Oil and gas waste company cited after worker’s fatal inhalation


An oil and gas waste company has been cited by the U.S. Occupational Safety and Health Administration after a worker suffered fatal exposure to hydrogen sulfide in September 2022 while working near a sump pit in El Paso, Texas.

OSHA on Wednesday said it cited Andrews, Texas-based Production Waste Solutions LLC for six serious violations after inspectors found that the company exposed its employees to serious chemical hazards.

The citations followed the death of the worker, who had been skimming and suctioning out sludge water and oil byproducts from a sump pit at the time he was exposed to the fatal level of hydrogen sulfide.

In addition to exposing employees to inhalation hazards, OSHA accused the company of failing to train workers on the hazards associated with hydrogen sulfide exposure, failing to provide a body drench or eye flush station in areas near corrosive materials, and failing to perform a hazard assessment to determine if personal protective equipment is needed, among other failures.

OSHA proposed penalties of $39,064. The company has 15 days to contest the citations.

Hydrogen sulfide can be found in oil and gas deposits, and its presence could endanger employees who are working in confined spaces without proper protection, according to OSHA.

 



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Marine contractor cited over ship worker crushed to death


A marine cargo contractor has been cited by the U.S. Occupational Safety and Health Administration following the September 2022 death of a worker crushed by two tons of cargo in Panama City, Florida.

OSHA on Friday announced it cited Mobile, Alabama-based Premier Bulk Stevedoring LLC for one repeat violation and two serious violations after inspectors determined the company’s crane operator had an obstructed view of a signalman guiding the movement of a load of paper weighing thousands of pounds on the M/V Weserborg.

When the ship pitched during the crane work, the worker, who had been in the ship’s cargo hold, was fatally crushed up against a wall by the load.

OSHA said the company also failed to ensure that cargo handling supervisors completed a course in accident prevention.

OSHA said it issued a similar citation against the company in December 2020.

The company is facing $43,750 in proposed penalties. It has 15 days to contest the citations.

 

 



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Selective Insurance unveils ergonomic risk assessment tool


A New Jersey-based insurance company has introduced an ergonomic risk assessment tool for customers that it says will help decrease workers compensation claims.

The tool, developed by San Mateo, California-based TuMeke Ergonomics, is being made available to workers comp insurance policyholders of Branchville, New Jersey-based Selective Insurance Group Inc.

The tool enables employers to use a smartphone to record workers during task completion to try to identify high-risk body positions and motions that could lead to injuries, with the ultimate goal being reducing comp claims.

The artificial intelligence software works by reviewing job-site camera footage and building out a detailed 3D model of the human body moving through space.

Customers using the tool receive a report that contains findings and suggestions on ways to reduce worksite musculoskeletal pain and injury risks.

The insurer says the new tool will help companies identify hazardous employee behaviors, mostly in labor-intensive industries.

According to Selective Insurance, musculoskeletal injuries can account for about 30% of a company’s workers comp costs.

Selective says the risk assessment tool is available at no cost to its comp policyholders.  

 

 



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Pandemic heightened concerns on food industry injuries


Research released last month shows that food industry worker injury and fatality rates increased at the beginning of the COVID-19 pandemic, triggering regulators to focus on historical problems in food production safety.

While pandemic-related pressures on food manufacturing and distribution caused injury rates and fatalities to rise problems existed before COVID-19 hit, the authors of the six-year study said. 

The study, which was partly funded by the Nationwide Insurance Endowment for Safety & Health and compiled by Penn State University and University of Florida professors, looked at occupational injuries as they relate to transport packaging and related product movement in the U.S. food supply chain.

“The relevance of employee health and safety to food supply chain functioning has recently been highlighted as product availability has not matched demand, due in large part to worker safety concerns,” the researchers wrote. “This is one of many reasons safety professionals and corporate management should be concerned about hazards encountered by workers in the food supply chain.”

Although unrelated, the study came out shortly after the Occupational Safety and Health Administration announced changes to the issuance of fines and citations in workplace investigations, and after the federal government announced it hired more than 200 new OSHA inspectors since 2021. In late March, OSHA said it would begin adding a multiplier to fines.

“It kind of makes sense that the U.S. food supply chain has a higher risk of injury,” said San Francisco-based Sonya Luisoni, senior risk services manager for Safety National Casualty Corp.

Ms. Luisoni said U.S. food service companies rely heavily on storing and transporting materials on pallets and using devices such as forklifts and pallet jacks, which likely contributed to increased injuries and deaths in the sector in recent years as production ramped up, especially during the pandemic.

“Those are always high-risk activities, particularly because of the weight of what they’re carrying,” she said.

Many U.S. food service companies have not invested in robotics or other safety technology, she said.

“We have a lot of smaller companies that do a lot of this work who don’t have the funds or the capital to invest in these systems,” Ms. Luisoni said.

The increased workload during the pandemic led to longer hours and more fatigue among workers, said T.H. Lyda, who heads up the OSHA practice group at the Pittsburgh-based law firm Burns White LLC.

Since the pandemic began, OSHA has instituted several targeted enforcement programs, including a Local Emphasis Program that focuses on more than 1,400 food production manufacturing facilities in Illinois and Ohio, which saw higher than average worker injury rates.

The program was spurred by reports of fatalities, amputations, fractures, and crushed hands and fingers in those two states between 2016 and 2020.

“Workers have the right to file a confidential safety and health complaint and request an OSHA inspection of their workplace if they believe there is a serious hazard or they think their employer is not following OSHA standards,” an OSHA spokeswoman said in a statement.

Mr. Lyda said food companies should expect “higher scrutiny” from the Department of Labor, which oversees OSHA.

