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OSHA’s Top 10 Workplace Safety Violations 2009

Paul Napoli — Mon, 23 Nov 2009 17:41:50 GMT

November 23, 2009

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released the agency’s preliminary Top 10 Safety Violations for 2009 as part of a presentation for the National Safety Council 2009 Congress & Expo last month.

“We appreciate our colleagues at OSHA presenting their new violation data to such a receptive audience,” said National Safety Council President and CEO Janet Froetscher. “The sheer number of violations gives us new resolve in raising awareness about the importance of having sounds safety procedures.”

OSHA’s Top 10 Workplace Safety Violations are:

1. Scaffolding – 9,093 violations

Scaffold accidents most often result from the planking or support giving way, or to the employee slipping or being struck by a falling object.

2. Fall Protection – 6,771 violations

Any time a worker is at a height of four feet or more, the worker is at risk and needs to be protected. Fall protection must be provided at four feet in general industry, five feet in maritime and six feet in construction.

3. Hazard Communication – 6,378 violations

Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import, and prepare labels and safety data sheets to convey the hazard information to their downstream customers.

4. Respiratory Protection – 3,803 violations

Respirators protect workers against insufficient oxygen environments, harmful dusts, fogs, smokes, mists, gases, vapors and sprays. These hazards may cause cancer, lung impairment, other diseases or death.

5. Lockout-Tag out – 3,321 violations

"Lockout-Tag out” refers to specific practices and procedures to safeguard employees from the unexpected startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities.

6. Electrical (Wiring) – 3,079 violations

Working with electricity can be dangerous. Engineers, electricians and other professionals work with electricity directly, including working on overhead lines, cable harnesses and circuit assemblies. Others, such as office workers and sales people, work with electricity indirectly and may also be exposed to electrical hazards.

7. Ladders – 3,072 violations

Occupational fatalities caused by falls remain a serious public health problem. The US Department of Labor (DOL) lists falls as one of the leading causes of traumatic occupational death, accounting for eight percent of all occupational fatalities from trauma.

8. Powered Industrial Trucks – 2,993 violations

Each year, tens of thousands of injuries related to powered industrial trucks (PIT), or forklifts, occur in US workplaces. Many employees are injured when lift trucks are inadvertently driven off loading docks, fall between docks or off an unsecured trailer and they are struck by the lift truck or they fall while on elevated pallets and tines.

9. Electrical – 2,556 violations

Working with electricity can be dangerous. Engineers, electricians, and other professionals work with electricity directly, including working on overhead lines, cable harnesses, and circuit assemblies. Others, such as office workers and sales people, work with electricity indirectly and may also be exposed to electrical hazards.

10. Machine Guarding – 2,364 violations

Any machine part, function or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact injures the operator or others in the vicinity, the hazards must be eliminated or controlled.

OSHA’s final report will be published in the National Safety Council’s December 2009 issue of Safety+Health magazine.

If you or a loved one have been injured while at work, you may be entitled to compensation such as medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support (in the case of the death of a spouse whose income supported family members) for the personal injury or wrongful death of a loved one while on the job. At Napoli Bern Ripka, LLP we are experienced in personal injury and wrongful death lawsuits. We know that dealing with the death of a loved one is difficult. Contact us to discuss what you can do to recover for the loss call 888-529-4669 or visit www.NBRLawFirm.com today.

Originally posted at InjuryBoard by Paul Napoli

EPA Issues Rules to Reduce Water Pollution from Construction Sites

Paul Napoli — Mon, 30 Nov 2009 02:36:08 GMT

November 29, 2009

The U.S. Environmental Protection Agency (EPA) has issued a final rule aimed at reducing water pollution from construction and development industries.

The final rule, which takes effect in February 2010 and will be phased in over a four-year period, will require construction site owners and operators who disturb one or more acres to use erosion and sediment control best management practices (BMPs) and pollution prevention measures to prevent run off of pollutants from construction sites into nearby bodies of water.

