Chicago Workers' Compensation Attorney Blog

Unprotected Workers at Higher Risks for Winter-Related Work Accidents in Chicago

Tue, 31 Jan 2012 06:42:37 -0600

Winter-related work accidents in Chicago and elsewhere are likely if the proper safety precautions are not taken. To help to educate workers and employers of these dangers and preventative measures, the Occupational Safety and Health Administration (OSHA) launched a new web page. The web page targets those who face these types of dangers during winter storm recovery and response operations.

The web page offers information to those involved in working in these conditions to help them to recognize the hazards and how to take the proper steps to stay safe this winter. This work typically involves clearing snow from in front of workplaces, clearing snow from rooftops, dealing with downed power lines and traveling on snowy and icy roadways.

Our Chicago workers compensation attorneys understand that it's also the responsibility of workers and their employers to ensure that they're safe during and after a storm. Some of the dangers that can include carbon monoxide poisoning, hypothermia, dehydration, frostbite, traffic accidents, being hit by falling objects, back injuries, slips and falls, burns, electrocution, exhaustion, falls from roofs, lift or ladders, collapsing roofs and even lacerations and amputations.

The number of injuries that could result from this type of environment is endless. It's important that employers properly train employees and equip them with the proper safety equipment to help minimize the risks for an accident.

Ways to Address Hazards when Dealing with Winter Storm Cleanup:

-Always assume that power lines are energized. You never want to go near a damaged or downed power line.

-Make sure that all of your cleanup equipment is guarded properly. Make sure that it's not plugged in when you perform maintenance or clean it.

-Be careful around elevated surfaces that are covered by a lot of snow or ice.

-When clearing snow, do so in small amounts to avoid over-exerting yourself, which can lead to injuries.

-Make sure that all walkways are clear of snow and ice before starting.

-Make sure that all employees have fall protection.

-If you're stuck, stay inside the vehicle when possible. Never leave a vehicle unless you see help within 100 yards of you.

-Be sure to always wear reflective clothing to make yourself more visible to others.

-Be sure to have the proper body protection, including body face and eye masks.

Make sure that you dress warm, too. According to the Centers for Disease Control and Prevention (CDC), you can wind up with a number of conditions from overexposure to the cold weather. These conditions include frostbite, trench foot and chilblains. Remember that whenever the temps drop below normal and wind speed increases, heat can leave your body much quicker than normal. These winter-related conditions can cause some serious health problems if you're not prepared.

Airline Punished for Retaliating Against Pilot Who Reported Safety Concerns

Sat, 21 Jan 2012 15:28:08 -0600

The U.S. Department of Labor recently ordered a large airline to reinstate a pilot and pay him $1 million in back wages for violating federal whistleblower protection laws.

According to a news release, the Occupational Safety and Health Administration found that AirTran Airways fired a pilot in retaliation for consistently reporting mechanical malfunctions on the planes he operated.

OSHA's assistant secretary underscored that in the interest of public safety, airline workers must be free to raise concerns about safety, and companies that thwart those rights by intimidating their employees with retaliation have to be held accountable.

"Whistleblower laws are designed to protect workers' rights to speak out when they have safety concerns," said Assistant Secretary David Michaels. "The Labor Department will vigilantly protect and defend those fundamental rights."

Our Chicago workers' compensation attorneys understand that federal and state laws were written for the protection of all workers who report potentially hazardous conditions in their place of employment.

In this case, the AirTrain pilot, who is not named in OSHA's report, was retaliated against in 2007, when the company took him off active flight status due to a spike in his reports regarding mechanical malfunctions. A quick, 17-minute hearing the following month led to his firing.

OSHA determined this month that the question of why the pilot's safety reports had increased was not sufficiently answered in that hearing, and further that the pilot's firing amounted to retaliation.

The labor department urges employees who think they have been retaliated against to file a report with their agency.

We also encourage employees in Illinois with these types of complaints to consider the need for representation. Particularly if you are injured in Chicago work accident, access to the resources necessary are critical to ensuring you receive a fair outcome.

While this particular case wasn't out of Chicago, recent history reveals we are certainly not immune. American Airlines has been fined twice in recent years for safety violations at Chicago O'Hare Airport. Those violations included fall hazards, electrical and fire hazards, hygiene issues, blocked exits and storage of oxygen. Combined, those fines amounted to nearly half a million dollars.

Whistleblower protection laws were augmented in recent years, with additional training for investigators and increased transparency measures. OSHA enforces 21 statutes that protect employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

But those laws can be difficult to navigate, and experienced legal assistance is recommended. Some cases of whistleblower violations are clear cut, but others may not be.