Dave Crowley, vice president of environmental health and safety and sustainability for Lynnfield, Massachusetts-based dairy processing company HP Hood LLC, said the most common injuries seen in the food and beverage industry are musculoskeletal.

“Our accountability measures are focused on the leading indicators,” he said. “What are you doing to prevent injuries from happening?”

 

 

 

 



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Appeals court reinstates widow’s wrongful death suit


A California appeals court ruled Monday that a trial judge was wrong to dismiss a wrongful death lawsuit against Del Monte Foods Inc. brought by the widow of a worker who was crushed while performing loading dock maintenance.

The 5th District California Court of Appeals in Fresno, in Rafferty v. Del Monte Foods Inc., reversed the lower court decision that granted summary judgment in favor of Del Monte in a suit filed by Amanda Rafferty on behalf of her deceased husband, David Rafferty.

Mr. Rafferty was employed by J.M. Equipment Company Inc., which was contracted by Del Monte to clean and repair air-powered dock levelers. He was crushed to death on June 15, 2016, by a dock leveler platform.

Ms. Rafferty argued Del Monte failed to train workers on the safe operation of the dock leveler, while Del Monte contended  J.M. Equipment exercised control over Mr. Rafferty’s work and was responsible for employee safety.

In granting summary judgment, the trial court said there was no evidence Del Monte exercised control over J.M. Equipment employees.

The appeals court, in reversing that decision, said a jury could reasonably conclude that Del Monte’s alleged breach of its duties contributed to the death.

 



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Montana state comp insurer announces proposed rate reduction


Montana’s largest state-run workers compensation insurer has announced a proposed average 5% rate reduction for policyholders.

The Montana State Fund said Tuesday’s rate reduction announcement marks the 17th consecutive year that workers comp insurance rates would have either been lowered or remained steady, and that today’s rates are 56.4% lower than they were back in 2006.

The state fund’s board of directors stated that the proposed reduction can be attributed to numerous factors, including fewer workplace accidents and quicker return-to-work instances for injured workers.

Montana has historically seen higher injury rates, but the state has been trending in the opposite direction, according to Holly O’Dell, president and CEO of the Montana State Fund.

In a statement, Ms. O’Dell said the proposed rate reduction is a testament to businesses’ dedication to creating a culture of safety at the workplace.

Once approved by the state securities and insurance commissioner, the comp insurance rates would go into effect for new and renewal policies beginning July 1. 

 



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Uber, Lyft shares surge after court decision to treat drivers as contractors


(Reuters)  Shares of Uber Technologies and Lyft Inc. rose Tuesday after a California court ruled that drivers can be treated as independent contractors rather than employees, removing some future regulatory risks for the rideshare companies.

Analysts expect the decision will likely be challenged before the California Supreme Court, which could take months to decide whether to accept the case, and over a year to issue a ruling. For now, though, the ruling means companies like Lyft, DoorDash and Uber have avoided a substantial hit to their earnings.

Shares of Lyft, which on Monday hit a record low, were up 6%. Uber and DoorDash rose 7% and 6%, respectively.

A three-judge panel of the state appeals court on Monday reversed a lower court ruling in 2021 that the ballot measure Proposition 22 was unconstitutional.

Prop 22 was approved in November 2020 and exempted app-based drivers from a 2019 state law known as AB5 that makes it difficult to classify workers as independent contractors rather than employees.

If Prop22 is repealed, it will be replaced by AB5, which would require the companies to reclassify drivers as employees and provide full benefits and hourly pay rather than just trip time.

The latest ruling could also pave the way for other states to follow, analysts said.



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Nebraska grain handler cited over worker’s asphyxiation death


A Nebraska company has been cited by the U.S. Occupational Safety and Health Administration after a worker died while attempting to clean out a grain silo last summer.

The 34-year-old employee was engulfed by corn and asphyxiated while trying to clean out the silo in Roseland, Nebraska, on Sept. 12, 2022.

The company, CHS Inc., operating as Agri-Service Center Roseland, disregarded federal regulations designed to prevent these types of worker deaths, and investigators found that the employee’s personal protective equipment was inadequate for protecting against engulfment hazards, according to OSHA.

OSHA said the employer failed to equip the worker with a proper body harness and lifeline that could have been used by workers to rescue him. Inspectors also found that the company kept a retractable lifeline tripod on site, but that the device was not designed to be used for side entry into grain.

The company was cited for two willful and 14 serious violations and OSHA proposed $531,268 in penalties. The company has 15 days to contest the citations. 

 

 

 



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Massachusetts considering medical marijuana reimbursement bill


Massachusetts lawmakers are considering a bill that would force workers compensation insurers and employers to reimburse for medical marijuana.

H.B. 1949, introduced Feb. 16 but made public Tuesday, states that “reasonable and necessary service costs” under workers comp code “may include reimbursement for medical cannabis provided to injured employees who are qualifying patients” according to their health care provider.

New York lawmakers introduced similar legislation in February. Comp experts say medical marijuana reimbursement continues to be an industry issue as insurers grapple with conflicting state and federal laws.

 

 

 

 

 



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New York lawmakers consider sexual assault comp bill


New York lawmakers are considering legislation that would provide parameters for workers compensation claims and lawsuits stemming from workplace sexual assault.

S.B. 5698, introduced on Monday and sent to the Labor Committee, states that injuries from a sexual offense would be compensable under workers comp and would allow “such employee to pursue any other remedies available at law or in equity.”

The bill also “clarifies that workers compensation should be exclusive remedy except when the employee suffers personal injury as a result of a sexual offense committed by a co-worker.”

Texas lawmakers are also considering a bill that would permit lawsuits following sexual assault under certain conditions. 

 

 



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