Missouri Workers Compensation Lawyer Blog

Did you know that an average of 1,500 people die each year from exposure to excessive heat? There are also various different heat related illnesses that occur and are a particular hazard to those who work outdoors - especially given this summer's record setting heat. The Occupational Safety and Health Administration (OSHA) has launched a national outreach campaign to educate employers and workers about the dangers of working in the heat.

"If you're working outdoors, you're at risk for heat-related illnesses that can cause serious medical problems and even death," said Secretary of Labor Hilda L. Solis. "But heat illness can be prevented. This Labor Department campaign will reach across the country with a very simple message - water, rest and shade."

Many Missouri outdoor job sites in the summers have radiant heat sources, along with high temperatures and humidity levels. The work frequently includes heavy physical labor and/or direct physical contact with hot objects. These factors directly increase the chances for heat stress-related illness.

For these reasons, OSHA has long had safety standards in place to prevent heat-related illness and fatalities; this issue is certainly not a new one. However, unfortunately, there are still too many Missouri employers and job supervisors who don't follow OSHA's regulations, which puts their workers at risk.

Continue reading "OSHA Initiative Combats Heat Related Illness and Fatalities in Missouri and Across the Nation " »

The number of coal workers who suffer from black lung disease is on the rise, with diagnoses doubling in the last decade, according to a joint investigation conducted by NPR and the Center for Public Integrity (CPI).

Formally known as coal workers' pneumoconiosis, black lung disease is caused by inhaling coal dust. With prolonged exposure to the dust, a worker's lungs will actually shrivel, harden and turn black. Federal lawmakers attempted to combat the problem over 40 years ago: in 1969, Congress passed a law requiring that dust be controlled, setting strict limits on exposure, and developing an enforcement system to hold mining companies accountable for workplace conditions. In the years after the law was passed, black lung disease rates dropped dramatically, but recent data indicates that black lung is becoming a problem once again. Researchers from the National Institute for Occupational Safety and Health (NIOSH) reviewed recent medical data, and their conclusions were nothing short of alarming:

• Between the 1970s and the 1990s, the proportion of miners whose X-rays showed signs of black lung fell from 6.5% to 2.1%. In the 2000s, it jumped to 3.2%.

• Between the 1980s and the 2000s, cases of the disease's most severe form have tripled, nearly reaching disease rates in the 1970s.

• Since 1970, black lung has contributed to the deaths of over 70,000 coal miners, with workers' compensation payments in excess of $45 billion.

"This is clearly a public health epidemic," said Scott Laney, NIOSH epidemiologist. "This is a rare disease that should not be occurring."

This resurgence of black lung disease isn't news to safety advocates. In 1995, NIOSH recommended that dust limits be cut in half, and the secretary of labor created a committee to address the problem of black lung. The committee suggested a number of reform measures, sharply criticizing the existing standards: "The committee believes that the credibility of the current system of mine operator sampling to monitor compliance with exposure limits has been severely compromised," their report said. "One of [the] highest priorities should be to take full responsibility for all compliance sampling." In response to these concerns, the Mine Safety and Health Administration (MSHA) developed a new guideline, but the rule died before it became final.

Continue reading "Black lung diagnoses skyrocket in recent years, research shows" »

Although the Missouri workers compensation program was designed to automatically provide benefits to injured workers, such is often not the case. In theory, medical bills, weekly temporary disability payments, and lump sum permanent disability payments should be made without the need of a Missouri workers compensation attorney. In practicality, however, an attorney is often beneficial for a number of reasons. Iimportantly, a lawyer can help you manage any disagreements that may arise during your treatment, including the following:

Disagreements about health care providers and treatment: Your employer chooses your doctor

While your employer or your employer's insurer must pay your medical bills arising from any job related injury, your employer (or the employer's insurer) is legally entitled to choose your health care provider.

This means that your employer will determine which doctor you see, which hospital you are admitted to, and what physical therapist guides your rehabilitation.

