Safety News Alert

Uncategorized

Uncategorized

Workplace injuries, workers’ compensation costs rising with extreme heat in the U.S.

Extreme heat is causing a rise in workplace injuries and workers’ compensation costs, according to a global insurance brokerage and risk advisory company.

An analysis conducted in early 2023 found that heat-related workers compensation claims in the U.S. “have increased significantly over the last 10 years,” according to Marsh, which used its “casualty big data lake” containing “millions of unique claims … with billions of data points” to conduct the research.

The Southwestern U.S. in particular has seen the incidence of heat-related claims double during this period.

Further, from 2014 to 2016 – during the El Niño event – there was a peak in the number of claims. El Niño conditions cause more heat to release into the atmosphere, causing warmer-than-average years. This peak in claims “highlights the sensitivity of worker well-being to climatic fluctuations.”

Marsh pointed to a 2021 study of U.S. workers’ compensation claims from 2001 to 2018 to corroborate its findings. That study used data from injury claims “from the nation’s largest workers’ compensation system” finding that rising temperatures caused about 20,000 injuries per year. Likewise, a report in the Atlantic Council found that heat-related injuries are causing the U.S. a total economic loss of $100 billion annually.

Climate risk already impacting claims

Extreme heat’s impact on workers must be addressed by employers for a number of reasons, including:

  • an absence of dedicated regulations which leaves workers vulnerable to heat-related health risks
  • the fact that this upward trajectory of extreme heat and associated injuries are expected to persist, and
  • the reality that extreme heat is a leading indicator for other types of workplace claims.

This data points to climate risk already having an impact on employers’ workers’ compensation claims, according to Marsh.

To get control of the situation, Marsh said that employers should:

  • review workers’ compensation claims to watch for trends and ensure insurance coverage is aligned to a company’s individual risk profile
  • assess exposure and use available tools to forecast increased exposure to build a case for action, and
  • work with safety and human resources personnel to implement best practices.
Uncategorized

New OSHA initiative addresses silica dust in engineered stone fabrication industry

Federal OSHA launched a new initiative to protect workers in the engineered stone fabrication industry who are exposed to excessive levels of silica dust.

Workers in the industry are being diagnosed with irreversible lung disease from silica dust exposure because many manufacturers in the U.S. are out of compliance with related standards, according to experts.

State-plan states, like California, are grappling with this problem, too. California may be the first state to adopt a silica standard to specifically address exposure in the industry, based on research reports about the hazard.

Doctors and research scientists have been warning about the greater hazard the industry presents to workers’ lungs, but the federal government and individual states have been slow to address the danger.

‘Many workers experiencing illness so severe they can’t breathe’

However, it seems that like California, federal OSHA is listening. The agency announced its new initiative Sept. 25, 2023, which will focus on enhancing enforcement and providing compliance assistance.

“Many workers in the engineered stone industry are experiencing illnesses so severe that they’re unable to breathe – much less work a full shift – because of their exposure to silica dust,” said Assistant Secretary of Labor for OSHA Doug Parker.

Parker mentioned a 27-year-old worker in California who was diagnosed with silicosis in 2022. Since the diagnosis “he has been on an oxygen tank and unable to support his wife and three young children financially.”

Officials in California have identified 77 workers with silicosis contracted specifically from working with the artificial stone used to make countertops. At least 10 of these workers have died while others had to have lung transplants.

Inspections will target manufacturers, material wholesalers

The new federal initiative will supplement OSHA’s existing National Emphasis Program for Respirable Crystalline Silica to ensure that employers are following standards and providing workers with the protection they need to stay healthy.

Industries that will be subject to prioritized programmed inspections under this initiative include those engaged in cut stone and stone product manufacturing as well as brick, stone and related construction material merchant wholesalers.

Outreach efforts will include other industries that may work with engineered stone. OSHA will be sending affected employers and stakeholders information on the initiative as part of the outreach component. That information will include fact sheets on dust control methods and safer work practices for engineered stone manufacturing, finishing and installation operations.

Uncategorized

Appeals court: COVID-19 is compensable if workers’ comp legal requirements are met

Is a COVID-19-related death compensable under workers’ compensation law? The Arizona Court of Appeals ruled that it can be as long as the legal requirements of compensability are met.

The court’s decision in a case involving a worker who died from COVID-19 due to exposure at work affirmed an administrative law judge’s ruling that granted workers’ compensation benefits to the widow.

Employees continued to work in office during pandemic

In October 2020, Kenneth Zerby was working as a design engineer for Western Millwork. He typically worked four or five days a week in Western’s offices.