It also requires construction site owners and operators who impact 10 or more acres to monitor stormwater discharges and comply with a numeric standard for the pollutant turbidity in those discharges. This is the first time that EPA has imposed national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges.

Construction activities like clearing, excavating and grading significantly disturb the land and cause soil and sediment runoff, one of the leading causes of water quality problems nationwide.

“The disturbed soil, if not managed properly, can easily be washed off of the construction site during storms and enter water bodies,” the EPA Final Rule says. “Stormwater discharges from construction activities can cause an array of physical, chemical and biological impacts.”

If you or a family member have suffered illness or your property contaminated by soil or ground water pollution, toxic spillage, chemical seepage, improper waste disposal or other environmental issues from construction, mining or other industrial operations, it is important that you contact an attorney immediately to discuss your legal options. Call Napoli Bern Ripka, LLP today at 888-529-4669.

Originally posted at InjuryBoard by Paul Napoli

One Dead, One Injured in Fiery Tractor-Trailer Accident on Route 287 Crash in NJ

Paul Napoli — Mon, 16 Nov 2009 18:06:24 GMT

November 16, 2009

A crash early Saturday morning between a tractor-trailer and an SUV on Route 287 in Morris County, NJ ended in flames and left one man dead and another injured.

New Jersey State Police say that about 5:40 a.m. Saturday, a 1996 Ford Explorer SUV driven by Kevin V. Moriarty, 56, of Pearl River, NY, was either stopped or moving at low speed with no lights on in the center lane of northbound Route 287.

A tractor-trailer driven by Nelson Griffin, 46, of Bear, DE, swerved to avoid Moriarty’s SUV, but clipped the rear end, sending the SUV into a spin toward the left shoulder. While spinning, the SUV hit the center concrete barrier and ejected Moriarty into the southbound lanes of Route 287.

Griffin’s tractor-trailer hit the center concrete barrier and overturned, landing on the barrier and SUV. The force of the accident propelled both vehicles northward along the barrier, eventually stopping where flames engulfed them.

The Morris County Medical Examiner’s Office pronounced Kevin Moriarty dead at the scene. Montville fire and ambulance transported Nelson Griffin to Morristown Memorial Hospital with minor injuries.

Fire departments from Montville, Riverdale, Boonton and Kinnelon responded and helped put out the fire.

State Police closed northbound and southbound Route 287 and detoured traffic onto Routes 23 and 202 while they investigated and cleared the accident scene. They reopened one lane in each direction of Route 287 at 7 a.m. and reopened all lanes at 1:30 p.m.

The New Jersey State Police continue to investigate, and ask witnesses to contact the Netcong barracks at 973-347-1001.

Commercial trucking accidents can occur due to a variety of causes. On roadways occupied mostly by passenger vehicles, commercial trucking accidents can cause very severe property damage, life-threatening injuries and even death. If you are injured or a loved one killed in a trucking accident, you need to contact a personal injury attorney who is experienced in trucking accidents as soon as possible. Visit www.NBRLawFirm.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the medical care you need and the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli

Brooklyn's BEST Smoked Nova Salmon Recalled Due to Potentially Deadly Bacterium

Paul Napoli — Sun, 22 Nov 2009 09:10:30 GMT

November 20, 2009

Service Smoked Fish Corp. of Brooklyn, NY, is recalling specific "Use-By" dates and lot codes of Brooklyn's BEST brand Smoked Nova Salmon because they have the potential to be contaminated with the organism Listeria monocytogenes.

The U.S. Food and Drug Administration (FDA) found Listeria monocytogenes in samplings of finished products, prompting this recall. Service Smoked Fish Corp. has ceased production and distribution of the product while the company and the FDA investigate the cause of the contamination. No illnesses have been reported to date.

Brooklyn’s BEST brand Smoked Nova Salmon was distributed in the greater New York area, New Jersey, Connecticut and the areas of Baltimore, MD, Los Angeles, CA, and Portland, OR. Consumers may have purchased the product from retail food stores.

