Georgia Workers Compensation Attorney Blog

A former commercial airline pilot will be getting his job back soon, after officials with the Occupational Safety and Health Administration ordered AirTran Airways to reinstate the employee to his former position with the company. The airline's pilot was originally let go from his job after he reported a number of mechanical concerns. In addition to getting his job back, the company has been ordered to give the pilot over $1 million in back wages, compensatory damages and interest. Results from a Whistleblower Protection Program inspection concluded that the when the employee was fired, the company was using it as an act of retaliation by the employer and that AirTran was in fact violating OSHA's whistleblower provision. Firing or reprimanding employees who report work accidents in Georgia and elsewhere is unfair, unconstitutional and covered under workers compensation claims.

"Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable," said OSHA Assistant Secretary Dr. David Michaels.

Our Atlanta workers compensation attorneys understand that the AirTran employee was let go from his pilot position back in August 2007, pending an investigative hearing into the sudden increase in the number of reports from the employee regarding a number of mechanical problems he claimed to observe. The investigative hearing was held on September 6, 2007. This hearing lasted for only about 15 minutes. Just a week later, the pilot was let go from the company, saying he didn't adequately answer the company's questions on standards regarding the spike in concerns. Investigations from OSHA determined that the pilot didn't refuse to answer any of the questions and that the answers he provided were appropriate and that the dismissal of the pilot was retaliatory.

Those who raise safety concerns in the workplace are to be protected under workers' rights.

A whistleblower provision is enforced by OSHA. Within this provision OSHA has a number of ways to protect those who raise concerns regarding workplace safety. OSHA pushes 20 addition statutes to help to protect employees who speak out about trucking, health, nuclear, environmental, maritime, consumer, food, securities, safety, pipelines, rail, health care and product safety laws.

Retaliation from an employer can include:

-Getting fired.

-Being blacklisted.

-Being demoted.

-Being held back from receiving overtime or a deserved promotion.

-Unnecessary disciplining.

-Failing to receive deserved benefits.

-Failing to be hired to rehired.

-Being purposely intimidated.

-Receiving workplace threats.

-Cutting deserved pay or scheduled hours.

Workers who feel an employer has retaliated against them for raising safety concerns are asked to file a complaint with the secretary of labor to induce an investigation from OSHA officials. Call OSHA's regional office in Atlanta at (678) 237-0400 to report your concerns and seek support from an Atlanta workers compensation lawyer to help to ensure that you're properly compensated.

Continue reading "Pilot Fired After Voicing Concerns for Risks of Work Accidents in Georgia and Elsewhere" »

Potential work accidents in Georgia are catching the eyes of officials with the Occupational Safety & Health Administration (OSHA). Recently, there were two Georgia companies, Coleman Natural Foods and NuTech Powder Coaters LLC, that were inspected, cited and fined for a number of alleged serious work hazards and failing to properly protect employees on the job.

Our Georgia workers compensation lawyers would first like to address the findings from the Coleman Natural Foods inspection. This company was given eight violations at its plant in Braselton. These citations came with proposed fines totaling more than $142,000. This inspection was initiated after OSHA received a complaint regard the company's safety hazards in July.

Oftentimes, inspections are conducted after OSHA catches wind of an irresponsible employer who fails to keep the work place safe for all employees. These types of reported tips can be provided to officials from concerned workers. If you feel that your safety is at jeopardy on the job, you are urged to report your concerns to your regional OSHA office.

Coleman Natural Foods Citations:

-Neglecting to install machine guards on equipment in which employees could be injured by moving parts.

-Failing to seal off electrical enclosures to help to avoid any type of corrosion.

-Failing to offer adequate strain relief on electrical components.

-Not providing an ammonia detector to sniff out gas unsafe amounts of gas that has been released into in the air.

-Not providing the proper training to employees who work among hazardous materials.

-Not fixing hydraulic fluid leaks that were started by slippery floors.

-Machine guards were not provided.

-The fire extinguishers on the premise were not regularly inspected.

The second inspection of unsafe Georgia workplaces was of the Newnan facility of NuTech Powder Coaters LLC. This company was issued 20 citations by OSHA for failing to keep work places safe for all employees. These various citations came with a combined proposed fine of more than $55,000. The inspection in which OSHA officials discovered these violations happened after a previous inspection in August.

NuTech Powder Coaters LLC Citations:

-Neglecting to ensure employees were provided with and using the proper protective clothing for working in dangerous conditions.

-Failing to provide workers with the proper eyewash/shower unit for those who had been exposed to corrosive materials.

-Neglecting to create and implement a confined space program.

-Failing to post permit-required confined space signage.

-Letting powder coating material to gather.

-Exposing employees to electronic, fall and other combustible dust hazards.

-Failing to create a respiratory protection program.

