Why We Need Strong Workplace Safety Laws (Guest Post)

Written by Joseph Ginarte 

Many jobs involve some inherent dangers. However, an employer is always liable for maintaining a safe workplace and observing regulations set by OSHA, the U.S. Occupational Safety and Health Administration. This liability covers anyone working on the premises, whether that person is an employee of the company or an independent contractor. In addition to a safe environment, the employer is also required to provide safe tools, including vehicles, appliances and other devices utilized to perform the work. Employers must caution employees about hazards relating to the job that the employee may not know about, provide sufficient help to get a job done safely and consistently enforce safety rules so that all employees comply. 

Workplace safety laws are complex and vary from state to state. However, in most cases, state laws conform very closely to the federal OSHA regulations. In the event of a workplace injury, in most states the standards set forth by OSHA are usually those that employers will be held responsible for. Employers are seldom held liable for any and every possible injury, simply because it happened in the course of employment. The factor that will determine whether an employee’s claim against an employer is justifiable is whether the injury occurred as a direct result of the employer’s failure to observe safety standards. 

If an injury should occur on the job, your first step should be to seek proper medical help for yourself. As soon as is reasonably possible given the circumstances of your health, you should notify the employer of your injury. Take steps immediately to file a claim for worker’s compensation. While no state requires an attorney to make a worker’s compensation claim, the services of an experienced attorney may be very helpful at this time. In addition, an injury lawyer can be useful in ensuring that the medical help you are receiving is adequate. It’s important to have an experienced expert oversee this issue because you will initially be required to utilize doctors specified by the company’s worker’s compensation insurance provider, not your own doctors. The attorney will also ensure that the facts of your claim are properly presented and that all documents are in order. 

In addition to worker’s compensation, a work injury may justify a personal injury claim as well. While worker’s compensation benefits require little proof beyond the facts that the injury occurred on the job, the basis for a personal injury claim is always negligence on the part of the party who is liable. Negligence can be difficult to prove in an employment injury and requires the expertise of an experienced personal injury attorney. Workplace personal injury claims must be carefully documented including medical records and statements of witnesses to the accident. In addition, very strict statutes of limitations apply. A personal injury attorney can advise you on your rights and responsibilities as well as evaluate the strengths and weaknesses of your case and offer an estimate, based on his or her experience, of the most likely outcome in terms of compensation. If you decide to go ahead with the claim, the personal injury attorney can make sure all important deadlines are fulfilled and gather the facts necessary to present your case.  

This guest post was contributed by Joseph A. Ginarte. He is a specialist personal injury attorney New York and the proprietor of the Ginart Law firm. He enjoys writing and sharing his insights on various legal blogs.

Note: As stated in a similar post, companies are required by OSHA not only to provide the proper tools and equipment for employees and see that they are trained properly, but also furnish the right work safety productsfor the particular job.  Then it is up to each worker to wear that PPE at all times while on the job.  PPE is the last line of defense in protecting each worker. Pat

 

 

OSHA’s TOP TEN MOST CITED VIOLATIONS SO FAR THIS YEAR

At the National Safety Council (NSC) Congress and Expo, which wrapped up yesterday, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced the Top 10 most cited safety violations at workplaces so far this year.

The deputy director of OSHA’s Directorate of Enforcement Programs, Patrick Kapust, presented the agency’s findings during a lecture at the Expo.  The Top 10 violations present key areas where OSHA can more actively enforce regulations as well as provide more training, outreach and assistance.

“”While great progress has been made in safety over the past 100 years, today’s presentation reminds us there is more to be done to make our workplaces safer.  We appreciate our colleagues at OSHA sharing their most recent data at our Celebration of the Century,” Janet Froetscher, the President and CEO of the NSC, said in a press release.

Business owners and managers can use this year’s Top 10 to better protect their employees. Many of the areas listed as the most frequently violated are simply overlooked in the workplace, either from overexposure or or lack of knowledge.

The Top 10 for 2012 so far are:

1. General lack of fall protection
2. Failure to communicate hazards
3. Improper scaffolding construction and safeguards
4. Insufficient respirators and masks
5. Unsafe ladder usage
6. Inadequate machine guards
7. Improperly maintained or used industrial trucks
8. Unsafe wiring methods
9. Lack of lockout/tagout tools
10. General lack of electrical protection

Number one was cited in 7,250 inspections of businesses so far this year, a staggering number given the priority OSHA has placed on the use of fall protection harnesses in the workplace. Be sure that your business is in compliance with this incredibly important safety regulation.  Those employees who are required to work at heights should have full protection from the risk of falls.

