Tag Archives: injuries

IT’S NATIONAL DROWSY DRIVER PREVENTION WEEK, SO WAKE UP!

Drowsy Driving Prevention Week®, November 12 through 18th, is a National Sleep Foundation public awareness campaign to educate drivers about sleep safety.  The AAA Foundation for Traffic Safety released a study showing that the tragedy of drowsy driving is more pervasive than shown in previous estimates. Their study shows that drowsy driving involves:

  •          About one in six deadly crashes;
  •          One in eight crashes resulting in occupant hospitalization,
  •          One in fourteen crashes in which a vehicle was towed.
  •          These percentages are substantially higher than most previous estimates, suggesting that the contribution of drowsy driving to motor vehicle crashes, injuries, and deaths has not been fully appreciated.

The National Highway Traffic Safety Administration estimates that drowsy driving results in 1,550 deaths, 71,000 injuries and more than 100,000 accidents each year. The AAA Foundation for Traffic Safety analysis of the accidents resulting from drivers falling asleep behind the wheels is cause for alarm and concern. According to the study, younger drivers age 16-24 were nearly twice as likely to be involved in a drowsy driving crash as drivers age 40-59, and about 57 percent of drowsy driving crashes involved the driver drifting into other lanes or even off the road.

The study also found that –

  • Vehicles in which the driver was accompanied by a passenger were nearly 50 percent less likely to be involved in a drowsy driving related crash.
  • More than half (55%) of those drivers who reported having fallen asleep while driving in the past year said that it occurred on a high-speed divided highway.
  • More than half (59%) of those drivers who reported having fallen asleep while driving in the past year said they had been driving for less than an hour before falling asleep; only one in five reported they had been driving for three hours or longer.
  • More than one in four drivers (26%) who reported having fallen asleep while driving in the past year reported that it had occurred between noon and 5 p.m.
  • Men (52%) were much more likely than women (30%) to report having ever fallen asleep while driving; men (14%) were also more likely than women (8%) to admit having done so in the past year.
  • Drivers age 24 and younger were most likely to report having fallen asleep in the past year, but they were least likely to report having ever fallen asleep. This is consistent with other studies that have found younger drivers to have a higher risk of falling asleep at the wheel.

According to the Foundation’s 2009 Sleep in America poll, about one-third (28%) of Americans admitted that they have fallen asleep behind the wheel within the past year, and more than half (54%) said they have driven while drowsy. The following warning signs indicate that it’s time to stop driving and find a safe place to pull over and address your condition:

  • Difficulty focusing, frequent blinking and/or heavy eyelids
  • Difficulty keeping daydreams at bay
  • Trouble keeping your head up
  • Drifting from your lane, swerving, tailgating and/or hitting rumble strips
  • Inability to clearly remember the last few miles driven
  • Missing exits or traffic signs
  • Yawning repeatedly
  • Feeling restless, irritable, or aggressive.

Sleepiness can impair drivers by causing slower reaction times, vision impairment, slips in judgment and delays in processing information. In fact, studies show that being awake for more than 20 hours results in an impairment equal to a blood alcohol concentration of 0.08%, the legal limit in all states. It is also possible to fall into a 3-4 second microsleep without realizing it.  Here’s how to prevent a fall-asleep crash:

  • Get a good night’s sleep before you hit the road. You’ll want to be alert for the drive, so be sure to get adequate sleep (seven to nine hours) the night before you go.
  • Don’t be too rushed to arrive at your destination. Many drivers try to maximize the holiday weekend by driving at night or without stopping for breaks.
  • It’s better to allow the time to drive alert and arrive alive.
  • Use the buddy system. Just as you should not swim alone, avoid driving alone for long distances. A buddy who remains awake for the journey can take a turn behind the wheel and help identify the warning signs of fatigue.
  • Take a break every 100 miles or 2 hours. Do something to refresh yourself like getting a snack, switching drivers, or going for a run.
  • Take a nap—find a safe place to take a 15 to 20-minute nap, if you think you might fall asleep. Be cautious about excessive drowsiness after waking up.
  • Avoid alcohol and medications that cause drowsiness as a side-effect.
  • Avoid driving at times when you would normally be asleep.
  • Consume caffeine. The equivalent of two cups of coffee can increase alertness for several hours.