"Companies of all sizes must take their responsibilities seriously when it comes to workers' safety and health, and implement controls that ensure all employees are protected from hazards," said Andre Richards, director of OSHA.

Continue reading "Georgia Worker Accidents on OSHA's Radar" »

According to the U.S. Bureau of Labor Statistics, there were roughly 635 people killed because of fall-related work accidents in Atlanta and elsewhere in 2010. This is the most recent statistic released regarding these types of accidents. While this is about 10 fewer fall-related fatalities from the previous year, these on-the-job accidents still account for about 15 percent of all work accidents. The numbers are still far to high considering that they can be prevented by taking the proper safety precautions.

Our Georgia workers compensation attorneys are asking for all workers in Georgia and elsewhere throughout the nation to make a New Year's resolution to be safer on the job in 2012. It's a new year, and time to commit to safe working practices. By taking the proper safety precautions, we can all work together to reduce our risks for one of the most common work accidents in the country.

According to the Centers for Disease Control and Prevention (CDC), falls are a common hazard in any and all occupational settings. A work-related fall accident can happen during the simple task of climbing or walking a ladder to change a light bulb, as well as more dangerous circumstances like working in complex conditions like those that iron workers endure.

Most commonly, fatal fall accidents on the job happen to who work within the construction industry, which has the highest rate for fatal work-related fall accidents. Additionally, the healthcare industry and the those who work in the wholesale and retail industries experience the most fall accidents in which an injury results.

Common conditions that lead to on-the-job fall accidents:

-Slippery or wet floors.

-Cluttered areas.

-Unstable walkways.

-Unprotected edges.

-Floor holes.

-Ladders that are positioned improperly.

-Inadequate fall protection.

-Wall openings.

The federal government provides workers and employees with specific standards and recommendations that must be used to help to prevent these types of accidents. When work sites are not kept in a safe condition for employees, the Occupational Health and Safety Administration (OSHA) will step in to reprimand employers and to establish safer working conditions.

Every year, these types of accidents cost the country nearly $100 billion.

Our Georgia workers compensation lawyers are asking all employers and employees to work together to help to reduce the risks for fall accidents in 2012. While these accident have decreased with each passing year, there are still far too many workers injured and killed in these preventable accidents. If you think you're facing risks for a fall accident on the job, be sure to voice those concerns to a supervisor or the owner of the company. Fall accidents are completely preventable if everyone takes the proper safety precautions. Make 2012 the safest year yet!

Continue reading "Fall Accidents in Atlanta and Elsewhere a Top Concern in 2012" »

The recent cold snap highlights the risks faced by those working outdoors, and the fact that Georgia employees are not immune. As far south as Naples, the temperature has dropped into the 30s. Some municipalities have opened emergency shelters. Employees may be at increase risk of a Georgia work accident or injury while on the job.

Our Atlanta workers' compensation attorneys understand the risks. In fact, many Georgia employees and residents may be at higher risk, even at milder temperatures. Many work crews lack the proper equipment to work in the cold, are not accustomed to freezing temperatures, and lack the knowledge necessary to stay safe in frigid weather.

The Centers for Disease Control and Prevention reports cold stress may set in at temperatures above freezing, particularly in warmer clients where employees may be unaccustomed to dealing with frigid temperatures. Near freezing temperature and increasing wind speeds can cause rapid heat depletion from the body. Those most at risk are employees without shelter, outdoor workers and those working in buildings without proper insulation, such as metal fabricated shops, barns or warehouses.

Hypothermia can occur when the body loses heat faster than it can be reproduced. Prolonged exposure to cold saps the body of energy stores and the ability to maintain core body temperature. Hypothermia sets in when low body temperature begins to affect the brain. Thinking and movement begin to slow. And the risk of external injury increases as well as the health consequences associated with hypothermia.

Symptoms include shivering and loss of concentration and coordination. Ultimately, slowed pulse, breathing and loss of consciousness may result.

Frostbite is caused by freezing; symptoms include a loss of color to the affected area. Ears, nose, fingers and toes are most often affected. Severe cases can require amputation.

Trench foot occurs with lengthy exposure to cold and wet conditions. It can occur in temperatures as high as 60 degrees in wet conditions, which exacerbate heat loss.

Employers can do their part to help prevent injury to workers due to cold-weather working conditions.

-Schedule outdoor tasks for the warmer parts of the day, or year.

-Reduce the demands on workers by using relief workers, reducing workload, etc.

-Provide plenty of liquids and plenty of rest.

-Monitor workers for fatigue or other adverse symptoms.

-Provide proper training, first aid and preventive measures.

Employees should wear proper clothing, dress in layers and avoid tight-fitting clothing, which can reduce blood flow and circulation. Particular attention should be paid to protecting ears, face, hands and feet. Waterproof and insulated boots are ideal.