OSHA defines a violation as when a worker engages in a protected activity (such as reporting a safety concern) that the employer knew about, and further that the person who complained is in turn met with some adverse reaction from the employer. Adverse reaction can mean a number of things, including:
-Firing or laying off.
-Blacklisting.
-Demoting.
-Making threats.
-Disciplining.
-Denial of benefits.
-Intimidation.
-Failure to hire or rehire.
-Denying overtime or promotion.
-Reassignment.
-Reducing pay or hours.

Metro Areas' Unemployment Rates Decrease, Increasing Risks for Work-Related Accidents in Chicago and Elsewhere

Thu, 12 Jan 2012 09:01:15 -0600

More and more Illinois residents are heading back to work, as the U.S. Bureau of Labor Statistics reports unemployment rates in 351 of the 372 metropolitan were lower during this November than last. More than 15 metro areas across the country unfortunately reported higher unemployment rates, while about five metro areas reported their unemployment rates stayed about the same from the previous year. There were more than eight metro areas that reported an unemployment rate of at least 15 percent, while about 25 metro areas reported the unemployment rates were less than 5 percent. An unemployment rate of less than 5 percent is quite impressive nowadays for anywhere. With the decrease in unemployment rates in a majority of metropolitan areas, more and more people are heading back to work in the New Year, and risks for work-related accidents in Illinois and elsewhere are expected to increase as well.

Our Chicago workers compensation attorneys understand that the preliminary 2010 results from the Bureau of Labor Statistics indicate there were nearly 4,550 fatal work accidents throughout that year. This is the most recent data available. These statistics were tallies during a time when the work force was smaller and equipped with fewer employees as the economy was suffering. As the economy recovers and more people are heading back to work, the risks for these types of accidents are expected to increase significantly. Please use the New Year as a time to reevaluate workplace safety!

The unemployment rate for the nation during November was more than 8 percent, which is a reduction from the 9.3 percent unemployment rate just a year ago.

There were 31 metropolitan divisions that recorded an annual unemployment rate decrease in November. Chicago was one of these fortunate areas.

The Bureau of Labor Statistics has released its preliminary statistics for the number of fatal work-related injuries in 2010.

Fatal on-the-job fatal injuries by event or exposure during 2010:

-Total number of work-related fatalities: Nearly 4,550.

-Transportation-related fatalities: Nearly 1,800.

-Assaults and violent acts: More than 800.

-Contact with equipment and objects: More than 730.

-Falls-related fatalities: Nearly 640.

-Exposure to harmful environments or substances: Nearly 410.

-Explosions and fires: Nearly 200.

As we said before, these statistics were tallied during a time when the unemployment rate was higher than it is today. With a lower unemployment rate, there are more people back on the job. With more people on the job, the rate for on-the-job injuries and fatalities spikes. The New Year is an excellent time to reevaluate the safety of your job. Employers are urged to use this time to step up injury prevention programs to help to reduce these dangerous statistics.

Chicago Forklift Accidents a Common Workplace Danger

Thu, 05 Jan 2012 13:36:51 -0600

A Hillside, Illinois company is facing $164,800 in fines for work-safety violations. Among the violations are allegations of unsafe forklift operation, failing to provide proper eyewash facilities and exposure to corrosive chemicals, according to the Occupational Safety & Health Administration.

Our Chicago workers' compensation attorneys recently reported the case of a Mokena environmental services company accused of exposing employees to chemical hazards in the workplace.

Machine hazards are another common cause of injuries, whether it's improperly installed or maintained machines, lack of safety guards on machines, or dangerous moving equipment such as forklifts. In this case, a complaint indicated employees were not receiving proper training in forklift operation and that a hazardous chemical spill occurred as a result.

"Employers who are cited for repeat violations demonstrate a lack of commitment to workplace safety and health standards," said Diane Turek, director of OSHA's Chicago North office in Des Plaines. "Deficient forklifts and improperly handled chemicals can lead to serious injuries or death."

Four repeat violations have been proposed, with fines totaling $132,000. The company is accused of allowing employees to operate forklifts even after noted deficiencies. It also is accused of inadequate eyewash facilities and of not providing adequate fire extinguisher training. The company also faces allegations of failing to properly train and evaluate forklift operators.

Illinois OSHA reports 100 employees are killed each year and 20,000 are seriously injured in forklift accidents. Common causes include forklifts overturning and employees being struck by forklifts.

Forklift Safety Tips Include:

-Ensure a load is stable before moving the forklift.
-Unless picking up or depositing a load, ensure that the forks do not tip forward.
-Don't tip a load backward past the point necessary to stabilize the load.
-Don't raise a load higher than necessary.
-Cross railroad tracks on a diagonal.
-When on an incline, keep the load uphill.
-Don't drive faster than will permit safe stopping.
-Always drive slower on turns or on wet or slippery surfaces.
-Avoid driving on uneven surfaces whenever possible.

