Articles Posted in Workers Compensation

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(OSHA)

A restaurant drive-thru allows workers direct interaction with their customers, while handling food service and monetary transactions.  This environment may expose workers to a variety of hazards, including: Noise, Strains and Sprains, Workplace Violence, Prolonged Standing, and Car Exhaust.

Fast Food Workplace Violence

OSHA warns, “Many workplaces, like restaurants, can be a target for workplace violence because of the presence of cash, the late work hours and contact with the public. Young workers may also be exposed to workplace violence in restaurant drive-thru windows. In addition, sometimes the drive-thru is located in a structure removed from the main restaurant, isolating the [employee] from the support of fellow workers.”

OSHA urges employers and employees to prevent injury and workplace violence by adhering to the following guidelines:

Employee Safety

  • Follow workplace safety rules.
  • Use drop-boxes, if available, to deliver food to customers, especially late at night.
  • Keep the back door locked unless receiving deliveries.

Employer Responsibility and Best Practices

  • Follow child labor laws that restrict workers younger than 16-years-old from working after 7pm, except from June 1st through Labor Day, when evening hours are extended to 9pm. Do not leave young workers alone at night to lockup. (State child labor laws may be more stringent).
  • Install bulletproof glass and limited access barriers for drive-thru windows.
  • Increase workplace security by installing video surveillance, alarm systems, and door detectors.
  • Increase lighting in dimly lit areas such as parking lots and around trash dumpsters.
  • Locate drive-thru windows within the same building as the restaurant, rather than in the parking lot by itself.

Know Your Rights

We Fight for Victims of Workplace Accidents and Property Violence 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.”

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(KTVN News 2)

(KTVN News 2)

Data presented by the Occupational Safety and Health Administration (OSHA) suggests that late-night retail establishments, such as convenience stores, gas stations, and liquor stores, are subject to high homicide and assault rates. OSHA aims to reduce these statistics through violence prevention programs, management and employee involvement, hazard prevention and control, and safety training.

OSHA’s findings and prevention strategies, highlighted below, will help to protect both employees and patrons and deter crime in late-night retail environments:

Risk Factors

A number of factors put late-night retail workers at risk. These include:

  • The exchange of money (making them targets for robbery);
  • Solo work and isolated work sites;
  • The sale of alcohol;
  • Poorly lit stores and parking areas; and
  • Lack of staff training in recognizing and managing escalating hostile and aggressive behavior.

Violence Prevention Programs

Violence prevention programs should set clear goals and objectives to prevent workplace violence. The goals and objectives must be suitable for the size and complexity of workplace operations. In addition, the program should be adaptable to different situations at the worksite. Whatever format the program takes, it is critical that employers clearly explain the prevention program to all workers.

At a minimum, workplace violence prevention programs should:

  • Establish a clear policy for workplace violence, verbal and nonverbal threats and related actions. All personnel employed in the retail establishment should know the policy.
  • Ensure that no worker who reports or experiences workplace violence faces reprisals.5
  • Encourage workers to promptly report incidents and suggest ways to reduce or eliminate risks. Require records of incidents to assess risk and measure progress.
  • Outline a comprehensive plan for maintaining security in the workplace. The plan should include establishing a liaison with law enforcement representatives and others who can help identify ways to prevent and mitigate workplace violence.
  • Assign responsibility and authority for the pro- gram to individuals or teams with appropriate training and skills. Ensure that adequate resources are available and that those responsible for the program develop expertise on work- place violence prevention in late-night retail settings.
  • Affirm management commitment to an environment that places as much importance on worker safety and health as on serving store patrons.

Hazard Prevention and Control

By effectively preventing and controlling workplace violence hazards, employers are better able to protect workers and avoid workplace incidents. After hazards are identified through the systematic worksite analysis, employers will need to take steps to prevent or control those hazards….

