The workplace accident occurred during the morning shift in the refinery's gas recovery unit. Reports indicate that the fire was a flash incident and did not continue burning for a long period of time. State occupational health authorities were dispatched to the site on May 8, and an investigation is pending in the incident. Neither government officials nor company representatives have issued official statements about the accident, and projections estimate that the fire will be under investigation for months prior to the release of a formal report.
]]> The fire is just the latest in a string of safety and health violations that have plagued the facility during the past several years. The refinery previously was forced to evacuate its entire staff in January 2011, primarily because of a malfunctioning dust-collecting device that was catching fire. No one was injured in that incident. Fires during September 2011 also caused concern at the refinery, causing the oil processing unit to shut down. Again, no one was hurt.The company was forced to pay upwards of $5 million in response to EPA citations because of a 2010 chemical release that affected nearby wetlands. That incident caused dozens of birds to be killed, according to authorities.
In addition to that payment, the refinery has paid more than $2 million in other environmental penalties to state regulators during recent years. Citations were issued because of pollution release into local waterways and the release of dangerous gases into the atmosphere.
That refinery, located in southern Wyoming, processes about 80,000 barrels of crude oil each day. Sources include the Canadian oil sands. The plant, founded in 1923, processes gasoline and diesel fuel.
Source: Casper Star Tribune, "Four workers burned by Sinclair oil refinery fire in Wyoming," Jeremy Fugelberg, May 9, 2012
]]>The Labor Department reported receiving a slew of complaints from small-farm operators throughout the nation, who contended that they would be unable to operate their businesses without the contribution from younger workers. Even school administrators joined in to oppose the measure, which would have limited the ability of vocational students to participate in farming activities.
]]> Children who intend to carry on the family business must learn its nuances from an early age, say farmers, which can only be achieved by working directly in its environments.Advocates for the measure say that it would have protected children from threatening environments that pose serious dangers to their health and safety. Child labor laws for rural farms have not been updated in nearly four decades, according to one lawmaker, who said that farm safety has experienced significant changes since that time.
Agriculture is notable for being the most hazardous industry that employs young people as nearly 100 teens die each year while performing dangerous farm-related tasks. Many more than that lose limbs and are otherwise injured by farm implements, a situation that can only be remedied by removing children from those environments, say some lawmakers.
Still, experts say that the Labor Department failed to adequately consult with such groups as 4-H and the Future Farmers of America, who would have been hobbled by the far-reaching standards that the rule would have instituted.
The department plans to continue work on a revised rule, consulting rural stakeholders such as farmers and ranchers to guarantee that the new proposal is palatable for all agricultural operations. As a compromise, the department has also agreed to collaborate with 4-H, the National Farmers Union and other entities to create a safety training program for young people who work within the agricultural industry. Hopefully we can find a way to prevent serious accidents involving young people while still allowing farming communities to get the help they need to do their daily work.
Source: Arkansas News, "Labor Department withdraws child farm rule," Peter Urban, April 27, 2012.
]]>Many of the road workers are on the site by the time the morning rush hour occurs at about 6 a.m., according to their supervisors and other drivers. Some vehicle operators in the Phoenix area say they recognize that road workers have hazardous jobs and they say they would be nervous if their family members were employed in that capacity.
]]> The most recent statistics available show that about 600 people were killed in work zones during 2010, with 14 of those deaths occurring in Arizona. Initial estimates place the 2011 fatalities in Arizona closer to 20, according to officials.Most of the people who die in the work zones are passengers and drivers, though workers are also vulnerable. Drivers and passengers are killed more often, according to officials, because they are not as cognizant of the dangers as the road workers are. Many people in vehicles fail to pay adequate attention to signals and activities in the work zone, which often ends tragically.
Even though road workers employ a number of safety precautions, many are still injured each year because of driver carelessness. Despite the reflective tape, barricades and speed change signs, employees are still in danger when they are working alongside fast-moving cars.
Experts stress that the most important element to maintaining work zone safety is paying attention to the task at hand, which is driving. Officials encourage drivers to put down the cell phones and sandwiches, stop digging in the glove box and pay full attention to driving. Drivers are also urged to obey speed signs, because slower speeds protect both workers and drivers in work zone areas.
