Before the explosion, three of the workers supervised by David Senko told him that they were considering quitting or leaving for other jobs. Senko convinced them to keep their jobs.

They died in the explosion.

Senko was not in Texas when the explosion occurred. After the incident, Senko’s supervisor asked him to return to Texas to help identify those killed.

Senko claims to have suffered mental anguish and physical injuries including anxiety, shingles, hypertension and hypercholesterolemia.

He sued BP, claiming it was liable for negligence and intentional infliction of emotional distress. He wanted damages for physical injuries and mental anguish.

BP asked that the lawsuit be thrown out.

The court agreed with BP and threw out the case. It said someone can not successfully sue unless severe emotional distress was the primary risk created by the company’s reckless conduct.

The court said Senko could not prove that emotional distress was the primary risk of BP’s negligence in maintaining the refinery.

What do you think about the court’s decision? Let us know in the Comments Box below.

Cite: Senko v. BP, Court of Appeals for the First District of TX, No. 01-08-01022-CV, 11/5/09.

The answer is, “Yes.” It’s all about proper ergonomics.

The sitting position flattens the small of the back, increasing the pressure on the discs in the spine. When a person sits, the discs may not be able to handle the vibrations coming from a moving vehicle.

Also, the ligaments in the back that help hold the spine together can stretch and slacken when the body is in a sitting position for a long time. And the ligaments can stay that way for a while, even after the driver stands.

The stresses on employees’ discs and ligaments can increase their risk for back injury.

Who’s at risk? Truck drivers, emergency medical technicians, mass transit drivers, delivery people, heavy equipment operators, farmers and forklift operators.

Here are some reminders you can give these workers to avoid injury from driving:

• Make sure you can reach the steering wheel without stretching your arms
• Adjust the seat so you can press the foot pedals without moving your lower back forward off the seat back
• Tilt the seat cushion until your thighs are supported along the full length of the cushion without pressure at the back of your knees
• Tilt your seat a notch or two back and forth every half hour to change the direction of vibration on your body
• Keep the vehicle’s suspension in good working order
• Use a lumbar support (or a rolled up towel) to help you fit the back rest to your back
• Use good posture, and
• Take regular stretch breaks for several minutes every hour or two.

Click here for more information.

On Nov. 28, 2008, Jdimytai Damour was trampled to death at Wal-Mart’s Valley Stream, NY, store as 2,000 shoppers surged inside for its annual day-after-Thanksgiving sale.

OSHA issued Wal-Mart a $7,000 fine under the General Duty Clause. The federal safety agency says employees were exposed to being crushed by the crowd due to the store’s failure to implement reasonable and effective crowd management.

Wal-Mart contested the fine, and the case will be heard before the Occupational Safety and Health Review Commission.

The giant retailer agreed to pay nearly $2 million and improve safety at its 92 New York stores as part of a deal with local prosecutors. Wal-Mart set up a $400,000 victims compensation and remuneration fund and gave $1.5 million to local social service programs and nonprofit groups.

To prevent similar incidents, OSHA recommends retailers:

• have trained security personnel or police officers on site
• set up barricades or rope lines for pedestrians and crowd control well in advance of customers’ arrival
• make sure barricades are set up so the customers’ line doesn’t start right at the store entrance
• prepare an emergency plan that addresses potential dangers, and
• have security or customer service personnel explain entrance procedures to the public.

OSHA’s full list of crowd control guidelines is available here (PDF).

The agency also reports that 22 million swine flu cases occurred during the same period.

In an average flu season, flu contributes to the deaths of about 36,000 people, with 90% age 65 or older. Many of them have other underlying health conditions.

That’s not been the case with H1N1. The vast majority of deaths have been in people age 18 to 64, and about 25% of them were healthy before contracting the virus.

Of the 4,000 total deaths, about 540 have been children age 17 and under.

Key message: We’ve got at least four more months to go in the flu season this year. H1N1 has just started to show the impact it can have. Employees still have to heed warnings to wash their hands frequently and stay out of work if they have flu symptoms and a fever.

Let’s use a sports analogy. A recent article in The Wall Street Journal asks the question, “Is it time to retire the football helmet?”

The reason behind the suggestion: While helmets reduce the chance of death on the field, they also create a sense of invulnerability that encourages football players to collide more forcefully and more often, according to the article. If they weren’t wearing helmets, they’d be less likely to have head-on collisions with other players.