Workers should also take plenty of breaks in a warm location, limit the amount of time spent outdoors and drink plenty of liquids.

Continue reading "Cold Weather Increases Risk of Georgia Work Injuries " »

Many workers -- regardless of industry -- can be at risk for a potential chemical spill, which could lead to a catastrophic Georgia work injury.

In situations where employees end up with a major injury due to chemical spills, it may be necessary for our Atlanta workers' compensation lawyers to assist you in your time of need. Major injuries typically require medical attention, which may be extremely expensive, especially given our nation's rising healthcare costs.

In cases like this, employers may attempt to cut corners in order to save money. This is unacceptable. Corporations are required to have insurance to cover for such accidents and yet they will attempt to fight a workers' compensation claim with the employee.

Every employee has the right to work in a safe environment and certainly one where precautions are taken to avoid major chemical accidents at work. And if accidents do happen, a workers' compensation claim may be necessary in order to prevent these accidents.

The Thomaston Times reminded us recently that emergency crews are among the type of employees who are at constant risk of being exposed to a chemical accident. Firefighters respond every day to traffic accidents where car batteries explode or fluids are leaking from a vehicle that has just been mangled. And in some cases, the cars are ready to explode when the liquids and heat from a running engine combine.

Emergency crews recently put together a scenario that helps train emergency crews how to handle a chemical disaster. Law enforcement, firefighters, emergency medical responders, medical personnel and emergency management officials participated in the recent training.

The scenario involved a private vehicle crashing with a tanker that was carrying highly toxic hydrogen peroxide. Hospital staffers were tested on their ability to properly respond to a flood of patients in a short time. Emergency crews were required to respond to and treat patients at the scene by diagnosing their injuries and keeping them and themselves safe from the chemicals.

In another story, a Georgia college student was severely injured last April when the airbags in her vehicle deployed without a crash and flying metal severed her neck artery. The injuries required surgeries and caused her to suffer strokes, USA Today reports. This reminds us that those in the manufacturing fields, where chemicals are used every day, are especially at risk.

Chemicals may be used in that worker's profession or they may simply be in the office for other reasons. Either way, they can cause problems. A splash in the face can cause major eye trauma or blindness, while exposure to skin or breathing in certain chemicals can cause employees to have other forms of medical problems.

Companies must adhere to safety protocols and give employees proper training to prevent accidents. Many cases of at-work injuries happen because untrained workers cause accidents. With proper training, more workplace injuries in Georgia could be prevented.

Continue reading "Atlanta Chemical Spills Put Workers At Risk For Serious Injury" »

Imagine just simply doing your job -- a typical day at the office or on the job site, but everything changes in an instant when your eyes are injured by chemicals or something falling.

A person who loses his or her eyesight in a Georgia workplace accident can have their lives altered forever. This type of catastrophic work injury can require the need for a workers' compensation claim in Georgia in order for the worker to get the care they need to recover from such an ailment.

Our Georgia workers' compensation lawyers can't help but cringe when we hear about workers in our community who are injured and lose their eyesight. It is one of our five perhaps we most rely upon for survival, but we take it for granted.

For those who have had it and lost it, they know how important being able to see is. According to the Centers for Disease Control and Prevention, nearly 2,000 people each day in the United States suffer from a work-related eye injury.

Nearly one in three of these eye injuries require hospital emergency room visits and nearly five percent result in time lost at work. Most of these injuries are a result of airborne particles that cause major irritation or cuts that can cause permanent injuries. The most common are metal slivers, wood chips, cement chips and dust that break off from the use of power tools.

Critically important to preventing these injuries are the use of eye protection, including goggles or sturdy masks that cover the entire face, such as those used by welders. The eyes can also be exposed to catching infectious diseases, especially those working in laboratories, with animals and in health care settings. The eyes are particularly susceptible to catching illnesses.

Here are some tips to keeping your eyes safe at work:

• Create a safe work environment by minimizing debris, ensuring tools work correctly and workers know how to use them. Keep non-workers outside of the area.
• Look over safety hazards and identify where improvements can be made.
• Make sure the correct eye and face protection is used for the job at hand. Determine that the protection is in good condition and not susceptible to breaking while a power tool is in use.
• Take the right approach to keeping your eyes safe by cleaning off eye protection, the face, hair and forehead before removing the protection to ensure debris don't fall down; don't rub your eyes with dirty clothing and take steps to clean the eyewear regularly.
• Make sure there's an eye wash station nearby and available to all workers in case of emergency.

While work emergencies such as eye injuries are typically considered risks that construction workers take, these can happen at any business. Every office probably has some type of hazardous chemicals that can lead to injuries, so take proper precautions.

