Injury and Death from MachineryClore Law ·
Most people would not think performing routine maintenance would be such a dangerous job, but they would be wrong. According to a CDC article
Deaths or injuries related to machinery can happen while performing maintenance and service, which is when workers are exposed to an uncontrolled release of energy or when computers are turned on unexpectedly. During 1982-2006, NIOSH investigated 185 deaths related to installation work, maintenance, service or repair machines, equipment, processes and systems, or near them.The investigations were carried out in 20 states as part of Evaluation and Control of Deaths (FACE). In 142 (77%) of incidents, one factor was de-energize, lock or remove the power source, not block and tagout devices control the energy and isolation points after de-energization was a factor in 31 incidents (17%). If the machine is turned on during maintenance, repair, adjustment or service, workers can get caught in equipment and fractures, compression, dismemberment or death [NIOSH 1999, 2006].
Workers ComepensationIn general injuries occurring at work at covered by workers compensation laws; however, there are circumstances when other legal remedies may be more advisable. Please visit the Workers Compensation Information Center for more specific regarding the laws intended to protect you at work. NIOSH, the National Institute for Occupational Safety and Health, makes the following public direction to employers to help ensure employee safety.
NIOSH recommends that employers comply with OSHA regulations outlined in 29 CFR *" class="smooth-scroll">[*] 1910.147, control of hazardous energy (lockout tagout). The results of NIOSH research into the deaths indicate that the following are of particular importance:
- Establish and implement a program to control hazardous energy lockout procedures including tagout, staff training and inspections before attempting any service or maintenance [NIOSH 1999].
- Ensure that employees clearly understand when they are appropriate procedures to control hazardous energy and are able to apply these procedures when appropriate.
- Ensure that procedures for lockout tagout established specific to each machine [NIOSH 2006; Michalscheck 2008].
- Train workers in production, and maintenance employees in methods of isolation and control of energy [see 29 CFR 1910.147 (b)].
- To effectively isolate energy sources, ensure that employees have enough locks to block, and other labels to identify materials needed [see 29 CFR 1910.147 (c) (5) (i)].
- Clearly label the isolation devices, such as switchboards and control valves [NIOSH 1999].
- After removing the locking devices and identification but before turning the machine, ensure that all employees operating or working with the machine, as well as those in the area where the service is performed or maintenance, they know they have removed the devices and reenergize the machine can [OSHA 2002, 29 CFR Section 1910.147 (e) (3)].
- Ensure that anyone under age 18 work in hazardous machinery identified as the Regulations on Child Labor [29 CFR 570,120].
- Ensure that employee training is taught in their primary language.
Workers Compensation ClaimsWhen a worker is injured, there is more than just physical harm. Often the injured is a financial contributor, if not a sole provider of, a family. Who wil pay his or her family's bills or buy them food? The Clore Law Group is dedicated to seeing people injured at work receive the maximum compensation under the workers compensation laws of South Carolina.
Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, business tort, or workplace injury. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.