And research shows that, in the cases of these football players, brain damage isn’t necessarily the result of any one trauma, but the accumulation of thousands of seemingly minor blows to the head.

No one is really suggesting the NFL do away with helmets.

What is being suggested is changing some of the rules of football to make head-on collisions among players less likely.

Now, let’s apply this to workplace safety.

Here’s one example: Will fall protection equipment absolutely prevent a worker’s injury or death if that person is taking too many risks while wearing the equipment? Of course not.

Safety pros know that, but some workers don’t get it. Here’s a message workers have to hear every so often: Safety gear doesn’t make you invincible. Avoiding injury also requires proper use of the PPE, employees sticking to safety rules, not taking unnecessary risks, etc.

One of the most effective ways to counter workers’ thoughts that they’re invincible is to show them how others have been injured at work. Invite someone who suffered a serious — and possibly debilitating — workplace injury to speak at a safety meeting. Ask the person to explain in detail how the injury has affected his or her life — how everyday activities can no longer be taken for granted.

How have you dealt with employees who feel an injury “won’t happen to me”? Let us know in the Comments Box below.

“Sixteen workers are killed a day in the United States because of reckless negligence on the part of their employers,” according to a new Web site.

The statement on the home page of 16deathsperday.com goes on to say, “Under existing laws, these employers get a slap on the wrist, or walk away scot-free. Meanwhile, workers who blow the whistle face threats and retaliation at the workplace.”

A five-minute video profiles two workplace fatalities where companies paid relatively small fines and didn’t face criminal prosecution.

The group’s message: Companies would rather pay low OSHA fines rather than spend more money on worker safety.

To change that, the Web site endorses passage of the Protecting America’s Workers Act. That bill would:

• allow OSHA to pursue criminal charges against a company for an employee’s death, including fines and up to 10 years in prison for owners and managers. Criminal penalties for serious bodily injury to an employee could include up to five years in prison.
• increase the civil penalty for an employee death from $50,000 to $250,000, with a minimum $25,000 fine for companies with 25 or fewer employees
• raise the maximum fines for willful and repeat citations to $120,000, and
• increase OSHA fines every four years for inflation.

What do you think of 16deathsperday.com’s message? Let us know in the Comments Box below.

Joseph Teixeira was killed at the Northern Wind facility in New Bedford, MA, while performing maintenance work inside a large, industrial, ice-making machine.

The machine was activated while Teixeira was inside, and he was caught in the moving parts. An autopsy determined the cause of death was asphyxiation because of chest compression.

OSHA found that the plant lacked procedures to power down and lock out the ice machine before employees entered it.

Northern Wind faces 19 serious and 4 other-than-serious citations. It has 15 days to contest the fines.

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The group calculates a Pedestrian Danger Index (PDI) for each area based on number of deaths per 100,000 residents and the percent of employees walking to work.

Here are the top 10 most dangerous areas along with their corresponding PDIs:

1. Orlando-Kissimmee, FL: 221.5
2. Tampa, St. Petersburg-Clearwater, FL: 205.5
3. Miami-Fort Lauderdale-Pompano Beach, FL: 181.2
4. Jacksonville, FL: 157.4
5. Memphis, TN: 137.7
6. Raleigh-Cary, NC: 128.6
7. Louisville/Jefferson County, KY-IN: 114.8
8. Houston-Sugar Land-Baytown, TX: 112.4
9. Birmingham-Hoover, AL: 110.0, and
10. Atlanta-Sandy Springs-Marietta, GA: 108.3.

The three safest areas are the New York City metropolitan area, Boston and Minneapolis.

Overall, nine of the ten most dangerous metros are in the South, including the top four in Florida. Transportation for America says these areas are dominated by lower population density and vehicle-oriented development patterns.

On the other hand, metros in older northeastern and northern states did much better because they have compact development patterns.

Transportation for America is calling for more spending to cut down on pedestrian deaths, noting that walking and bicycling is becoming more popular as gas prices go up and workers turn to alternative forms of transportation.

In a court settlement with Public Citizen, the Federal Motor Carrier Safety Administration has agreed to reissue the rules. Public Citizen and other groups had filed a lawsuit contesting the regulations.

Under FMCSA’s Nov. 19, 2008 Final Rule on Hours of Service for Drivers, driving hours expanded from 10 to 11  hours within a 14-hour window. Drivers could also restart their weekly on-duty limits after having at least 34 consecutive hours off duty.