Source: ABC15, "ADOT warns drivers to slow down for National Work Zone Awareness Week," Kimberly Cheng, April 26, 2012
]]>The accident occurred at about earlier this month when the 23-year-old man was laying metal decking on the second floor of a building. He plummeted to the concrete floor beneath the scaffolding after he fell. State OSHA officials say that the man broke his hip and several bones in his face when he fell. He had been wearing a hardhat at the time of the accident.
]]> There have been conflicting reports about the man's physical status following the accident. While emergency responders say the man was alert when they treated him, Cal-OSHA representatives say he was nonresponsive.Emergency responders arrived on the scene shortly after the incident and the man was transported to the Stanford University Medical Center. Police officials said that the man will likely undergo surgical treatments to address his injuries, though they would not release specific information.
The man is employed by Cold Steel Erectors, which is a general contractor headquartered in San Lorenzo.
No one else witnessed the accident, which will complicate the investigation, according to safety experts. Occupational safety investigators say they can't do much in the case until they can talk to the man in detail about the incident.
State safety investigators have already been dispatched to the scene but they say that accident reports can take as long as four months to resolve. Cal-OSHA officials may take as long as six months to complete the investigation, according to local and national statutes. The investigator will search for clues that safety devices were improperly used, or if they were used at all. Cal-OSHA representatives have said that safety harnesses were not required for the construction at the school because the building was less than 15 feet tall.
Source: Mercury News, "Construction worker injured in fall at Palo Alto High School," Jason Green, April 18, 2012
]]>The explosion occurred earlier this month at about 8:30 a.m., according to emergency response reports. Firefighters responded to the scene shortly afterward, where they found smoke and some remaining flames in the testing room. The blast had been contained to a single room, according to official reports.
]]> Critics of the General Motors Alternative Energy Center say that the production and distribution of the Chevrolet Volt, an electric car, is unsafe for both workers and drivers. The vehicle, which plugs in to recharge, has a backup gasoline-powered engine that is said to cause the battery to catch fire after a car accident. The fires that have been reported all occurred hours or days after a car accident involving the Volt and GM says the problem has been fixed.Still, representatives from the automaker say that the testing process is designed to ensure the safety of the general public. They said it's better for such accidents to happen at a factory than on the road while the car is being operated by a civilian.
Although the accident deserves a proper investigation, this particular incident was not related to the fires reported earlier this year, according to GM spokespeople. The scrutiny is especially warranted because of the two workers who were injured in the blast.
Source: USA Today, "GM says battery blast at lab unrelated to Chevrolet Volt," Chris Woodyard, April 11, 2012
]]>Employers and human resources directors have become increasingly concerned about the impact of the medical marijuana provisions upon hiring and firing rules. One county attorney said that employers are prohibited from hiring or firing anyone based solely upon their marijuana cardholder status.
]]> Despite this protection, experts say that people are not protected if they are found to be incapacitated at work. The law does not specifically define incapacitation, but it does say that workers cannot possess or use marijuana at their workplace.Experts say that workers' compensation protocol should not be affected by the advent of the new legislation. Arizona is a no-fault workers' compensation state -- that is, if workers injure themselves while they are high, the injury is still covered under insurance provisions. Top insurance executives spoke at the panel, saying that the marijuana law is unlikely to have a significant effect upon current workers' compensation provisions, despite employers' concerns about workers smoking pot on the job.
The proposition that was approved in 2010 allows Arizona residents to possess up to 2.5 ounces of marijuana as part of a medical prescription. Those prescribed marijuana treatments can also grow as many as 12 plants if they live more than 25 miles away from a dispensary. Patients are given a card and a 20-digit identification number that they must present to police if they are found in possession of marijuana.
Law enforcement officers acknowledge the difficulty of enforcing drug laws while respecting medical marijuana provisions but they are attempting to accommodate patients using the drug. Flagstaff's law enforcement officials, for example, have employed a presumptive defense method, which means that officers assume that anyone possessing pot is doing so legally -- until officers have a reason to think otherwise.
Source: AZ Daily Sun, "Med pot law still hazy," Eric Betz, April 2, 2012
]]>The man was awarded $1 million in punitive damages after a jury found that the railway company disciplined him for reporting an injury. The man also received an additional $50,000 for lost earnings, pain and suffering and dismemberment.