Here’s another unsettling fact: National Sleep Foundation’s 2012 Sleep in America Poll Finds sleepy pilots, train operators as well as bus, taxi, and limo drivers.  The people we trust to take us or our loved ones from place to place struggle with sleep, according to the National Sleep Foundation’s (NSF) 2012 Sleep in America® poll.  It is the first poll to ask transportation professionals, including pilots, train operators, truck, bus, taxi and limo drivers about their sleep habits and work performance. Pilots and train operators are most likely to report sleep-related job performance and safety problems. 

So, people, let’s get those zzzzz’s, rest and recoup before you take to the roads, rails, or sky!

 

 

Source: National Sleep Foundation

 

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

 

 

FIVE REASONS WHY SAFETY MATTERS ON A CONSTRUCTION SITE (GUEST POST)

By Matt Hornsby
 
Health and safety is very important in all industries, but there are some types of businesses which must take extra care to make safety a priority. One of these is construction.
 
Here are SafetyShop’s top five of the most pressing reasons why construction business owners need to take health and safety seriously. In fact, some of these reasons show you what can happen if you indon’t make safety a priority within your business.
 
1. A worker or visitor could be injured
 
This is the most important reason to invest in health and safety equipment and training on
construction sites – because people could be injured or even die as a result of a construction
accident. As an employer, you have a responsibility to look after the welfare of all your
workers.
 
2. The construction industry is the most dangerous to work in
 
Last year, a Health and Safety Executive (HSE) report revealed that there were 50 fatal
injuries to construction workers and 36,000 cases of work-related ill health within the
industry. Construction business owners need to develop health and safety policies and
implement measures to tackle the unique challenges faced within the industry, to try to
reduce worker injuries and deaths.
 
3. Working days are lost because of health and safety failings
 
The HSE report from 2010/11 also revealed that around 2.3 million working days were lost
as a result of workplace injury. This is costing the construction industry a lot of money, as
well as hampering progress.
 
4. Businesses can be fined, sued or banned from operating
 
If the HSE finds that unsafe working practices are being carried out on your construction
site, it can issue fines and prohibition notices and it can even prosecute. Similarly, workers
who are injured can file compensation lawsuits against you, which also hurts the business
financially.
 
5. Projects can be compromised
 
If a serious accident takes place on your site, this could halt progress on the project,
angering the client and potentially losing the business the contract.
 
Thank you, Matt, for pointing out the importance of safety on construction sites.  Businesses should provide the correct personal protective equipment for their workers, and have extra construction hardhats for visitors to wear while on site.  Pat
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

A QUICK REVIEW OF SAFE CO-SLEEPING (Guest Post)

In the United States co-sleeping with your infant is an extremely controversial topic.  The American Academy of Pediatrics (or AAP) advices against bed-sharing and instead advocates for room-sharing. The Consumer Product Safety Commission agrees with the AAP and advises parents to not place their babies in adult beds. While there are definitely benefits to sharing a bed with your baby, in Western culture the risks seem to outweigh the benefits, which are as follows:

  • Easy and convenient breastfeeding
  • Sleep synchronization for mother and baby
  • Increased bonding
  • Baby can smell, hear, and feel their mother which may promote safer sleep via “protective arousal
  • Increase in nighttime sleep for both mother and baby.

The risks of bed-sharing include:

  • Suffocation
  • Entrapment
  • Strangulation
  • Rolling over onto baby
  • Knocking baby off of the bed
  • Increased risk of SIDS, in some cases.

Soft adult mattresses, loose bedding, bed frames, headboards, footboards, and positioning the bed close to walls may contribute to the risk of a baby being harmed or killed during bed-sharing.  In other cultures, where injuries and deaths related to bed-sharing are comparatively less, the cultural practices for bed-sharing are different. For example, in other cultures the mattresses may be firm and placed directly on the floor.

Infants who bed-share with siblings or with parents who are under the influence of drugs or alcohol and infants with parents who smoke could be at a greater risk for injury or death while co-sleeping.

The term co-sleeping and bed-sharing are often used interchangeably, but they have two separate meanings.   Dr. Sears offers clarification to the different terms. The term co-sleeping refers to sleeping close enough to the baby for easy comforting, while the term bed-sharing refers to mother and baby sleeping side by side in an adult bed.