Public Citizen and other groups claimed that commercial drivers would be less safe if they were allowed to drive more hours per week.

FMCSA has agreed to propose a new rule no later than July 2010. The agency has also agreed to publish a final rule by July 2011.

The court settlement is online here (PDF).

Injuries and illnesses occurred at a rate of 3.9 cases per 100 equivalent full-time workers. The 2007 rate was 4.2, according to the Bureau of Labor Statistics.

There were 3.7 million total nonfatal injuries and illnesses in 2008 compared to 4 million in 2007.

Occupational injuries and illnesses have declined significantly each year since 2003.

The injury and illness rate was highest among mid-size companies with 50 to 249 employees, and lowest among small companies with fewer than 11 workers.

U.S. Secretary of Labor Hilda Solis said she was “cautiously optimistic” about the injury rates. But she also noted that OSHA has launched a National Emphasis Program on Recordkeeping that will help assure the accuracy of injury and illness data reported by employers.

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JORDAN DAVID, manufactures of industrial slip resistant footwear introduce the SPARE SPIKE ice cleat, the first device of its kind to feature an extra replacement cleat that travels with the user!

SPARE SPIKE is a light weight and compact ice and snow walking device that fits easily and conveniently over all types of shoes and boots.  The SPARE SPIKE is designed to increase traction and reduce slips and falls in slippery outdoor winter conditions.  SPARE SPIKE can help reduce worker’s compensation costs through reduced slip and fall claims.

The SPARE SPIKE is extremely easy to use and can be put on or taken off in under 30 seconds ensuring practically no interruption to the workday.   Weighing in at less than 4 ounces per foot, the SPARE SPIKE is virtually inconspicuous on the user’s foot or when carried in a pocket.

The traction on SPARE SPIKE comes from 16 carbonized steel studs underfoot which enable employees to walk confidently in Mother Nature’s harshest environments.  The spikes on the SPARE SPIKE are replaceable and can be done so without any special tools.  Each pair of SPARE SPIKE features a patent pending spare cleat built in to the upper portion of the toe area.  Like a spare tire in the trunk of your car, this enables the user to replace any cleats that may dislodge during the course of a workday without compromising their walking safety or forcing them to have to return to the warehouse or vehicle.

The SPARE SPIKE features a dual rear pull-tab for easy on and off and an aggressively treaded sole that is designed to provide additional traction in thicker snow conditions.  The SPARE SPIKE also features a patented Trim LineR feature that allows the user to remove the heel portion of the device if required for additional safety reasons.

Whether your employees are women with smaller shoe sizes or individuals with oversized insulated boots or metatarsal guards, the SPARE SPIKE is guaranteed to fit every one of your employees.  It is sized from an XS that will fit a shoe as small as a women’s 4 up to an XXL that will easily fit a men’s size 18. SPARE SPIKE is part of JORDAN DAVID’S full line of All TractionT Footwear.  For more information contact JORDAN DAVID, toll free 1-888-No-Slips.

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A government labor official says a McDonald’s store manager who died of a brain hemorrhage was a victim of “karoshi” — death by overwork.

The 41-year-old woman had worked more than 80 hours of overtime per month on average for the six months before her death. She suffered from headaches for three weeks before the brain hemorrhage.

She collapsed during a training program and died in the hospital three days later.

The determination that work caused her death makes her dependent family members eligible to receive a public pension.

Japan’s welfare and labor ministry investigates whether deaths are caused by overwork if the employee worked 80 or more hours of overtime for the preceding six months or 100 hours for the previous one month.

The ministry attributes about 150 deaths each year to karoshi, usually through strokes or heart attacks.

Earlier this year, a judge ruled a man’s suicide was due to his working conditions and ordered his employer to pay 100 million yen ($1.2 million) to his surviving relatives.

A judge ruled the company, an agricultural co-operative, failed to fulfill its duty to ensure workplace safety and prevent his death.

Do you think it’s possible to determine if an employee’s stroke or heart attack was caused by working too many hours? Let us know in the Comments Box below.

The Bureau of Labor Statistics says 39% of workers don’t have paid sick time. Result: People who can’t afford to receive smaller paychecks go to work sick. Then they spread their illness — including flu — to their co-workers.