Continue reading "Eye Safety Critical at Georgia Work Sites in Order to Keep Employees Injury-Free" »

A Georgia company has been cited by the U.S. Department of Labor's Occupational Safety & Health Administration for allegedly exposing workers to potential fall hazards on a construction site.

Georgia workers are entitled to work in a safe environment and their companies are required to make that happen. There are local, state and federal regulations they must follow in setting up work sites throughout the state. Failure to adhere to these rules can lead to major fines, as in this case.

But for some workers, their company's failure to adhere to these rules can not only cost fines, but lead to serious work injuries that can result in Georgia workers' compensation claims. Our Georgia work injury lawyers recognize that workers are injured on the job because their companies fail to properly keep them safe, exposing them to potentially deadly outcomes in the wrong situation.

In this case, Hutchinson Stucco Inc. of Brunswick, Georgia, was cited for 11 safety violations after OSHA officials inspected a work site. Workers were exposed to potential fall hazards, the government agency states, while they worked on a three-story building. The agency has proposed penalties of $62,200 for the alleged violations.

At issue in this case is an allegation that the company required workers to use a scaffolding system that officials said wasn't fully planked, had missing base plates and guardrails, was built by a person who wasn't fully trained or prepared to do it and which had no safety net.

OSHA officials allege that these offenses were repeat violations that resulted in $54,000 in fines to the company. On top of the violation regarding the scaffolding, authorities allege company officials didn't have a safety data sheet available to workers who were mixing and applying stucco cement. Workers were allowed to opt out of using head protection and employees who mixed chemicals weren't trained in hazardous chemicals.

OSHA officials cited the company for similar violations in April 2008, meaning they qualify as repeat violations. Two serious violations alleged by the agency relate to failing to have a ladder on the scaffolding to act as an exit and allowing their employees to work on scaffolding with planks directly attached to the roof without a fall protection system set up.

Workers were constructing a three-story building on St. Simons Island, the agency reports. The company has two weeks to comply, request a conference with OSHA's regional director or contest the findings before a panel.

These are serious violations because fall accidents from faulty scaffolding are fairly common. Construction workers are acutely aware that working on an unstable platform while trying to perform detail-oriented work is a bad combination. Scaffolding that can collapse can lead not only to serious injuries, but possible death. This is unacceptable. Companies must ensure their workers are protected from fall hazards on Georgia work sites.

Continue reading "Georgia Company Cited For Exposing Employees to Fall Hazards, Possible Georgia Work Accidents" »

A worker from Centerville recently lost his leg in a Georgia work accident. It all happened just after 6 a.m. when a vehicle struck the back of a garbage truck, which he was riding on the back of, according to The Sun News. The accident took place on South Houston Lake Road just north of Thomson Road.

The worker and the driver of the SUV that slammed into the back of the garbage truck were transported to Medical Center of Central Georgia. According to Centerville police Maj. Garrett Cooley, the worker's leg was amputated at the scene of the accident after he was pinned between the two vehicles. The truck is owned by Centerville Sanitation, which is the private company that is contracted by the city of Centerville. Officers are investigating the accident.

Our Georgia workers' compensation attorneys understand that solid waste collection continues to rank as the fifth most dangerous job in the state. This occupation produces an alarmingly high rate of fatalities every year. According to the U.S. Bureau of Labor Statistics, about 60 workers die in this field every year. Every year, the industry experienced more and more fatalities.

"NSWMA will be exploring the reasons for the increase in reported fatalities. NSWMA will redouble its efforts to prevent fatal accidents, including the release of an updated Safety Manual in 2012," said David Biderman, the Safety Director for the National Solid Wastes Management Association (NSWMA).

The Occupational Safety and Health Administration (OSHA) offers these tips to workers who work in solid waste management and on garbage trucks:

-Employees should ride only in the vehicle's cab or on the steps that have been specifically designed for riding.

-Employees should only ride on the steps when making short trips and when riding at a speed under 10 miles per hour.

-Stay in or on the vehicle until it has come to a complete stop.

-Drivers should make sure that there are no riders on the back of the truck when the vehicle is reversing, driving over 10 miles an hour or traveling farther than 0.2 miles.

-All riding steps should be slip-resistant surfaces.

-Riders should be provided with handles that can withstand 500 pounds.

-All vehicles should have warnings posted above or on the riding steps that remind riders of the safety rules.

-All vehicles should come with an audible warning device that sounds off when the vehicle is operating in reverse.

Additional safety tips from the National Solid Waste Management Association's (NSWMA) Manual of Recommended Safety Practices:

-Drivers and workers should keep visual contact with one another at all times, especially when backing up.

-Drivers should continuously check mirrors when reversing.

-Drivers should use the assistance of a spotter when backing up for help with blind spots.

-Drivers should use hand signals when reversing.

-Stop the truck if the spotter needs to move.

-Stop moving the vehicle if the spotter is lost.

