Tag Archive for workers compensation attorney seattle

L&I Adopts Hazardous Drugs Rule

On January 3, the Department of Labor & Industries (L&I) adopted the Hazardous Drugs rule, which aims to protect health care workers from harmful exposure to chemotherapy or other hazardous drugs. The rule will go into effect in stages, beginning January 1, 2013.

The rule was enacted in response to a bill passed by the Washington State Legislature, which requires L&I to implement protections that abide by recommendations in the National Institute of Occupational Safety and Health reports of 2004 and 2010.

L&I will host a public meeting to discuss the creation of a Hazardous Drugs Advisory Committee, as well as model programs that support employers as they implement the rule.  This event will take place at the L&I Tumwater building from 2 – 4 pm on Wednesday, January 25th. The Auditorium is located at:

Department of Labor & Industries Auditorium
7273 Linderson Way SW
Tumwater, WA 98501-5414

When the Hazardous Drugs rule goes into effect it will cover all health care settings where workers come into contact with these hazardous drugs. Some of those substances have been identified as cancer-causing agents, while others are known to cause irreversible harm to health care workers – even at low-level exposure rates.

Under this new rule, “health care facilities” will be defined as sites where a health care provider administers medical care to patients.

The rule includes minimum requirements for advancing a hazardous drug control program.  Using existing hazard assessments, employers will establish programs to reduce or eliminate employee exposure to hazardous substances.

If you or someone you know has suffered a work-related illness due to exposure to hazardous substances, contact an Employment Attorney at Emery Reddy for help recovering damages.

As Snow Storm Hits Washington, Workers Take Precautions

With weather forecasters predicting one of the biggest Seattle snow storms in recent years to arrive tomorrow, workers and employers should prepare to take full precautions to ensure winter safety. The U.S. Department of Labor has created a new page on the website for its Occupational Safety and Health Administration (OSHA) to help protect workers from potential hazards that come with winter storm response and recovery operations.

Visit OSHA’s Winter Storms Web page.

During winter months, employees who work in snow storms experience increased rates of injuries, as shown by increased L&I claims during these extreme conditions. OSHA’s new online tool offers tips and guidelines for how Washington employers and workers engaged in clean-up and recovery operations can identify hazards inherent in snow storm conditions, and take necessary steps to ensure worker safety while carrying out their jobs in wintry conditions. The webpage includes best practices and directions for workers whose activities may lead them to clear heavy snow around workplaces or from rooftops; encounter downed power lines; travel on slick or icy roads; or restore power after storms.

Hazards related to work in winter storm conditions include:

  • Workers being struck by falling objects (icicles, tree limbs, utility poles, etc)
  • Vehicle accidents on icy roadways
  • Carbon monoxide poisoning
  • Dehydration, hypothermia or frostbite
  • Exhaustion from overexertion
  • Back injuries – or even heart attacks – while removing snow
  • Slips & falls on slippery walkways
  • Electrocution from downed power lines and objects in contact with them
  • Burns from fires caused by energized line contact or equipment failure
  • Falls from rooftop snow removal, or while working on aerial lifts or ladders
  • Roof collapse under excess snow weight
  • Injuries from improperly operated chain saws and power tools, or from improperly attempting to clear jams in snow blowers

In response to these winter hazards and the work-related injuries that often occur in such condition, OSHA details the most effective measures for minimizing winter storm hazards. These include:

  • Approaching all power lines as if they were energized, and staying completely clear of downed or damaged power lines
  • Ensuring all powered equipment is properly guarded and disconnected from power sources before cleaning or performing maintenance
  • Using extremely caution on and around surfaces that are weighed down by snow or ice
  • Shoveling only moderate to small amounts of snow at a time, and using appropriate lifting form to avoid back injuries
  • Keeping walking surfaces clear of snow and ice; use salt where appropriate
  • Employers should provide and ensure the use of fall protection measures, and maintain ladders in good working condition
  • Remaining in one’s vehicle in the case of roadway emergency. Occupants should not leave a vehicle unless help is visible within 100 yards
  • Wearing reflective uniforms or clothing, as well as face and body protection
  • Clearly marking work zones
  • Using engineering controls, personal protective equipment and safe work practices to minimize the length of exposure to cold.

The new Winter Storms Web page provides links to OSHA guidelines, as well as advice from Federal Emergency Management Agency, the American Red Cross, the National Weather Service, the National Oceanic and Atmospheric Administration, the Centers for Disease Control and Prevention, the National Safety Council and other relevant organizations.

As OSHA explains on its website: “Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.”

Department of Labor Sets New Goal to Improve Employment for Americans with Disabilities

The U.S. Department of Labor has proposed a historic new rule that could require federal contractors and subcontractors to establish hiring goals that 7 percent of their workforce be people with disabilities. The Office of Federal Contract Compliance Programs is currently soliciting public comment on this proposal, and plans to publish responses in the forthcoming edition of the Federal Register.

The OFCCP’s prospective rule would bolster affirmative action requirements set forth in Section 503 of the Rehabilitation Act of 1973, and obligate federal contractors / subcontractors to give equal employment opportunities to qualified workers with disabilities. The potential regulatory changes also include particular actions that contractors would be required to take in recruiting, training, record keeping and policy dissemination — much like those already required to foster workplace equality for minorities and women.