“Providing workers with paid sick days is essential if we’re going to get serious about the public health recommendations for swine flu — stay home until 24 hours after your fever is broken,” said George Benjamin, executive director of the American Public Health Association. Staying home until a fever is broken may take up to five days.

According to The New York Times, workers at some retailers and restaurants say their employers’ policies discourage them from calling in sick.

Wal-Mart issues employees a demerit point when they miss a day of work. If employees get four demerits in six months, they begin receiving warnings that can lead to dismissal.

Fast food chain White Castle says its policy is that when an employee is ill, they are allowed — and required — to stay home until they’re well. However, White Castle doesn’t provide paid time off. A company VP says workers don’t have to lose pay because they can make up the missed time by working more hours after they’re well.

Supporters of a bill in Congress that would mandate companies with 15 or more workers to provide seven paid sick days a year are using the H1N1 pandemic to push their cause.

Business groups oppose the measure, saying it’s expensive and unnecessary.

Does the U.S. need to mandate paid sick time for workers? Let us know what you think in the Comments Box below.

Specifically, NHCA is calling on OSHA to:

1. lower the permissible exposure limit (PEL) for noise to an 8-hour time-weighted average level of 85 A-weighted decibels (dBA) using a 3 dB time/intensity exchange rate.
2. apply the revised PEL to all U.S. industrial sectors, including construction, agriculture, oil and gas drilling and servicing, and shipbuilding, which aren’t effectively covered now, and
3. rescind the policy in the OSHA Field Operations Manual which permits exposures of up to 100 dBA without employer efforts to implement noise control.

The current PEL for noise is 90 dBA with a 5dB time/intensity exchange rate.

The National Institute of Occupational Safety and Health (NIOSH) and the American Conference of Governmental Industrial Hygienists (ACGIH) have both called for an 85 dBA exposure limit. Many other nations have already lowered their noise PELs to that level.

Do you think the noise PEL needs to be lowered? Let us know in the Comments Box below.

An employee is injured while playing volleyball. He files for workers’ comp, saying it was part of his job. His employer disagrees, saying it wasn’t part of his tasks. Does the employee in this case get comp?

Here are the details:

Sean Murphy worked at a fitness facility as a fitness supervisor.

One day while at work, a co-worker asked him to participate in a game of wallyball (volleyball on a racquetball court).

At first he declined, but the co-worker, who wasn’t his supervisor, insisted, saying without him, the game couldn’t go forward “because they didn’t have enough people to participate.”

He agreed to play, and when he jumped up to block a shot, he came down and injured his right leg.

He underwent surgery to repair a fracture.

Since one of his duties was to promote and implement the classes and programs that his employer offered, he filed for workers’ comp.

An arbitrator awarded him comp benefits. The employer appealed for these reasons:

• Murphy had no duties in the racket sports department
• Wallyball wasn’t within Murphy’s responsibilities
• His supervisor never ordered or directed him to play or participate
• The center had a policy prohibiting employees from playing while they were on duty, and
• Playing wallyball was a voluntary recreational activity.

A state court upheld Murphy’s comp benefits, saying his participation in the game “clearly benefited the business of operating a health facility and [Murphy] clearly believed the activity was part of his work duties.”

The court said Murphy’s situation was similar to that of a pro athlete: Recreational activity was part of his job.

What’s your opinion of the court’s decision? Let us know in the Comments Box below.

Cite: Elmhurst Park District v. Sean T. Murphy, Appellate Court of IL, No. 07-MR-947, 10/6/09. (PDF)

Mezzanine Safety Gate

The Protect-O-Gate CLEAR-AISLE model is a revolutionary breakthrough for reducing the potential for falls and other accidents associated with mezzanine loading areas while taking up only 10” of aisle space. When “corral” is raised, ledge gates slide down so the worker has access to the load. Fall potential is eliminated. When “corral” is lowered, ledge gates slide up so the worker is blocked from the staging area. The CLEAR-AISLE provides access to the work area from three sides. It requires only 10” of space on the mezzanine ledge when “corral” is in the raised position. It offers ergonomic, counterbalanced operation. Durable, welded steel construction.

Senator Jay Rockefeller (D-WV) originally drafted The American Communities Right to Public Information Act as a separate piece of legislation. It was passed into law as part of an appropriations bill for The Department of Homeland Security.

The amendment makes clear that the Sensitive Security Information designation created by recent homeland security laws can’t be used to withhold information that the government should share with the public.

