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Showing posts sorted by date for query intentional. Sort by relevance Show all posts

Tuesday, January 6, 2015

Selecting the right surgeon is a big deal

Workers' Compensation was designed to provide the best available medical treatment possible. A good surgical results benefits all stakeholders. The patient has a better outcome, the employer gains an employee who is productive in the workplace, and the insurance company ultimately pays less indemnification by way of permanent disability and a reduced cost for medical follow up care.

Over the decades since its original enactment 1911, the issue of cost of medical care has come to the forefront. Some states, such as New Jersey, prohibit an employee's free selection of a medical provider. Additionally, some employers and their insurance companies have contractually negotiated a best price fee with medical providers and have an established medical care networks, consequently restricting the employee's free selection.

A recent article authored by Peter Scardino is the chief of surgery at Memorial Sloan Kettering Cancer Center (MSK) focuses on the need to select the best surgeon in order to obtain the best outcome.


“You can think of surgery as not really that different than golf.” Peter Scardino is the chief of surgery at Memorial Sloan Kettering Cancer Center (MSK). He has performed more than 4,000 open radical prostatectomies. “Very good athletes and intelligent people can be wildly different in their ability to drive or chip or putt. I think the same thing’s true in the operating room.”

The difference is that golfers keep score. Andrew Vickers, a biostatistician at MSK, would hear cancer surgeons at the hospital having heated debates about, say, how often they took out a patient’s whole kidney versus just a part of it. “Wait a minute,” he remembers thinking. “Don’t you know this?”

“How come they didn’t know this already?”

In the summer of 2009, he and Scardino teamed up to begin work on a software project, called Amplio (from the Latin for “to improve”), to give surgeons detailed feedback about their performance. The program—still in its early stages but already starting to be shared with other hospitals — started with a simple premise: the only way a surgeon is going to get better is if he knows where he stands.

Vickers likes to put it this way. His brother-in-law is a bond salesman, and you can ask him, How’d you do last week?, and he’ll tell you not just his own numbers, but the numbers for his whole group.

Why should it be any different when lives are in the balance?


Friday, January 2, 2015

Communicating Uncertainty — Ebola, Public Health, and the Scientific Process

The Ebola epidemic highlights the need to balance: uncertainty, fear and risk, in such a manner that health care workers can continue to perform their services. Today's post is shared from nejm.org/

The levees of the Red River in Grand Forks, North Dakota, are built to withstand 51-ft water levels. In 1997, the National Weather Service predicted a flood, but despite a 35% margin of error for previous estimates, it emphasized that the river would crest at 49 ft at most. When the waters rose to 54 ft, wreaking havoc on the area, local inhabitants were shocked and angry. Why had forecasters projected such confidence in their prediction? According to Nate Silver, who describes the incident in The Signal and the Noise, “The forecasters later told researchers that they were afraid the public might lose confidence in the forecast if they had conveyed any uncertainty in the outlook.”1

In hindsight, it's easy to criticize the forecasters. Not only were they wrong, but their unwillingness to admit to uncertainty had grave consequences. Silver suggests that the flood was largely preventable: sandbags could have augmented the levees, and water could have been diverted from populated areas. Looking back, it's hard to see any downside to admitting that the prediction could be off by 9 ft either way. But forecasters faced a trade-off: communicating uncertainty often undermines perceived expertise, but if you don't communicate uncertainty and end up being wrong, you risk losing even more credibility. Management of the Ebola “crisis” in the United States has crystallized this dilemma.

Click here to read the complete article, "Communicating Uncertainty — Ebola, Public Health, and the Scientific Process," by Lisa Rosenbaum, M.D., N Engl J Med 2015; 372:7-9 January 1, 2015DOI: 10.1056/NEJMp1413816

Sunday, December 21, 2014

Senator Boxer calls US chemical facility safety “outrageous” and “unacceptable”

Today's post is shared from scienceblogs.com/

As last week’s Senate Environment and Public Works Committee hearing made abundantly clear, communities throughout the United States are at ongoing risk from potentially disastrous incidents involving hazardous chemicals. A new Congressional Research Service report released concurrently by Senator Edward J. Markey (D-MA), details how thousands of facilities across the country that store and use hazardous chemicals are located in communities, putting millions of Americans at risk. Yet this list of facilities, Senator Markey’s office points out, may not be complete. The report analyzes US Environmental Protection Agency (EPA) data on locations where at least one of 140 different extremely hazardous materials are stored. But this EPA list does not include the highly explosive substance ammonium nitrate – the chemical involved in the April 2013 West, Texas fertilizer plant explosion that killed 15 people and injured approximately 200.