-All workers should move away from the vehicle when it's backing up.

Motorists are asked to be cautious when driving near these vehicles. Solid waste management workers face high risks for traffic-related accidents and passing motorists need to practice extreme caution when driving near.

Continue reading "Georgia Work Accident Causes Centerville Worker His Leg" »

Consumers will hit the stores tomorrow for Black Friday, when some of the best shopping deals of the year have traditionally take place the day after Thanksgiving. Our Georgia workers' compensation attorneys know that workers' in the retail industry probably dread this day more than any other because injuries and accidents won't be avoided unless employers take steps to prepare a safe work environment.

Employees are particularly at risk of Black Friday work injuries in Georgia and elsewhere because shoppers come by the thousands and make work environments overcrowded and unsafe. Sales blitzes also make customers a little crazy and violent for fear of missing out on a great deal which can not only put workers in danger but also other customers.

The Occupational Safety & Health Administration recently released guidelines for employers in the retail industry to follow in order to reduce the risk of work-related injuries during sales events or throughout the holiday shopping season. Employers should tackle crowd control management to induce a safe work environment in three phases: planning, set-up and day of event.

Planning
-Hire trained security or police officers for large crowd events.

-Assign workers to a specific area of the store and make sure you have plenty of staff on hand for the event.

-Provide a training seminar to employees so they know how to handle large crowds and can ask questions regarding safety or how to prevent injuries.

-Obtain needed permits or licenses from fire code inspectors as well as alert emergency services of the event.

-Place signage in visible areas that help customers know where to go or what store hours are.

-Prepare an emergency plan in case a dangerous situation arises during the event.

-Advise staff of the emergency plan and make sure they are aware of crowd management procedures.

Event Setup:

-Make sure barricades or rope lines are setup securely before the doors open.

-Keep barricades away from store entrances so that bunching does not occur in sales lines where customers are trying to enter the building.

-Have enough staff available to help with directions and guidance to certain lines.

-"Hot" sales items should be advertised as online sales only to prevent a mad rush of customers getting to the desired sale.

-Keep shopping carts gathered in one location rather than spread out all over the parking lot.

-Prepare pamphlets or flyers indicating where entrances, exits, and special sales items are located.

-Provide staff with communicative devices such as radios or cell phones to relay emergency situations.

Day of Sales Event:

-Have crowd control personnel in place before the doors open.

-Never place crowd control managers in the center of where crowds are entering. Position them along both sides of the line.

-If the store has reached maximum capacity, barricade or rope off the line until customers have left and there is more space available.

-Allow people with disabilities to enter a different location.

-Remind staff to be in constant communication with customers, as well as, other co-workers.

Retail employers have a responsibility to keep workers and consumers safe during large crowd events. Preparedness with crowd control management helps employers to reduce the risk of injury and provide a safe environment for everyone.

Continue reading "Black Friday Sales Events Put Retail Workers at Risk of Serious Injury in Georgia, Nationwide" »

The U.S. Department of Labor recently announced a newly formed Alliance with Restaurant Opportunities Centers United (ROC-United). Our workers' compensation lawyers in Atlanta know that Alliances with the Occupational Safety & Health Administration (OSHA) are meant to improve work environments and reduce the risk of injury in industries that oftentimes are hazardous unless safety precautions are put into place and employees are trained properly.

There are roughly 11.6 million people employed in the restaurant industry nationwide. Almost 30 percent of these full and part-time employees are under 20 years of age. For many, it is the first employment opportunity outside of chores at home and a crucial step in transitioning to adulthood. Young workers are prone to burns, lacerations, or falls at work in Georgia restaurants if they are not properly trained and the employer fails to take the initiative to continually keep the work environment hazard-free.

ROC-United, founded in 2008, has over 7,500 members and is a national organization focused on improving work conditions in the restaurant industry. The Alliance with OSHA will be geared towards presenting case studies so that employers and workers in the industry can learn lessons from previous dangerous situations. Fact sheets, health and safety booklets and suggestions for proper training will be provided to workers and employers to create awareness about burns, falls, cuts and other potential injuries.

It isn't abnormal for parents to fear when their child goes out into the workforce, especially at a young age. Up to this point the power to keep children safe has been in the hands of the parents but now you are relying on someone else. Employers have an obligation to provide a safe work environment for your child but the more knowledge your child can gain the better it will be for their own safety.

OSHA has developed an online tool to help parents and teens gain more knowledge about the dangers leading to severe injury or illness while working in the restaurant industry. Young workers are exposed regularly to electrocution, violence, strains or sprains, toxic chemicals among other hazards. A teen may take a job serving, working the drive-thru window, preparing food or in clean-up but what they need to be aware of is there are dangers in every facet of the job.