The legislation was drafted in response to the Bayer CropScience explosion in August 2008 that killed two workers in Institute, WV.

The U.S. House Energy and Commerce Committee accused Bayer of using a “campaign of secrecy” regarding the explosion.

The committee said Bayer withheld critical information from emergency responders and investigators from the U.S. Chemical Safety Board.

The appropriations bill says information may not be designated as security sensitive “to conceal a violation of law, inefficiency, or administrative error … to prevent embarrassment to a person, organization or agency … to restrain competition … or to prevent or delay the release of information that doesn’t require protection in the interest of transportation security, including basic scientific research information.”

The American Industrial Hygiene Association (AIHA) recently released a position statement on ergonomics (PDF) which supports “the development of ergonomics-related reporting, regulations and standards as a more effective long-term strategy” than guidelines.

AIHA says ergonomic regulations should focus on the development of health and safety programs that reduce the risk of musculoskeletal diseases (MSDs).

Specifically, AIHA has called for OSHA to:

• develop a strong and clear minimum standard for the recognition and abatement of hazards that result in MSDs based on the best available scientific and medical knowledge, and
• continue to require employers to record MSDs on Form 300, Log of Work-Related Injuries.

Earlier this year, interim OSHA administrator Jordan Barab called ergonomics “the 60,000-pound elephant in the room.” He acknowledged OSHA can’t create a new standard. Congress barred OSHA from issuing a similar standard when the original ergonomics rules were overturned in 2001.

However, Barab said, “we can fix this.”

Even during the Bush years, OSHA issued 19 General Duty Clause (GDC) citations for ergonomics.

Should OSHA address workplace ergonomics through regulations? Or should the agency just use the GDC to issue fines when it finds ergonomic problems? Let us know in the Comments Box below.

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MCR Safety now offers a 16” over the sock, 100% waterproof boot constructed of durable Polyurethane material that provides a high resistance to chemicals while providing exceptional shock absorption, insulation, and softness.  Steel toe meets ASTM 2412-05 and 2413-05 requirements and offers protection against impact and falling objects. Features cleated sole for excellent grip and slip resistance, polyester liner and kick off lug for ease in putting on and taking off.  Anti-Fungus and Anti-Bacteria treated.  Color: Brick with Beige outsole or Blue with Gray outsole.  Also available with plain toe.  Sizes available 5-14.  Call 800-955-6887 or visit www.mcrsafety.com for all of our PPE offerings.

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As states pass non-smoking laws, fewer service employees are exposed to customers’ second-hand smoke. But should companies be liable for their workers who still encounter it on the job? Some businesses are facing lawsuits.

Lawyers have filed two class-action lawsuits against Las Vegas casinos, alleging that the health of employees is being affected by second-hand smoke.

The latest lawsuit is against the Wynn Las Vegas. The first one was against Caesars Palace.

Caesars hasn’t filed its answer to the lawsuit. Wynn Las Vegas didn’t respond to a request for comment by the Las Vegas Sun.

The suit says the smoke is causing employees to suffer eye irritation, coughing, sore throat, sneezing, shortness of breath, dizziness, wheezing, tightness in the chest, asthma, headache, nausea, and ingestion of cancer-causing chemicals and toxins.

Lawyers for the casino workers claim some Las Vegas properties have taken measures to minimize second-hand smoke on their gaming floors. The Bellagio has a high-tech air filtration system. The Palazo built smoke-free corridors and half of its gaming area is non-smoking.

The suit also charges that Wynn employees risk losing their jobs if they complain about the second-hand smoke.

The suit seeks an order requiring Wynn “to take reasonable measures to protect its employees from second-hand smoke” and unspecified costs and attorney’s fees.

The suit against Caesars notes that the Palace and its sister properties, Bally’s and Paris, were part of a study released in May by the National Institute for Occupational Safety and Health (NIOSH).

The study found that casino dealers had traces of a tobacco-specific carcinogen in their urine. The NIOSH study said, “The increase in [a known lung carcinogen] in the urine of most non-poker casino dealers at the end of their work shift demonstrates that non-poker casino dealers are exposed to a known carcinogen in the tobacco smoke at the casinos. The best means of eliminating workplace exposure … is to ban all smoking in the casinos.”

What do you think about the lawsuit? Should a court be able to order a business to go smoke-free? Let us know in the Comments Box below.

