Tag Archive for work injury

Risk of Workplace Injury and Death: An International Perspective

Out of 2 billion workers worldwide, the International Labor Organization (ILO) estimates that over 317 million injuries occur each year that require more than four days absence. Moreover, 320,000 people are killed at work each year, although a mere 22,000 of these deaths are reported to the ILO through official channels.  This makes the risk of worker death about 160 micromorts per year per worker, on average. The micromort – a common statisticians’ tool – is defined as a one-in-a-million chance of sudden death.

Yet it is important to keep in mind that these figures are averages. They include huge armies of workers stuck at computers all day, which – despite causing stress, repetitive strain and back injury – is not a job that usually kill workers right on the spot.

Some occupations, however, are a different matter.

Apart from highly specialized jobs like as providing security in violent and unstable regions of the world, the highest-risk occupation in Britain today is commercial fishing. In the UK, a recent study showed that 160 deaths occurred in commercial fishing between 1996 to 2005, which comes out to 1,020 micromorts per year per fisherman. This is shockingly high – about the same level of risk facing British coal-miners in 1900. Commercial fishing is also the most deadly job in the US, with a risk of 1,160 micromorts per worker in 2010. Somewhat surprisingly, work as a police officer was only the 10th most dangerous job in the US, at 180 micromorts a year.

All of this raised the question of how risky a job has to be before an organization like L&I or OSHA decides that something must be done? In the UK, the philosophy of the Health & Safety Executive (or HSE) is based on something known as the Tolerability of Risk framework, which can be conveniently related to micromorts.

Potential hazards are generally regarded as existing along a spectrum of increasing risk, which divides into three loosely defined regions. Topping the chart are “Unacceptable” risks – meaning that something must be done immediately to protect the workers, the public, or both. At the bottom of the list are “broadly acceptable” risks, which are not quite zero but are considered insignificant by workplace regulators – the kind of thing we’d consider to be normal in our own daily lives.

In between the two extremes lie the “tolerable” risks – things we may be prepared to put up with if they yield sufficient benefit, such as providing valuable employment, personal convenience, or maintaining the infrastructure of society. The logic, in other words, is that somebody must do the dirty work.

Acceptable or not?

Yet how do regulators decide what is unacceptable, broadly acceptable, or tolerable? This is impossible to translate into numbers, yet again we can look to the methods of HSE because they’ve devised some general rules-of-thumb.

First, they claim that an occupational hazard might be considered “unacceptable” if the chance of worker death is greater than one in 1,000 per year. This equates to 1,000 micromorts per year, around the level for commercial fishing. “Exceptional groups” are excluded from that metric: serving in a war-zone certainly counts as exceptional, and the average risk faced by 10,000 servicemen and women in Afghanistan reached 33 micromorts a day, or around 10,000 a year.

For members of the public (rather than employed workers), the HSE considers a one in 10,000 a year risk – which is 100 micromorts a year – as being unacceptable. At the other extreme, risks are considered broadly acceptable if they are less than one in a million per year – or 1 micromort. As it happens, this is about equivalent to the estimated risk of being killed by an asteroid.

Disaster zone

But if applied to the entire English population, even such a minimal risk would mean nearly 50 fatalities a year. This raises some interesting questions: what would happen if all of these deaths occurred once, or affected vulnerable groups like young children, or imposed risks on certain people just because of where they live?

In these circumstances, “social concerns” can trump these cold “micromort calculations.” And again, the HSE has created some rough guidelines that reflect these concerns: for any potential hazard, the risk of an accident involving 50 deaths must be less than 1 in 5,000 each year. Imagine we built a dam that, if it burst, would kill 50 people. In this case it must be designed so that this could be expected to happen only once every 5,000 years.  That’s a fairly rigorous criterion. If 10,000 people lived below the dam, this would be less than 1 micromort a year.

From the individual perspective this might be considered “acceptable”.  But since our society does not like disasters, the immense resources expended on them make tiny risks even smaller.

The L&I Attorneys at Emery Reddy represent workers who have suffered problems such as back injuries, neck injuries, work-related hearing loss, repetitive stress injuries, construction site injuries and occupational illness. If you need help with your L&I Claim for any type of workers’ compensation injury, contact a Seattle work injury lawyer today.