]]> The man, age 48, was working at a railroad terminal in April 2008 when his foot became trapped beneath a railroad tie that had fallen from his grasp. The man was operating a piece of equipment that he found unfamiliar: a manual track jack. The employee's attorneys, along with the Occupational Safety and Health Administration, said that the man had been poorly trained on the equipment, which likely led to his injury.The man's attorneys say that the verdict sent a strong message to other rail companies. They argue that railroad firms throughout the nation should be more cognizant of government safety rules in order to protect their employees. This ruling is the first under the Federal Rail Safety Act, which is designed to prevent workplace retaliation against those who report safety incidents.
A separate OSHA investigation found that Metro-North, the company overseeing the operations, had violated railroad safety law. The man was awarded more than $5,000 in back pay from the company because of that disciplinary action.
The railroad contended that the man had violated safety policy by failing to check for foot clearance before he placed the tie. After the accident, managers chose to dismiss the employee because of poor procedural compliance, but he was re-hired later. The man's dismissal was downgraded instead to a suspension.
Source: The Wall Street Journal, "Metro-North worker wins $1M in injury lawsuit," March 22, 2012
]]>The study was conducted in 17 high-population states between 2003 and 2009. These states were chosen for the study because they accounted for more than 60 percent of nationwide compensation claims. Data analysis showed that outpatient procedures tended to cost significantly more in states that did not have fee schedules for insurance reimbursement. States that used fee schedules that were related to total hospital visit charges were also more costly than the states with strict requirements.
]]> In addition to uncovering the savings enjoyed by the states with rigid fee requirements, the study determined that procedure costs vary widely depending on location. For example, researchers evaluated the cost of a common knee surgery. They found that the rate differed by as much as 800 percent, depending on location and state requirements.Arizona academic researchers say that the fee schedule problems originated in the 1990s, although the system has been in use in various forms for nearly 80 years. Industry leaders failed to understand that controlling cost and controlling utilization were related, says the director of the Center for Health Information and Research at Arizona State University. Despite this misstep, industry decision-makers have been gradually working to improve the problem through utilization review, which likely has had a positive financial impact.
The problem, experts say, has been caused by rising hospital costs that are being mismanaged by state leaders. WCRI researchers say that their study could help state lawmakers make better financial decisions by presenting a model for financial efficiency. This tool will help decision-makers understand and address the true sources of high medical costs, allowing them to make more informed choices to benefit their constituents.
Experts at the American Hospital Association have debated the relevance of this information to the individual consumer, though they acknowledge that it could make a big difference for businesses and insurance companies. This trend would be helpful for consumers, lawmakers and the entire healthcare industry, they say, because it encourages transparency. So far, 43 states have opened their healthcare pricing information to the public.
Source: Healthcare Finance News, "Workers Comp surgery costs vary among states," Trevor Maxwell, March 5, 2012
]]>New reports came from forensic pathology reports that were submitted in December 2011 by experts in Texas. A local criminalist had also contributed findings in June 2011. Both of the reports disputed the suicide ruling, concluding that the officers' manner of death was inconclusive. That is, he was definitely shot, but the investigators could not determine whether the death was a suicide, homicide or undetermined cause.
]]> The officer in question was shot while he was on duty in October 2010. He was found with gunshot wounds to the head in an empty lot near the Arizona state capitol. Two other firearms were found at the scene: The officer's police-issued handgun was behind a fence several yards from his body, and his personal handgun was next to his body. The suicide ruling was called into question because of the presence of the additional firearms. Additionally, ballistic evidence shows that the man was lying down when he was shot, which opens additional injury possibilities.The man's widow had been denied workers compensation benefits because the man was accused of committing suicide; many states bar dispensation of benefits when the worker commits self-injury. She has been barred from receiving life insurance, pension and accidental death benefits because of the medical examiner's initial suicide ruling. The woman said she is relieved that the new documents disputed the suicide ruling, but she is frustrated with the police department for not keeping her informed.
County officials say they anticipate a civil litigation case as a result of the medical examiner's initial statements. The medical examiner did not make a decision in the case until 400 days after the man's death. Standard procedure dictates that rulings should be made within 90 days.