What if you don't feel that you're being treated fairly? What if you are discharged from care before you are ready? What if you're not getting all the treatment you need? A Missouri workers compensation attorney can have you evaluated by a trusted physician. If that physician indicates you need more or different treatment, your attorney will work to see that you receive that treatment.

Disagreements about weekly temporary disability payments

Every injured Missouri worker is entitled to weekly benefits while temporarily disabled. These payments are equivalent to 2/3 of the worker's normal weekly pay. While these benefits are supposed to be automatic, sometimes workers get lost in the system. Here again, a Missouri workers compensation lawyer will help you obtain your rightful benefits by defending your rights.

Continue reading "Getting treatment for a workplace injury: Common issues facing injured workers" »

The summer months bring increased business to beauty salons across the United States. Summertime reigns as the busiest season for nail technicians in the U.S., with more than 375,000 people working in salons daily. However, many of these workers are not aware of the hazardous chemicals they are exposed to every day and the health risks they pose. Chemicals from nail polishes, glues, removers, and salon products can be detrimental to technicians' health. Without taking certain safety steps, nail technicians could face long term health risks from workplace exposure.

The Occupational Safety and Health Administration (OSHA) provides a list of hazardous chemicals commonly used in nail salons, which notes that employees are exposed to many chemicals, including methacrylic acids and acetates. Chemicals present in salons pose potent hazards and when mixed together, they can become even more dangerous. Employers must work to prevent chemical exposure by properly ventilating the salon and keeping potential dust or chemicals away from breathing zones. Employers can remove dangerous chemicals from breathing zones by using fans and other technologies that provide air circulation. The good news is that workplace illnesses connected to nail salons are largely preventable, provided the appropriate safety precautions are taken.

Also, nail salon owners are urged to reduce usage of products that contain certain hazardous chemicals, and seek out products that are acid free and "3-free" (those made without the "toxic trio": toluene, formaldehyde, and dibutyl phthalate). Reducing the number of chemicals present in the salon automatically decreases the risk of exposure. Another way to protect employees from overexposure is to diligently schedule breaks and allow appropriate time off from all types of chemical exposure. Lastly, always handle chemicals with care. Remember to keep bottles tightly sealed when not in use, and properly dispose of all chemicals.

Chemical overexposure can cause serious health-related consequences for nail technicians. Some studies have linked musculoskeletal disorders, skin problems, respiratory irritation, and headaches to work-related chemical exposure in nail salons. There are more than 10,000 nail products regularly used that do not have EPA safety approval, so the risks of future health problems are high.

Continue reading "Nail salons and chemical overexposure: The risks facing Missouri workers" »

During the summer months, it's common for Missouri high school and college students to take on summer jobs, hoping to earn a little extra cash. While it might not seem like the average summer job could be dangerous, young workers ought to know their rights and responsibilities, just in case they fall victim to a workplace accident or injury.

These days, summer job opportunities can be diverse, covering a wide range of positions and duties. From lifeguarding to construction work, summer jobs can come with a variety of risks - and because many of these jobs require little to no experience, young workers are often unfamiliar with the kinds of workplace situations that can lead to injury. Building sites, farms, supermarkets and restaurants are common places for young adults to work during the summer. Under certain circumstances, these locations can present increased risks of work-related injuries related to machinery or falling debris. Slip and fall incidents, burns, and other injuries are also common.

We traditionally think workers who perform manual labor are most prone to injury, but in truth, office workers frequently suffer injuries requiring medical treatment, particularly as a result of falling. Cluttered walkways, torn carpeting, loose cables and other unsafe conditions can lead to workplace falls, which can result in bruising and abrasions, broken bones, and even head injuries. In addition, office workers commonly sustain repetitive stress injuries, which are caused by performing the same small task over and over. These injuries can require medical treatment, therapy, and rehabilitation: each year, millions of people suffer repetitive stress injuries and miss time from work due to their injury. Many file workers' compensation claims.