When the COVID-19 pandemic began, Western kept its employees working in the office and established safety guidelines based on guidance from the U.S. Centers for Disease Control and Prevention. These guidelines included:

  • requiring employees to wear face masks anytime they weren’t in their own office
  • promoting social distancing, and
  • requiring employees to stay home if sick or exhibiting COVID-19 symptoms.

Employees experiencing COVID-19 symptoms were instructed to get tested and stay home until they received the results.

Worker took precautions because of prior medical issues

Zerby, like many of his co-workers, typically kept his office door closed while working. He felt he was at a heightened risk and was nervous about contracting COVID-19 because of a prior kidney transplant and being diagnosed as pre-diabetic. For these reasons, Zerby took precautions by wearing a mask, social distancing and limiting the amount of time he spent in public.

On Oct. 7, 2020, Zerby underwent a regular medical examination and was deemed to be in good health. He drove to Colorado by himself on Oct. 9, 2020, and spent the night at a hotel so he could unlock a storage unit for movers. He was still healthy when he returned home.

From Oct. 12 through Oct. 14, 2020, Zerby returned to work. He took time off on the following two days to move into a new residence. His wife directed the movers while he observed from a safe distance.

Exposed to sick co-workers inside and outside of workplace

While Zerby was working on Oct. 12, 2020, a co-worker who was visibly ill went to Zerby’s office and had a conversation with him. The co-worker was out sick for a few days following the conversation and returned to work before receiving the results of a COVID-19 test. The co-worker eventually received a positive result and informed Western.

On Oct. 17, 2020, Zerby’s supervisor and the supervisor’s wife and brother stopped by to visit Zerby and his wife at their new home. Later the same day, Zerby and his wife had dinner outside at a restaurant with another co-worker, who tested positive for COVID-19 one week later.

Zerby woke up on the night of Oct. 18, 2020, with a fever. He felt well enough to go to work the next morning. That’s when he learned that the co-worker he’d spoken to in his office had COVID-19. Zerby took a COVID-19 test the next day, which came back positive. His condition deteriorated rapidly, and he was hospitalized on Oct. 27, 2020. He died about two weeks later.

Judge rules worker’s COVID-19-related death compensable

After his death, Zerby’s wife filed a workers’ compensation claim, alleging that her husband contracted COVID-19 from a co-worker while at work. Western and its insurer, Cincinnati Insurance Company, denied the claim.

At a hearing in front of an administrative law judge, medical experts for both parties argued over the characteristics of COVID-19 and the likelihood of Zerby’s exposure at work.

The judge found in the wife’s favor, “determining that Zerby contracted COVID-19 in the course and scope of his employment leading to his death.”

This finding was “based on the fact and medical testimony provided, that Zerby ‘sustained a sufficient special exposure to COVID-19 on Oct. 12, 2020 in excess of that of the commonalty,’ meaning more than the general populace.”

The judge found that the wife’s medical expert testimony was “more probably correct and well-founded where it differs from” Western’s medical expert testimony.

Court: COVID-19 can constitute ‘accident’ under comp law

On review with the Arizona Court of Appeals, Western argued that COVID-19 should be treated like valley fever – a respiratory disease caused by fungal spores so common they can’t be accurately traced. Because it is so difficult to trace, valley fever isn’t covered under workers’ compensation laws.

The appeals court disagreed, finding that “COVID-19 – like pneumonia, Lyme disease, allergies, and hepatitis – can constitute an ‘accident‘ under the workers’ compensation statute, even if COVID-19 does not qualify as an occupational disease.”

Unlike valley fever, COVID-19 can be traced to specific people, according to the appeals court. That means COVID-19 can’t be treated in the same manner as valley fever, despite the fact it was essentially everywhere when Zerby contracted the disease.

That led the court to rule that death or injury from COVID-19 is compensable if the statutory requirements for establishing workers’ compensation are met.

Uncategorized

2 maritime incidents involving maneuvers at excessive speeds are good lessons for operators

The investigation of two maritime incidents caused by excessive speed during maneuvers led the National Transportation Safety Board (NTSB) to encourage tugboat operators to set speed limits.

While the incidents that led to the NTSB’s request involved tugboats, any industry that uses powered industrial trucks could also benefit from ensuring that operators slow down while maneuvering.

‘Risk increases with increasing speed’

The first incident occurred on April 14, 2022 when the tugboat George M and containership MSC Aquarius collided in the Houston Ship Channel approaching Morgan’s Point, Texas. The tugboat was attempting a harbor-assist maneuver at a speed that was too fast for conditions, resulting in the collision. No injuries were reported, but about 1,000 gallons of oil were released into the environment. Damage to the George M was estimated at $750,000, while damage to the MSC Aquarius was $183,665.