Condition of forklift:

-Are there hydraulic leaks?
-Are battery terminals covered? Are fuel connectors tight?
-Are their sparks or flames coming from exhaust system?
-Is the engine overheating?
-Are tires in good condition and properly inflated?
-Do controls work properly?
-Are their cracks in the forklift or other signs of fatigue?
-Does the forklift steer properly?
-Are the brakes functioning properly?
-Are there working seat belts?
-Are load plates present and readable?

Scaffold Fall at Illinois Construction Site Leads to Fatal Work Injury; Company Cited for Willful Violations

Wed, 28 Dec 2011 10:08:22 -0600

A scaffolding fall accident in May caused an Illinois worker to lose his life at a construction site. The worker was applying stucco to a home under construction in Burr Ridge when he fell from a scaffold and suffered a head injury. The fatal Illinois construction accident was in large part due to the fact that the worker was not wearing fall-protection equipment.

The Occupational Safety & Health Administration (OSHA) has recently cited the construction company responsible for employing the construction worker with four willful violations. Following an investigation into the fatal accident, it was determined that Igor Jerema Construction based out of Buffalo Grove failed to provide employees with fall protection, build scaffold supports on firm foundation, provide a ladder for workers on the scaffolding project and lacked a plank platform for all levels of the scaffold. The construction company is facing proposed fines of $50,000, a relatively small price to pay for putting workers at risk of fatal injury.

Chicago workers' compensation attorneys understand that fall accidents are one of the many dangers construction workers face. The leading cause of death in the construction industry is fall accidents, but workers are also subject to transportation accidents, struck-by accidents, trenching accidents or injuries caused by operating hand tools or power tools.

OSHA representatives are aware of the many different dangers in the construction industry, which is why they are now offering an online v-Tool for workers and employers to learn about the many different hazards they may face. Almost 137,000 construction workers are injured and another 800 are killed annually on the job.

OSHA has developed a set of 12 brief construction hazard prevention videos that can assist workers in identifying a potential hazard and also eliminate the threat of work-related injuries at a construction site. Each video is two to four minutes and depicts a real-life job site incident that resulted in injury or death. The video then follows-up with a corrective action that can be used to help prevent the same kind of incident from happening at other job sites.

For example, one video shows a worker falling from a ladder that is erected on a scaffold well above ground level while another worker stands on the edge of the platform with no railings or protective harness to keep him from falling. Workers are not permitted by OSHA standards to work 10 feet above a surface without having some sort of protective equipment or device that can prevent them from free-falling to the ground. The worker in the video reaches to hammer a nail into the siding and loses balance, causing him to fall to ground level. The video corrects the hazard by showing a long scaffolding strongly built from the ground up that offers full support and railings around all the edges to prevent a fall accident. In addition, the ladder was removed from on top the scaffold as the platform can be raised and lowered through a cable device. The railings on each side of the scaffold prevent a worker from falling over the edge while measuring or working on top of the scaffold.

Other videos include images of other types of fall accidents, sprain and strain injuries that can occur, struck-by accidents, exposure to carbon monoxide at a construction site and injuries that can occur while trenching or excavating at a construction site.

People Changing Job Industries Could Bring Increase in Illinois Work Injuries

Wed, 21 Dec 2011 09:30:47 -0600

As more and more jobs become available nationwide, we could see more work injuries being reported by companies who fail to train new hires or employees who are changing from one job industry to another. Illinois workers' compensation attorneys want to remind employees as you begin a new job, make sure you are properly trained so that you can help decrease the possibilities of an accident in the workplace.

The economy has been in a slump for quite some time now. A recent article from U.S. News & World Report indicates the tide may be turning slightly as the unemployment rate fell to 8.6 percent nationwide. This is the lowest the rate has been in nearly three years. Approximately 140,000 jobs were added in November; half of them are considered new jobs offered in the retail and healthcare industries. Common sense tells us much of the credit is due to it being the holiday season and the fact the seasonal jobs can skew the numbers. Several part-time and seasonal workers were hired in November, which can have a direct impact on the unemployment rate. Having said this, we are optimistic that the numbers do mean something and that the American public can finally start getting back on their feet again.

It is no time for companies to become complacent about educating employees about safety precautions or employers making sure they are doing everything in their power to create a safe work environment. All employees have a right to be protected in order to reduce the risk of a work-related accident in Chicago or elsewhere.

We recently posted on our Chicago Workers' Compensation Attorney Blog about the dangers of Black Friday crowds and how they can lead to injury when workers aren't trained or protected. Retail companies typically hire extra staff to get them through the holiday blitz. Training seasonal workers for security or crowd management must be a priority or else companies can face premise liability or workers' compensation claims as a result of their negligence.