Some young workers may not realize that they can file a claim when they are hurt on the job. Work-related injuries can have effects that last far beyond the time span of a summer job, negatively impacting future education and employment options. For this reason, young employees should be aware that a workers' compensation claim can help manage the various expenses associated with such injuries. However, there are certain time limits that apply: the Missouri Department of Labor advises employees that "failure to report your injury to your employer [in writing] within 30 days may jeopardize your ability to receive workers' compensation benefits."

Continue reading "Summer Jobs, Young Employees & Workplace Injuries: The Basic Facts" »

The summer months in Missouri are hot and dangerous for outdoor workers, who risk serious heat illnesses as temperatures rise. In particular, construction workers, agriculture workers, and utility workers will want to take precautions to protect themselves from heat stress. According to the Centers for Disease Control and Prevention (CDC), heat stress occurs when the body cannot cool itself normally because its temperature control system is overloaded. In extreme cases, when a person's body temperature gets too high, heat illness can cause serious personal injury, including damage to the brain and other vital organs. In light of these risks, the Occupational Safety and Health Administration (OSHA) is campaigning to bring awareness to workers and employers about heat illness prevention.

Despite increased awareness of the dangers heat can pose, many deaths have been caused by improper protection from heat stress in the workplace. According to the United States Labor Department, heat-related illnesses strike thousands of employees every summer, resulting in an average of over 30 worker deaths each year.

Although many heat-related illnesses are directly linked to working outdoors in hot conditions, other injuries can also be provoked by dehydration or sweaty palms. Special training and planning is needed to ensure that employees are protected under these conditions. When employers don't take action to prevent occupational heat exposure, they place their employees at risk for physical harm. Workers who experience any symptoms of heat stroke, heat exhaustion, heat syncope, heat cramps, or heat rash should seek medical attention immediately.

OSHA has started a national campaign to educate employers and employees about the risks associated with summer weather. It is vital that care is taken to prevent serious personal injuries connected to heat, according to Dr. David Michaels, assistant Secretary of Labor for Occupational Safety and Health. "It is essential for workers and employers to take proactive steps to stay safe in extreme heat, and become aware of the symptoms of heat exhaustion," Dr. Michaels said in an OSHA news release. The Administration also emphasizes the importance of abundant "water, rest, and shade" to safeguard outdoor workers' physical health.

Continue reading "OSHA Warns Outdoor Workers About Risks of Heat-Related Illnesses & Fatalities" »

Recently, the U.S. Department of Labor's Occupational Safety & Health Administration (OHSA) decided to extend temporary enforcement measures connected to its residential fall protection directive. The directive, issued in June 2011, works to prevent residential builders from bypassing fall protection requirements. It was originally scheduled to end in March 2012, but will now extend up to September 15.

The directive replaced another plan dating back to 1995, which was issued as a temporary policy because of concerns about the feasibility of fall protection in this industry. But then several organizations recognized a need to revisit the issue, including the National Association of Home Builders (NAHB); OSHA's labor-management Advisory Committee for Construction Safety and Health; the AFL-CIO; and the Occupational Safety and Health State Plan Association. These organizations represent the 27 states and territories that organize and enforce their own occupational safety and health programs. Experts feel that feasibility is no longer a concern or an issue, as there continues to be an outrageous number of fatal falls in construction accidents in Missouri and elsewhere throughout the United States.

"Fatalities from falls are the number one cause of workplace deaths in construction. We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths," Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels said last year. "Almost every week, we see a worker killed from falling off a residential roof. We can stop these fatalities, and we must."

OSHA's actions rescinded the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard 03-00-001. Before the 2011 directive, construction employees were allowed to use specific alternative methods to protect themselves from falls occurring on construction sites. These alternatives replaced conventional fall protection methods that were previously required by the residential construction fall protection standard.

Now, employers are required to comply with 29 Code of Federal Regulations 1926.501(b)(13).

Continue reading "OSHA Extends Directive Working to Prevent Residential Construction Falls" »

In today's world, many businesses and private citizens are "going green," in an attempt to help preserve our planet. They're recycling, driving more environmentally friendly vehicles and watching their consumption of natural resources. What's more, there are a growing number of "green jobs" being chased after by states looking to improve their economic outlook. Not only do these green jobs help to create a better community for everyone, but they also create new employment opportunities.