The previous largest penalty was also against BP after the Texas City explosion. BP signed a settlement with OSHA and agreed to pay $21 million in fines.

As part of the settlement, BP also agreed to correct violations at the plant. OSHA claims it hasn’t. It’s issued 270 citations for failure-to-abate previous violations. That totals $556.7 million in fines at a rate of $7,000 per fine times 30 days.

OSHA also found 439 new willful violations, totaling $30.7 million.

Since the 2005 incident, four more fatalities have occurred at the Texas City facility.

The New York Times reports that, in the 30 years before the 2005 explosion, there were 23 deaths at the Texas City refinery.

“The $87 million fine won’t restore those [15] lives, but we can’t let this happen again,” said U.S. Labor Secretary Hilda Solis.

“BP was given four years to correct the safety issues identified pursuant to the settlement agreement, yet OSHA has found hundreds of violations of the agreement and hundreds of new violations,” said acting OSHA administrator Jordan Barab.

Since the explosion, BP has settled more than 4,000 civil claims, paid from a $2.1 billion fund it set aside.

The BP refinery is the third largest in the country.

Do you think this large fine is justified against BP? Let us know in the Comments Box below.

You can also take our Quick Poll on the subject on our home page.

The number of violations in the top 10 increased almost 30% over the same time period in 2008.

The violations are:

1. Scaffolding: 9,093
2. Fall protection: 6,771
3. Hazard communication: 6,378
4. Respiratory protection: 3,803
5. Lockout/tagout: 3,321
6. Electrical (wiring): 3,079
7. Ladders: 3,072
8. Powered industrial trucks (forklifts): 2,993
9. Electrical: 2,556
10. Machine guarding: 2,364.

OSHA will update these numbers later in 2009. The preliminary list was released at the National Safety Council’s annual congress.

A worker at David’s Cookies was assigned one day to pack biscotti into boxes after they passed through a chopping machine. Sometimes small bits of cookie caused the machine to get clogged.

The employee had worked at the cookie production plant for a year, but never near the biscotti machine. She didn’t speak or read English.

The biscotti machine got clogged. While it was still running, the employee reached her hand under the machine’s guard. Her hand came into contact with the blade, and its chopping motion caused her significant injuries.

The worker sued her employer for intentional harm.

David’s Cookies pointed out that the machine had a proper guard and a sign with a pictogram that showed workers they shouldn’t stick their hands into the machine. Workers’ comp should cover this case, the employer said.

The employee argued she’d never been given training on the biscotti machine.

The company won when the court threw out the lawsuit. The judge wrote an employer “could … assume that a rational person is not gonna stick his hand in a machine that’s being operated by electrical power” but would “call somebody or pull the plug or disengage the machinery.”

Cite: Cong Su v. David’s Cookies, Superior Court of NJ, 8/10/09.

The magazine used four criteria: workplace deaths, violent crime, fatal crashes and natural disasters.

And the winner is: Minneapolis. The city ranks in the top 10 in all four categories.

The Midwest placed four metropolitan areas in the top-10 list. Milwaukee came in #2, Cincinnati #9, and Cleveland tied for #10 with Denver.

Is New York City really unsafe? Not according to this survey. It ranked #8.

Milwaukee had the lowest natural disaster risk of the cities considered. Portland, OR, had the lowest crime rate and came in #3 overall.

Boston and Seattle were tied for fourth because of low traffic fatality rates. Why do they have fewer traffic deaths per capita? They have better mass transit systems that keep drunk drivers off the road.

When it comes to measuring workplace deaths, the industries located in the cities come into play. There are fewer deaths per capita in areas like Seattle and San Jose (#7 overall) where there are lots of technology and service jobs. Pittsburgh and Indianapolis didn’t make the top-10 list because of more industrial jobs with higher fatality rates.

Forbes only looked at the top 40 most populated metropolitan areas. So places like Memphis, TN, and Richmond, VA, weren’t ranked.

Capanna worked for a contractor that had been hired by an oil refinery in Paulsboro, NJ.

Oct. 5, 1979 was his last day on the job there. He’d been concerned about some other injuries that had occurred at the refinery.

The final job: Remove an old water pump. The bolts that held the pump in place were so rusted they couldn’t be moved. So Capanna got the OK to use an acetylene torch to burn the bolts off.

He was burning off the last bolt when there was an explosion and flash fire.

Turns out, the pump wasn’t for water, it was for crude oil. Capanna was covered in crude oil, and he burst into flames.