Last year, the Bureau of Labor Statistics reported over 4,500 fatal occupational injuries nationwide. Illinois reported 203 worker deaths in 2010, almost 50 more than the number of occupational deaths reported in our state in 2009.

The most common cause of death at work nationwide in 2010 was from transportation incidents. Illinois reported 72 of the 1,766 fatal occupational injuries caused by transportation incidents. Other common causes of fatal work injuries in Illinois were related to contact with objects, equipment or struck by incidents (39), violent acts and assaults (38) and fall accidents (37).

No matter what field or industry you work in, employers have a responsibility to their workers' safety and well-being while in the workplace.

Gire Construction Cited for Fall Hazards; Illinois Company to Pay Hefty Penalties

Thu, 15 Dec 2011 10:18:02 -0600

Gire Construction Inc. has been cited by the U.S. Department of Labor's Occupational Safety & Health Administration (OSHA) for several violations that include failing to provide workers with fall protection equipment while working at elevated levels.

Construction companies that put workers at considerable risk of a work-related fall accident in Chicago or elsewhere should be held accountable for their negligent actions. Too many times these violations go undetected before a tragedy occurs and a worker gets seriously injured from falling off a rooftop or scaffolding.

Our Illinois workers' compensation lawyers want to remind injured workers that you do have rights and should pursue legal action for compensation of your injuries. Work-related injuries can be costly and should not be consumed out-of-pocket when your employer failed to provide adequate protection or a safe work environment for you and your co-workers.

The Champaign, Ill.-based construction company was first inspected by OSHA investigators on May 27 at a Decatur job site location. During that inspection, 21 workers were observed without fall protection while removing shingles from a building's rooftop. As a result, two willful violations were cited for failing to properly train workers and failing to provide fall protection.

On June 3, employees from Gire Construction were seen performing roofing work without fall protection at two separate residential sites in Champaign. OSHA inspectors cited the company for two more willful violations for not providing fall protection to employees working at elevated levels above the ground's surface. An additional willful violation was handed out for failing to provide a ladder that extended three feet over the eave of the roof.

The five willful violations totaled $140,800 in proposed fines for disregarding employee safety knowingly and not providing protection regulated by federal standards in the construction industry.

Gire Construction also received a serious violation citation for not requiring employees to wear eye protection during a September 15 inspection at a Rantoul job site. The serious violation proposed a penalty of $3,300.

Since 2004, Gire has been inspected five times. The company has been cited for 12 previous violations involving training, ladder usage and fall protection. Companies that fail to correct safety and health violations can be cited for repeat violations that usually result in stiffer penalties.

Construction companies under federal regulation are required to provide workers with proper training on how to work at heightened levels. Companies are also required to make sure job sites are equipped with fall protection such as safety nets, guardrails or personal fall-arrest systems.

Employers have a responsibility to make sure protective devices are present before a job begins. Employers should instruct all workers to use fall protection devices or risk being taken off the job. Creating a safe work environment and demanding safe practices from your employees is one way to keep workers productive and ensure the job gets done safely and correctly.

Chemical Exposure at Work Can Have Long-Term Effects on an Illinois Worker's Health

Mon, 05 Dec 2011 13:18:00 -0600

When an Illinois company knowingly releases catastrophic amounts of hazardous chemicals or toxins in the workplace, workers' safety could be compromised. Those releases could result in explosions or other incidents that put workers at risk. Unfortunately, in far too many cases, when workers are exposed they may suffer irreversible health conditions from a work-related accident in Illinois or elsewhere that can have a long-term effect on their quality of life or maybe even shorten their life span.

Cook County workers' compensation attorneys have seen the effects of people injured on the job. That is why we fight hard to protect injured workers' rights and advise them about any compensation that they may be entitled to for medical bills and other costs. Employers who put their workers at risk of serious health conditions must be held accountable for not making sure work environments are operating under applicable laws.

The U.S. Department of Labor's Occupational Safety & Health Administration (OSHA) recently announced a new National Emphasis Program (NEP) that will protect workers from highly hazardous chemicals being released at chemical facilities. It is replacing the pilot program that was initiated back in 2009 as a result of OSHA inspectors finding that there are far too many workers being killed or injured in chemical facilities nationwide.

Maybe it helps to understand the dangers that workers face at chemical facilities. According to Chemical Plant Safety, workers are exposed to all kinds of hazardous substances at these types of facilities, especially when spillage occurs. Acids, highly flammable liquids, reactive substances, toxic chemicals and oxidizing agents are just a few of the hazardous chemicals that can spill in or from a storage tank, warehouse, lab, production site or even during transportation of the hazardous wastes.

When chemical spills occur, workers or environments are exposed to:

-Toxic atmospheres that can be breathed in and cause severe internal injuries or health conditions.

