Wilcox Farms Fatal Silo Collapse - Citations

Today's post comes from guest author Kit Case, from Causey Law Firm.

By Kit Case from Causey Law Firm

The Department of Labor & Industries (L&I) issued a press release on June 4th stating that it has cited Wilcox Farms Feedmill, Inc., of Roy for safety violations related to a fatal silo collapse last December. One worker died after he was engulfed in more than 400 tons of corn that spilled out of the silo.

Wilcox Farms issued a press release on February 12, 2014 describing the incident, the emergency response to it and how competitor farms came to the business's rescue to provide feed for the chickens in the days after the accident. 

“As an employer, especially a family business, it’s the worst thing you could ever imagine happening,” said Andy Wilcox. “The fact that we weren’t able to find Steve for two days was really tough.”

Wilcox has been cited for one “willful” and two “serious” safety violations with total penalties of $67,200. The state investigation found shortcomings in how the company maintained and managed the silo, and inadequate employee training.

A serious violation exists in a workplace if there is a substantial probability that worker death or serious physical harm could result from a hazardous condition. A willful violation can be issued when L&I has evidence of plain indifference, a substitution of judgment or an intentional disregard to a hazard or rule.

The day the 60-foot tall silo collapsed, two employees were working on feedmill operations, which included discharging corn using an auger in the silo. The unloading auger was not working that day, so they opened a side discharge door to allow corn to flow onto the outer portion of the auger. During that process, the silo collapsed and 400-500 tons of corn spilled out, engulfing one worker who was unable to escape.

“Worker fatalities are tragic and preventable,” said Anne Soiza, assistant director of L&I’s Division of Occupational Safety and Health. “Our state requires all employers to provide safe and healthy workplaces. We fully expect Wilcox will correct the hazards and practices that haven’t been fixed already to ensure their employees are as safe as can be.”

Wilcox Farms has 15 working days to appeal the citation.

As part of the investigation, L&I hired an engineer to assess the structural integrity of the silo.

The investigation found four instances where Wilcox was not following proper silo operation and maintenance procedures that may have contributed to the collapse. For example, if corn is added or discharged improperly or the silo is overfilled, tons of grain could build up at an uneven rate and then suddenly shift and create instability. The four instances were:

• A side discharge system was used to unload corn instead of the manufacturer’s standard procedure of withdrawing grain from the vertical center via the auger. The side discharge system was not installed, designed or supplied by an authorized dealer or contractor.
• The silo was overfilled all the way to the roof and past the maximum fill level of one inch from the top of the vertical walls.
• The silo had been previously repaired with a patch over a rupture of the wall due to corrosion. The repair was not made with corrugated material and was not done in a way to ensure structural stability. Also, it wasn’t assessed by a structural engineer or the silo manufacturer.
• There were previous occasions during which the company had simultaneously filled the silo while it was being discharged.

L&I concluded that this was a willful violation with a proposed penalty of $56,000.

The investigation also found two serious violations with proposed penalties of $5,600 each:

• Employees weren’t trained in specific procedures and safety practices for silo operations and maintenance.
• The employer did not maintain the silos in accordance with the manufacturer’s maintenance and safety procedures.

Wilcox Farms has 15 working days to appeal the citation. For a copy of the citation, please contact L&I Public Affairs at 360-902-5673.

Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.

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Why Everyone Seems to Have Cancer

EVERY New Year when the government publishes its Report to the Nation on the Status of Cancer, it is followed by a familiar lament. We are losing the war against cancer. Half a century ago, the story goes, a person was far more likely to die from heart disease. Now cancer is on the verge of overtaking it as the No. 1 cause of death. Troubling as this sounds, the comparison is unfair. Cancer is, by far, the harder problem — a condition deeply ingrained in the nature of evolution and multicellular life. Given that obstacle, cancer researchers are fighting and even winning smaller battles: reducing the death toll from childhood cancers and preventing — and sometimes curing — cancers that strike people in their prime. But when it comes to diseases of the elderly, there can be no decisive victory. This is, in the end, a zero-sum game. The rhetoric about the war on cancer implies that with enough money and determination, science might reduce cancer mortality as dramatically as it has with other leading killers — one more notch in medicine’s belt. But what, then, would we die from? Heart disease and cancer are primarily diseases of aging. Fewer people succumbing to one means more people living long enough to die from the other. The newest cancer report, which came out in mid-December, put the best possible face on things. If one accounts for the advancing age of the population — with the graying of the baby boomers, death itself is on the rise...

