included instructions to tie back long hair.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Two companies have been fined a total of £640,000 ($1,023,000) following the death of several Scottish fish farm workers on a barge moored at a salmon farm on Loch Creran, Argyll & Bute.
According to information from the country’s Health and Safety Executive (HSE), Scottish Sea Farms worker Campbell Files and engineer Arthur Raikes, both employed by Logan Inglis Limited, Cumbernauld, were fixing a hydraulic crane on the barge when they went below deck to find cabling and pipe work.(WCxKit)
The oxygen levels below deck were very low and Files passed out, though Raikes managed to climb out. In an attempt to rescue Files, two colleagues, Maarten Den Heijer and Robert MacDonald entered the small chamber below deck but lost consciousness almost immediately.
The three men needed to be rescued by emergency services but only Files recovered, while his colleagues died at the scene.
Following the incident on May 11, 2009 inspectors from the (HSE) discovered Scottish Sea Farms and Logan Inglis Ltd. provided neither suitable information, instruction, or training for employees working in the small sealed chambers on the Loch Creran barge nor did they provide a safe way for them to work. Findings showed employees were not aware of the risks faced working on the barge.(WCxKit)
At Oban Sheriff Court on July 4 Scottish Sea Farms was fined £600,000 ($960,000) after pleading guilty to breaching Section 2(1) of the Health and Safety at Work Act. Logan Inglis Ltd. also pled guilty and was fined £40,000 ($64,000).
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Two companies have been fined a total of $155,000 after a worker in Western Sydney was blinded and left with multiple facial and skull fractures when a high-pressure gas hose fitting came loose, according to a report from the New South Wales Government.
Weldlok operates a large welding and fabrication facility in Yagoona, and Fluid Tech Hydraulics Pty Ltd is based in Lidcombe and does onsite installation and maintenance of fluid gas equipment as well as welding and fabrication. Oct. 13, 2006, 63-year-old shift supervisor Hasib Kamenjasevic was switching over the gas lines from the empty to full high pressure oxygen tanks. An explosion occurred within the hose and fittings connected to the high pressure oxygen tanks. The hoses broke away from the tanks and struck him with considerable force on the face and head. (WCxKit)
Kamenjasevic sustained significant injuries to his head and face, which resulted in the loss of sight in both eyes, and multiple skull and facial fractures. He also spent months in rehabilitation and his permanent injuries mean he will never be able to return to work. The WorkCover investigation found that both companies had failed to carry out appropriate safety protocols that would most likely have prevented these serious injuries.
The NSW Industrial Court was told that approximately six months earlier, Kamenjasevic’s employer Weldlok, contracted Fluid Tech to install the high-pressure oxygen line with hose and fittings. The investigation found that Fluid Tech installed a hose designed primarily for hydraulics, and not designed for use with high-pressure oxygen.
Fluid Tech did not ensure the hose and its fitting was certified for use with high pressure oxygen, nor did they carry out any safety tests on the hose or its fittings to ensure they were safe for use prior to, during or after the installation. Weldlok had also failed to carry out their own risk assessment which the court found would most likely have discovered the incorrect hose and fittings. (WCxKit)
Fluid Tech Hydraulics Pty., Ltd., and Weldlok were charged with breaches of the Occupational Health & Safety Act 2000. Fluid Tech Hydraulics was fined $95,000 and Weldlok fined $60,000.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
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