-Fire and explosions. Flammable vapor ignites quickly causing a severe risk of burn injuries and smoke inhalation. Burns can also be caused by corrosive liquids that spill onto the floor or other surfaces.

-Contamination of the environment, which includes air, water or soil.

-Spilled chemicals that come into contact with incompatible materials can cause a reaction and generate other toxic gases or chemicals.

The new National Emphasis Program will allow OSHA inspectors across the country to visit chemical facilities to make sure necessary precautions are being taken to reduce chemical spills. Workers must be protected according to standards set forth by OSHA's Process Safety Management (PSM) policies and procedures.

During random inspections at facilities, inspectors will ask detailed questions to gather information related to PSM requirements. They will also verify that an employer's implemented PSM program is consistent with their intended written PSM program.

The only way to limit employee exposure to a hazardous substance at a chemical facility is to get away from the honor system and have OSHA inspectors keep facilities operating under federal regulations with random in-person visits. Protecting employees from releases of hazardous chemicals can prevent life-changing consequences that injured workers may face.

Employers Urged to Plan Now for Black Friday Crowds to Help Prevent Work-Related Injury in Chicago

Thu, 24 Nov 2011 09:34:24 -0600

Can you believe it? It's almost 2012 and it's time for everyone to get cracking on their holiday shopping. This typically kicks off with Black Friday. While many hit the stores in search of some excellent deals, employees are hitting the stores in an attempt to cater to your needs. One of the most important needs on Black Friday is the need for safety. Luckily, the Occupational Safety and Health Administration (OSHA) is here to provide us with some excellent safety information to reduce work-related injuries in Chicago and elsewhere on the biggest shopping day of the year.

Special retail events, especially Black Friday, bring out residents from around the state in an attempt to snag up these spectacular deals. With the increase in popularity of these events over recent years, the risk of injury has increased as well. Back in 2008, an employee died at the opening of a Black Friday sale.

Our Chicago workers compensation attorneys understand that employers are required to provide employees with safe workplaces. Employers are responsible for adopting safety management systems to help reduce the risks of on-the-job accidents, including on Black Friday sales events.

OSHA has stepped in to help employers to enforce safety guidelines to help avoid any holiday shopping-related accidents. These events bring out large crowds and systems need to be in place to effectively handle these cases. There should be safety procedures in place to address pre-event setup, crowd management and emergency situation management.

Planning for events:

-When a large crowd is expected, make sure that you have trained security or police officers on hand.

-Be sure to create a detailed staffing plan. Workers should be designated specific areas. Make sure there are enough workers present to handle the crowd.

-Train all workers on how to handle crowds.

-Consider using internet sales as an incentive to keep crowds at bay.

-Make sure all lines are regulated by barricades.

-Make sure that employees have an efficient way to communicate with one another.

-Before opening, remind customers of the entrance process.

-Make sure to notify all employees when the doors are about to open.

-Remember you're buildings maximum capacity. Stop customers from entering once your hit your max.

-Make sure all exits are clear an unobstructed.

-Make sure everyone knows who to contact in the event of an emergency.

-Keep first-aid kits on hand. You should also have Automated External Defibrillators (AEDs) and a people who are certified in AED usage and CPR.

Black Friday is an exciting time for shoppers across the country. Employers are urged to go into the holiday season with a plan. Shoppers will surely be hitting the stores the day after Thanksgiving in an attempt to get some sweet deals on first for their loved ones. Help to ensure the safety of your shoppers and your workers by carefully fine tuning every detail of the biggest shopping day of the year.

Illinois Environmental Firm Cited for Willful and Serious Health Violations

Fri, 18 Nov 2011 09:50:55 -0600

A Mokena Illinois company is facing fines totaling $122,760 for exposing employees to respiratory and other hazards.

Our Illinois workers' compensation lawyers are concerned about the growing number of Illinois companies exposing workers to respiratory hazards. Earlier this year, we posted to our Chicago Workers' Compensation Attorney Blog regarding some efforts being made by the federal government to help prevent occupational lung diseases.

A U.S. Labor Department's OSHA inspection of Future Environmental yielded one willful health and nine serious safety violations. Inspectors discovered that employees cleaning waste tanks were exposed to confined space and respiratory hazards. The tanks they were cleaning, which previously had stored petroleum hydrocarbons, were at a Channahon work site.

An area OSHA spokesperson considered the employer's actions totally unacceptable for not providing suitable personal protective equipment, not recognizing a dangerous hazard and failing to monitor the workers.

The one willful health violation was for not ventilating, eliminating or controlling respiratory hazards and not providing continuous air quality monitoring in a confined space. This willful violation carries a potential $69,300 fine. There were several serious safety violations concerning personal protective equipment, confined space safety, respirator training and respiratory hazard identification training. These violations totaled $53,460 in proposed fines.