Placing your baby in a safe, separate, and close sleep space offers the benefits as co-sleeping without the added risks associated with bed-sharing. In fact, the Arm’s Reach Co-sleeper Bassinet, recommended by co-sleeping advocate and pediatrician Dr. Sears, attaches to a parents bed and keeps the mother and baby close to each other while still providing the baby with a separate sleep space on a firm mattress, away from the parent’s bedding, headboard, and footboard, which can all contribute to suffocation, strangulation, entrapment, or even SIDS.

For parents who opt to bed-share, despise the warnings, they should:

  • Always put their baby to sleep on her back
  • Always ensure their baby’s head is not covered
  • Make sure that their headboard or footboard doesn’t have cutouts that could trap their baby
  • Not leave their baby alone in the bed
  • Ensure  that their bed is away from walls, which could trap their baby should he fall
  • Ensure their bed is away from blind cords and drapes to prevent strangulation.
  • Be sure that there are no crevices between the headboard and mattress, which could lead to entrapment.
  • Not use pillows, comforters or other fluffy, loose bedding

For parents who choose to co-sleep, they should:

  • Always put their baby to sleep on her back
  • Use a wearable sleep blanket, rather than loose bedding
  • Place nothing else in the bassinet or crib
  • Position the bassinet or crib away from blind cords and drapes
  • Be sure the mattress fits snugly into the bassinet  or crib
  • Be sure the bassinet or crib sheet fits snugly and securely.

So, is co-sleeping safe?

Yes. The safest place for a baby to sleep is in a safe and separate sleep space, in the parents’ room, within arm’s reach away from his mother.

Sent to us by Sara Dawkins. pb

 

ROAD ACCIDENT: INJURY COMPENSATION FOR CYCLISTS (GUEST POST)

Road accident: Injury compensation for cyclists

Cycling in the city: Good for the environment, good for your fitness, and sometimes a great way to beat the congestion in the morning rush hour. Nevertheless, city cycling can be hazardous and cyclists are particularly vulnerable sharing the road with much larger more powerful vehicles.

Thousands of cyclists are injured on the roads of the UK every year, sometimes fatally, and often through no fault of their own. Carefully following the rules of the road, and wearing appropriate safety gear and lighting should always be a priority if you are a cyclist, however accidents can still happen as a result of negligence on the part of other road users. If you are involved in a collision with another vehicle and it wasn’t your fault then you may be eligible to make a personal injury claim to compensate you for your injury and any financial losses that you incur.

If you are suffer a collision with a vehicle and you find yourself well enough to do so, you or someone acting on your behalf should exchange details with the other party, and note down as much information as possible regarding the nature of the collision. Photographic evidence can be particularly useful in establishing who was liable for the collision. If you are not well enough to take the details of the other person involved in the collision the police will usually do this for you.

If your claim is successful the amount of compensation that you receive for your injury will depend on a range of factors including the severity of the injury and the level of impact that it has had on your life as well as any financial losses that resulted from your accident.

The sooner you are able to begin the process of making a claim, the more successful it is likely to be. Making a compensation claim doesn’t have to be difficult or complex. If you’re wondering how to make a personal injury claim a specialist personal injury solicitor can help assess whether you are eligible, and proceed to guide you through the entire process, from obtaining the appropriate medical examinations to providing comprehensive legal advice.

A combination of the widespread introduction of inner city cycle lanes and increasingly congested roads across the UK have perhaps contributed to the rising popularity of pedal cycling. In spite of greater awareness on the part of motorists, the cyclist remains a very vulnerable road user. Protecting yourself should be paramount, but no matter what you do accidents may sometimes happen. If you sustain an injury through no fault of your own, making a personal injury claim can help you get the compensation that you deserve. 

This post was written by John Hughes

P.S. If I may add to this informative article, in addition to wearing all the safety gear that protects from injuries, certain high-visibility stickers placed on the bicycle or helmet may help prevent an accident, as well.

TEN MOST COMMON OCCUPATIONAL ILLNESSES IN THE U.S. (Guest Post)

 

Today’s guest author is Carol Brown, who has sent some very interesting facts and figures regarding work-related illnesses.

Accidents happen anywhere, anytime, even when proper safety and training steps are taken. Every year, thousands of workers file claims after something within the system hiccups and compromises their overall well-being, or quite simply, because the demands of the positions themselves begin wearing down the body with continuous physical stress. Injuries, which the government lumps in with illnesses, run the most rampant in the offices, warehouses, roads, and other workplaces across the United States.