The Smoked Nova Salmon was vacuum-packed in clear, plastic bags of various size packages including 3 oz., 4 oz., 8 oz., 12 oz., 16 oz. and random weight sides with the brand name "Brooklyn's BEST" appearing on a circular label inside the vacuum bag. A "Use-By" date appears on the bottom of the gold board. Units with "Use-By" dates of 12/03/09 through 12/19/09 are being recalled. The product was also air-packed in bulk boxes. Air-packed units with lot numbers 060 through 043 are being recalled. No other use-by dates or lots numbers are involved in this recall.

Listeriosis, a serious and sometimes fatal infection caused by eating food contaminated with the bacterium Listeria monocytogenes, is recognized as an important public health problem in the United States. People suffering from listeriosis may suffer gastrointestinal symptoms such as nausea, vomiting and diarrhea. The most serious manifestations of listeriosis include septicemia, meningitis (or meningoencephalitis), encephalitis, and intrauterine or cervical infections in pregnant women, which may result in spontaneous abortion or stillbirth. These disorders are usually preceded by influenza-like symptoms including persistent fever.

While healthy people may also be at risk, people most susceptible to the disease are children, frail or elderly people, pregnant women and people with immune systems weakened by corticosteroids, anticancer drugs, graft suppression therapy or AIDS.

L. monocytogenes has been associated with such foods as raw milk, supposedly pasteurized fluid milk, cheeses (particularly soft-ripened varieties), ice cream, raw vegetables, fermented raw-meat sausages, raw and cooked poultry, raw meats (all types) and raw and smoked fish. It is quite hardy and resists the deleterious effects of freezing, drying and heat and its ability to grow at temperatures as low as 3°C permits multiplication in refrigerated foods.

Listeriosis has an extremely variable incubation period. It can range from three to 70 days, but symptoms usually appear within a month. Specific laboratory tests are the only way to identify this disease. People who are experiencing symptoms and fear they may have contracted Listeriosis, especially those people most at risk, should contact their physician.

Consumers who have purchased the above "Use-By" dates or lot codes of Brooklyn's BEST brand Smoked Nova Salmon are urged to return it to the place of purchase for a full refund. Consumers with questions may contact the company at 718-388-4067, Monday - Friday, 7 am - 3 pm.

When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Napoli Bern Ripka LLP today at 888-529-4669 to discuss your case and determine if you are entitled to compensation for your injuries.

Originally posted at InjuryBoard by Paul Napoli

Reserve Yield Plus Fund (RYPQX) – Hurry up and wait…

NBR Law — Thu, 16 Oct 2008 13:55:35 GMT

Neither Reserve or TDAmeritrade have released any information regarding when the fund’s shares will begin trading, or at what price. I have spoken to over 100 investors who are ready and waiting to file their claims against TDAmeritrade, should that NAV fall below 1 dollar.

Investors that purchased the Reserve Yield Plus Fund have formed an Internet group to trade evidence and explore legal options. Attorney Vincent Imbesi is leading the charge. He plans to file multiple arbitration claims with FINRA, this week, against TDAmeritrade.

"Some of the stories are heartbreaking. Some elderly clients invested their entire life savings in the Fund, and they cannot afford to their daily living expenses, because their money is completely frozen," Mr. Imbesi explained.

If you have purchased the Reserve Yield Plus Fund or Reserve Primary Fund, please call or e-mail Vincent Imbesi.

Vincent Imbesi is the head securities attorney at Napoli Bern Ripka LLP. He has recovered millions of dollars for individual investors. He provides a free consultation for investors with potential claims of stock fraud or negligence.

Originally posted at InjuryBoard by NBR Law

Medtronic Pacemaker Recall

Oguz Ozdemir — Fri, 14 Aug 2009 01:48:56 GMT

On June 11, 2009, the U.S. Food and Drug Administration (FDA) issued a Class 1 recall of two types of Medtronic pacemakers that have been shown to malfunction. A Class 1 recall means that the use of this product with its faulty parts could have serious side effects and could even result in death.