Source: ABC15.com, "New Phoenix police documents show suicide ruling in Sgt. Sean Drenth's death may not be correct," Lori Jane Gilha, March 13, 2012
]]>Layers in the necessary protective clothing and equipment the workers in charge of repairing our highways and byways are exposed to the elements each day. With that exposure to the extreme sun and heat adds the risk of work-related illnesses like heat exhaustion and stress.
]]> It is important for workers and their employers to be aware of the telltale signs of heat stroke. The more informed employers and co-workers are about the things to look for, the quicker they can react if a colleague is suffering a heat-related illness. Some of the signs to watch for are:There are ways to prevent the dangers of heat stress. For example, staying hydrating tops the list of things to do in the climbing heat. Many worksites provide water stations. Also, it is important to eat light meals. Additionally, it is recommended to bring a change of clothing, like socks or a t-shirt. Being able to put on dry clothes can help an overheated worker feel refreshed.
It is also important to note that heat related illnesses don't always occur in outdoor work areas. Workers who are employed in factories and other confined areas are also susceptible to the dangers of the heat.
Employers need to be vigilant about their efforts to remind and monitor workers about heat-related dangers. In fact, any signage on the worksite should not only be provided in English, but also for Spanish speaking workers.
Workplace safety can come in many forms. Providing information to workers in as many ways as possible is key to a safe work environment.
Source: EHS Today, "Heat Stress in the Southwest," Jack Rubinger, March 6, 2012
]]>Employees working at the time reported hearing a large flash explosion in one of the many buildings on the company's 180-acre compound. About 12 employees were working throughout the site that day. Witnesses report that the victims were alert and talking after the accident despite their injuries. Officials say that local ATF agents will assume responsibility for the investigation, assisted by the state fire marshal.
]]> The pyrotechnics company changed ownership in 2003 after losing its license because of safety concerns. Formal documents show that three accidents occurred in an 18-month span beginning in 1999, all of which are attributed to human error. The first incident occurred in November 1999. One worker was killed in that blast, and two others were injured, including a pregnant woman who safely delivered her baby after the explosion. A September 2000 explosion killed a 60-year-old female worker and injured another employee. The final blast in that period occurred in June 2001, injuring three employees.The company's previous managers, who sold the firm in 2003, pled guilty to illegally transporting hazardous waste and improperly storing explosive materials. The two men received 13-month prison sentences and were fined about $6,000. The company's president pled guilty to the charges, and it was put on probation for five years. A $70,000 fine was also levied against the firm.
Two sisters purchased the firm in 2003, adding a group of capable managers with more than 50 years' experience, according to the company's Web site. This is the first major accident since ownership was transferred.
Source: KSDK.com, "Global Pyrotechnic Solutions explosion in Dittmer, Missouri," Karen Gosling, March 6, 2012
]]>For example, even if a doctor recommends that a person undergo surgery to correct flat feet, the time off for surgery may not be covered under the new guidelines. Flat feet may not be a workplace injury.
]]> Another bill she submitted was House Bill 2366, but was dropped because another legislator introduced a bill that is similar. It called for the allowance of doctors to share employee medical examination results with interested parties if the employee was seeking workers' compensation. Parties included the government, insurance companies and employers.HB 2367 is another bill Rep. Fann submitted. This bill would allow insurance companies who cover workers' compensation to set up medical provider networks and require workers using the benefits to use in-network doctors. The bill would require approval of the networks by the Industrial Commission of Arizona to ensure there are enough local providers. The bill is being opposed by some unions, but would save businesses money. It is still in progress as Fann continues working with stakeholders.
One bill Rep. Fann submitted, HB 2368, passed the committee and as a result, made a few minor changes to workers' compensation laws.
HCR 2030, another bill Fann submitted, would create an amendment to the state constitution and would require voter approval. It would allow the state to deny workers' compensation when the worker was injured due to the significant influence of medical marijuana or illegal drugs.
Fann is holding this bill because she is unsure of the legality of it. Court precedent concluded that the state must prove that the injury was caused only by drugs or alcohol, not just a contributing factor. It will be interesting to see how these bills progress.
Source: Prescott Daily Courier, "Fann's bills aim to help local governments, businesses," Joanna Dodder Nellans, Feb. 16, 2012
]]>Unfortunately, a part-time bailiff found this out when he appealed the court's decision to deny workers' compensation. The man had originally been granted benefits because the accident was considered a work injury, but the circuit court reversed the decision of the workers' compensation commission.