For consistency’s sake, all numbers have been culled from the Bureau of Labor Statistic’s 2010 study of nonfatal occupational illnesses requiring days away from work.

  1. Sprains, Strains, and Tears:

In 2010, 46.9 out of 10,000 workplace-related injuries and illnesses came in the form of what the Bureau of Labor Statistics labels “sprains, strains, and tears.” Forty-three percent of these incidents occurred because of workers overexerting themselves, with 36% impacting the back. Yet such injuries to the shoulders actually required more time away from work than any other body part, with an average of 21 days. Back sprains, strains, and tears have actually declined in the previous years and at a rate faster than any other body part, no less.

  1. Musculoskeletal Disorders:

The BLS lumps all musculoskeletal injuries and illnesses into one statistic, and they make up 34.3 out of 10,000 on-the-job incidents. Most complaints involve the back, but rotator cuff disorders, carpal tunnel, and other nonspecified pains are also extremely common. All of them have experienced an increase over time, especially amongst those working as orderlies, nurses, and attendants.

  1. Overexertion:

Twenty-seven out of 10,000 total workplace injuries and illnesses occurred because of overexertion, marking an increase of 3% from previous years. Social assistance and healthcare positions in the private sector experienced far more strain-related conditions, at a staggering rate of 48 per 10,000 employees. Overexertion in lifting comprised 13.2 of the 27 reported cases, and the aforementioned “sprains, strains, and tears” stood as the most likely result of pushing the body beyond its limitations.

  1. General Soreness and Pain:

Overall body pain, including the back, accounted for 13.3 out of 10,000 reported on-the-job injuries and illnesses, and 11% required recovery at home or a convalescence center. Labor jobs unsurprisingly stood as the riskiest when it comes to suffering the symptoms, particularly among workers in transportation and warehousing. Twenty-eight out of 10,000 of such employees reported severe soreness and pain, with a median of 17 days away from the job to properly recover.

  1. Bruises and Contusions:

The BLS reports that 9.9 out of every 10,000 workplace injuries involved contusions and bruises, and a total median of four days away from work to heal. Numbers also reveal that 2.2 out of 10,000 incidents of multiple injuries also involve bruising as well as sprains. Once again, transportation and warehouse workers experienced the highest rate of suffering the conditions, with 20.2 out of 10,000.

  1. Cuts, Lacerations, and Punctures:

Twenty-nine percent of the 9.1 of 10,000 cut, laceration, and puncture reports involved some sort of incident regarding work-related equipment, with fingernails and fingers the most vulnerable body bits, accounting for 26%. At 1.1 of 10,000 Punctures stand as far less common than cuts and lacerations, which the BLS lumps together. Employees in the refuse and recyclable material collection industry suffered these injuries significantly more than their counterparts elsewhere, with a staggering 185.9 out of 10,000 reporting slices and dices.

  1. Fractures:

Fractures accounted for 8.5 out of 10,000 reported workplace injuries and illnesses, and employees diagnosed with the condition needed a recuperation period of 28 days away from the job. The hunting industry claims 21.1 of the 2010 numbers, making it the most at-risk demographic, followed by mining (17.9) and construction (17.7). As a part of the BLS’ statistics regarding multiple sustained injuries and illnesses, it only afflicts .9 out of 10,000.

  1. Multiple Injuries and Disorders:

Workers who experienced more than one diagnosis concurrently form an entire grouping according to the BLS, who cited 5.7 instances out of every 10,000 in 2010. Hunting again exists as the most vulnerable career path to sustaining multiple traumatic injuries and illnesses, at a rate of 11.3 out of 10,000, and, as seen previously, instances involving strains and bruises are more common than those with fractures and burns. However, law enforcement officials were the most likely (33.3 out of 10,000) to require time away from work in order to recuperate.

  1. Back Pain:

Four out of 10,000 workplace injuries and illnesses specifically involved some form of back pain, whether alone or in conjunction with some other body part. Owing to the nature of their positions, both intercity and transit bus drivers suffer the most, in both categories — 96.1 out of 10,000 for combined pain and 44 out of 10,000 for just the back. In total, though, cases hailing from all professions only needed about eight days outside of work for a recovery to take place.

  1. Heat Burns and Scalds:

Food service employees, at a rate of 8.5 for every 10,000 workers, suffer from scalds and heat burns more than their counterparts in any other industry. Across the board, though, these injuries still sported a rate of 1.6 out of 10,000 reported cases of occupational incidents. On average, burns and scalds required a median of eight days to properly heal enough for patients to safely return to work.