Companies that fail to comply with OSHA regulations are taking a chance with the lives of their employees first of all, plus having to pay large sums of money in fines, and lost time and productivity.  It seems it would be much easier to follow the rules than be reported as irresponsible.

DAYLIGHT SAVING TIME ENDS AT 2 a.m. SUNDAY, NOVEMBER 4TH

For those who live in the Daylight Saving Time zone, be sure to set your clocks back one hour this Sunday, November 4th!   (Go ahead and set your clocks back Saturday night.) The pros and cons of this decision made by the government are debated year after year.  Many people enjoy having extra daylight to enjoy outdoor activities, and others wish it were just left alone and not changed. 

During World War I, Daylight Saving Time was instituted in the U.S. in order to save energy for war production, by taking advantage of the daylight between April and October.  Between the wars and after World War II, communities and states were able to choose whether they wanted to observe DST.  During World War II, the government again required the states to observe this change.    In 1966, Congress passed the Uniform Time Act, which standardized the length of Daylight Saving Time.    

Since 2007, DST is four weeks longer, due to the passage of the Energy Policy Act in 2005.  This act extended four weeks – from the second Sunday of March to the first Sunday of November, hoping that it would save 10,000 barrels of oil each day through reduced use of power by businesses during daylight hours.   Unfortunately, it is very difficult to determine energy savings from this plan, based on a variety of factors.  Many persons speculate that little or no energy is saved by this time change.  Power usage increases in the early morning hours, as people must get up for work while it is still dark to prepare for their day.  Some even have to commute before daylight. 

Although research shows that traffic fatalities are reduced when there is more daylight, (DST), the early morning darkness brings more danger for workers driving to work, and children walking to catch the school bus while it’s still dark.  With the time change, statistics show an increase in evening traffic accidents immediately following the time change in November, as drivers face going home in a darker environment, and possibly children are on their bikes returning home from after-school activities.

To ensure that we don’t “fall backward” on safety, this marks an excellent time to do a home safety evaluation.  The National Fire Protection Association recommends that smoke alarms and carbon monoxide alarms be checked once a year.  Their figures show that around ninety per cent of homes in the United States have smoke alarms; however one-third of those are estimated to have dead or missing batteries.  They also recommend that smoke alarms be replaced after 10 years.  Some newer types of alarms have remote controls, making it easier than ever to check them. 

Smoke and carbon monoxide alarms should be:

  •        Installed on every level of the home, and in sleeping areas
  •        Tested once a month
  •        Equipped with new batteries annually 

Also, keep a fire extinguisher handy, and have a fire escape plan for every member of the family.  While you are doing your home safety evaluation, also ensure that your door locks function properly, 

Enjoy that extra hour of sleep we lost in the spring!

Five Serious Issues To Be Aware Of In Older Homes (Guest Post)

Sent to us courtesy of Cormac Reynolds.
 
Older homes come with a lot of character, especially when compared to the relatively dull designs of the modern day. However, whether you want a Victorian house in Brighton or a classical abode in Devon, there are a number of issues that continuingly rear their heads with old homes.
 
However, don’t let the thought of this put you off your dream – just make sure that the house is checked out before you purchase it. So, what are the issues to watch out for?
 
Piping and Wiring
 
One of the most common problems found with older homes comes in the shape of the pipes and wires used to bring utilities into the home. Lead pipes are very common in older homes that were built before the 1940s, however in some cases lead was used to join copper pipes until the 1980s. A filtration system is the best way to take care of issues caused by these pipes. A full refit will demand parts of the home to be destroyed and also costs significant amounts of money.
 
Old wiring can also be a serious issue in older homes and in many cases it is not grounded. This can be seen if the home has two prongs instead of three. Many parts of these older homes also didn’t come with ground fault interrupters in areas with water. This means that the power would not be cut off completely if it comes in touch with water. Building surveys can help with this sort of cable avoidance.
 
Cesspools and Septic Tanks
 
Many older homes that now run on the mains originally had wells or septic tanks on the property. This can cause all sorts of problems if a contractor unearths one unknowingly. They may need to be removed if you are intending on extending to a new area and it’s always best to have an underground utility detection survey before building onto any area of an old home.
 