A similar incident occurred on Aug. 7, 2022, when the tugboat CC Portland grounded outside the Corpus Christi Ship Channel. The tugboat crew was attempting to secure a tow line onto the bow of an inbound liquefied natural gas (LNG) carrier. Investigators determined the probable cause was the mate’s attempt to go bow-to-bow with the LNG carrier while both vessels were traveling at a speed that was excessive for the advanced harbor-assist maneuver. No injuries were reported. The grounding resulted in $1.3 million in damages to the CC Portland.

“The risk of a casualty during these operations with ASD (azimuthing stern drive) tugboats increases with increasing speed,” NTSB investigators said.

Slow and steady best choice with industrial equipment

In other industries, operators maneuvering equipment at high speeds can lead to incidents that could cause property damage, worker injuries and even death.

For example, if a forklift operator is maneuvering toward a warehouse rack to pull a pallet from a high shelf, excessive speeds could cause the forklift to tip over. That could potentially injure or kill the operator and any other workers in the area. At the very least, it could damage the forklift, racks and product.

When it comes to maneuvering with industrial equipment, slow and steady is always the best choice.

Uncategorized

Can electrician with hand injury from shock add spine problems to workers’ compensation claim?

Was an electrician who was injured by an electrical shock to his hand entitled to additional workers’ compensation benefits for a spine injury he claimed was caused by the same incident?

The West Virginia Supreme Court upheld a decision by the state’s Office of Judges that the electrician could get benefits for the spinal injury because there was sufficient medical evidence to support the claim.

Spine problems presented one day after initial treatment

Roger Muncy Jr. was an electrician for the Coronado Coal Corporation. He injured his right hand and fingers on July 15, 2020 when he received an electrical shock while performing his job duties.

Immediately following the incident, Muncy was treated at a local medical center where he reported tingling in his right hand to the elbow, involuntary left cheek movement and pain in his right ring, middle and index fingers. He had full range of motion in his neck and back.

The next day, Muncy went to a different medical facility for further treatment. A physical examination showed cervical muscle spasms along with pain and other issues with his spine. He was diagnosed with muscles spasm and peripheral neuropathy from the electrical shock.

A follow-up appointment four days later showed lumbar spine tenderness and a decreased range of motion. The diagnoses after this appointment were neck strain, thoracic strain, peripheral neuropathy and muscle spasm.

Muncy’s workers’ compensation claim was held compensable for right hand electrical shock on July 23, 2020. However, the addition of cervical and thoracic sprains to Muncy’s claim was later denied.

Independent exam found no evidence of spine injuries

In August 2020, a physician review of Muncy’s medical records was conducted. The doctor who performed the review found that the records didn’t support a claim of cervical or thoracic spine injuries. That was because prior treatment notes were inconsistent with no initial report of cervical or thoracic spine issues. However, a physical examination revealed many of the same diagnoses that were previously identified.

Muncy underwent a cervical MRI later that same month, which revealed multilevel degenerative changes and some other spine-related issues. He continued to have problems and sought treatment for neuropathy, muscle spasms and numbness form his neck down his right arm. Muncy told the doctor that when he was shocked he hit his head on the ceiling of the work area before falling backward into some toolboxes. This resulted in a diagnosis of lower extremity numbness, weakness and occipital neuralgia resulting from the electrical shock.

In January 2021, an independent medical examination noted that Muncy had returned to work with no restrictions and required no further treatment. The examiner determined that Muncy didn’t suffer injuries to his cervical or thoracic spine, although he didn’t examine Muncy’s spine.

Reversed: Evidence supported additional claim

The West Virginia Office of Judges reversed the claim administrator’s decision to deny the addition of spine-related issues to Muncy’s claim. It found that the medical records from the second medical facility documented Muncy’s spinal issues, which it said were caused by the work-related injury.

The Office of Judges noted that the doctors who failed to diagnose Muncy’s spinal problems didn’t include his spine in their examinations. In short, Muncy sustained his burden of proof establishing that he developed problems with his spine as the result of a compensable injury.

West Virginia’s Board of Review affirmed the decision on Nov. 18, 2021, leading to an appeal by Muncy’s employer.

Court: ‘Symptoms were well-documented’

On review, the state Supreme Court agreed with the reasoning of the Office of Judges. The court ruled that Muncy met his burden of proof showing that he sustained cervical and thoracic sprains to his spine because of his workplace injury.

Muncy’s spine symptoms were well-documented in his medical records following the work injury, meaning the Office of Judges made no error in its decision granting Muncy additional benefits.