Thanks, Carol, for sending these facts and figures about work-related injuries.  There are many types of personal protective equipment that help prevent injuries and protect our bodies from the hazards related to fit each particular job.  Please check out Texas America Safety Company for more information. pb

 

(http://www.onlinecollege.org/2012/07/03/10-most-common-occupational-illnesses-u-s/).

 

ARE TRAMPOLINES A SAFE ACTIVITY FOR CHILDREN? (GUEST POST)

Are trampolines really a safe activity for children? (By Jonathan Rosenfeld)

When used responsibly, trampolines can provide a lot of entertainment but the rate of injury among minors is staggering. In a study performed in the early 2000s, over 82% of trampoline injuries involved children under the age of 18, signaling the need to evaluate what measures we take to prevent a trampoline injury. Trampoline  injury rates may be on the decline when they are used under proper supervision, but there is still a significant risk of injury that is most prevalent for children near the age of 10.

The areas usually affected by trampoline injury are:

  • The legs, ankles or feet
  • Arms, wrists or hands
  • Knees
  • Head
  • Spine

More injuries to the lower body occur on trampolines than anywhere else on the body, with a reported 42% of injuries occurring on the lower body as opposed to the chest, arms, head or neck. The severity of injury that each person in the study suffered was alarming as well. 83% of the injuries reported involved some form of fracture which required emergency care.

About 14% of injuries on trampolines involve lacerations that require medical attention. These injuries usually occur when a person lands on his or her head. Knee and elbow scrapes are common if the trampoline is used improperly, but do not pose as great a threat as injuries to the face or neck. The severity of lacerations that occur as a result of trampoline injuries varies greatly depending on how the injury was sustained. Most of these injuries involve some form of stunt or jumping on a trampoline with another person.

The risk of spinal cord injury on trampoline related activities is over 8% on full sized trampolines compared to less than 3% on mini trampolines. Trampoline parks in the Chicago have recently become a popular recreational activity for children of all ages.  While the ‘parks’ have reported fewer injuries than anticipated, the biggest factor for their improved safety record is that  these facilities require children to use the trampoline independently as opposed to in a group. This simple— yet very effective safety measure– should be taken into consideration when allowing your children to play in a trampoline in a backyard setting in order to reduce the risk of serious injury.

In order to effectively reduce spinal cord injury on trampolines, children should be prohibited from attempting stunts such as flips and back flips. Many injuries occur as the direct result of a stunt gone badly as well as by sharing the trampoline with another person. In general, adults exercise more personal caution and therefore, suffer less injury. More supervision and awareness will help reduce the number of accidents that occur that involve children.

Hopefully the safety measures implemented at trampoline parks in the Chicagoland will serve as a reminder that both homeowners and facilities must be vigilant when it comes to trampoline safety.  The safety measures really do work! When the trampoline park opened in Carol Stream, IL there were over three ambulance calls each month due to a trampoline park injury. When it was announced that another park was to be opened in a nearby suburb residents were extremely concerned due to the high rate of injury that was reported from the sister facility. However, by implementing new rules such as only allowing one person on a trampoline at a time, injury rates fell dramatically in both locations.

Even though incident rates have gone down substantially, you must exercise care when allowing your children to play in a trampoline park and in home-based settings. Prevent trampoline accidents by telling your children ahead of time what to avoid and be sure to follow all of the rules for the trampoline before they get on the platform. Further, while it is true that safety measures can reduce the rate of trampolines injuries on trampolines, parents can never let their guard down when the risk of serious injury is present.

About Jonathan Rosenfeld

Jonathan Rosenfeld is the founder of Rosenfeld Injury Lawyers, and has a law practice devoted to representing children and adults who have been harmed due to the negligence of others. 

Rosenfeld Injury Lawyers
33 North Dearborn Street, #1930
Chicago, IL 60602
(888) 424-5757

Our thanks to Jonathan for this insight into the do’s and don’ts of playing on trampolines.  It’s best to not get too fancy with stunts until there’s someone who can give instructions on the proper methods.  Play it safe, and have fun. pb

DANGERS OF NURSING HOMES – RESEARCH ALL FACILITIES BEFORE ENTRUSTING A STRANGER WITH YOUR PARENT

GUEST BLOG – JOHN BISNAR, ATTORNEY

As our parents and grandparents age, we want to find the very best care possible for them.  With most people facing the dilemma of balancing work and elder care, it is impossible to do what we might really like to do:  keep our parents at home.  If one or both parents suffer from debilitating illnesses that require round-the-clock care, few people can afford to provide that care in the privacy of a personal residence.  Instead, more and more people turn to managed elder care in the form of retirement communities and nursing homes to provide the day-to-day care our senior family members need.