In an announcement released by the Labor Department, Secretary of Labor Hilda L. Solis stated that the proposed rule represents “one of the most significant advances in protecting the civil rights of workers with disabilities since the passage of the Americans with Disabilities Act. President Obama has demonstrated a commitment to people with disabilities. This proposed rule would help federal contractors better fulfill their legal responsibility to hire qualified workers with disabilities.”

While Section 503 policies have already been in place for decades, people with disabilities are presently experiencing an unemployment rate of 13 percent, which is one and a half times higher than those without disabilities. Even more alarming is the data released last week by the Bureau of Labor Statistics, which confirms blatant disparities for working-age Americans with disabilities, with 79% completely outside the labor force, compared to 30% of those without disabilities.

“For nearly forty years, the rules have said that contractors simply need to make a ‘good faith’ effort to recruit and hire people with disabilities. Clearly, that’s not working,” said OFCCP Director Patricia A. Shiu. “Our proposal would define specific goals, require real accountability and provide the clearest possible guidance for employers seeking to comply with the law. What gets measured gets done. And we’re in the business of getting things done.”

Setting a 7% hiring goal for hiring Americans with disabilities provides a tool for contractors to assess the effectiveness of various affirmative action efforts. The proposed rule would also improve requirements for data research and documentation to enhance accountability. Additionally, it would institute annual self-reviews of employers’ outreach and recruitment efforts, and include a new requirement for contractors to post job openings to broader pools of qualified candidates.

Learn more about Disability Benefits through the Labor and Industries website.

If you believe you are the victim of employment discrimination, contact a Seattle employment attorney for help with your case. Emery Reddy also represents Washington workers with L&I claims and workers compensation claims.

Occupational Hearing Loss

Nearly 30 million Americans are exposed to dangerous levels of noise in the workplace, and occupational hearing loss affects large numbers of Washington workers across a variety of workplaces. Sometimes permanent hearing loss occurs all at once from a single, isolated incident (such as a worker being in close proximity to a loud explosion).  More often, though, workers experience gradual and progressive hearing diminishment from repeated exposure to high noise levels in the workplace.

Acoustic trauma can manifest as a loss of hearing range or hearing level, and in more serious cases workers can suffer from severe permanent nerve damage.  Oftentimes a worker will not know they have an impaired ability to detect normal levels of sound until their condition is quite serious and damage is irreversible.

Are you exposed to dangerous levels of noise in your work place?

 A number of factors can cause inner ear damage, such as the pitch, level, and length of exposure to noise. The quality of ear protection like headsets or ear plugs—as well as the consistency of using them—also effects rates of workplace hearing loss. Repeated exposure to only 85 decibels of sound is enough to damage a person’s hearing. This comes as alarming news to many workers, since the average power tool emits about 100 decibels, and 120 decibels of sound is enough to cause permanent hearing loss after only a couple hours of exposure.  A worker without ear protection standing next to someone using a nail gun is bombarded with up to 140-170 decibels – enough noise to result in immediate, permanent inner-ear damage.

If you sometimes need to shout at your worksite in order for another party to hear you, or if you have to strain to hear some standing nearby who’s talking at a normal level, it is likely that noise levels at your job are causing hearing loss.

Common Warning Signs of Occupational Hearing Loss

Workers exposed to intense noise at work should watch for these indications of potential hearing loss:

  • distorted, muted or muffled sounds
  • decreased ability to hear high-pitched sounds
  • roaring or ringing effects in one or both ears
  • trouble understanding others when they are talking at a normal conversational level

 Washington Hearing Loss Attorneys

Hearing loss can impact almost every dimension of someone’s life.  Washington workers whose are experiencing impaired hearing or permanent hearing loss due to occupational noise levels may be entitled to workers’ compensation benefits.  Emery Reddy’s Washington Workers Compensation attorneys have successfully litigated a large number of hearing-related cases for workers with L&I claims and appeals.  Please contact our firm today for a free consultation on your workplace injury.

 

Workplace Injuries Declined in 2009

In an October 21 press release, the U.S. Department of Labor’s Bureau of Labor Statistics reported an encouraging decline in workplace injuries and illnesses. Across much of the U.S., workers compensation claims are down in many industries, particularly construction. Among private employers, nonfatal accidents declined to a rate of 3.6 cases for every 100 full-time workers in 2009, down from 3.9 per 100 in 2008. BLS also announced a drop in the total number of cases in the U.S., which declined from 3.7 million in 2008 to 3.3 million in 2009.

“While the reported decline in workplace injuries and illnesses is encouraging, 3.3 million workplace injuries and illnesses are 3.3 million too many,” said Secretary of Labor Hilda L. Solis. “No worker should fear being injured or made sick for a paycheck.”

Solis emphasized the importance of thorough and accurate reporting in the case of workplace injuries. Solid record-keeping for workers compensation claims, she stated, can “serve as the basis for employer programs to investigate injuries and prevent future occurrences.” The Labor Secretary indicated that most employers recognize this obligation and do their best to correct conditions in which worker injuries occur, but pointed out that too many still do not. “That is why my department’s Occupational Safety and Health Administration is aggressively working to ensure the completeness and accuracy of injury data compiled by the nation’s employers. We are concerned about the widespread existence of programs that discourage workers from reporting injuries, and we will continue to issue citations and penalties to employers that intentionally under-report workplace injuries.”

Solis concluded the press release by reiterating the importance of adherence to workers’ compensation guidelines and regulations that prevent workplace injury. “Too many Americans suffer each year from preventable injuries or illnesses they received while on the job. Even in these difficult economic times, we must keep in mind that no job is a good job unless it’s a safe job.”