The flash blinded him, but he managed to get out of the building that housed the pump. His flesh was engulfed in flames, and he fell.

Two other workers patted the flames out.

Capanna continued to burn for hours because the hot crude oil had stuck to him.

Through all this, he never lost consciousness. He felt everything, and burns are some of the most excruciating injuries because they leave nerves damaged and exposed.

As part of his treatment, his eyes were sewn shut for three months so his eyelids would not shrink while awaiting a skin graft. A pair of glasses worn during the blast saved Capanna’s sight.

In 1979, psychological treatment for severe burn patients was different than today. There were no mirrors anywhere in his hospital room where he could see himself. Even spoons were plastic so he couldn’t see his reflection in them.

One day while he was away from his room working with a physical therapist, Capanna slipped into a public restroom to look in the mirror.

The site of his own face made him throw up. He wasn’t prepared for what he saw in the mirror: missing ears, lips and nose.

“I was devastated,” Capanna said.

Over the course of 20 years, Capanna had 75 surgeries to close his skin and reconstruct his nose, ears and lips.

But reconstructive surgery has its limitations. Children would look at him and say, “Look mommy, a monster.” Adults would turn away from him.

Today, Capanna works with the Phoenix Society, a national organization that works with people who suffer burn injuries.

He recently told his story to The Pocono Record. It’s a story that’s sure to have an impact on workers.

The Book of Odds (www.bookofodds.com) compares the risks and uncertainties of daily life.

The site has an entire category on Accidents & Deaths, and a sub-section on Workplace Accidents.

Among the statistics you’d find there:

• 1 in 25.89: the odds a workplace death will be caused by an electric current
• 1 in 32.86: the odds a workplace death will be caused by an aircraft accident
• 1 in 16.05: the odds a workplace death will be caused by being struck by a vehicle.

You get the picture. So a worker is more likely to die on the job from being struck by a vehicle than an aircraft accident.

Short articles on topics also contain links to the source of the information, such as the Bureau of Labor Statistics.

So the next time naysayers in a safety training class say, “What’s the chance of that kind of accident happening here?” you can tell them.

A survey shows 91% of Americans said they want their co-workers to remain at home if they’re infected with H1N1.

And those workers have support from the Centers for Disease Control and Prevention (CDC). The agency recommends people with flu stay home until their temperature drops below 100°F without pain relievers for 24 hours to reduce its spread.

Other findings from the Mansfield Communications survey of 2,029 Americans:

• 69% of workers said they’d received no communication about policies in the workplace pertaining to H1N1
• 84% believe the recession creates more pressure to show up for work, even if they feel sick
• 47% said they’d still engage in public activities (riding the bus, picking up a prescription or grocery shopping) even when they were infected with H1N1 and required to stay home from work, and
• 84% were likely to report a colleague who had flu symptoms.

Recently, SafetyNewsAlert.com asked our readers how prepared they were for a swine flu outbreak:

• 52% somewhat prepared
• 29% not at all prepared
• 17% well prepared, and
• 2% don’t think swine flu will affect their company.

So if you’re like many businesses playing catch-up when it comes to flu preparedness, the federal government has a Web page with suggestions.

Now, we’d like to hear from you. What should a company’s policy be about workers who have the flu? Should they be required to stay home? What happens when so many workers are sick that it affects productivity? Let us know in the Comments Box below.

A casino dealer at Harrah’s Metropolis Casino in Illinois claimed she hurt her back while dealing a stand-up card game.

She said she had to twist her upper torso to take the cards in her left hand from the card dispenser located to her right.

Her doctor said she aggravated a prior back injury which was caused by repetitive bending and twisting as a card dealer.

The casino argued that the work incident was only a minor contributing factor.

Result: The Workers’ Compensation Commission ruled that the employee established her accident arose out of and in the course of employment. She’ll get comp benefits.

Does your company teach proper lifting to any employees performing mostly service functions? Let us know in the Comments Box below.

Cite: Britton v. Harrah’s Metropolis Casino, Ill. W.C. Comm. 2009.