]]> The accident occurred in June 2006. The bailiff arrived at work and realized he was breaking the dress code. He had accidentally put on a Christmas tie, instead of the standard light or dark blue tie. He later spilled coffee on his shirt and tie and decided to go home to change his clothes. As he was driving back to work, he was caught in a head-on collision with a truck.The man spent one month in the hospital due to serious injuries. He applied for workers' compensation and was approved because he was driving back to work at the time of the accident. However, he did not get the approval of his supervisor before leaving work, which is one of the reasons the circuit court cited for reversing the commission's decision.
Under the "going and coming rule," workers' compensation is not usually granted to those who are leaving or returning to the location of their job. Exceptions are made for those following special direction from their employer and injuries sustained during "personal comfort" breaks.
In the appellate court's ruling, they stated that the bailiff's supervisor did not give permission for the trip home and had no reason to expect the employee to be taking a personal comfort break at his home. The trip home was out of the ordinary and not employer-sanctioned, therefore the court concluded that it was not a candidate for the personal comfort exception.
Source: Business Insurance, "'Going and coming rule' makes worker's car accident injuries noncompensable: Court," Sheena Harrison, Feb. 13, 2012
]]>A man's workers' compensation claim appeal has been shut down following the allowance of Facebook and MySpace photos as evidence. The man, who suffered a work injury when a refrigerator fell on him, was seeking to have his disability benefits extended.
]]> The 27-year-old man suffered a hernia March 12, 2009 and had been covered under workers' compensation. His medical expenses were paid for and he had received temporary total disability benefits for more than one year. His extension request followed three injury-related surgeries.He claimed to be in "excruciating pain," but photos from Facebook and MySpace showed him "drinking and partying." The man's attorney called the allowance of the photos a disgrace to the dignity of the working class. He also said they were "irrelevant, immaterial and prejudicial." The issue was not what the man was doing in his free time, but whether or not he needed additional treatment.
However, according to the appeals court, diagnostic test showed no recurrent hernia and that further exploratory surgery was not needed. They also saw no problem with allowing the photos in court proceedings. The man's case hinged on the banning of the photos from the trial, and the appeals court did not do so.
In a written opinion for the state Court of Appeals, a judge said that the photos were in direct conflict with the patient's claim of "excruciating pain." The photos did and should have a bearing on the man's credibility, and they could not be barred because of the harmful effect on the man's perceived character.
Source: ABC News, "Court Okays Facebook Party Photos in Workers Comp Claim," Lyneka Little, Feb. 3, 2012
]]>The families of two teens who suffered severe injuries at work are suing the business where the teens were employed. The two teenagers, both 17, worked at a grain company. They were operating a grain auger on August 4, 2011 when one teen got his leg stuck in the auger. The other teen also became trapped while trying to get him out. The teens were both flown by medical helicopter to the hospital where they were listed in critical condition. Each young man lost a leg.
]]> The families are suing because the company did not have workers' compensation insurance, assigned the teens to work duties that violated state and federal labors laws and were negligent in both training and supervising. At the same time, the company has sued their workers' compensation insurance provider over whether they should cover the two young men's medical expenses.Due to the ongoing insurance litigation, the grain company has asked that the negligence lawsuits be at least delayed. They have already been fined $750 for not having workers' compensation coverage at the time of the accident.
The lawyer for the family has said that the two lawsuits are not related and one should not affect the other. The only difference is who would be liable for the payments, the grain company or the insurance company.
Medical expenses are still accumulating for the two young men, so the amount the families will seek in the lawsuit is still unknown. When "maximum medical recovery" has been reached, the medical expenses can be formulated.
According to the grain company's attorney, who is representing them in their dealings with the former workers' family, workers' compensation is the exclusive remedy for workers who are injured on the job. An exception is made, however, if the employee is in a working environment so dangerous that injury is guaranteed.
The impact of workplace injuries for anyone can be life changing. However, for these two young teens, their lives have been permanently altered at a time when they are preparing to enter the world of adulthood and independence. Now, they will be focused on adjusting to their lives with the loss of a limb and redefining their future plans.
Source: CBS News, "Okla. company sued over accident that hurt teens," Jan. 25, 2012
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