The following are potential dangers associated with specific job responsibilities in the restaurant industry:

Serving
-Strains or sprains from carrying heavy dishes or trays stacked full of food orders.
-Trips or falls from not seeing an object in your path or slipping on ice dispersed from a bin.
-Burns from touching hot plates or spilling hot drinks.
-Workplace violence exhibited by customers or employers making vocal complaints or belligerent comments.

Drive-thru window
-Hearing loss initiated by loud background noise from headsets.
-Inhalation of dangerous fumes from a car's exhaust system.
-Back and foot pain from standing on feet for prolong periods of time.

Cooking
-Eye or face injuries caused by oil splashes from scalding fryers.
-Fire hazards from working around open flames or grease traps that aren't emptied.
-Heat exhaustion or heat illness from working in extreme hot temperatures for long periods of time.

Clean-up
-Slip and fall injuries from walking in freshly mopped wet areas or grease spills left on the floor.
-Electrocution from open wires or worn electrical cords.
-Exposure to hazardous chemicals often found in cleaning products like ammonia, detergents, or soaps.

Young workers are at risk of so many potentially dangerous injuries so help keep them safe by teaching them to be responsible and ensuring their employer trains them properly.

Continue reading "Workers at Risk of Burns, Cuts and Falls in Atlanta Restaurant Industry" »

We noted in a previous post on our Georgia Workers' Compensation Attorney Blog that several industries nationwide marked an increase in workplace fatalities in 2010, including private mining and law enforcement. Assaults and violence in Georgia workplaces accounted for the highest number of occupational deaths in our state last year.

Atlanta work injury and illness lawyers understand that employers find it challenging to keep employees from getting injured at work, but employers have obligations to keep workers safe.

One area that needs improvement by all employers nationwide is recordkeeping. In a recent U.S. Department of Labor statement, Secretary Hilda L. Solis indicated that accurate records of employee injuries and illnesses can not only help identify and fix systematic issues in the workplace but it can also help employees not to fear consequences of losing their job if they report an incident at work. In this economy when jobs are hard to find, employees may be keeping their lips sealed for fear of being let go from their duties.

Georgia employees need not fear losing their job when reporting an accident at work. Getting sound advice from an experienced workers' compensation attorney may ease the stress if you are injured at work or come into contact with a hazardous chemical or substance while on the employer's watch.

We are also aware of the 2010 occupational injury and illness summary recently released by the Bureau of Labor Statistics, and the numbers aren't good. As a matter of fact, they virtually remained unchanged from 2009 reporting more than 3 million nonfatal illnesses and injuries in the private industry sector.

Some interesting findings from the 2010 summary:

-Injuries are much more predominant in the private industry sector workplace than illnesses with a 95 to 5 percent ratio of occurrences.

-More than 1.5 million of the nearly 3.1 million private industry illness and injury cases reported were critical enough to require a job transfer, restricted duties or missed time from work.

-DART cases (those requiring lost time from work, a job transfer or limited duties at work) occurred at a rate of 1.8 cases per 100 full-time equivalent employees in 2010, which was the same as those reported the previous year.

-Non-DART cases in 2010 (those considered less severe and not requiring one of the three scenarios listed above) occurred at a rate of 1.7 cases per 100 full-time employees, which was slightly less than the 1.8 reported in 2009.

-Small work establishments are classified as 10 employees or less and mid-size establishments employ anywhere from 50 to 249 employees at a time. When comparing private industry work sites that reported the most cases of illnesses and injuries, mid-size establishments reported the most cases in the private industry sector and small establishment reported the fewest number of cases.

-The service-providing industry reported 2.2 million occupational injuries, which equates to roughly a little more than 75 percent of the injuries in the private sector for 2010. The goods-producing industry reported the next highest number of recordable injury cases in 2010.

-The goods-producing industry reported 29.1 illness cases per 10,000 full-time workers in 2009. In 2010, the incidence rate grew to 31.8 and accounted for 36 percent of all illness cases recorded at work in any industry.

-Of all the goods-producing industries, the manufacturing industry was the highest sub-sector to report illness cases in 2010. The 2010 incidence rate was 41.9 illness cases per 10,000 full-time equivalent workers.

-Local and state government employees reported 5.7 illness and injury cases per 100 full-time workers or approximately 820,300 cases overall in 2010.

-Approximately 4 out of every 5 illnesses and injuries in the public sector in 2010 were local government workers. The incidence rate was significantly higher for local government workers in 2010 than state government workers at 6.1 cases to 4.6 cases per 100 full-time employees respectively.

Continue reading "Accurate Recordkeeping Can Help Fix Workplace Safety Issues in Georgia" »

We posted previously on our Georgia Workers' Compensation Attorney Blog that there were 4,500 work-related deaths in 2010. Translation: work accidents in Georgia and nationwide are killing workers at a rate of 3.5 per 100,000 full-time equivalent employees on average, and roughly 12 workers are losing their lives every single day while at work.