According to a recent report from Forbes, the website SimplyHired.com is currently listing about 4,000 jobs that are tagged with the keyword "environmental compliance" - that's a 24% increase compared to August 2010. Even more staggering, the site lists approximately 11,000 jobs associated with "energy efficiency," which marks a 500% increase compared to November 2009. Suffice to say, the green industry is continuing to grow.

Unfortunately, however, with new jobs come new risks. The Occupational Safety & Hazard Administration (OSHA) has expressed concerns that while these companies focus on the preservation of our planet, they may also present certain unique hazards that can result in workplace injuries.

Risks associated with the green industry are of special concern because the industry has experienced such explosive growth in recent years. Some of these new jobs could potentially expose workers to new hazards that may have not been previously identified in other industries. For example, a worker in a solar energy plant may be exposed to Cadmium Telluride, a known carcinogen, if the factory does not implement adequate controls.

Continue reading "Green Jobs & OSHA Safety Standards: What Employees Should Know" »

In 2009 alone, 4,551 American employees were killed on the job - which means more Americans died in the workplace during a single year than have died during the entire war in Iraq, according to a recent investigative report from iWatch News, a publication from the Center for Public Integrity (CPI). When you also consider the estimated 50,000 employees who die of occupational diseases every year, the report continues, "it's as if a fully loaded Boeing 737-700 crashed every day" in 2009.

In particular, the report addresses the death of 32 year-old Nick Revetta, a Pennsylvania worker who died in a gas explosion at U.S. Steel in 2009. Revetta sustained a fatal head injury as a result of the explosion, which threw him backwards into a steel column. He left behind a wife and two young children.

Revetta's death was investigated by the Department of Labor's Occupational Safety and Health Administration (OSHA), but the company was never fined or even cited for a workplace safety violation. Even more shockingly, Michael Laughlin, the safety inspector assigned to Revetta's case, was ignored when he sent email messages requesting help from his superiors.

Some have blamed OSHA's quota system for lapses like this one. In 2012, OSHA set a "target goal" of 42,250 safety inspections to be performed nationwide - a 5.6% increase from the 2011 target. In comparison, the total number of OSHA inspectors has remained consistent in recent years. Inspectors, then, must manage their increasing inspection "goals" along with comprehensive inspections performed in the event of a workplace death.

"My problem is at what point do we give up quality for quantity," Laughlin wrote his superior regarding Revetta's death in 2009. "I need some guidance because I'm torn and my spirit is broken because of the need to complete this case to the best of my ability." His supervisor's response, according to iWatch News, advised Laughlin to "go out and hit some [golf] balls!"

In particular, Laughlin was asking for direction regarding the numerous federal rules that are designed to prevent fires, explosions and chemical leaks in work environments: he asked OSHA to send someone with specialized training in this area, but his requests were never granted.

After two months, OSHA's Philadelphia office removed Laughlin from the case: in end, an insulation contractor was the only one cited for a violation. The contractor paid $10,763 in fines that were not connected to the explosion in any way. Then, only 10 months after the explosion that killed Revetta, another explosion at U.S. Steel injured 17 workers.

Continue reading "Safety Violations & Workplace Deaths: OSHA Investigation Process Questioned" »

On Tuesday afternoon, the Missouri General Assembly passed a bill that will prohibit employees from suing their co-workers for on-the-job injuries. The legislation would only allow employees to sue co-workers when "the accident was the result of gross negligence or an intentional act of harm," says the Springfield News-Leader. The bill was passed in the Missouri House by a vote of 122 - 29, and the Senate unanimously approved it within the same day. Now, it awaits Governor Nixon's approval.

However, the bill does not address two pressing issues that directly affect the Missouri workers' compensation system: (1) the struggling Second Injury Fund; and (2) the process for treating deadly work-related diseases. It appears that these issues will not be addressed until next year.