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Global cancer burden rises to 14.1 million new cases in 2012: Marked increase in breast cancers must be addressed

The International Agency for Research on Cancer (IARC), the specialized cancer agency of the World Health Organization, today released the latest data on cancer incidence, mortality, and prevalence worldwide.1 The new version of IARC’s online database, GLOBOCAN 2012, provides the most recent estimates for 28 types of cancer in 184 countries worldwide and offers a comprehensive overview of the global cancer burden. 

GLOBOCAN 2012 reveals striking patterns of cancer in women and highlights that priority should be given to cancer prevention and control measures for breast and cervical cancers globally. 

Global burden rises to 14.1 million new cases and 8.2 million cancer deaths in 2012 

According to GLOBOCAN 2012, an estimated 14.1 million new cancer cases and 8.2 million cancer-related deaths occurred in 2012, compared with 12.7 million and 7.6 million, respectively, in 2008. Prevalence estimates for 2012 show that there were 32.6 million people (over the age of 15 years) alive who had had a cancer diagnosed in the previous five years. 

The most commonly diagnosed cancers worldwide were those of the lung (1.8 million, 13.0% of the total), breast (1.7 million, 11.9%), and colorectum (1.4 million, 9.7%). The most common causes of cancer death were cancers of the lung (1.6 million, 19.4% of the total), liver (0.8 million, 9.1%), and stomach (0.7 million, 8.8%). 

Projections based on the GLOBOCAN 2012 estimates predict a substantive increase to 19.3 million new cancer cases per year by 2025, due to growth and ageing of the global population. More than half of all cancers (56.8%) and cancer deaths (64.9%) in 2012 occurred in less developed regions of the world, and these proportions will increase further by 2025. 

Sharp rise in breast cancer worldwide 

In 2012, 1.7 million women were diagnosed with breast cancer and there were 6.3 million women alive who had been diagnosed with breast cancer in the previous five years. Since the 2008 estimates, breast cancer incidence has increased by more than 20%, while mortality has increased by 14%. Breast cancer is also the most common cause of cancer death among women (522 000 deaths in 2012) and the most frequently diagnosed cancer among women in 140 of 184 countries worldwide. It now represents one in four of all cancers in women. 

“Breast cancer is also a leading cause of cancer death in the less developed countries of the world. This is partly because a shift in lifestyles is causing an increase in incidence, and partly 

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EpiPens for All

Today's post was shared by WCBlog and comes from www.nytimes.com

AMARRIA JOHNSON, who attended first grade at Hopkins Elementary School in Richmond, Va., was an outgoing and energetic girl who loved animals, singing and telling jokes. She won reading and citizenship awards and planned to become a teacher. She also was allergic to peanuts. On Jan. 2, 2012, a classmate gave Amarria a peanut on the playground. Despite her allergy, Amarria ate the nut and soon had trouble breathing. She sought out a teacher, but at the school health clinic, there was no epinephrine auto-injector prescribed for Amarria. Epinephrine auto-injectors, the most well known of which are EpiPens, contain adrenaline and are the first line of emergency treatment for anaphylaxis, an extremely severe allergic reaction that can become fatal within minutes. At the time, employees in Amarria’s public school were not allowed to use epinephrine prescribed for one student on a different child; instead, the school called an ambulance, which transported Amarria to a hospital, where she was pronounced dead of anaphylaxis and cardiac arrest. I’m the mother of a child with food allergies, and stories like Amarria’s are my worst nightmare. In describing her tragedy, I question the fairness of reducing a 7-year-old girl to a symbol. Nevertheless I repeat the circumstances of Amarria’s death because it appears they directly affected legislation in her state. Just a few months after she died, “Amarria’s Law” was in place; the law requires...

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Preventing Occupational Heart Fatalities

The US CDC has published a report on co-morbidity factors that precipitate fatal heart disease. This is yet another case why "wellness examinations" and prevention should be integrated into workers' compensation insurance coverage, especially in light of an aging workforce. 