Uncategorized

Safety organization offers free report on how to keep temporary workers safe

Temporary workers are used in a lot of industries and it can be a challenge to keep them safe. The American Society of Safety Professionals (ASSP) wants to help safety professionals with this problem.

ASSP is offering a free technical report, Protecting Temporary Workers: Best Practices for Host Employers, that’s meant to provide guidance to help safety professionals keep temporary workers safe.

This report was originally published by the National Institute for Occupational Safety and Health (NIOSH), but ASSP turned it into an ANSI-registered technical report for a wider group of occupational safety and health professionals.

“When a workforce involves temporary and short-term work arrangements, the likelihood of an injury or fatality can increase,” said ASSP President Jim Thornton. “It’s important for businesses to implement safeguards in non-standard circumstances to ensure the safety and health of all workers.”

The report is organized into three sections:

  • evaluation and contracting
  • training for temporary workers and their worksite supervisors, and
  • injury and illness reporting, response and recordkeeping.

The focus is on temporary or contract workers located in the same facility, including construction sites which often involve multiple subcontractors.

“Single work sites may include workers who are employed by different companies, so the supervising employer needs to manage the safety of everyone,” Thornton said. “That includes warehouses during the holiday season where temp agencies will help place a number of workers.”

ASSP also has a book, Safety Management Systems in a Joint-Employer Environment, that explains the escalation of risk in a joint-employer setting.

Uncategorized

Operator’s cell phone use may have caused passenger trolley to be struck by freight train

The Dec. 9, 2021 collision of a freight train with a passenger trolley was due to the trolley operator’s failure to stop at a crossing in time. However, cell phone use may have contributed to the incident.

National Transportation Safety Board (NTSB) investigators found evidence that the trolley operator used his personal cell phone minutes before the incident occurred, possibly causing him to be distracted.

Trolley operator failed to notice warning lights

The Southeastern Pennsylvania Transportation Authority (SEPTA) passenger trolley was approaching a railroad crossing in Darby, Pennsylvania at about 8:25 a.m. on Dec. 9, 2021.

As the trolley closed in, the crossing’s automated warning light system activated based on the approach of an incoming CSX freight train. The trolley operator didn’t notice the warning lights in time and activated the emergency brakes in an attempt to avoid entering the crossing.

Unfortunately, the trolley operator didn’t react quickly enough and the trolley came to a stop with its front end on the railroad tracks. The crossing’s gate arm swung down onto the top of the trolley, making it impossible for the passenger vehicle to move.

The incoming freight train struck the trolley at 22 mph, causing five of the 10 passengers on the trolley to sustain non-life-threatening injuries. The trolley operator and the CSX train engineer also received minor injuries. SEPTA estimated $125,000 in damages to the trolley. CSX found the freight train sustained $5,500 in damages.

Cell phone used 3 minutes before crash

SEPTA trolley operators are required to come to a full stop between 15 to 50 feet from the nearest rail when approaching an unfenced railroad crossing like the one involved in this incident.

NTSB investigators ruled out fatigue, substance abuse, weather conditions and mechanical failures as contributing causes for the trolley operator’s failure to stop within this distance. They noted that it was the trolley operator’s failure to stop that caused the incident.

Investigators also noted that data from the onboard surveillance video image recorder revealed that the trolley operator used his personal cell phone while operating the trolley about three minutes before the incident occurred. Cell phone use while operating a trolley is a violation of SEPTA safety rules, which require all employee personal electronic devices to be turned off and stored out of sight.

While the NTSB couldn’t fully blame the incident on personal cell phone use, it couldn’t “exclude the possibility that the operator was distracted while operating the trolley” because he had used his phone.

SEPTA has since issued a training bulletin to all transit operating personnel emphasizing its rules against personal cell phone use while operating vehicles.

Uncategorized

Drywall contractor sentenced to 6 months in jail for $3M workers’ compensation fraud scheme

A New York drywall contractor was sentenced to six months in jail for workers’ compensation fraud that cost the state’s insurance fund $3 million.

Juan Escobar, owner of Infinity Drywall Corp., Infinity Quality Services, JMC Drywall Corp. and JJM Builders, pleaded guilty to third-degree insurance fraud.

Escobar must also pay $400,000 in restitution to the New York State Insurance Fund, according to the Manhattan District Attorney’s Office.

His companies previously pleaded guilty to fourth-degree conspiracy and were sentenced to a three-year conditional discharge.

Owner used cash to fund unreported payrolls

In his guilty plea, Escobar admitted that he and his companies defrauded the state workers’ compensation insurance fund from Nov. 18, 2013 to Oct. 29, 2021. This was accomplished by “significantly underreporting his payroll during annual insurance premium audits.”