What has happened – or more precisely, not happened – since that incident was the focus of the December 11th Senate hearing. The hearing, convened jointly with the Senate Health, Education, Labor and Pensions Committee, was held to review progress made in implementing President Obama’s Executive Order 13650 issued in August 2013 in the wake of the West, Texas disaster.

“In the 602 days since the West, Texas tragedy there have been 355 chemical...
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Sunday, November 2, 2014

Silver Buildings: New Buildings for Older People


Today's post is shared from nytimes.com/
SAN FRANCISCO — I HEARD about the new building for months before I saw it. Part of a leading medical center, its green architecture and design were getting a lot of attention, as was its integration of top-notch modern medicine with health and wellness spaces inspired by cultures from around the world. My father’s doctor had moved there, and driving to his appointment we looked forward to experiencing the cutting-edge new building firsthand.
Outside, I unloaded the walker and led my 82-year-old father through the sliding glass doors. Inside, there was a single bench made of recycled materials. I noticed it didn’t have the arm supports that a frail elderly person requires to safely sit down and get back up. It was a long trek to the right clinic and I was double-parked outside. Helping my father onto the bench, I said, “Wait here,” and hoped he would remember to do so long enough for me to park and return.
He nodded. We were used to this. It happened almost everywhere we went: at restaurants, the bank, the airport, department stores. Many of these places — our historic city hall, with its wide steps and renovated dome, the futuristic movie theater and the new clinic — were gorgeous.
The problem was that not one of them was set up to facilitate access by someone like my father.
That may have been intentional. A few years earlier, I’d heard about a new community center where the older...
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Tuesday, October 21, 2014

Good Things: No Chief's Disease Here

Today's post is shared from guest author David DePaolo and is shared from http://daviddepaolo.blogspot.com/

The California Highway Patrol, criticized in the past for exploitative "Chief's Disease," has a program in place that demonstrates that workers' compensation can accomplish amazing things when all of the right motivations are in all of the right places and everyone does their job.

Last week, CBS Sacramento ran a story about CHP officer Mike Mitchell and the CHP's program.

Mitchell lost his leg in 2011 in an automobile crash when he was responding to a call in Amador County. His car hit a tree so violently that he doesn't remember the crash at all, and his injuries were so severe his right leg had to be amputated.

His employer offered him a chance to return to the force, but he had to prove himself physically (and mentally) capable by going through the academy again, this time with a computerized prosthetic that is the stuff of imagination 40 years ago (think "Six Million Dollar Man" with actor Lee Majors as the star).

The prosthetic didn't cost millions - the article says it cost about $100,000.

“I have kids at home and I can’t let them see me quit,” he tells his interviewer.

“Officer-safety wise I still have to able to be able to fight, I still have to be able to shoot and drive. Do everything I’m suppose to do,” he goes on.

After going through retraining and passing the physical assessment tests he regained his uniform and is back on the job patrolling in a CHP cruiser.

“I love doing it,” he said, reflecting the attitude that is necessary for an injured worker to overcome huge obstacles. “I love being out in the public.”

According to the story, there are four other full time officers who are amputees.

I'm sure there are also many failure stories where benefits were not provided timely, or there is a dispute about treatment or indemnity, or where an officer attempts to take advantage of the generous disability compensation system in place for California peace officers.

Those negative situations get a lot of attention. It's easy to focus on the bad, to criticize, and blame.

It's much harder to be successful, to overcome huge obstacles, to achieve cooperation between the many people that need to contribute for a successful outcome - that requires communication, vision, and a huge helping of positive attitude.

The CHP says on its website that, "When injuries occur, our obligation is to ensure all appropriate benefits are accessed and received by those injured employees."

I have to believe that statement when I see a story such as Mitchell's.

We at WorkCompCentral believe that success should be celebrated. So much of workers' compensation is draped in negativity - after all, going through a life altering event such as a work injury is steeped in uncertainty, stress and disappointment.