When SafetyNewsAlert.com reported on the OSHA recordkeeping inspection program, readers responded with their best safety incentive ideas that don’t discourage injury reporting:

• Bill B.: True safety incentives are a positive reinforcement of the safety culture. We have set up a program for “on the spot” recognition for above and beyond safety actions. Seems to be working on our construction site with 20 contractors and over 70 workers.
• Dave B.: Supervisors should reward safe practices like wearing PPE, reporting hazards or developing safe solutions. When the employees wearing proper PPE and following safety procedures get all the free stuff, it doesn’t take long for the other employees to join in.
• Safety Sam: I developed a plan to base incentives on employee participation instead of simply not getting hurt. I made a list of things that I wanted to get done, and then presented that to the employee safety committee with the mandate to base getting the incentives on getting this stuff done. It was hugely successful and took away any edge that OSHA might have had in using our incentive plan against us. (Sam is at an OSHA Voluntary Protection Program site.)
• Tim H.: (1) Base the incentive on behavior (individual and collective) not injury reports, and (2) Structure a supervisor’s performance review so that a failure to make a required injury report is a negative.
• Alex: (Our plan is) based on proactive activities reported to and recorded and audited by the safety department. Measurements include number of near-misses reported, job/task observations, area inspections, safety team meetings, completion of compliance and awareness training, and monthly safety topics.

Even more comments had this general theme: Reward positive safety behavior, not a lack of injuries.

You can take our Quick Poll on safety incentive programs on our home page.

Employees across the country have a message for their co-workers during this H1N1 flu season: Don’t come in if you’re sick.

A survey shows 91% of Americans said they want their co-workers to remain at home if they’re infected with H1N1.

And those workers have support from the Centers for Disease Control and Prevention (CDC). The agency recommends people with flu stay home until their temperature drops below 100°F without pain relievers for 24 hours to reduce its spread.

Other findings from the Mansfield Communications survey of 2,029 Americans:

• 69% of workers said they’d received no communication about policies in the workplace pertaining to H1N1
• 84% believe the recession creates more pressure to show up for work, even if they feel sick
• 47% said they’d still engage in public activities (riding the bus, picking up a prescription or grocery shopping) even when they were infected with H1N1 and required to stay home from work, and
• 84% were likely to report a colleague who had flu symptoms.

Recently, SafetyNewsAlert.com asked our readers how prepared they were for a swine flu outbreak:

• 52% somewhat prepared
• 29% not at all prepared
• 17% well prepared, and
• 2% don’t think swine flu will affect their company.

So if you’re like many businesses playing catch-up when it comes to flu preparedness, the federal government has a Web page with suggestions.

Now, we’d like to hear from you. What should a company’s policy be about workers who have the flu? Should they be required to stay home? What happens when so many workers are sick that it affects productivity? Let us know in the Comments Box below.

Saturation proof Sweat GUTR Sweatband

Introducing the innovative, saturation proof, Sweat GUTR (GUTR) sweatband that is proving very successful in the age-old battle to provide clear vision to industrial workers struggling to keep sweat out of their eyes.  Traditional sweatbands try to absorb sweat and eventually become saturated and lose their effectiveness. The GUTR is non-absorbent and works by diverting sweat away from the eyes and glasses providing continuous superior sweat management performance.  Since the sweatband never saturates, it is basically dry after use and it can be worn every day. Also, the GUTR typically only requires annual replacement which can provide companies with very significant savings on the sweatband expenditures on a yearly basis. The GUTR is comfortable and fully adjustable to fit most head sizes. The product also works well with hard hats, caps and safety glasses.

The GUTR also provides a heat stress management benefit superior to bandanas and wraps that cover the head.  It has been designed with a slim profile to allow heat to escape from the top of the head unimpeded, assisting the body to help cool itself.  For more product information or to arrange a trial order please contact Greg Thurmond at Greg@SweatGUTR.com .  More information is also available at http://www.sweatgutr.com/industrial-sweatband.html

The agency has cited Sealcoating, Inc., of Hingham, MA, for $38,100 in violations after a nighttime inspection on its bridge restoration work.

The contractor was cited for 11 alleged repeat and serious violations as part of OSHA’s Boston North Area Office’s efforts to inspect construction projects where silica is generated.

“Employers should not assume that OSHA will not conduct inspections because much of their work is done at night,” said Paul Mangiafico, an OSHA area director.

Among the citations:

• employees exposed to excess silica levels while jack hammering concrete
• no controls to lower exposure levels
• failure to evaluate employees’ exposure levels
• inadequate respirator protection program and training, and
• no fit-testing of respirators.

The company has 15 days to decide whether to appeal the citations.