Confined spaces that require a permit may have: potentially hazardous or hazardous atmosphere's, have material that could surround an entrant, have floors and walls that taper which could trap entrants and could contain a number of other dangerous physical hazards. Employers must let workers know of the location and existence of all these potential hazards.

Workers should never enter a permit-required confined space without proper training or a permit for entry. All workers must understand and review the employer's protocols and procedures prior to entering any permit-required confined spaces. They must also know when and how to get out.

Be aware of all physical hazards you will encounter. Prior to and while inside the confined space, monitor and test the air quality for toxicity, explosive or flammability hazards as needed. Use the equipment for entry provided by your employer, which should include fall protection, air-monitoring, lighting, communication and ventilation. Keep in constant contact with your entry supervisor of any changing condition so appropriate evacuation or rescue efforts can be carried out if necessary. The entry supervisor is vital for having a safe confined space work environment. They must be knowledgeable of the dangers in the space and what effects they could have on the workers.

Entry Supervisors must:

-Confirm that the safeguards required for the job have been put into practice.

-Verify that rescue personnel are available and can be summoned immediately if needed.

-Complete appropriate paperwork including canceling the written permit and terminating the confined space entry if necessary.

-Remove any worker who is not authorized to enter the permit-required confined space.

-Periodically, check that the entry operation is going as planned in a manner consistent with the confined space permit requirements and that suitable entry conditions are being maintained.

Automotive Company Fined $52,700 for Hazards at Illinois Jiffy Lube

Fri, 11 Nov 2011 11:38:15 -0600

An Arlington Heights Illinois Jiffy Lube was found to have fall hazards and other safety issues during a recent U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) inspection.

Our Illinois workers' compensation lawyers know that slip and falls are a leading cause of workplace injuries. Any work environment where a potential spill can occur, especially lubricant or oil, should take extra precautions to ensure that slips and falls don't happen.

Heartland Automotive Services was cited for the violations with proposed fines of $52,700. They operate at least 400 Jiffy Lubes around the country and have its corporate headquarters in Irving, Texas.

The Arlington Heights facility had one repeat violation for not keeping its floors dry and free from water and oil accumulation. A Jiffy Lube in Kansas City was cited for the same violation back in January of this year, which is why a repeat violation was issued to the parent company. An OSHA area spokeswoman said employers who are cited for repeat violations show a lack of dedication to workplace safety.

Other violations found at the Arlington Heights facility:

-Failing to assess the workplace for dangers that would require the use of personal protective equipment.

-Failing to guard exposed electrical parts.

-Not having a written hazard communication program.

-Not listing and labeling hazardous chemical containers.

-Failing to train workers on safety and hazard precautions.

-Lacking proper record keeping.

-Electrical boxes had missing knockouts.

It is important that if you slip and fall at work you remember the facts surrounding the incident. This is vital information if you want to recover damages from the Illinois Workers’ Compensation system. Just because you fell at work doesn't mean you automatically have a case -- you have to link the injuries from your fall to your job. Some cases are won and lost based on the amount of details a client can provide.

Let's look at two examples:

-A slip and fall in the parking lot of your employer.

What caused you to fall? Was there anything on the ground that caused the fall? Were you carrying needed items for your job? Was anything occurring at the time you fell that put you more at risk than someone who wasn't employed by your company?

-A slip and fall in an office of your employer.

Why did you fall? Was the floor wet? Were there obstacles in your path that shouldn't have been there? How was the lighting? Were you in a hurry to get to a meeting? Were you carrying work-related objects?

It is extremely helpful to write down as much information that you can remember as soon as you have an opportunity to about your slip and fall incident. Then let an experienced workers' compensation attorney sift through the details to make your case and help you get the compensation you deserve.

Employee Exposure to Dust and Noise at Illinois Pet Food Company Leads to Hefty Fines

Fri, 04 Nov 2011 09:39:38 -0600

The U.S. Department of Labor has slapped another Illinois company for work hazards and safety violations in the workplace. Cook County workers' compensation lawyers are seeing more and more cases of companies that ignore employees' rights and neglect to take safety precautions that could prevent an injury or fatal accident.

The Occupational Safety & Health Administration (OSHA) recently announced that All-Feed Processing and Packing Inc. has been cited for more than 20 health and safety violations at its Galva facility. There were several willful violations related to OSHA's hearing conservation, respiratory protection and air contaminant standards.

A previous 2009 dust explosion and fire accident at this Illinois work site shows a blatant disregard for employee safety, which is why OSHA has slapped the company for fines in excess of three-quarters of a million dollars. OSHA found the following violations of worker safety which resulted in a penalty citation.