But there are success stories, many of them. We don't hear about those, and some people have been critical of the Comp Laude Awards for injured workers stating that we are making a mockery of the system.

Nothing could be further from the truth, and the fact is that we have had many, many injured workers nominated, and many other injured workers praising our efforts to recognize people who have overcome the odds.

And this happens with the help of the teams of people, the employers, claims adjusters, doctors, attorneys, doing their jobs the best they can.

Stay in this industry long enough and cynicism can dominate your thoughts.

Workers' compensation does good things. We just don't hear about them very often.

When you go to work this morning, do good things - make a case work properly, get an injured worker back on the job, celebrate positive outcomes!

And join us Saturday, December 6, to recognize people and companies that make a difference.

Wednesday, October 15, 2014

Employee vs. Independent Contractor: Can You Tell the Difference?

Today's post is shared from businesslawnews.com
State and federal regulators are increasingly acting to combat worker misclassification. Before using independent contractors, it is imperative to verify that they are not actually employees. The issue is legal in nature so the legal principals must be thoroughly considered and applied. Mistakes, no matter how innocent, can result in costly lawsuits and significant legal penalties.
As we have previously discussed on Scarinci Hollenbeck’s Business Law News, worker misclassification occurs when a bona fide, common law employee is classified to be an “independent contractor.” In some cases, worker misclassification is intentional to avoid tax withholding, overtime pay and insurance requirements such as Workers Compensation and Unemployment Insurance. Sometimes it occurs simply because the employer did not properly understand the law.
To aid the analysis, the Department of Labor (DOL) recently published a revised factsheet on worker misclassification. As the DOL highlights, an employment agreement stating that a worker is an independent contractor hold very little weight, if any. Rather, the actual nature of the working relationship is determinative. Over 25 states also apply the “ABC” test which is even more difficult to overcome (as many prominent trucking companies have been learning in recent court cases).
Below are several key factors that are generally considered when determining whether an employment relationship exists:
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Saturday, September 27, 2014

OSHA: Wireless Horizon tower collapse results in deaths of 2 cell tower worker

OSHA finds 2 willful, 4 serious safety violations at Blaine, Kansas, work site
Following the death of two workers from the collapse of a cell tower they were dismantling March 25, the U.S. Department of Labor's Occupational Safety and Health Administration has cited Wireless Horizon Inc. for two willful and four serious safety violations. OSHA placed the company in the Severe Violator Enforcement Program* following the incident. So far in 2014, 11 workers have lost their lives nationwide in the communication tower industry; and 13 deaths occurred in 2013.


"Two families have lost their loved ones in a preventable tragedy. No one should ever have to endure that loss. Inspecting and ensuring equipment is in good working order is a common-sense safety procedure that stop injuries and fatalities," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA expects tower owners and operators, such as Wireless Horizon, to protect their workers on job sites in this hazardous industry by increasing training and implementing all known safety precautions. Our nation's growing need for telecommunications should not cost workers their lives."

The tower technicians, ages 25 and 38, were using a load-lifting gin poleattached to the side of the tower with a wire rope sling. The sling failed, causing the gin pole to fall and bring the tower down with it. One of the employees was above the gin pole near the top of the tower, and the second employee was approximately 20 feet below the pole. Both workers fell to the ground during the collapse. As the tower fell, it also struck an adjacent tower, causing it to crumble as well. One of the employees had been with the company two months, while the other employee had only been working there for five months when the incident occurred. OSHA's inspection found that the equipment the company provided the workers was in poor repair. The company did not use proper engineering plans to ensure the workers were protected against this type of collapse.

OSHA's investigation found that Wireless Horizon failed to inspect the wire rope slings prior to use and provide protection to the slings when rigged over sharp objects. These failures resulted in the issuance of two willful violations. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Wireless Horizon also failed to conduct an engineering survey and develop a rigging plan prior to beginning the demolition process. Additionally, the company did not provide the technicians a load chart for the gin pole in use or operator manuals. OSHA issued four serious citations for these violations. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA has proposed penalties of $134,400 for the company, based in St. Peters, Missouri. Wireless Horizon employs approximately 60 workers, including four that were present at the Blaine job site on the date of this fatal incident.