The pacemakers from Medtronic are being recalled because there is a possibility they may not perform when needed. The company has discovered that wires that connect to the battery of the recalled pacemakers have been separating from the electronic circuit causing it to not perform properly or not at all.

Pacemakers are used by patients who suffer from abnormal heart beats and the device is used to regulate the rhythm to a healthy level. When the pacemaker does not perform properly, the patient may find that the original symptoms of an irregular heart rate return such as feeling light headed and or fainting. Serious injuries can occur and the malfunction can even result in death.

The Medtronic pacemakers that are being recalled are the Kappa Series models 600, 700 and 900, and the Sigma Series models 100, 200 and 300. The company has produced over 1.7 million Sigma and Kappa pacemakers that have been implanted in heart patients around the world. Of this the number of recalled pacemakers is around 21,000.

Many of the recalled devices were implanted in patients over five years ago. If you think that you have a Sigma or Kappa pacemaker that has been recalled you should contact your physician or healthcare professional immediately to prevent any serious repercussions.

The medical community was notified of the recall in early May and in turn physicians and health care professionals began notifying their patients. Being unaware of this recall could give a heart patient a false sense of security in feeling that their heart condition is under control.

The FDA constantly monitors medical devices to ensure the safety of the public and has set a standard of reporting requirements that is ongoing. Once the FDA becomes aware of a problem with a medical device it works closely with the manufacturer to ensure a safe and comprehensive recall.

Cardiac pacemakers are among the number of medical breakthroughs that have been developed over the past few years that help heart patients deal with their conditions in a safer manner. A pacemaker is implanted into a cardiac patient and it monitors the heart rate through electrical impulses and sends electrical stimuli to bring it back to a normal rhythm if it beats too slowly or an abnormal rate is detected.

If you think that you may have a recalled Medtronic pacemaker you should contact your physician and also the Medtronic Company. The company’s toll free number is 1-800-505-4636. If you have a recalled pacemaker from Medtronic and suffered from any side effects as a result of this defect, you should give our legal team at Napoli, Bern Ripka a call at 1-888-LAW-IN-NY to schedule a free consultation. Our lawyers are well versed in recalled medical products and can suggest a reasonable course of action.

Originally posted at InjuryBoard by Oguz Ozdemir

Fires and Burn Injuries Prompt Recall of Gas Grills Sold at Lowe’s Stores

Paul Napoli — Sun, 22 Nov 2009 23:26:04 GMT

November 22, 2009

L G Sourcing, Inc., in cooperation with the U.S. Consumer Product Safety Commission (CPSC), has announced the recall of about 663,000 gas grills sold in the United States and 1,700 gas grills sold in Canada because burners can deteriorate causing irregular flames and the lids of some models can catch fire, posing fire and burn hazards to the consumer.

The firm has received about 40 reports of fires from the burners deteriorating and about 23 reports of the lids catching fire. The firm is aware of 1 report of an eye injury requiring surgery and 21 incidents of minor burns to the hands, arms or face.

Perfect Flame SLG Series Gas Grills manufactured by Lucas Innovation Inc., of China, were sold exclusively at Lowe’s retail outlets nationwide from September 2005 through May 2009 for between $200 and $550 (U.S.) and in Canada from December 2007 through May 2009 for between $200 and $250 (CAN).

The recalled grills are SLG series “Perfect Flame” brand outdoor propane or natural gas grills. The grills are stainless steel and painted black or gray metal. The model numbers affected by this recall are SLG2006B, SLG2006BN, SLG2006C, SLG2006CN, SLG2007A, SLG2007B, SLG2007BN, SLG2007D, SLG2007DN and SLG2008A. The model number can be found in the compartment under the cooking chamber. No other Perfect Flame model numbers are included in this recall.

Consumers should immediately stop using the product and contact L G Sourcing, Inc. at (888) 840-9590 to receive free replacement burners and, depending on the model of the grill owned, a free replacement lid.