Engineering controls remove the hazard from the workplace or create a barrier between the worker and the hazard….For example, employers should:

  • Integrate violence prevention activities into daily procedures, such as checking lighting, locks, and security cameras to help maintain a secure worksite.
  • Require workers to use the drop safes and keep a minimal amount of cash in each register.
  • Develop and implement procedures for the cor- rect use of physical barriers, such as enclosures and pass-through windows.
  • Establish a policy of when doors should be locked. Require workers to keep doors locked before and after official business hours. Require workers to lock doors used for deliveries and garbage removal when not in use. In addition, require that deliveries be made during normal daytime operations.
  • Develop and implement emergency procedures for workers to use in case of a robbery or security breach – such as calling the police or triggering an alarm.

Administrative and work practice controls, independent of engineering controls include:

  • Prohibit transactions with large bills (over $20). If this is not practical because of frequent trans- actions over $20, cash levels should be kept as low as practical. Workers should not carry business receipts on their persons unless it is absolutely necessary.
  • When possible, increase staffing levels at stores with a history of robbery or assaults, or located in high crime areas. Use the “buddy system,” especially when personal safety may be threatened.
  • Establish rules and practices to ensure that workers can walk to garbage areas and outdoor storage areas without increasing their risk of assault.
  • Establish liaison with local police and state prosecutors. Report all incidents of violence. Give police physical layouts of facilities to expedite investigations.
  • Require workers to report all assaults or threats to a supervisor or manager (for example, through a confidential interview). Keep log books and reports of such incidents to help determine any necessary actions to prevent recurrences.
  • Advise workers of company procedures for requesting police assistance or filing charges when assaulted if necessary.
  • Provide management support during emergen- cies. Respond promptly to all complaints.
  • Set up a trained response team to respond to emergencies.
  • Use properly trained security officers to deal with aggressive behavior. Follow written security procedures.
  • Discourage workers from wearing necklaces or chains to help prevent possible strangulation in confrontational situations.
  • Provide staff members with security escorts to parking areas in evening or late hours. Ensure that parking areas are highly visible, well lit and safely accessible to the building.

Click here to view the full OSHA report.

We Fight for Victims of Workplace Violence and Retail Security Negligence in Georgia…Contact us Now for a Free Consultation.

The Murray Law Firm has recovered millions of dollars for victims of workplace violence and retail security negligence 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.”

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The Murray Law Firm is taking an active role to curb a practice commonly known as “ambulance chasing.” In each of our blogs, we are informing our readers that, pursuant to the Georgia Rules of Professional Conduct, a lawyer or anyone acting on behalf of a lawyer may not engage a potential client “through direct personal contact or through live telephone contact.”

As a personal injury and wrongful death law firm, we have long been aware of the unscrupulous practices of some attorneys in this field who use unethical and illegal measures to obtain clientele.

SAC EM Square.jpgThe immoral practices of a few have, unfortunately, given rise to a public distrust of many. The term ‘ambulance chaser’ has become synonymous with a field of law, which at its best, exists solely to empower people over corporations and insurance companies, to serve those harmed by the negligence of others and to guide everyday citizens to justice through what is often a daunting and complex legal system.

We are saddened to acknowledge that some in the field have tarnished this noble mission through a violation of the Rules of Professional Conduct, which is why we are proud to announce we are taking an active approach to ridding our community of those firms and attorneys that would harm the people and practice, which we care for so deeply.

The Murray Law Firm has achieved the Martindale Hubbell AV Preeminent rating, an honor achieved by meeting the highest ethical standards in our field, as attested to by judges and other attorneys who serve to better the practice.

In support of our commitment to high moral and ethical practices, in 2013 The Murray Law Firm created the S.A.C.’EM Campaign (Stop Ambulance Chasing Ethical Movement), which is committed to rooting out lawyers who violate Rule 7.3 of the Georgia Rules of Professional Conduct. Together, with our clients, the State Bar of Georgia and fellow attorneys committed to the highest ethical integrity, we will fight to stop this unethical practice that has become an epidemic in the legal profession.

If you have been injured and have been directly contacted by a lawyer or an individual acting on behalf of a lawyer, please notify The Murray Law Firm at 888.842.1616 and we will assist you in reporting the lawyer or individual to the appropriate authority.