To view current citations, visit http://www.osha.gov/ooc/citations/WirelessHorizonInc_964654_0919_14.pdf*.

This company has been inspected by OSHA on two previous occasions since 2005, and OSHA issued multiple serious violations both times.

OSHA is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands their responsibility to protect workers performing this very dangerous work. OSHA has created a Web page targeting the issues surrounding communication tower work to help employees and employers better understand the risks of tower work and how to prevent injuries and fatalities in this industry.

Wireless Horizon has 15 business days from receipt of the citations to comply; request an informal conference with OSHA's area director in Wichita, Kansas, or contest the findings before the independent Occupational Safety & Health Review Commission.

Monday, September 22, 2014

NJ insurance adjuster admits to role in defrauding Turnpike Authority

Today's post is shared from northjersey.com/

A insurance adjustor with a Little Falls firm on Monday pleaded guilty to his role in a two-year scheme to defraud the New Jersey Turnpike Authority and several insurance companies of $900,000, U.S. Attorney Paul J. Fishman announced.

Robert Napolitano, 54, of Clifton, the owner of Dawn to Dusk LLC, an insurance adjusting company in Little Falls, admitted to one count of mail fraud. His sentencing has been scheduled for Jan. 8 in federal court in Newark.

Napolitano was accused of conspiring with a former turnpike authority employee to withhold money from claims for property damage caused by motorists.

In October 2011, he entered into a secret agreement with Gerardo A. Blasi, then a claims manager at the turnpike authority, to investigate accidents on the toll road and determine the cost of repairs to agency property, authorities said.

Napolitano would then submit the repair cost to the motorist’s insurance company on behalf of the turnpike authority, but without its permission, and request that the payment be made to his company. The complaint alleges that three insurance checks listing the turnpike authority as the claimant were mailed to Dawn to Dusk between October 2011 and January 2012, but Napolitano’s company never sent the money, totaling $230,000, to the turnpike authority.

The scheme worked by taking advantage of a change in the authority’s policy after the agency decided it would no longer attempt to recover...

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Former Senior Executive of ArthroCare Corp. PleadsGuilty in $400 Million Securities Fraud Scheme

Today's post is shared from justice.gov
A former senior executive of ArthroCare Corp., a publicly traded medical device company based in Austin, Texas, pleaded guilty for his role in a scheme to defraud the company’s shareholders and members of the investing public by falsely inflating ArthroCare’s earnings, announced Acting Assistant Attorney Mythili Raman of the Department of Justice’s Criminal Division and U.S. Attorney Robert Pitman of the Western District of Texas. The plea was taken under seal on June 24, 2013, and unsealed late yesterday.
John Raffle, 45, of Austin, pleaded guilty before U.S. Magistrate Judge Mark Lane in Austin to conspiracy to commit securities, mail and wire fraud and two false statements violations.  Raffle was the senior vice president of Strategic Business Units at ArthroCare, overseeing all sales and marketing staff at the company.  Raffle admitted that he and other co-conspirators falsely inflated ArthroCare’s sales and revenue through a series of end-of-quarter transactions involving ArthroCare’s distributors and that he and other co-conspirators caused ArthroCare to file a Form 10-K for 2007 and Form 10-Q for the first quarter of 2008 with the U.S. Securities and Exchange Commission that materially misrepresented ArthroCare’s quarterly and annual sales, revenues, expenses and earnings.  As part of his plea, Raffle agreed that his conduct and the conduct of his co-conspirators caused more than $400 million in losses to...
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Thursday, September 18, 2014

Opinion: Employees getting shorted on pay

Today's post is shared from cincinnati.com/
As the stock market, corporate profits and worker productivity have reached record highs, average employee compensation has reached record lows. But perhaps most troubling is the fact that American workers are getting robbed – literally – in the form of wage theft, or the illegal withholding or denial of compensation owed.
Millions of workers each year are forced to work for less than minimum wage, do not receive overtime pay when they come in early or stay late, have illegal deductions taken out of their paychecks, or have their timesheets falsified.
Tipped employees face additional challenges since tips can be stolen and because employers often do not make up the difference when tips fall below the minimum wage, as they are required to do.
12 moments in Cincy labor history
Lawson: Ohioans have earned the right to work
McLinden: Workers need to be part of recovery
Wage theft also happens when workers are misclassified as independent contractors, who are not covered by overtime rules and do not receive overtime pay when they work more than 40 hours a week. While misclassification may not always be intentional, not having to pay overtime is a huge boon to employers and a significant loss of income for the misclassified worker.
Truck drivers, home health aides and construction workers are often misclassified as exempt or independent...
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Is Football The New Tobacco?