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx.

Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If you have been injured or sustained property damage as the result of a defective product, then you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka, LLP, our attorneys will work with you to begin the process of filing a claim so you can recover damages for repair or replacement of your property or for medical expenses incurred because of your injury. Call 888-529-4669 today.

Originally posted at InjuryBoard by Paul Napoli

Long Island Father of Two Dies in Hit and Run Motorcycle Crash

Paul Napoli — Tue, 01 Dec 2009 20:35:54 GMT

December 1, 2009

Nassau police continue to search for a hit and run driver that killed a motorcyclist in Franklin Square on Sunday morning.

John Deike, 46, was driving his Honda motorcycle northbound on Commonwealth Street at about 11:45 a.m. when a car traveling eastbound on Naple Avenue broadsided him at the intersection. The driver of the car fled the scene.

The 46-year-old father of two small children was only six houses away from his Franklin Square home where his family eagerly awaited his arrival to go see the Radio City Christmas Show in Manhattan. No one witnessed the accident, but a neighbor heard the collision down the street and notified Deiker’s wife, Christine.

Police arrived at the scene to find Deiker lying in the middle of the street, his motorcycle down and debris scattered in the roadway. Deiker had not been wearing a helmet at the time of the crash. Emergency personnel transported him to Franklin General Hospital, where he died from his injuries about an hour after the accident.

Police have determined, from the debris at the scene, that the hit and run driver’s vehicle is a 1991-1996 Buick Century.

Deiker’s parents said his wife Christine, 4-year-old son and 5-year-old daughter were inconsolable.

"At this point we are endeavoring to locate the individual who possibly struck Mr. Dieker. We're attempting to identity the vehicle," said Det. Sgt. John DiMartinis of the Nassau Homicide Squad.

Franklin Funeral Home, Inc. of Franklin Square, NY is entrusted with the funeral arrangements for John Deiker. Visitation Tuesday 2-4 p.m. and 7-9 p.m. Funeral Mass Wednesday 10:30 a.m. at St. Catherine of Sienna R.C. Church. Interment St. Charles Cemetery. In lieu of flowers, donations may be sent to the Deiker family for their children's college fund.

Police are asking anyone with information regarding the crash to please contact the Nassau County Police Homicide Squad, or anonymously call Crime Stoppers at 1-800-244-TIPS.

If you or a loved one are injured or a loved one killed in a motorcycle accident, you need to contact a personal injury attorney who is experienced in motorcycle accidents as soon as possible. Visit www.NBRLawFirm.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the medical care you need and compensation you deserve for your injuries or a loved one’s death.

Originally posted at InjuryBoard by Paul Napoli

FDA Warns of Dangerous Drug Interactions for Clopidogrel (Plavix) Patients

Paul Napoli — Tue, 17 Nov 2009 16:56:50 GMT

November 17, 2009

The U.S. Food and Drug Administration (FDA) released a public health advisory today warning the public of the dangerous drug interaction between clopidogrel (marketed as Plavix) and omeprazole (marketed as Prilosec and Prilosec OTC).

Clopidogrel is an anti-clotting medication prescribed for patients at risk for heart attacks or strokes. It may also cause bleeding in the stomach and medications like omeprazole may be used in combination with clopidogrel to reduce the production of stomach acid and prevent stomach bleeding. The FDA has new data showing that omeprazole, when used in conjunction with clopidogrel, reduces the anti-blood clotting effects by blocking the conversion of clopidogrel into its active form.

The FDA warns patients using clopidogrel to consult with their healthcare provider if they are currently taking or considering taking omeprazole, including Prilosec OTC. Both clopidogrel and omeprazole can provide significant benefits to patients, and patients should always consult with their healthcare professional before starting or stopping any medication. It is very important that patients talk with their healthcare professional about any over-the-counter (OTC) drugs they are taking before starting or while using clopidogrel.

