Monthly Archives: August 2015

We’re Having A Worldwide Heat Wave: How You Can Stay Safe

A few weeks ago, I read about a crisis occurring in Pakistan and India. In Pakistan, a week-long heatwave killed more than 1,200 people and in India, the heat killed close to 2,200. Tens of thousands more were treated at area hospitals for heatstroke. It appears that the combination of prolonged temperatures above 100 degrees combined with power outages had a devastating impact on people.

As I read the news while sitting in the comfort of my air conditioned home, I thought briefly about the fact that we are all so lucky that events such as this rarely happen in this country. We have the resources and the alternatives available if we lose power or if we don’t have air conditioning during a heat wave. The City regularly opens up cooling centers or keeps City pools open longer so that residents are able to combat some of the more severe heat of the day.  However, not all of us are lucky enough to work inside where it is cool or engage in work activity that is not strenuous. What about those who work outside, or do heavy labor without the benefit of air conditioning? How do they protect themselves from the extreme heat that may be a part of their everyday work?

I was surprised to find out that each year, hundreds of people die due to heat-related illnesses and thousands more become ill. Outdoor workers are particularly vulnerable to heat stress.  According to the U.S. Department of Labor Blog, thousands of employees become sick each year and many die from working in the heat. In 2012, there were 31 heat-related worker deaths and 4,120 heat-related worker illnesses. Labor-intensive activities in hot weather can raise body temperatures beyond the level that normally can be cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps, but can quickly escalate to heat stroke if precautions aren’t taken.

I am always surprised when I see firefighters on days with extreme heat fighting fires or see construction workers, road workers, or landscapers outside in the day-time heat engaged in strenuous physical. I often wonder how they are able to work without collapsing. The answer is that many of these workers become used to the extreme heat and are acclimated to it. Heat illness disproportionately affects those who have are not used to working in such extreme temperatures, such as new or temporary workers.

The Occupational Safety and Health Administration has a campaign to prevent heat illness in outdoor workers. It recommends providing workers with water, rest, and shade, and for them to wear light colored clothing and a hat if possible. OSHA advises that new workers or workers returning from vacation should be exposed to the heat gradually so their bodies have a chance to adapt. However, even the best precautions sometimes cannot prevent heat-related illness.   According to WebMD, signs of heat exhaustion include fatigue, headaches, excessive sweating, extreme thirst, and hot skin. If you have signs of heat exhaustion, get out of the heat, rest, and drink plenty of water. Severe heat illness can result in heat stroke. Symptoms of heat stroke include convulsions, confusion, shortness of breath, decreased sweating, and rapid heart rate, and can be fatal, so please be aware and seek immediate medical attention if you have any of these symptoms.      

For those who work outside in the boiling heat, heat illness can be prevented. However it can also kill so please be careful and remember – water, rest, and shade. 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.   

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A Day At The Amusement Park Can End In Catastrophic Injury

While at a party recently, a friend of mine was checking Facebook and relayed to us in a near panicked voice about an amusement park rollercoaster that fell off its track and killed 13 people. The group he was addressing had very mixed reactions. Some reacted with horror and shock, but others playfully advised him that they had seen this story before and it was actually a hoax. 

Thankfully that latter was correct and the story was in fact a cruel hoax. However, this served as a reminder that unfortunately not all visits to amusement parks end happily.  This is peak amusement park season as many camps are finished and summer vacation is still in full swing. I remember vividly going on class trips from Stella Maris High School to Great Adventure Amusement Park in New Jersey.  We were deposited at the park and directed to meet back at an appointed time. It was exciting as we were essentially left to our own devices. As we were all in high school, there were no age or height requirements put upon us, so no ride was off limits. We went on all the rollercoasters available to us at that time, all the thrill rides, and we were scared silly in the Haunted House.  All of the girls had a great time; we all returned to our assigned meeting place at the end of the day and were deposited safely back at the school parking lot. A year after I graduated from high school, a fire in the haunted house at Great Adventure killed eight teenagers. Even today, more than 30 years later, the memory of that tragedy still lingers. 

Most of the millions of visitors to amusement parks every year leave with fond memories. However, for some a day at the park ends with injury or worse, even death. Just a couple of weeks ago in London, four people were injured on a ride called the Smiler when it slammed into an empty car, and 16 people were left dangling for four hours. In 2013, a woman was killed in Texas when she was thrown out of her seat while on a rollercoaster. The causes of injuries or even death in amusement parks can include rides that malfunction, human error on the part of the operator or the participant, all of which may result in brain injuries, aneurysms, drowning, broken bones, or head, neck, and back injuries.

 

Currently there is no federal oversight of amusement parks. Regulation is left to the state and local governments. According to a  report in US News and World Report, some parks fail to turn in their safety reports that include affidavits in which inspectors attest they’ve performed the inspections required by law.  According to the International Association of Amusement Parks and Attractions (IAAPA), currently 44 of 50 states regulate amusement parks. Those that do not are Alabama, Mississippi, Nevada, South Dakota, Wyoming and Utah, and according to the website, these states have few if any parks.

Since federal safety officials are not allowed to address safety on rides, the state must bear the full burden of oversight that includes data collection, technical investigation of the accidents, and negotiating mitigation of manufacturing defects. It is debatable as to whether or not state or local agencies are putting the proper resources into these programs. Amusement parks can be a lot of fun but when it comes to putting your trust in the park, you should know the risks. Follow the safety regulations put up at the parks, know your limits, and have a great time! 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.   

Prior results do not guarantee outcomes.
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