New York City Personal Injury Lawyer - Workplace Injuries

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

NY Construction Worker Crushed to Death by Dump Truck

Paul Napoli — Sun, 22 Nov 2009 09:15:05 GMT

November 21, 2009

A Staten Island construction worker was killed on Friday when he was run over by a dump truck driven by a co-worker.

Jody Reese, 53, of Tottenville, was on the job as part of a construction crew working at a site to build a new section street connecting Richmond Avenue to Rockland Avenue in New Springville when a tragic accident took his life. He was directing traffic while standing behind a 10-wheeled Mack dump truck on Richmond Avenue and out of view from the truck’s mirrors when his co-worker reversed the truck, knocking Reese down and rolling over him with both the truck’s rear and front tires.

Emergency personnel worked to revive Reese and transported him by ambulance to University Hospital in Ocean Breeze, where he was pronounced dead at 3:10 p.m.

The accident happened about 2:20 p.m, work at the construction site resumed for the rest of the afternoon afterward.

Construction accidents happen every day and the people who are injured do not even know they may be able to be compensated for their injury or a loved one’s death. 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

Two Workers Injured as NY School Roof Collapses

Paul Napoli — Mon, 02 Nov 2009 14:53:22 GMT

November 2, 2009

The roof of a Pelham elementary school collapsed Saturday afternoon, injuring two construction workers.

Colonial School at 315 Highbrook Avenue in Pelham was undergoing a two-story addition when the school’s front wall pitched out and the roof collapsed, said Pelham Police Chief Joseph Benefico. Workers were cutting the first floor when the accident happened.

Emergency personnel transported the two injured workers to Jacobi Medical Center in the Bronx. The Pelham Union Free School District Superintendent, Dennis Lauro, said a construction company employee told him that one of the workers suffered a sprained ankle; the other worker was more seriously injured and was placed in a medically induced coma to manage the pain.

Pelham Union Free School District closed the school Monday as a precaution. In a letter to Colonial Parents today from Superintendent Dennis Lauro and Colonial’s Principal Janet Rothstein, “Our architects and school officials are conferencing with the New York State Education Department, which must give us clearance to re-open school. Based on the inspection on Saturday, the building is deemed safe. We are also planning a second engineering inspection as an extra precaution. In addition, our Board Construction Steering Committee would like to have the demolition work completed and the site cleared before reopening Colonial.” The letter promised a comprehensive memo to be released later today.

Colonial School classes resume on Tuesday, Nov. 3, with each grade assigned to an alternative location in one of the District’s other schools for the next two weeks. The school will reopen once the District gets clearance from the New York State Education Department and the Occupational Safety and Health Administration.

Colonial School will be the main topic on the Board of Education’s agenda when they meet tonight at 8:00 pm in Cafeteria C of the high school.

Wager Contracting Co. Inc., of New Rochelle, is the contractor for the construction project and declined to answer questions about the workers' conditions.

If you are a construction worker injured on the job site, you may be entitled to compensation for your injury. Call Napoli Bern Ripka, LLP today at 888-529-4669.

Originally posted at InjuryBoard by Paul Napoli

Steamroller Crushes NJ Construction Worker

Paul Napoli — Sun, 01 Nov 2009 19:01:44 GMT

October 31. 2009

New Jersey State Police are investigating a construction accident on Route 287 in Edison, which has left one worker critically injured.

About 3:30 a.m. on Friday, Nehal Master was measuring part of the roadway during a highway lane-paving project on northbound 287 near exit 1-B when a by a heavy equipment road roller ran over his legs.

A road roller (sometimes called a steamroller, roller-compactor or just roller) is an engineering vehicle used to compact soil, gravel, concrete or asphalt in the construction of roads and foundations.

Masters remains in critical condition at Robert Wood Johnson University Hospital in New Brunswick following an extensive surgery to address multiple fractures in both legs.

The Department of Transportation’s $40 million project to revamp 5.9 miles of highway, where the accident occurred, is behind schedule but expected to be completed in January.

Many factors must be taken into consideration when determining if a worker’s injury or death was the result of negligence or dangerous working conditions. Construction accidents are some of the most dangerous accidents in the world because people are operating with very heavy machinery, which could easily crush or injure the operators or other workers.

Construction accidents happen every day and people who are involved do not even know they may be able to be compensated for their injury. 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.NapoliBern.com today.

Originally posted at InjuryBoard by Paul Napoli

MSHA Proposes $504,900 in Penalties Against PA Mine Operator

Marc Jay Bern — Tue, 20 Oct 2009 19:13:45 GMT

October 20, 2009

Mount Carmel, PA - The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) has proposed $504,900 in civil penalties against UAE Coalcorp Associates, which operates the Harmony Mine in Northumberland County, PA in the 2008 roof fall that killed a miner.

"Safety is priority one, and the U.S. Department of Labor's Mine Safety and Health Administration will accept no less," said U.S. Secretary of Labor Hilda L. Solis in a news release. "Miners perform valuable work under difficult conditions. The minimum we should do is guarantee them the protections they are afforded by the law."

