Articles Posted in Workers Compensation

(WSBTV)

(WSBTV)

Georgia Crane Collapse

Firefighters reportedly rescued two construction workers during an Atlanta crane collapse Thursday afternoon, October 15, 2015.

According to WSBTV News, the construction accident occurred near Roxboro and Kingsboro Roads in Buckhead, as construction crews worked on a high-rise apartment building. The crane apparently hit a cherry picker as it fell and came to rest against the building. Media reports indicate at least two workers were rescued from the scene by a firetruck ladder.

Thankfully nobody was injured in this incident. However, the accident serves as a reminder to all construction employers of the critical need to provide a safe work zone for employees, including proper safety gear, emergency training and equipment.

OSHA Crane Safety & Employer Responsibility

Moving large, heavy loads is crucial to today’s manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive workplace precautions. There are significant safety issues to be considered, both for the operators of the diverse “lifting” devices, and for workers in proximity to them.

Employers have a responsibility to provide employees with a safe and healthy work environment. OSHA’s Crane & Derricks in Construction safety website addresses industry hazards, safety standards, and accident prevention.

Employee Rights

OSHA reminds workers, they have the right to:

  • Working conditions that do not pose a risk of serious harm.
  • Receive information and training (in a language and vocabulary they understand) about workplace hazards, methods to prevent them, and the OSHA standards that apply to their workplace.
  • Review records of work-related injuries and illnesses.
  • Get copies of test results that find measure hazards.
  • File a confidential complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA’s rules.
  • Exercise their rights under the law without retaliation or discrimination.

We Fight for Victims of Workplace Accidents in Georgia …Contact us Now for a Free Consultation.

Headline Frame Fox News DeskThe Murray Law Firm has recovered millions of dollars for victims of unsafe workplaces in Georgia, and recently obtained a $29.25 million dollar verdict for one of our Clients in Fulton County State Court.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.

SAC EM Update

Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

(OSHA)

(OSHA)

Grain handling plants receive, manage, store, process, and ship a variety of raw agricultural goods, such as, corn, wheat, oats, barley, sunflower seeds, and soybeans.

The U.S. Occupational Safety and Health Administration (OSHA) considers the grain handling industry a “high hazard industry where workers can be exposed to numerous serious and life threatening hazards.”

Grain Handling Hazards

  • Fires and explosions from grain dust accumulation
  • Suffocation from engulfment and entrapment in grain bins
  • Falls from heights
  • Crushing injuries and amputations from grain handling equipment
  • Unhealthy levels of airborne contaminants, including molds, toxic chemicals, and gases

Real Stories

OSHA warns, “Suffocation is the leading cause of death in grain storage bins. In 2010, 51 workers were engulfed by grain stored in bins, and 26 died – the highest number on record.”

OSHA highlights one such tragedy: Two young workers (ages 14 and 19) were killed at a grain storage facility in the Midwest when they were sent into a grain bin to “walk down the corn.” The grain bin was being emptied, and the workers’ task was to break up clumps by walking on them to make the corn flow out of the bin. The workers were not provided safety harnesses, and the machinery used for evacuating the grain was running. The suction created by the flowing grain pulled them in like quicksand and suffocated them. Workers should never be inside a grain bin when it is being emptied out, because a sinkhole can form and pull down the worker in a matter of seconds. OSHA standards prohibit this dangerous practice. This company ignored that rule as well as other protective safety requirements. In addition, child labor laws made it illegal for this company to employ a 14-year-old to work in a grain silo.

Employer Responsibility

Employers must provide a healthy and safe workplace for their employees. OSHA encourages employers to implement and enforce safety guidelines to address the numerous potential hazards of grain handling and to reduce employee injury.

To prevent another suffocation tragedy, like the one above, employers must:

  • Turn off, disconnect and lock out all powered equipment associated with the bin that poses a danger to employees inside the grain structure, including augers used to help move the grain, so that the grain is not being emptied or moving out or into the bin [1910.272(g)(1)(ii)]. Standing on moving grain is deadly; the grain can act like quicksand and bury a worker very quickly. Moving grain out of a bin creates a suction that can swiftly pull and bury any workers who are in the bin.
  • Prohibit walking down grain and similar practices where an employee walks on grain to make it flow [1910.272(g)(1)(iv)].
  • Provide each worker entering a bin from a level at or above stored grain, or when a worker will walk or stand on stored grain, with a body harness. The body harness should have a lifeline that is positioned and is of sufficient length to prevent a worker from sinking further than waist-deep in grain [1910.272(g)(2)].
  • Provide an observer stationed outside the bin or silo being entered by an employee and maintain communication between the observer and the employee who enters. Ensure the observer is equipped to provide assistance [1910.272(g)(3)].
  • Prohibit workers from entry into bins or silos underneath a bridging condition, or where a build-up of grain products on the sides could fall and bury them [1910.272(g)(6)].
  • Provide training about engulfment and mechanical hazards to employees assigned special tasks such as bin entry [1910.272(e)(2)].
  • Test the air within a bin or silo prior to entry for the presence of combustible and toxic gases, and to determine if there is sufficient oxygen [1910.272(g)(1)(iii)].
  • Provide and continue ventilation until any unsafe atmospheric conditions are eliminated. If toxicity or oxygen deficiency cannot be eliminated, workers must wear appropriate respirators [1910.272(g)(1)(iii) A and B].
  • Ensure a permit is issued for each instance a worker enters a bin or silo, certifying that the precautions listed above have been implemented [1910.272(g)(1)(i)].