How scandals could change the business of football is today's post shared from pbs.org/ Editor’s Note: Due to rights restrictions, the online version of this segment has been edited from its original broadcast version.

HARI SREENIVASAN: Meanwhile, there’s been a new development in the Ray Rice domestic violence case. The NFL Players Union filed an appeal last night for the former Baltimore Ravens running back. He’s been suspended indefinitely by the league for punching the woman who’s now his wife.

Two other NFL players are also facing domestic violence cases. Carolina Panthers defensive end Greg Hardy played in week one, but not last weekend. Today, he was taken off the active roster while he appeals his conviction for domestic assault. And San Francisco 49ers defensive end Ray McDonald has played in both his team’s games so far.

Minority Leader Nancy Pelosi, a California Democrat, said today that was the wrong call. Even so, the 49ers’ Sunday night game with the Chicago Bears drew one of the largest TV audiences ever for a regular season game. Chicago won that 28-20.

What kind of threats do these stories pose to the future of the game as a business?  And is the business itself showing any cracks?

We check in with two who have a good lens onto all of this.

Gregg Easterbrook is the author of “The King of Sports: Football’s Impact on America.”  He’s a contributing editor to “The Atlantic” and a columnist for ESPN and NFL.com. And Andrew Zimbalist is an economist...

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Sunday, September 7, 2014

Do fast-food strikes actually work?

Today's post was shared by Steven Greenhouse and comes from www.theguardian.com

Thursday’s national fast-food protests in 100 cities, with the scenes of workers marching through major cities including New York and Las Vegas, may look familiar – and that’s no coincidence. Labor leaders in major unions including the SEIU and AFL-CIO have been supporting one-day strikes for fast-food and hospitality workers for over nearly two years since November 2012.
From the first $15-an-hour protest in Seattle in May 2013 to a convention in July, 60 cities on 29 August 29, and Thursday’s first widespread act of intentional civil obedience in the movement, the development of the fast-food protests has shown evidence of a labor movement ready to re-make itself.
“The unions themselves are recognizing that the old system is broken and they need to retool and try new strategies and new things, and that’s what the fast food strikes represent,” says Professor Ruth Milkman of the Graduate Center of the City University of New York (Cuny), who has co-authored a new report on the progress of the labor movement in New York and the rest of the US.
Today’s strikes are different from previous ones in a number of ways, demonstrating the willingness to innovate, said Milkman. The widespread civil disobedience – courting potential arrest by walking out on the job – is one aspect that has been widely mentioned. Other innovations: the addition...
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Friday, August 29, 2014

OSHA Fines Frost King $90K for Workplace Hazards

Workers willfully exposed to amputation hazards at Paterson, New Jersey, manufacturing facility
Film Pak Extrusion facing more than $90K in OSHA penalties

Workers at Film Pak Extrusion LLC were exposed to amputation and other safety and health hazards according to an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration. The company's Paterson manufacturing facility has been cited for one willful and 12 serious workplace violations related to the dangerous conditions. The company manufactures products under the name Frost King, a well-known, do-it-yourself brand of supplies for contractors distributed in stores like Home Depot and Lowes throughout the United States. OSHA initiated the inspection in February and is proposing $90,300 in penalties.

"Machines left without required guards can cause catastrophic injury to workers, including amputation and death. One slip can end a worker's life or livelihood, and employers can prevent that," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Film Pak Extrusion has a responsibility to put worker safety first."

OSHA inspectors cited the company with a willful violation, with a $56,000 penalty, due to a lack of machine guarding. According to the Bureau of Labor Statistics, approximately 9,000 New Jersey workers were injured* in the manufacturing industry during 2011, the most recent year with available data. BLS reported 8,200 New Jersey manufacturing workers were injured in 2010. The rate of incidents grew from 3.2 cases per 100 workers in 2010* to 3.6 in 2011*. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Carrying $34,300 in penalties, serious violations were cited for the following:
An obstructed exit route
Lack of a lockout/tagout program
Powered industrial trucks not inspected prior to use
Lack of a hearing conservation program
Failure to conduct audiometric testing
Failure to provide hearing protection and training on hearing protection and noise hazards
Failure to maintain washing facilities

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Film Pak Extrusion has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Can Boomers Stop The Bullying At Work?