According to U.S. Department of Labor's Bureau of Labor Statistics 2010 Workplace Illness and Injury report recently released, employers are reporting illness and injuries pretty frequently too. In 2010, there were almost 3.1 million illnesses and injuries reported among private industry employers that did not result in fatality.

Our Workers' Compensation attorneys in Atlanta can't help but wonder how many workplace injuries or illnesses go unreported because an employee is either scared to report, thinks an injury is minor and doesn't need reporting, or employers try to cover up an illness or injury so they can continue to exhibit an impeccable record. We urge workers to always report or get medical attention for work injuries, no matter how insignificant they may seem. You never know what can come from these health issues weeks, months or even years down the road.

We find these key findings worth mentioning:

-In 2009, the incidence rate of cases per 100 full-time equivalent employees was 3.6. In 2010, there was a slight improvement to 3.5 cases per 100 workers.

-Total recordable cases with regard to incidence rates combining illness and injuries for private industry job sites declined significantly.

-Healthcare and social assistance employees recorded a rate of 5.2 cases per 100 full-time employees for illnesses and injuries in 2010. This was a slight improvement from the 2009 rate of cases, which was 5.4. Interestingly, we note health care and social assistance was the only private industry sector that reported more job growth and hours worked in 2010 than in 2009.

-The manufacturing industry reported 4.3 cases per 100 full-time employees in 2009. In 2010, the rate of cases increased to 4.4. The manufacturing industry was the only private industry sector to show an increase in incidence rates from one year to the next when reporting illness and injuries. This likely is a result of fewer hours worked rather than fewer illness and injury cases being reported.

-There was a 7 percent decrease in total recordable cases in the private construction industry sector in 2010. The incident rate changed from 4.0 cases per 100 full-time equivalent workers in 2010 from 4.3 in 2009. Specialty trade laborers showed a similar decrease reporting 4.3 cases in 2010, which was a .3 decrease from the previous year. We surmise that the decrease in specialty trade contractors had much to do with the overall decrease in the private construction industry.

-State and federal government workers reported incidence rates of 5.7 cases of illness and injuries per 100 full-time equivalent employees. There are over 18 million workers in the national public sector.

-The incidence rate for illness cases overall showed minimal change from 2009 to last year but poisoning was one category that reported an increase. There were 3 reported cases of poisoning for every 10,000 full-time employees in 2010.

Continue reading "Reportable Illnesses and Injuries at Work a Concern for Workers' Compensation Lawyers in Atlanta, Statewide" »

The National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) have teamed up to create a new guidance to further help prevent work accidents in Atlanta and elsewhere. The new guidance, "Nail Gun Safety - A Guide for Construction Contractors," can be used by employers in the construction industry to help prevent work-related injuries caused by nail guns.

"Nail gun injuries are responsible for approximately 37,000 emergency room visits annually. In some cases, workers have died from their injuries," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Our Atlanta workers compensation lawyers hope that this new guidance will help employers make some much needed changes to help to ensure the safety of all employees. Nail gun-related injuries are preventable. Employers are asked to take all of the proper safety precautions to keep workers safe on the job. Accidents can happen when we let our guard down. It's important for employers to stay one step ahead of the game and to remove all potential hazards before they're able to harm workers.

Many construction workers, especially those working within residential construction, use nail guns daily. These tools are vital on many work sites. While they're extremely easy to use and speed up productivity on every site, we have seen numerous reports of both internal and external bodily injuries from these devices.

Common causes of nail gun-related injuries:

-Unintended nail discharge.

-Ricocheting nails that bounce off hard surfaces.

-Missing work pieces altogether and being shot into the air.

-Disabling a nail gun's safety feature.

A recent study concluded that roughly two out of five residential carpenter apprentices have experienced at least one nail gun-related injury in the last four years. Many times, when these types of accidents happen, they are not reported or given the proper medical treatment.

Research has concluded that the risk of an injury from a multi-shot contact trigger is twice as high as when a worker is using a single-shot sequential trigger nailer.

All supervisors, builders, subcontractors and construction contractors are urged to review the new guidance to help reduce the risks of these types of accidents.

Consider these six practical steps that can help all contractors to avoid a nail gun-related accident:

-Be sure to use full sequential trigger nail guns.

-Make sure all workers are provided with the proper training.

-Make sure that all work sites and work crews understand nail gun procedures.

-Make sure all workers have personal protective equipment (PPE).

-Set up a system to ensure injuries, accidents and close calls are reported.

-Be sure that all injuries are treated with first aid care or medical treatment.

Since the Occupational Safety and Health Act was enacted in 1970, employers have been held responsible for making sure that all work sites are healthful and safe for employees. Some of the most routine and simple activities can turn deadly if simple safety steps are not taken.