On June 16, 2008, Robert Carey, 45, a roof bolter and assistant foreman with nine years of experience, was fatally injured when the mine roof collapsed during retreat mining activity. MSHA has cited five violations as the result of the accident and assessed penalties under the flagrant violation provision of MSHA's civil penalty regulation. The violations allege that the fatal roof fall occurred while Carey directed a continuous mining machine operator to take excessively wide cuts, actions that were in violation of the approved roof control plan. Prior to the accident, Carey traveled under unsupported roof with the continuous miner operator and continuous miner helper to set timber posts at the face. Carey also was responsible for conducting workplace examinations.

"The mine operator was aware of adverse roof conditions in the area but nevertheless allowed mining to continue," said Dr. Gregory R. Wagner, MSHA's deputy assistant secretary for policy.

A flagrant violation is defined as "a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory safety and health standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury." Under the Mine Improvement and New Emergency Response (MINER) Act, a civil penalty of up to $220,000 may be assessed for each flagrant violation.

Harmony Mine, in operation since May 1990, is a 34-acre site about two miles south of Mount Carmel, PA. Total employment at the mine is 31 miners. Other reported incidents at Harmony Mine include a mine foreman injured when struck by falling coal in 1991, a mining supervisor killed while installing roof supports in 1994 and a miner who sustained serious crush injuries because of a collision of shuttle cars underground in 2004.

The Mine Safety and Health Administration (MSHA) is responsible for enforcing the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended by the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), which protects miners by regulating the mining industry and setting mandatory safety and health standards. The MSHA website states 29 mining fatalities have occurred this years as of October 20.

Federal and state labor laws regulate the relationship between employers and employees to protect employees from events such as discrimination or unsafe working conditions. When employers violate these labor laws, you may need to contact an attorney with specific experience in handling labor law cases to recover lost wages, back pay or other damages. Call Napoli Bern Ripka LLP at 888-529-4669 to discuss your situation today.

Originally posted at InjuryBoard by Marc Jay Bern

Safety Procedures Questioned in Fatal Philly Lift Accident

Paul Napoli — Mon, 19 Oct 2009 23:36:06 GMT

October 16, 2009

(Philadelphia, PA) – Local authorities and the U.S. Occupational Safety and Health Administration (OSHA) are investigating the cause of a Philadelphia Center City construction accident that killed one man and injured three others.

Masonry Preservation Group employee, Jimmy Wilson, 41, was killed on Monday while performing an inspection for loose masonry on the First Presbyterian Church at 21st and Walnut Streets in downtown Philadelphia. He was harnessed in the basket on a 125 foot extended boom of an aerial lift, which is like a large “cherry picker,” when the wheel of the heavy machinery fell through a fiberglass utility cover on the sidewalk. The lift toppled over, hitting a five-story apartment building and knocking down a streetlight before landing upon an unoccupied van parked in the street.

Wilson was pronounced dead from his injuries at 1:30 p.m. in Hahnemann University Hospital. Witnesses say a woman was wedged under the lift. Debris fell on the sidewalk and cars in the street below. A 70-year-old woman was treated for a broken arm and an elderly couple was treated for minor injuries at the Hospital of the University of Pennsylvania.

Officials are questioning whether safety violations contributed to the accident. State laws regulate tower and mobile cranes, and the city ordinance covers only tower cranes, but neither law deals with the aerial lift platform. Albert D'Imperio, area director of the U.S. Occupational Safety and Health Administration, said OSHA regulates the aerial lift platform under its scaffolding regulations.

OSHA regulations state: An aerial lift truck may not be moved when the boom is elevated in a working position with men in the basket, except for equipment that is specifically designed for this type of operation. Only trained persons shall operate an aerial lift. The brakes shall be set and outriggers, when used, shall be positioned on pads or a solid surface.

Police and witnesses say Wilson moved the lift machine from the boom’s basket controls, causing the wheels to roll onto the utility cover, which gave way under the machines weight. Wilson was an employee of Masonry Preservation Group for more than 20 years, considered a highly trained union journeyman and experienced with high work. It is unclear what specific training Wilson had in aerial lift operation. Brent Schopfel, Wilson’s employer, said he doubted Wilson would violate safety standards by moving the machine and an employee at the site during the accident did not believe it either. Newer lifts have a safety mechanism that prevents them from moving while the arm is extended, but Wilson was operating an older model that did not have that feature, Schopfel said.

Mayor Nutter's office said yesterday that Masonry Preservation Group lacked two necessary permits - one to close the sidewalk and one to close a lane of traffic on Walnut Street. The company’s workers closed the sidewalk, despite not having a permit to do so. They did not close a lane of traffic, as they should have, the mayor's office said.

The preliminary 2008 Census of Fatal Occupational Injuries, produced by the US Department of Labor’s Bureau of Labor Statistics, states that once again workers in construction incurred the most fatalities of any industry in the private sector. Nationwide, 680 workers from various industries died resulting from falls on the job in 2008. Final results of the census will be released in April 2010.