Radon Gas
 
Considered to be a leading cause of lung cancer, radon gas enters the home through cracks in the floor. In the USA the Environmental Protection Agency estimates around 5 per cent of homes have Radon gas issues and advise a building survey to be done by contractors or home inspectors before moving in.
 
Asbestos
 
This material has been used since ancient times as an insulator and causes all sorts of problems. The material is often safe depending on the context it is used in. However, it’s always better to be safe than sorry and get it checked out. Asbestos was used for furnaces and boiler insulation and also for water pipes. If it needs to be removed a professional is required to do so.
 
Lead Paint
 
Another common problem from days of yore is the use of lead paint in homes, though is not harmful unless it is ingested. However, if you have small children around the home they tend to nibble on things such as work surfaces and this has been known to cause issues.  Exterior lead paint is also known to flake and end up becoming airborne and landing in vegetable patches, causing issues for plants and food stuffs.
 
If you are looking into purchasing an old home ensuring a good survey is done can help prevent any surprises or issues and ensure you home is perfect to live in.
 
Cormac Reynolds works for Sumo Services a UK company that provides underground survey and services all over the UK.
 
 For those folks who want to do certain repair jobs on their older home, there are all types of home safety PPEthat will be a good investment, such as gloves, goggles, and respirators.  In buildings with asbestos, one can never be too careful.
 
 

EMERGENCY SUPPLIES EVERY TRAVELER MUST HAVE (GUEST POST)

Sent to us by Joe Schembri

Road trips have become one of the favorite choices for family vacations. Hopping into a motorhome with your loved ones can save the cost of airfare and make the vacation much more affordable. An even bigger draw is the element of adventure that comes with taking to the open road. Families tend to plan out their itinerary, attractions to visit, places to eat, but most don’t plan for emergencies. It can be fun to take an unexpected detour, but make sure that any surprises that come up are pleasant ones.

Unfortunately, some surprising elements can end up ruining your road trip if you aren’t careful. If you and your family are driving at night, heading towards an RV park where you’ll camp for the night and your tire blows out, would you be ready for it? Preparation is the difference between a minor inconvenience and a major setback for your vacation. Here are some vital emergency supplies that you should be sure to gather before travelling.

Spare tire

Having a spare tire is not enough. Most people are sure not to drive without a spare tire, but not everyone checks to assure that the tire is in working order. What good is a spare tire if it is not in good condition? Before heading out on a road trip, make sure that your spare tires are in perfect condition.

Jack and Tire Iron

Having a working spare tire will do you no good without a jack and tire iron to help you change the tire. Make sure that the jack is working properly before you set out. As for the tire iron, a 4 way tire iron is the best choice. This tool can provide more leverage for difficult lug nuts, which is especially important if you are driving a rental car or RV.

Rain gear

There is nothing quite like rainstorms to make your bad luck feel even worse. If it starts raining when you are trying to change a tire, the experience will be much easier if you have the appropriate rain gear to keep you dry and improve visibility.

Fire extinguisher

A fire extinguisher is a vital safety tool for any traveler. Make sure that it is always accessible. If an emergency breaks out, you don’t want to have to dig out the extinguisher from below your luggage.

First aid kit

A first aid kit is an absolute must, no matter where you are travelling. Injuries can happen anywhere, so a well-stocked first aid kit can help treat minor wounds and even prevent an unplanned trip to the emergency room. Like the other supplies, check this kit before your departure and restock any missing supplies.

Jumper cables

A dead battery can put a damper on your travel plans and ruin your planned itineraries if you don’t have jumper cables handy. Why wait for roadside assistance when a quick battery jump can get you back to your fun plans?

Cat litter

Cat litter is a must for any cold weather road trip. If you’re driving in snow or ice this can help provide traction if you’re stuck. It can help you to get back on the road without having to call for help and wait for a tow truck.

Credit card and cash

It is important to make sure that you have access to money in case of an emergency. Have multiple forms of payment available just in case. Some places may not take credit cards, so have cash on hand as well. Your money is your last resort if your safety supplies don’t cover the scope of your emergency.

Being prepared before travelling allows you to have peace of mind. You don’t want to spend your vacation worrying about what might go wrong. Moreover, you don’t want an actual problem to occur and derail your fun. Safety supplies can assure that your trip is wonderful and full of only lovely surprises. 

This guest post was provided by Joe Schembri from Tampa, FL. Joe has traveled in everything from a small sedan to a Class C Motorhome and learned about some of these safety tips the hard way.