Rates* of avoidable death from heart disease,
 stroke, and hypertensive disease,†
by county — United States, 2008–2010

Deaths attributed to lack of preventive health care or timely and effective medical care can be considered avoidable. In this report, avoidable causes of death are either preventable, as in preventing cardiovascular events by addressing risk factors, or treatable, as in treating conditions once they have occurred. Although various definitions for avoidable deaths exist, studies have consistently demonstrated high rates in the United States. Cardiovascular disease is the leading cause of U.S. deaths (approximately 800,000 per year) and many of them (e.g., heart disease, stroke, and hypertensive deaths among persons aged <75 years) are potentially avoidable.

National Vital Statistics System mortality data for the period 2001–2010 were analyzed. Avoidable deaths were defined as those resulting from an underlying cause of heart disease (ischemic or chronic rheumatic), stroke, or hypertensive disease in decedents aged <75 years. Rates and trends by age, sex, race/ethnicity, and place were calculated.

In 2010, an estimated 200,070 avoidable deaths from heart disease, stroke, and hypertensive disease occurred in the United States, 56% of which occurred among persons aged <65 years. The overall age-standardized death rate was 60.7 per 100,000. Rates were highest in the 65–74 years age group, among males, among non-Hispanic blacks, and in the South. During 2001–2010, the overall rate declined 29%, and rates of decline varied by age.

Nearly one fourth of all cardiovascular disease deaths are avoidable. These deaths disproportionately occurred among non-Hispanic blacks and residents of the South. Persons aged <65 years had lower rates than those aged 65–74 years but still accounted for a considerable share of avoidable deaths and demonstrated less improvement.

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A fatal trend: N.J. train deaths have increased since state launched safety initiative

Transportation accidents continue to be a major cause of work-related accidents. Today's post was shared by WCBlog and comes from www.nj.com

Spurred by the deaths of three teenage boys on the train tracks in a 24-hour period in 2011, the state Department of Transportation and NJ Transit redoubled safety efforts. The agencies extended fencing, stepped up patrols and placed new warning signs at stations. They increased education in schools and filmed hard-hitting public service announcements, one of them bluntly titled "You’re Dead." They even took to social media, targeting kids and adults alike with the message that a train is a brutally efficient killer. But more than a year after that safety initiative was launched, the deaths continue to mount. Worse, they have accelerated.

Hospitals Are Become Even Deadlier Places for Sick People

The US Centers for Disease Control (CDC) has reported that lethal drug-resistance bacteria is making its appearance at a growing rate at health care facilites. What has now been called a "nightmare of bacteria," CRE infections may now become a very serious complication of a work-related injury

"Drug-resistant germs called carbapenem-resistant Enterobacteriaceae, or CRE, are on the rise and have become more resistant to last-resort antibiotics during the past decade, according to a new CDC Vital Signs report.  These bacteria are causing more hospitalized patients to get infections that, in some cases, are impossible to treat. 

CRE are lethal bacteria that pose a triple threat:

• Resistance: CRE are resistant to all, or nearly all, the antibiotics we have - even our most powerful drugs of last-resort.
• Death: CRE have high mortality rates – CRE germs kill 1 in 2 patients who get bloodstream infections from them.
• Spread of disease:  CRE easily transfer their antibiotic resistance to other bacteria.  For example, carbapenem-resistant klebsiella can spread its drug-destroying weapons to a normal E. coli bacteria, which makes the E.coliresistant to antibiotics also. That could create a nightmare scenario since E. coliis the most common cause of urinary tract infections in healthy people.

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Knee Replacement Medical Device Recalled

The US Food and Drug Administration  (FDA) has notified healthcare professionals of a Class I recall of the LPS Diaphyseal Sleeve, a manufactured medical device used in human knee replacement surgery.

It has been found that The LPS Diaphyseal Sleeve to Diaphyseal Sleeve Base taper connection may not be sufficient to accommodate potential physiologic loads that may be transferred to the junction during normal gait activities by some patients. This may result in fracture of the sleeve at the taper joint which may also lead to loss of function or loss of limb, infection, compromised soft tissue or death.

The device was manufactured by: DePuy Orthopaedic, Inc, a company owned by Johnson and Johnson.

China: Employer Pays Compensation After Murdering Employee

The family of a deceased migrant worker was compensation after street protests following the murder of the employee by the Chinese employer.

Click here to read more: Zhejiang protest ends with compensation deal

"Migrant workers' protests that broke out on Monday in east China's Zhejiang province following a peer's death have mostly come to an end and the family of the deceased has received 300,000 yuan (47,298) in compensation, local authorities said Tuesday."

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