Today's post was shared by Trucker Lawyers and comes from www.forbes.com

If you saw a young child being pushed around on the playground, chances are you would intervene. But are you equally proactive when you see bullying at work?

While this may sound like a hypothetical question, it’s anything but. According to a 2014 survey conducted by the Workplace Bullying Institute (WBI), 27% of Americans have been bullied at work, 21% have witnessed it and 72% of us are aware that workplace bullying happens.

Real bullying involves more than just bad management and obnoxious behavior.

How Bullying Can Harm A Victim’s Health

It also means health-harming behaviors that can include verbal abuse, offensive conduct and intentional sabotage. And workplace bullying doesn’t just harm the victim. It leads to poor morale, high turnover and low productivity, which impact the entire organization.

(MORE: What to Do When You Work for a Bully)

The problem is now so widespread that lawmakers in 15 states have introduced legislation aimed at prodding employers to take the matter seriously or face consequences. (Tennessee already has workplace bullying laws on the books, but they only apply to public sector employees.)

Why Boomers Can Be Effective

So what are you willing to do about it? I ask because many boomers are in management and as a result, some are in a good position to take action. Even if you’re not among your employer’s leadership team, you still might be able to make a difference.

If you’re well respected by colleagues, have good...

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Thursday, August 7, 2014

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.

Friday, July 25, 2014

OSHA cites willful safety violation after workers expected to 'free climb' 195-foot tower without adequate fall protection

Two workers were free climbing, or climbing without safety lines, a 195-foot communication tower under construction without adequate fall protection in Coolville. As a result, Morlan Enterprises has been cited for one willful and eight serious safety violations by the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA has proposed penalties of $52,500.
"Free climbing a communication tower is extremely dangerous, and it was this company's responsibility to ensure appropriate fall protection was provided and used," said Deborah Zubaty, OSHA's area director in Columbus. "Employers and cell tower owners and operators must do everything possible to stop senseless, preventable tragedies in the communication tower industry."
No more falling workers. Disturbing trend in communication towers-related worker deaths. 2011 = 6; 2012 = 2; 2013 = 13. Source: CY data from OSHA Integrated Management Information System.
In 2013, 13 workers were fatally injured at communication work sites. The majority of these deaths were a result of falls. OSHA requires employers to provide fall protection equipment, train employees how to use the safety equipment and ensure that they use it properly and consistently.
Morlan Enterprises was contracted by New Era Broadband Services of Coolville to perform tower construction and antenna installation services at 20 locations in the Meigs County area. The New Era Broadband construction project is being funded by a grant, administered through the U.S. Department of Agriculture-Rural Utilities Service, to bring broadband services to underserved communities in the area.
The willful violation cites the company for failing to ensure workers climbing the tower were using effective and adequate fall protection, including installing a climbing cable to the tower. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.
Eight serious violations were cited for failing to provide workers with training on fall hazards, provide personal protective equipment, such as shock-absorbing lanyards and hard hats, and requiring workers to purchase their own fall arrest harnesses and other protective equipment. Other violations involved failing to make provisions for prompt medical attention* before starting work and having first aid kits available for emergencies.
An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
OSHA is concerned about the alarming increase in preventable injuries and fatalities at communication tower work sites. As a result, OSHA is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands how to protect workers performing this high-hazard work.
More fatalities occurred in this industry in 2013 than in the previous two years combined. This disturbing trend appears to be continuing, with seven worker deaths occurring so far in 2014. To prevent these tragic incidents, OSHA has sent a letter to communication tower employers urging compliance and strict adherence to safety standards and common-sense practices. OSHA has also created a new Web page targeting the issues surrounding communication tower work. This outreach follows a November 2013 memo to OSHA's compliance officers and regional administrators* mandating increased attention, education and data collection on the industry.
Morlan Enterprises, based in Parkersburg, West Virginia, has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.