Serious Safety Violation:
One penalty of $3,850 was issued for not being able to provide written certification that hazards had been eliminated in a permit-required confined space. The hazardous conditions present in the confined space pose a high probability that a worker could be seriously injured, physically harmed or die from the hazard.

Repeat Violations:
Three repeat safety violations were cited at All-Feed Processing & Packaging Inc. The company had previously been cited in 2009 for the same or similar hazards and failed to make corrections. The company failed to train and evaluate industrial truck operators for their skills, lifting devices failed to display the load rating, and no danger signs were posted for employees working in potentially hazardous conditions or work spaces.

One repeat health violation was issued for failing to post instructions for safety precautions when combustible dust was present.

The penalty for repeat safety and health violations totaled $50,050.

Single-Instance Willful Violations:
Four violations were cited: requiring employees to work in areas where excessive amounts of dust exist (over the permissible limits set forth by OSHA standards) and no engineering controls were established for employees that had been exposed; employees exposed to excessive noise were not provided with an effective hearing conservation program; employees were not instructed on safe use, installation and wiring of equipment in unsafe locations; and liquid propane-powered trucks were permitted to enter areas where combustible dust could be ignited.

Per-Instance Willful Violations:
Nine violations were handed to the company for not mandating that six employees exposed to excessive dust use respirators or failing to protect three dust-collection units that had an accumulation of starch, cellulose fiber, potato base and pea protein, all of which can cause a fire or explosion.

The thirteen total willful violations produced penalties adding up to $700,700.

It is important to note that since 2000, All-Feed Processing & Packaging Inc. has been inspected by OSHA investigators 10 times. On five of those occasions, the company was cited in previous inspections for 17 willful, five repeat, 44 serious, and 10 other-than-serious violations.

Noise Levels at Illinois Work Sites Can Have Lasting Effects on Hearing Loss, Deafness

Tue, 25 Oct 2011 07:39:54 -0600

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is looking for help on how to prevent hearing loss in the workplace. Their recent press release announced the meeting will take place at the Frances Perkins Building in Washington, D.C., from 9 a.m. to 1 p.m. on Nov. 3.

Our Chicago workers' compensation lawyers know that about 30 million people in the U.S. have jobs working in extreme noise levels, and tens of thousands of them suffer from preventable hearing loss. There are a number of things that your employer can do to protect you from loss of hearing. You may want to consult with an experienced injury lawyer to learn how to protect your rights at work.

Earlier this year we posted to our Chicago Workers' Compensation Attorney Blog regarding OSHA backing out of its proposal to clarify the term "feasible administrative or engineering controls" related to OSHA's noise standard. The reason OSHA stopped work on the proposal was to start work on a plan to prevent occupational hearing loss. Part of this plan was to have a meeting with noise-control experts, workers, employers and public health professionals to get their opinions on the subject. At this meeting issues to be discussed include:

-Best practices for hearing conservation programs.

-Concerns with using personal protective equipment for noise control.

-Best practices for using feasible engineering controls.

-What companies have effective noise control programs and what elements make them successful.

The damaging effects of exposure to dangerous noise levels are cumulative and usually don't appear for many years. Becoming desensitized to a noisy workplace is very common. So workers don't worry about it and don't take steps necessary to protect themselves from its potential life-changing effects. Research is clear that prolonged exposure to excessive noise can lead to irreversible hearing loss. This isn't the only medical concern. A study of rock 'n roll performers found a number of noise-related disorders such as severe tension headaches, mild psychiatric disorders, constricted blood vessels and damage to the nervous system.

Here are a few steps for effective noise management in the workplace:

-Listen to your workers, take their noise complaints seriously.

-Perform your own decibel audit and take action on the results.

-Follow-up on all OSHA recommendations as they relate to excessive noise levels.

-Train your workers about the potential dangers of excessive noise.

-Make hearing tests part of employees' physical exams.

-If possible rotate workers who are in noisy areas.

-When possible shut down noisy equipment and machinery for short periods of time to give workers some relief.

-Rearrange offices and work areas so they are far away from excessive noise.

-Install noise-reduction devices as needed.

-Replace or upgrade old equipment with quieter, newer models.

Illinois Plumbing Company Fined $59,290 for Failing to Protect Trench Workers from Cave-In Accidents at Work

Wed, 19 Oct 2011 13:23:40 -0600

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited G.A. Rich & Sons of Deer Creek, Illinois, for not protecting trench workers, according to a recent press release . Proposed fines of $59,290 were issued for one repeat safety violation and one serious violation. The inspection took place at the site in Lexington, Illinois, where new water and sewer lines were being installed.

Our Chicago workers' compensation lawyers understand that this inspection was done as part of OSHA's Trenching and Excavation National Emphasis Program. This program allows inspectors to evaluate trenching operations at anytime and anywhere.