These types of construction accidents are not always the fault of the person who is operating the machinery, often they can be attributed to the carelessness of managers or other people who are running the job site. If you have been injured in a construction accident, you may be able to be compensated for your injury or a loved one’s death if you talk to our lawyers. Many factors must be taken into consideration when determining if a worker’s injury or death was the result of negligence, equipment failure or dangerous working conditions. 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 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.NapoliBern.com today.

Originally posted at InjuryBoard by Paul Napoli

Construction Worker Dies from Fall on the Job

Paul Napoli — Fri, 02 Oct 2009 17:19:37 GMT

October 2, 2009

Police Lt. Charles Campbell confirmed yesterday that Frank Puglisi, 66, died Sunday from injuries suffered in a fall last Friday at a Hoboken construction site.

Frank Puglisi, of Lodi, was rushed to Jersey City Medical Center on Friday after a he fell backward off a loading dock platform while working at the construction site for the Berkshire, a 14-story rental building at 14th Street and Shipyard Lane, according to Police Lt. Charles Campbell. Although Puglisi fell only a few feet, he suffered serious head trauma. Campbell noted that it remains unclear how or why Puglisi may have fallen.

Shanaphy, an assistant property manager at Hoboken-based Applied Development Company, owner of the property said, "It's a terrible tragedy and our thoughts and prayers are with his family."

Many factors must be taken into consideration when determining if a worker’s injury or death was the result of negligence or dangerous working conditions. 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.NapoliBern.com today.

Sources:

http://www.nj.com/hobokennow/index.ssf/2009/10/construction_worked_injured_in.html

http://www.nj.com/news/jjournal/hoboken/index.ssf?/base/news-1/1254464733270090.xml&coll=3

http://stats.bls.gov/news.release/cfoi.nr0.htm

Originally posted at InjuryBoard by Paul Napoli

Report – Thousands Seek Help for WTC-Related Health Issues

Chrissie Cole — Thu, 24 Sep 2009 09:36:00 GMT

A newly released report on possible health effects of the 9/11 World Trade Center Attack suggests an estimated 16,000 people received publicly funded medical treatment for WTC-related medical conditions between June 2008 to June 2009.

The WTC Medical Working Group, was appointed by Mayor Bloomberg in 2007. It is made up of a collection of health experts made up from government, science and medicine. This is their 2nd annual report on 9/11 health.

Some 42,000 rescue, recovery and clean up workers were in monitoring programs. The report also suggests people aren’t taking advantage of available medical services, including thousands of people suffering from post-traumatic stress disorder (PTSD).

PTSD is characterized by outbursts of anger, an inability to sleep and concentrate, an exaggerated response, hopelessness and reliving the event.

Time is running out for workers and volunteers who participated in rescue, cleanup or recovery following the attack to register with the N.Y. State’s Workers’ Compensation Board to preserve the right to file for 9/11-related workers’ compensation.

Those who have not yet registered must do so by September 11, 2010.

Read the "2009 Annual Report on 9/11 Health."

Originally posted at InjuryBoard by Chrissie Cole

NYC Worker Killed In Scaffolding Collapse

Chrissie Cole — Wed, 19 Aug 2009 18:51:00 GMT

A construction worker fell four stories to his death when the scaffolding he was on collapsed. City authorities are now investigating whether the worker was properly harnessed at the time.

Henryk Siebor, 42, was an employee of Nova Restoration, Inc., of Brooklyn. The accident occurred outside the Park Slope apartment building located on 12th Street and 7th Avenue just after 5:30 p.m. on Tuesday.

Seibor was moving from one scaffold to another which was occupied by two workers when the second collapsed, according to a buildings Department spokeswoman.

The other workers were able to cling to the tilted scaffold until firefighters finally pulled the workers through the building window to safety. One worker was taken to the hospital with minor injuries.

Investigators will continue to look into the accident, at this time, they say it appears the scaffolding should have been able to support all three workers.

Originally posted at InjuryBoard by Chrissie Cole

Judge Sets April Date for 9/11 Wrongful Death Suit

Chrissie Cole — Wed, 29 Jul 2009 10:58:00 GMT

A federal judge in New York has set April 12, 2010 as the date for the first trial in the wrongful death lawsuits stemming from the Sept. 11 terrorist attacks.

Federal Judge Alvin Hellerstein set the date Tuesday over complaints by aviation security industry lawyers who said they need more time to prepare.

It is undecided which of three remaining wrongful death cases will be heard by a jury at the trial. More than 90 families have already settled their claims; thousands of other claims were resolved through a special compensation fund.

Hellerstein said he wants the trial to move quickly, and will set time limits on each side's presentation.

Immediately following this case, he will then begin proceedings on lawsuits from people who have respiratory problems that may be associated with the attacks.

Originally posted at InjuryBoard by Chrissie Cole