The FDA advised in the agency’s Drug Safety Information for Healthcare Professionals, “The concomitant use of omeprazole and clopidogrel should be avoided because of the effect on clopidogrel's active metabolite levels and anti-clotting activity.”

Patients who use clopidogrel and need a medication to reduce stomach acid can use antacids such as Maalox or Mylanta and most acid reducers, such as Zantac (ranitidine), Pepcid (famotidine), or Axid (nizatidine), because the FDA does not believe that these medicines will interfere with the anti-clotting activity of clopidogrel.

The FDA warned that these other drugs should also be avoided in combination with clopidogrel because they may have a similar interaction include: esomeprazole (Nexium), cimetidine (which is available by prescription Tagamet and OTC as Tagamet HB), fluconazole (Diflucan), ketoconazole (Nizoral), voriconazole (VFEND), etravirine (Intelence), felbamate (Felbatol), fluoxetine (Prozac, Serafem, Symbyax), fluvoxamine (Luvox), and ticlopidine (Ticlid).

If you or a loved one has suffered a dangerous drug interaction or harmful side effects of over-the-counter or prescription medication, contact Napoli Bern Ripka, LLP at 888-529-4669 to discuss your options for filing a claim and recovering compensation for your medical expenses, lost wages and pain and suffering.

Originally posted at InjuryBoard by Paul Napoli

H1N1 Swine Flu Vaccine

Paul Napoli — Thu, 22 Oct 2009 13:51:16 GMT

Vaccinations start in New York City schools next week. Consent forms have been sent home and Mayor Michael Bloomberg is keen for parents to sign the forms and have their children vaccinated. As always this is a matter of choice. The swine flu vaccine will be free to all public and private schools from October 28. Parents can also choose to have their children immunized at their local doctors. In the meantime, the new nasal form of vaccine is becoming available for those who wish to use it.

The new H1N1 vaccine is new, but not new. Flu shots are nothing new and swine flu is just another strain of flu that you can choose to be vaccinated for or not. Receiving the vaccine is mandatory for healthcare workers, which many have protested about.

Also in protest are the groups of people who are against the whole idea of mass dosing a population. Some even think there may be a conspiracy going on and that the government is dosing Americans up with some ‘secret formula’. This kind of reaction has occurred with other vaccines in the past too.

Many people have been concerned too about taking the H1N1 vaccine in the form of a nasal spray. Their concern is of course that the spray form is made from a greatly weakened virus that cannot grow at human body temperature (sometimes called LAIV for Live Attenuated Influenza Vaccine). This immediately strikes fear into people believing that taking the spray means they will infect others around them. Doctors are working hard to allay people’s fears and present them with as much information as possible.

There are those who should not take the nasal vaccine, but rather wait for the ‘shot’ version instead. It is advised that pregnant women, children under 2 and adults over 50 shouldn’t receive the nasal spray. Also those who are caring for someone with seriously impaired immune systems and children or adolescents who are on asprin medication shouldn’t take the vaccine in spray form.

Some people have also expressed concern about the inclusion of thimerosal in the spray as it contains small amounts of mercury. The spray is available without this preservative in it and people are advised to check with their doctor if they wish to have the non thimerosal version.

For those who do choose to take the H1N1 vaccine in nasal form there are a few possible side effects. In adults this may include a cough, headache, runny nose and sore throat. Children may develop headache, runny nose, vomiting, wheezing, muscle aches and mild fever. Nearly all vaccines carry the possibility of some side affects, though most people do not develop any or all of them. The same holds true for the H1N1 vaccine.

The seasonal nasal spray and the H1N1 nasal spray shouldn’t be given at the same time, though it is perfectly safe to take at the same time as an inactivated virus vaccine (flu shot). The inactivated version of the 2009 H1N1 vaccine is also safe to take at the same time as the seasonal nasal spray.

While doctors are doing all they can to convince people of the safety and effectiveness of the 2009 H1N1 vaccine, in both its forms, it is always up to the individual to make an informed choice.

Originally posted at InjuryBoard by Paul Napoli