Continue reading "New Guidance to Help Prevent Nail Gun-Related Work Accidents in Atlanta and Elsewhere" »

There are three new guidance products that have been released by the Occupational Safety and Health Administration (OSHA) to help educate employers and employees about the dangers that trenching workers face. Some of the deadliest work accidents in Georgia and elsewhere that are experienced by the construction industry happen in unprotected trenches. There were more than 200 fatal work accidents from trench cave-ins since 2003. Hundreds more workers were injured in these accidents during the same time. OSHA concludes that many of these accidents could have been prevented. Carelessness on the job leads to injured workers.

"No worker's life should end in a trench. Cave-ins during excavations are some of the most common and grisliest causes of worker fatalities in construction, yet they are entirely preventable," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Our Atlanta workers compensation attorneys understand that there are large amounts of trenching violations that continue to occur within this industry. Workers are urged to report any violations to project managers and to OSHA to help ensure work site safety. An attorney can play a key role in fighting for your rights if you or a loved one has been injured in one of these accidents.

The new educational material that OSHA has provided will be used to help educate employers about the vital precautionary steps that must be taken throughout these types of projects. Employers are urged to review this information and to share it with supervisors and employees to help reduce a risk for a trenching accident. Many trenching accidents are preventable when proper safety precautions are taken.

The three new guidance products:

-"Trenching and Excavation:" This fact sheet provides an overview of a number of dangers that a trenching worker can face. It also provides workers and employers with safety precautions to help prevent accidents.

-"Working Safely in Trenches:" This QuickCard is a simple guide to work against safety hazards.

-"Do Not Enter an Unprotected Trench!:" This is a poster that can be used in workplaces to help educate employees about preventative safety measures to use to make sure everyone is safe near and in a trench.

According to the U.S. Bureau of Labor Statistics, there were more than 270 workers who died from a trenching or an excavation cave-in from 2000 through 2006.

Although the dangers associated with trenching and excavation are typically preventable, we continue to see far too many injuries and fatalities in this field or work. These accidents can be prevented by safe work practices, protective equipment and engineering controls.

Continue reading "New OSHA Materials to Help Prevent Fatal Trenching Accidents in Atlanta and Elsewhere" »

Work accidents in Georgia are preventable when employers take the proper safety precautions to eliminate potential hazards. According to the Occupational Safety and Health Administration (OSHA), a number of Georgia companies were recently cited and fined after violations of safety standards were discovered.

Our Atlanta workers compensation attorneys understand that nearly 5,000 people were killed in work-related accidents in the U.S. in 2009. The Bureau of Labor Statistics reports that there were nearly 4,000 employees injured on the job in Georgia in 2009. Many of these injuries could have been prevented if employers did a better job of making their work sites safer for employees.

A Doraville-based masonry contractor received several citations and fines of more than $164,000 for safety violations at several work sites in Conyers and Sugar Hill. Of these violations, four were received for repeat issues. These included failing to provide platforms and guardrails to prevent workers from falling; lack of toe boards; lack of ladders; lack of face and eye protection; and exposing workers to dangerous mixer blades.

They were also issued numerous violations for failing to enact a hazard communications program, for not keeping copies of safety information sheets and for failing to discuss hazardous chemicals with workers. Lastly, they were given an other-than-serious citation for neglecting to make sure that all industrial truck operators were trained and certified.

This concrete producer in Gainesville was handed nearly 20 health and safety violations that totaled more than $120,000 for failing to protect employees from a work-related accident. One willful safety violation was issued because the company made employees perform maintenance on vehicles and equipment within three feet of an open and unguarded pit. OSHA felt that these conditions made their risks of a fall accident extremely high. They were also handed six repeat violations for neglecting to properly mark the signs at the facility's fire exit doors; neglecting to remove equipment that was blocking exit routes; failing to provide proper tagout/lockout training to workers who perform maintenance on equipment and machinery; failing to block off an unused opening in an electrical panel; and for not properly protecting workers from various electrical shock hazards.

The company's Tifton construction site was cited 14 times and fined more than $55,000 because the company failed to protect workers from various fall hazards; failed to use ladders that extended more than 36 inches past the upper landing surface of a roof; used an extension ladder that was cracked and had missing and broken parts; and failed to require employees to wear eye protection when needed. These were all repeat violations. It was also handed a number of serious violations for exposing workers to fall hazards; letting forklift workers go without a lanyard and a body belt; and didn't require employees to use head protection in hazardous areas.

Employers are required to take all of the proper safety precautions to help prevent work-related accidents that could injure or kill anyone on a work site. If a company fails to take any of these precautions, it will be cited by OSHA and the company will be required to pay the consequences.

Continue reading "OSHA Cites Companies for Failing to Prevent Work Accidents in Georgia" »