Sanitation Workers Extend Strike to Seattle

Disruptions In Trash and Recycling Pickups Predicted as Workers Strike Against Republic’s Labor Law Violations and Attacks on Health Care

Workers at Republic Services/Allied Waste  – the second largest solid waste and recycling company in the U.S. – found picket lines outside the facilities when they arrived at work in Seattle, Bellevue, Lynnwood and Kent early on Friday morning.

Striking members of Teamster Local Union 991 had traveled all the way from Mobile, AL t the Northwest to expand picket lines to Republic’s Seattle-area facilities. Members of Teamsters Joint Council 28, as well as community supporters, also put up sympathy pickets.  250 workers at these facilities–refused to cross the lines.

Sanitation Worker Strike

On Thursday night, March 22, all 24 Republic Services workers in Mobile went on strike. They are protesting Republic’s repeated labor law violations. In February, Republic negotiators agreed to a contract, only to then back out when they decided they wanted to pay less for family health care coverage.

Within a few hours of Mobile workers going on strike, Republic Services workers in Columbus Ohio and Buffalo N.Y. refused to cross sympathy picket lines in support of strikers in Mobile. Trash and recycling work in those two cities was effectively shut down from Friday through Monday. Sympathy picket lines are currently spreading to other Republic facilities across the nation, where the Teamsters have nearly 150 contracts.

In 2011, Republic Services/Allied Waste reported $8.2 billion in revenues, with profits of $589 million – a 15% increase per share since 2010.

“Republic claims it can’t afford to provide quality, reasonably priced health care for its employees,” said Teamsters Solid Waste, Recycling and Related Industries Division Director Robert Morales. “Yet the employees are the ones who risk their lives every day to protect the public health and rake in profits for the company.”

“I’ve worked at Republic for 16 years,” said striking worker Steve Burroughs. “I don’t want to strike, but these top 1 percent corporations have done nothing but harass and intimidate us. As a worker, I’m part of the 99 percent in America and I can’t stand by any more while our jobs are destroyed.”

For more information, visit https://www.facebook.com/RepublicServicesTeamsters and follow https://twitter.com/repubteamsters.

Founded in 1903, the International Brotherhood of Teamsters represents more than 1.4 million hardworking men and women in the United States, Canada and Puerto Rico. Visit www.teamster.org for more information.

Unemployment Continues to Drop

The number of Americans seeking unemployment benefits fell last week to the lowest level in four years, strengthening evidence that our job market continues to improve.  The Department of Labor also confirmed that the U.S. economy grew by 3% in the fourth quarter of 2011. From December through February, businesses added an average of 245,000 jobs per month. This has caused the unemployment rate to drop to 8.3 percent, the lowest level in three years.

According to the Labor Department the number of people applying for weekly unemployment benefits fell by 5,000, to a seasonally adjusted 359,000. This marks the lowest number of applicants since April 2008.

The four-week average of jobless claims, which is a less precarious metric, declined to 365,000 — the fewest for that measure since May 2008.

When applications for unemployment benefits decrease in a consistent trend below 375,000, it is generally a sign that hiring is sufficiently robust to bring down the unemployment rate. The current decline has coincided with the best three-months of hiring in over two years.

Many economists predict yet another strong month of hiring in March.

In assessing jobless claims, Ian Shepherdson, an economist at High Frequency Economics said “The trend remains unambiguously downwards.” While he admitted that the rate of decline was slowing, he pointed out that it was “still consistent with robust, sustained payroll gains.”

In Thursday’s assessment of the October-December quarter, the Commerce Department reported no change. The 3 percent annual rate remained the highest since spring 2010. Still, economists expect growth has probably slowed to 2 percent or less in the current quarter.

Businesses have been restocking their inventories at a slower rate, and shipping a lower amount of durable manufactured goods. In addition, Europe’s debt crisis and slowed growth in Asia have dampened demand for American exports.

Yet despite promising trends overall, Washington State residents still face troubling rates of unemployment, as well as difficulties in the workplace such as wrongful termination, workplace discrimination, trouble collecting workers compensation benefits, and the complexity of handling a Labor & Industries Claim (including, for many, the need to appeal a rejected L&I claim). Since a large number of injured workers do not fully understand their rights, they are taken advantage of when they attend an L&I Independent Medical Exam. If you need help with any of these issues, contact an L&I Lawyer or a Seattle Employment Attorney at Emery Reddy today.