Escobar cashed more than $26 million in checks at multiple locations in Manhattan and Queens throughout the course of this scheme. He used this cash to fund the unreported payrolls. This reduced the amount of insurance payments he and his companies were required to pay and left workers underinsured.

The scheme involved Escobar issuing cashier’s checks to shell companies in the names of family members, which were later cashed according to his instructions. The checks were made to appear as payments to subcontractors for construction work. The proceeds were then funneled to his off-the-books payroll. Employees were then paid with cash in envelopes near a train stop in Queens.

Employees told to claim workplace injuries happened elsewhere

This scheme also saw Escobar hiding missing workers from the payroll by:

  • directing injured workers to falsely claim their workplace injuries happened elsewhere
  • telling workers to avoid detection from site safety inspectors, and
  • giving workers cash in exchange for failing to file workers’ compensation claims.

Worker injuries weren’t reported to the New York State Insurance Fund and if a claim did get filed, Escobar would misrepresent the worker’s employment status.

The investigation began when the Manhattan District Attorney’s Office “identified extensive and suspicious financial transactions” being conducted by Escobar and his companies.

Uncategorized

Workplace overdose deaths increased 536% since 2011: NSC has a new program to combat that rise

On-the-job overdose deaths in the U.S. have increased 536% since 2011, making this kind of fatality a very real concern for employers.

To help combat this alarming trend, the National Safety Council (NSC) launched a new workplace safety program, the Respond Ready Workplace.

The program was designed to increase awareness of the need for naloxone in the workplace and ensure that people are trained to use it.

“The opioid crisis has reached every corner of society, affecting workers in all industries and occupations,” said Lorraine Martin, NSC president and CEO. “By equipping workplaces with naloxone and the knowledge to use it, we can make a tangible difference in saving lives, from the workplace to anyplace.”

Highlights of the program include:

  • advocacy and education to help employers understand the “tragic data on the increasing fatalities in the workplace”
  • employee training with comprehensive educational resources so employees know how to properly administer naloxone in emergency situations, and
  • a guide for employers on how to obtain and incorporate medications like naloxone into workplace first aid kits or other accessible locations.

For more information on the Respond Ready Workplace program, click here.

Uncategorized

Domestic workers in California could be getting OSHA protections for first time in 50 years

California may soon be the first state in the U.S. to cover domestic workers such as housekeepers, nannies and other household staff under OSHA safety standards.

State safety agency Cal/OSHA and federal OSHA both exclude domestic workers from the protections of the Occupational Safety and Health Act.

Legislators in California want to change that, voting Sept. 14, 2023 to approve bill SB 686 “to make the state the first in the nation to include housekeepers, nannies and other household staff in laws requiring health and safety protections,” according to the Los Angeles Times.

Governor vetoed similar bill in 2020

Now SB 686 will go to Governor Gavin Newsom, who vetoed a similar bill in 2020. At the time, Newsom agreed that domestic workers deserved workplace protections, but felt that private households shouldn’t be regulated by the state in the same way that businesses are.

The Los Angeles Times pointed out that Newsom “paid $288,000 in wages to household staff in 2019, according to his publicly released tax records.”

SB 686 would remove the 50-year-old exclusion of domestic workers from Cal/OSHA coverage, requiring anyone with household staff to comply with state mandates on injury prevention beginning in 2025.

‘85% of domestic workers experience musculoskeletal injuries’

A 2020 report by the UCLA Labor and Occupational Safety and Health program “found that 85% of domestic workers surveyed experienced musculoskeletal injuries, and that many injuries common in the workforce could be avoided with regulatory protections such as use of proper equipment including long-handled tools to limit bending and reaching.”

When Newsom vetoed the 2020 proposal, he cited “significant liability and privacy concerns for 11 million homeowners and renters who would be subject to a slew of new employer rules regardless of their workplace safety expertise.”

Newsom said the original proposal was unworkable but said that he would continue to discuss the issue with domestic worker representatives. That led to legislation in 2021 that required Cal/OSHA to create an advisory committee to develop recommendation for home settings.

The committee included employers, workers, advocates and health and safety experts who recommended that the state put an end to the exclusion, which led to the latest proposal.

Bill has ‘long list of supporters, no official opposition’

Proponents of the bill claim that Newsom’s concerns have been resolved with an “informal approach” that involves contacting domestic worker employers by phone and mail as a first warning to avoid privacy concerns.

SB 686 has “a long list of supporters … and no official opposition,” the Los Angeles Times points out.

preloader