However, it is frightening to consider the statistics of nursing home injuries and deaths.  Over 30 percent of all nursing homes have experienced some form of abuse of the residence by staff members or other residents.  Only about 20 percent of abuse cases are ever reported.  This means that many instances of abuse or neglect are occurring every day in nursing homes across the country, and that family members and governing authorities are unaware of the majority of these incidents.  In those cases, an attorney should be contacted.

If you or someone you love has been the victim of poor treatment, neglect, or abuse at the hands of staff or residents of a nursing home or elder care facility, you do not have to remain silent.  An Orange County nursing home lawyer will be happy to talk with you about your case and determine the best course of action to stop, prevent, or recover damages due to the abuse.

Nursing home abuses range from minor inconveniences, such as forcing a resident to wait excessive periods for food or service, to major and deadly actions such as beating or withholding needed medication.  More than fifty percent of nursing home patients do not have close family members who visit regularly, so these seniors are often the target of severe abuse and neglect on the part of careless or unkind staff members.  Many of the staff employed by nursing homes are also severely overworked, with one nurse responsible for up to thirty patients.  Under these conditions, it is very easy for abuse or neglect to take place, and highly unlikely it will be reported.

What can you do to prevent your elderly loved ones from experiencing nursing home abuse and neglect?  First, stay visible.  It is important to visit on a regular, but not predictable, basis and observe carefully the conditions under which your loved one is kept.  Next, talk to your relative about his or her treatment in the nursing home.  Do not automatically discount any stories of bad treatment, but make assertive inquiries with the staff.  Often, knowing that someone is watching and interested is enough to deter any bad staff behavior.  Finally, if you know that someone you love has been mistreated in a nursing home, or if you yourself are the victim of nursing home abuse, contact an Orange County nursing home attorney immediately for a consultation.

Our thanks to John Bisnar, of the Law Firm of Bisnar & Chase.   Every elderly person deserves the attention and care that they would receive if they were able to safely live in their own home.  Many nursing homes and private care homes offer that type of service; however, too many of our little citizens fall into the category of questionable care.  As John mentioned above, one of the best ways to ensure their safety is to pop in as often as you can, and never at a regular time.  A visit to a family member or friend means so much to the residents that we all should do a better job of checking on them, and let them know we care.  I want to add one thing: if you suspect any abuse or other problem, go to the administration and speak up.   My concern is especially for the ones that have no one to stand up for them.  In that case, an Ombudsman or other representative should contact a local attorney.  Our parents took care of us; it’s our turn to see that they are taken care of.  This article is very important to anyone who is facing the decision of relocating their parents or grandparents or a loved one.

TEN TIPS TO CONSIDER WHEN USING THOSE NEW POWER TOOLS!

We’re betting that there are quite a few of “Do It Yourself’ers,” “Weekend Warriors,” or others who are hoping that Santa brings them some power tools this year.  You may be someone who wants to try a new hobby or save money by repairing broken things around the house without calling a professional.  We want to share ten things that you should pay attention to in order to possibly avoid an emergency room visit. 

  1. Know what you are doing, or don’t do it!  Practice makes perfect.  Even if you know what you are doing, taking a class ahead of time could pay big dividends.  Power tools are hazardous when improperly used.  You should be trained in using all tools, not just power tools.  Know the potential hazards as well as the safety precautions to prevent the hazards from happening.

      2.  Plan ahead.  Visualize the project and think of anything that might be dangerous about it.  For example, if you’re going to cut something, practice saw safety.  Experts will tell you to ask questions and fine-tune your level of concentration when using power tools, and choose your projects based on knowledge, time, cost, and risk.  Tools are not your friends.  You must get to know how to use them, put the blades in correctly, clean and care for them and operate them correctly.  Otherwise, they can stick, stab, cut, or kill you.