Labor Department Cites Wal-Mart for Repeat and Serious Safety Hazards

Wal-Mart rarely seems to get good press when it comes to workplace conditions or relations with its employees, and this past week was no exception. The United States Dept of Labor’s Occupational Safety and Health Administration (OSHA) cited Wal-Mart Stores Inc. for a total of 24 “repeat and serious” violations of workplace safety and health standards at its supercenter store in Rochester, NY. Even more troubling, these violations show a pattern of similarity to recent citations at nine additional Wal-Mart locations across the U.S.

The Arkansas-based retailer faces up to $365,500 in proposed fines after OSHA’s Buffalo Area Office conducted inspections in response to a complaint.

“The sizable fines proposed here reflect not only the seriousness of these conditions but the fact that several of them are substantially similar to hazards identified at nine other Wal-Mart locations in New York and eight other states,” said Arthur Dube, OSHA’s director in Buffalo. “This situation is unacceptable. A corporate employer must take effective and proactive steps to assess, correct and prevent the recurrence of hazards at all of its locations.”

OSHA inspectors who visited the Rochester Wal-Mart found fall hazards; obstructed exits; an absence of lockout procedures for energy sources that would enable workers to safely perform maintenance on a compactor; an unguarded grinder; a failure to train employees on proper uses of protective equipment; a lack of eye and face protection; and insufficient information and training on hazardous chemicals in the workplace. These conditions exposed employees to serious risk of workplace injury, amounting to citations for 10 repeat violations with $288,000 in fines.

A repeat violation is issued when a place of employment has previously been cited for the same violation of a standard, regulation, or rule. In Wal-Mart’s case, OSHA had cited the retail giant for similar hazards between 2008 and 2010 at workplaces in South Mobile, Alabama; Jonesboro, Arkansas; Plant City, Florida; Rincon, Georgia; Jerseyville, Illinois; Queensbury, N.Y; Fargo, North Dakota; and Tulsa, Oklahoma.  L&I Attorneys were disappointed but hardly surprised by the news, as Wal-Mart has long been a source of a numerous injuries and workers compensation claims in Washington State.

The citations against Wal-Mart can be viewed at http://www.osha.gov/ooc/citations/Walmart315502476-315502880-01-27-12.pdf.*

If you of someone you know has suffered a workplace injury and is filing an L&I claim, we encourage you to consult one of Emery Reddy’s Washington Workers’ Compensation Lawyers.

In the course of many L&I claims process, the Labor & Industries administrators may request that you complete an Independent Medical Examination; if you find yourself in this situation, we urge you to consult with an Seattle L&I lawyer immediately.

Worker Seriously Injured by Crane; OSHA Cites Contractor for Willful and Serious Safety Violations

The U.S. Department of Labor’s Occupational Safety and Health Administration recently cited Florida-based Bennett Electrical Services Co. for three safety violations, including one judged to be willful, following the serious injury of an employee.

In the course of an inspection begun in August based on a referral, OSHA discovered that a worker had been injured and hospitalized due to a faulty truck-mounted crane. While moving concrete-based traffic lights, the boom of the crane broke away from the truck, striking the operator in the head and knocking him from the operator’s station to the ground below.

One willful violation (carrying a $42,000 penalty) results from the employer’s failure to conduct annual inspections on the equipment. The employer was evidently aware of safety concerns raised by OSHA in previous citations from 2002 and 2006. A willful violation is one committed with deliberate understanding or intentional disregard for measured required by law, or with obvious indifference to worker safety and health.

Two serious violations carrying $8,400 in proposed fines have also been issued for undertaking modifications to the truck-mounted crane without the written approval of the manufacturer, and for permitting the crane to remain in operation despite known deficiencies. A serious violation occurs when there is considerable probability that death or serious worker injury could result from a hazard the employer knew about.
“Because this employer failed to provide safe equipment, a worker was seriously injured and could have been killed,” said Darlene Fossum, director of OSHA’s Fort Lauderdale Area Office. “This unfortunate incident illustrates why following OSHA’s standards are so important. All employees deserve a work environment free from unnecessary hazards.”

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742).

If you were injured at work and plan to file an L&I claim, contact a Washington Workers’ Compensation Attorney at Emery Reddy. During the workers compensation claim process, the Department of Labor & Industries may require you to undergo an Independent Medical Exam; if this happens to you, we urge you to consult with an Seattle L&I lawyer before attending the IME. Finally, if your claim has been denied, it is in your best interest to work with an experienced L&I attorney to appeal rejected L&I claims.