An OSHA area director stated that cave-ins are a leading cause of death among construction workers, and all employers should make safety a priority at all work sites.

The repeat violation was the one that produced the most costly proposed penalty of $53,900. Back in 2006, the company was doing work in Germantown Hills, Illinois. At that job site they were cited and fined for not providing cave-in protection. A repeat violation is issued if a company was fined previously for the same violation. In this case, the work site in Lexington was observed having workers in a trench that was seven-feet deep. Cave-in protection is required by OSHA standards for any trench five feet or greater in depth. OSHA standards also state that nothing should be within two feet of any trench edges. The Lexington site was observed to have excavated material at the edge of the trench resulting in a proposed penalty of $5,390 for a serious violation.

Perhaps this employer should have reviewed the recently released guidance documents, Trenching and Excavation, Working Safely in Trenches and Do Not Enter an Unprotected Trench from OSHA for safely working in and around trenches. This educational material delivers the message that working in an unprotected trench is a ticket to an early grave. It gives the statistic that at least 200 workers have died and hundreds more have been injured by trench accidents since 2003. The material emphasizes that one worker dies every two weeks from being buried alive or crushed to death in a trench collapse. The materials include the "Do Not Enter an Unprotected Trench" poster that illustrates a 3-foot by 3-foot by 3-foot pile of dirt can weigh more than 2,000 pounds. Add water to that pile of dirt and the weight can exceed 3000 pounds.

The basic rules of working in and around trenches seem pretty clear. Assuming most construction workers are over 5 feet tall, if you are working in a trench and you can't see over the edge you need a cave-in protection system. A trench needs to have an easy method of getting in and getting out, like a ramp or ladder. Material that comes out of the trench should not be put near the edge so that it falls back in.

OSHA's website can provide further information on excavation and trenching hazards.

Illinois Construction Worker Killed in Transportation Incident Caused by Large Truck Hauling Asphalt to Jobsite

Wed, 12 Oct 2011 14:06:56 -0600

A recent transportation accident at an Illinois road construction site resulted in a worker's death when a large truck carrying asphalt on a trailer backed over a construction worker working on the project.

Chicago workers' compensation lawyers frequently handle cases for injured construction workers who get hurt on the job. Construction workers are at risk of many types of injuries which can occur from fall accidents, trench collapses, electrical malfunctions, building collapse, accidents involving a nail gun or even getting run over by operating equipment.

The recent fatal accident is an example of how death could have been avoided if the workers involved would have been properly trained by the employer who has a responsibility to make sure work environments remain safe.

The Herald-News reports the tragic accident happened around 9:40 a.m. at a road improvement project on the northbound lanes of Route 171. A heavy equipment operator working at the site failed to move away from a truck that was moving in reverse. State authorities reported the back-up warning signal was audible and working properly at the time of the accident, but it is suspected that the worker was clearing the path for the heavy loaded truck and trailer at the time of the accident. The truck driver was cited for improper backing.

The Illinois Department of Transportation had contracted the company that both workers were employed by to do patchwork on a portion of road located on Route 171. They were both working on repaving a segment of road when the accident occurred.

The U.S. Department of Labor's Bureau of Labor Statistics recently reported that transportation incidents accounted for almost 40 percent of deaths in the workplace nationwide in 2010. The overall total was slightly down from 2009 but incidents involving pedestrians, railways and non-highway incidents rose by 4 percent in each category. The number of 2010 deaths at work related to transportation incidents is expected to rise when the final report comes out in the Spring of 2012.

According to the 2010 Fatal Occupation Injury Report, Illinois reported a total of 203 fatal injuries in the workplace in 2010, which was substantially higher than the final total of 158 reported in 2009. Of the 1,766 deaths at work caused by transportation incidents nationwide, Illinois reported a total of 72 of these kinds of fatal injuries occurring on the job. Only four states, California, Florida, Pennsylvania and Texas reported more deaths at work caused by a transportation incident than our state.

European Agency for Safety and Health at Work reports that the most common types of transportation accidents at work include: struck or run-over accident while vehicle is in motion, falling off a vehicle, getting struck by cargo falling from a vehicle or a vehicle overturns onto an employee.

Employers have a responsibility to perform a risk assessment and eliminate any hazards that can affect the safety of workers on the job. Examples of hazards related to vehicle accidents may include:
-Exposing workers to inclement weather conditions like driving in snow or heavy rain.
-Sending employees on routes with rough access roads like one-way narrow streets or locations with no maneuverability.
-Demanding employees have a time constraint such as requiring them to work longer hours than federal regulations permit or making several stops during a short shift.
-Requiring an employee to operate a vehicle or large machinery with several workers populating the work site, increasing the risk of running someone over.