      3.  Dress for success.  If you wear the proper safety gear for the intended project, you can decrease the risk for injury.  Cover up.  These should be included in your safety gear:

  • Safety glasses – They come in all shapes and sizes, including sun protection, and keep mists, paints, and dust out of your eyes.
  • Earplugs and muffs – These protect you from hearing loss.
  • Respirators – When using toxic or caustic chemicals or cutting fluids, a respirator will reduce the risk of injury or death from airborne hazards.
  • Kneepads – If you are kneeling on hard surfaces, you can’t do without these!
  • Gloves and shoes – Cover your hands and feet to decrease injury due to everything from chemical exposure to sharp objects.
  • Coveralls – Coveralls keep clothing from getting caught in machines and are flame-retardant.  If you spill something on your clothing, you are going to take it into your home and car.  Cotton and denim are good choices if you do not have coveralls. 

       4.  Never wear loose clothing or jewelry that can get caught in the tool.

        5.  Know about electricity.  Use an electrical tester to ensure that your power is off at the circuit for minor repairs.  Unless you are an electrician or an electrical engineer, you shouldn’t try to do electrical wiring.

       6.  Have your “work space” neat and clean.  It’s the same as for those who work in manufacturing:  clutter and debris can cause slips, trips, falls, and falling objects.  Floors should be kept as clean and dry as possible to prevent accidental falls around dangerous hand and power tools.

       7.  Keep family and observers at a safe distance while you are working.

       8.  Tools should be maintained with care – kept sharp and clean in order to perform well.  Follow instructions in the users manual for lubricating and changing accessories.

      9.  If portable electric tools are damaged, they should not be used until repaired.

     10.  Be sure to keep good footing and maintain good balance. 

We hope these tips will come in handy when you open those tools Santa left.  Use them with care, and you will be surprised at all the things you can do.  Just read the instructions first and exercise caution.  Safety counts!

MERCHANTS! GET READY FOR BLACK FRIDAY – PART I

In the United States, Pre-Black Friday sales have already started, and retailers look forward to the day after Thanksgiving for one of their biggest days of sales through the entire year.  But for those employees who work for one of these big companies, OSHA is encouraging major retail employers to take precautions to prevent worker injuries.  It’s hard to believe that people can get worked up into such a frenzy to save money, but it happens.  In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-thanksgiving Day Black Friday sales event. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for keeping their workers safe and healthy in their workplace.  OSHA encourages employers to adopt effective safety and health management systems to identify and eliminate work-related hazards, including those caused by large crowds at these types of sales proceedings. 

Crowd control is critical to preventing injuries and deaths.  There must be a crowd management plan.  The following fact sheet from OSHA gives retailers  guidelines for avoiding injuries during the holiday season.  Businesses should have trained security personnel or police officers on-site, set up barricades or rope lines for pedestrians well ahead of customers arriving at the store.  The customers’ line should not begin at the very front of the store entrance, emergency procedures should be ready to address potential dangers, and having security personnel or customer service representatives explain approach and entrance procedures to the arriving public is very important.

(Sounds like we’re getting ready for war!)  Here are some of the guidelines from OSHA, which include planning, pre-event set-up and during the sales event.  Major department stores should have already gone over these or other procedures, but if not, this is a great time to get started.  We begin with Part I:

Planning 

  • Have trained security or crowd management personnel or police officers on site where large crowds are expected.
  • Have a designated location for each worker.  Determine the number of workers needed in various locations to ensure the safety of the event – both near the entrance and throughout the store.
  • Be sure that workers are properly trained to manage the event.
  • Fire and police agencies should be contacted to ensure that the site meets all public safety requirements, and that all permits and licenses are obtained.  Also, that local emergency services in addition to the previously named ones are aware of this event.
  • Have a designated worker to contact local emergency responders if necessary.
  • Legible and visible signs should be posted that describe entrances, opening times, and other important information such as the location of the major sale items.
  • Prepare an emergency plan that addresses potential dangers facing workers, including overcrowding, crowd crushing, being struck by the crowd, violent acts, and fire.  Share emergency plan with all local public safety agencies.
  • Workers should be trained in crowd management procedures and the emergency plan.  Provide them with an opportunity to practice the special event plan.  Include local public safety agencies, if appropriate.

We’ll continue with Part II tomorrow: Pre-Event Setup, During Sales Event, and What to do in Emergency Situations.  If more businesses would use these methods, there will be fewer injuries to their employees.

Source: OSHA