Employee Rights

OSHA reminds workers, they have the right to:

  • Working conditions that do not pose a risk of serious harm.
  • Receive information and training (in a language and vocabulary they understand) about workplace hazards, methods to prevent them, and the OSHA standards that apply to their workplace.
  • Review records of work-related injuries and illnesses.
  • Get copies of test results that find measure hazards.
  • File a confidential complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA’s rules.
  • Exercise their rights under the law without retaliation or discrimination.

We Fight for Victims of Workplace Accidents in Georgia …Contact us Now for a Free Consultation.

Headline Frame Fox News DeskThe Murray Law Firm has recovered millions of dollars for victims of unsafe workplaces in Georgia, and recently obtained a $29.25 million dollar verdict for one of our Clients in Fulton County State Court.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

728x90 Justice


Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.

SAC EM Update

Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Wood Pellet Plant Explosion (The Providence Journal)

Wood Pellet Plant Explosion (The Providence Journal)

Woodworking facilities have an especially high risk of fires and explosions due to the large quantities of on-site fuel and ignition sources. OSHA outlines the explosive hazards inherent to the woodworking industry and offers multiple solutions to prevent and mitigate these risks. We’ve highlighted some of these hazards and solutions below.

Woodworking Facility Fuel and Ignition Sources

  • [Woodworking facilities] contain large quantities of fuel in the form of wood and wood products, sawdust, and flammable materials such as paints, oil finishes, adhesives, solvents, and liquid propane for internal combustion engines. Woodworking facilities are especially at risk for fire due to the abundant production of sawdust, which will ignite and burn far more easily than whole pieces of lumber. Sanders, routers, and shapers in particular produce large amounts of fine dust. Very fine wood dust is especially hazardous. It can accumulate on rafters and other building structural components and in unexpected spots all around your facility, far from the point of generation. 
  • [Woodworking facilities] contain ignition sources, such as potentially faulty electrical wiring, cutting and welding operations, sparking tools, propellant actuated tools, and employee smoking. There is also the potential for static electrical discharges and lightning.

Possible Solutions

Preventing the buildup of dust is one of the key means for controlling fire and explosion hazards. The principal engineering control technology for control of dust is exhaust ventilation. The primary work practice control is good housekeeping. 

Dust collection is best accomplished at the source-at the point of operation of the equipment, if feasible. For many pieces of equipment, well-designed ducts and vacuum hoods can collect most of the dust generated before it even reaches the operator. Very fine dust that manages to escape point-of-source collection can be captured from above by general exhaust points located along the ceiling. These control technologies are effective for most equipment, excepting machines that commonly produce the very finest dust or large quantities of dust.

Good housekeeping extends to periodic hand cleaning of your entire facility, as some dust will escape from even the best exhaust system and will eventually accumulate on rafters and other out-of-the- way spots. Also, it is extremely important to inspect and clean your exhaust ventilation system on a regular basis to maintain maximum efficiency.

Additional Prevention Tips

  • Ensure the proper use and storage of flammable materials, such as paints, finishes, adhesives, and solvents.
  • Segregate tasks particularly prone to fire and explosion hazards, such as spray painting, welding, and use of powder-actuated nail guns.
  • Train employees to recognize, avoid, and correct potentially hazardous conditions and behaviors. Train employees so that they are acquainted with the special equipment and aspects of building design related to dealing with fires and explosions.
  • Control ignition sources. This involves using electrical systems rated for the projected use and protected by appropriate circuit breakers, grounding all equipment prone to accumulating static electrical charges, grounding entire buildings against the possibility of lightning strikes, and controlling and banning smoking in and around the workplace. Consult Subpart S of OSHA’s General Industry Standards for more information on electrical design requirements.
  • Never permit blow-down of accumulated dust with compressed air. Blowing dust with compressed air will create the very type of dust cloud that presents the greatest explosion hazard.
  • Provide continuous local exhaust ventilation on all woodworking machines. The local exhaust systems must have a suitable collector. Dust collection systems must be located outside the building, unless the exceptions described in NFPA standards are met.
  • Segregate combustible and flammable materials such as lumber stock and chemical solvents from each other and from ignition sources.
  • Ensure that you use equipment with a hazard classification appropriately rated for your work environment.

Protecting Employees

  • Install an alarm system to warn for necessary action or safe escape [29 CFR 1910.165].
  • Establish emergency plans and fire prevention plans [29 CFR 1910.38].
  • Install battery-operated emergency lighting along the floor to aid in the evacuation of smoke- filled buildings.
  • Store fire-retardant blankets, clothing, and masks in areas where workers could conceivably need them to pass through smoke and flames to reach exits.
  • Maintain first-aid kits designed for the initial treatment of burns and smoke inhalation. These kits should be stored outside the area of fire risk.

The Murray Law Firm works tirelessly to protect Clients who have been injured or lost loved ones in catastrophic factory explosions and fires. In their honor, we urge all woodworking plants and mills to heed OSHA guidelines and make employee safety their first priority. For a complete list of facility hazards and solutions, please visit the OSHA website.

We Fight for Victims of Catastrophic Workplace Accidents in Georgia …Contact us Now for a Free Consultation.

The Murray Law Firm has recovered millions of dollars for victims of catastrophic workplace accidents in Georgia, and we offer our legal assistance if desired.  We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

728x90 Justice


Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
SAC EM Update

Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.