Category Archives: Workplace Safety

Holding Individuals Accountable For Workplace Safety Violations

Today’s post comes from guest author Leila A. Early from The Jernigan Law Firm.

British Petroleum (BP) supervisors Donald J. Vidrine and Robert Kaluza were indicted on manslaughter charges in the deaths of 11 fellow workers in connection with the 2009 Deepwater Horizon explosion in the Gulf of Mexico. David Rainey, a BP deepwater explorer, was charged with obstruction of Congress and lying about the size of the spill. These indictments were in addition to a record $4.5 billion in criminal fines that BP agreed to pay for the disaster, which will be paid out over 5 years.

 Mr. Vidrine and Mr. Kaluza were negligent in their supervision of key safety tests performed on the drilling rig, and they failed to phone engineers on shore to alert them of problems in the drilling operation. These charges carry maximum penalties of 10 years in prison on each “seaman’s manslaughter” count, 8 years in prison on each involuntary manslaughter count and a year in prison on a Clean Water Act count. Mr. Rainey obstructed Congressional inquiries and made false statements by underestimating the flow rate to 5,000 barrels a day even as millions were gushing into the Gulf. He faces a maximum of 10 years in prison.

 By charging individuals, the government was signaling a return to the practice of prosecuting officers and managers, and not just their companies, in industrial accidents where reckless and wanton conduct is involved. The practice of charging individuals was more prevalent in the 1980s and 1990s but has recently been a rare occurrence, with company fines being the only penalty sought. Some wonder if the $4.5 billion criminal settlement is enough to penalize a corporation after 11 people were killed, and that if a culture of  disregard for safety exits in a corporation that is “too big to fail” then the only way to stop that culture is to send those who knew about it to jail. We shall see. 

 

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Workplace Violence and Sandy Hook Elementary School

Today’s post comes from guest author Kristina Brown Thompson from The Jernigan Law Firm.

In light of the horrific elementary school shootings in Newtown, Connecticut last week it may be time to re-evaluate workplace violence, which seems to be increasing at an alarming rate. Technically, workplace violence is any act where an employee is abused, threatened, intimidated, or assaulted in the workplace. It can include threats, harassment, and verbal abuse, as well as physical attacks by someone with an assault rifle. 

Two million American workers are victims of workplace violence every year. What’s worse is that workplace violence is one of the leading causes of job-related deaths in the United States. Last year, for example, one in every five fatal work injuries was attributed not to accidents but to workplace violence,  and  some employees are at an increased risk for harm. For example, employees who work with the public or who handle money are more at risk (i.e. bank tellers, pizza delivery drivers, or social workers). According to the 2011 Census of Fatal Occupational Injuries by the U.S. Dept. of Labor, robbers were found to be the assailants in almost a third of homicide/workplace violence cases involving men, whereas female workers were more likely to be attacked by a relative (i.e. former spouse or partner) while at work.  

Preventing workplace violence is a challenging task and OSHA advises employers to create a Workplace Violence Prevention Program. Creating a safe perimeter for employees is crucial. Likewise, having an emergency protocol in place should reduce the number of fatalities in an attack, and that’s exactly what happened at the Sandy Hook Elementary School in Connecticut when the school’s protocol saved the lives of many children.

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Bangladesh Garment Factory Fire: Another Triangle Shirtwaist Fire?

A garment fire in Bangladesh killed 112 workers last week

Today’s post comes to us from our colleague Tom Domer of Wisconsin.

A garment fire in Bangladesh killed 112 workers last week, harkening back to the tragic Triangle Shirtwaist fire 100 years ago on March 24, 1911, which claimed the lives of 146 young men and women, mostly immigrant garment workers. The Triangle fire galvanized a broad spectrum of reformers and reforms, one of which was worker’s compensation. In the aftermath of the Triangle fire, many states adopted worker’s compensation laws. (Wisconsin’s was the very first constitutional law in 1911.) Other reforms included workplace safety regulations, child labor laws, and enhanced fire inspections, among others.

There is a growing effort by worker groups to demand safety reforms in Bangladesh where factory fires have killed hundreds of workers in recent years.

An additional tragedy in the Bangladesh fire, whose products are sold here in America Mart, was the revelation that managers may have lowered gates to prevent employees from leaving because they thought it was a false alarm. There is a growing effort by worker groups to demand safety reforms in Bangladesh where factory fires have killed hundreds of workers in recent years. Photos taken by workers showed labels for Wal-Mart’s private label Faded Glory in the remains, along with clothing for a number of other United States labels including work wear brand Dickies.  

The analogies to the Triangle Shirtwaist fire are striking. In that fire, people on the 10th floor, mostly in administrative offices, were able to escape to the roof of an adjoining building. Workers on the 8th floor fled using the stairs, the fire escape and elevators. However, Continue reading →

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Safety Tips for Workers Preparing For Hurricane Sandy

We urge everyone in the path of Hurricane Sandy to make safety their number one priority.

The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy (“frankenstorm”) as it has the potential to become an historic storm as it moves up the Eastern seaboard and will merge  and embed with a developing
classic Northeastern rain and wind storm. Over 50 Million people will be impacted. A State of Emergency has now been declared in NJ, NY and MD.
 
A wide spread power loss has been predicted. NJ  has issued an immediate warning concerning power generator safety and back-feeding of electric current through the use of generators. At a press conference Governor Christie warned the residents of NJ to be cautious  and observe safety measures. He said “If it looks stupid, the it is stupid,” and don’t do it. Additionally, a High Wind Warnings have been issuedfor Northeastern NJ, NY and CT.
 
While the State will be settling down to another historic first on Saturday, when undefeated Rutgers plays Kent State in Piscataway, NJ, the preparations will go forward to adequately prepare for the weather related storm, Sandy.
 
Mayor Bloomberg held a press conference late Friday afternoon explaining what precautions the government was taking and what safety measures needed to be followed to protect life and property. He said, “….whenever we’re faced with a tough situation, history shows New Yorkers always show courage, compassion, and presence of mind. We did that 14 months ago, during Hurricane Irene, and I’m completely confident we will do that again now.”
 
Home Depot stores in NJ have run out of batteris (C-D cells) and local food store are experiencing a run on bread, water and canner goods as the preparation pace continues.

Workers’ Compensation insurance provides benefits if an employee is injured because of because of a hurricane. Preparing for a hurricane is important, and that should include reporting work related injuries to your employer and/or insurance company.

While NIOSH has alerted all of us to the dangers of a hurricane, “….Storm and flood cleanup activities can be hazardous. Workers and volunteers involved with flood cleanup should be aware of the potential dangers involved, and the proper safety precautions. Work-related hazards that could be encountered include: electrical hazards, Carbon Monoxide, musculoskeletal hazards, heat stress, motor vehicles, hazardous materials, fire, confined spaces and falls.”

Should a worker suffer any injuries then they should seek medical care at once, and report the incident to their employer. Prepare ahead and take your employer’s contact information and workers’ compensation insurance information with you so you are prepared to provide to authorities and your employer the facts to process your claim without delay.

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