Earlier this year, Governor Nixon vetoed legislation that addressed all three subjects. In his veto letter, Nixon said his primary concern is connected to occupational diseases, and his worry that the workers' compensation system cannot "adequately compensate workers for debilitating diseases that will eventually take their lives, and [that] such cases should be handled by civil courts, as they now are," according to Columbia Daily Tribune. Occupational diseases are chronic ailments contracted through the workplace, such as mesothelioma and lead poisoning.

After vetoing the proposed bill, however, Nixon sent a letter to Senate Majority Leader Tom Dempsey and Minority Leader Victor Callahan. In the letter, Nixon agreed to sign new workers' comp legislation, provided that those who suffer from occupational diseases would be awarded "enhanced benefits" - meaning they would receive larger weekly payments than injured workers.

In response, Dempsey reportedly proposed that those workers be paid 200% of the state's average weekly wage for 200 weeks, which would equate to a settlement around $300,000. Nixon's offer, according to Dempsey, would have paid closer to $700,000 to employees who suffer from occupational diseases. "The governor's number was too high, so there you are," Dempsey said. Since a compromise couldn't be reached, it's likely that the issue will have to wait until the next legislative session.

Continue reading "Bill Preventing Co-Worker Lawsuits Passes Missouri General Assembly: Occupational Diseases & Second Injury Fund Left in Limbo" »

Normally, workers' compensation claims are very different from medical malpractice cases. But what happens when medical malpractice results from treatment for an injury covered by workers' compensation?

This predicament can be unbelievably frustrating. It's upsetting enough to be injured and unable to work: when you feel you have an unsympathetic doctor who isn't treating you effectively, a tough time becomes even tougher. Seeing an injury worsen when you're expecting it to improve can be disheartening and even alarming - particularly when medical bills are continuing to pile up.

So, can an injured employee sue a workers' comp doctor (who is typically selected by the employer) for medical malpractice? It's a complicated question. In fact, it is nearly impossible to give a conclusive answer without reviewing the exact circumstances and medical records connected to a specific case. As our workers' compensation lawyers know, there are multiple factors that must be considered.

It's worth noting that in some states, workers' comp doctors cannot be sued for medical malpractice because the doctors are considered "co-employers." In other words, the doctors are covered by the same laws as the employer, meaning the workers' compensation system is the only way to address the malpractice.

In Missouri, however, a workers' comp doctor is considered a third party who can be subject to a lawsuit. And it's common for injured employees to question the methods of workers' compensation treating physicians, particularly when the recovery process is painful, expensive and time-consuming.

While it's true that there have been occurrences of medical malpractice in workers' comp cases, it's important to remember that malpractice has a very specific legal definition. For example, if your injury does not heal (or if it worsens over time), that is not necessarily a sign of medical malpractice. To win a malpractice suit, a plaintiff must prove 4 separate elements:

1. A duty of care was owed by the physician; 2. the physician violated the applicable standard of care; 3. the person suffered a compensable injury; and 4. the injury was caused in fact and proximately caused by the substandard conduct.

Continue reading "Workplace Injury Plus Medical Malpractice Equals a Complicated Case" »

Jamie Duncan, former linebacker for the St. Louis Rams, has filed a lawsuit in City Court against his former attorney, Mark L. Floyd of the Floyd Law Firm. The lawsuit is connected to a Missouri workers' compensation claim filed on Duncan's behalf: 5 years ago, Duncan alleges, Floyd advised him to sign a $1,000 settlement that included a waiver for any future medical benefits. Duncan's complaint argues that doing so ultimately cost him $255,000, reports the Courthouse News Service.

In 2007, when Duncan's initial claim was made, the Rams had offices in both St. Louis and Los Angeles, and Duncan's settlement was filed in the Missouri Division of Workers' Compensation. In the years that followed, Duncan sought to collect benefits on new claims for cumulative orthopedic and closed head trauma. In that pursuit, he was represented by California attorney Ron Mix.

By March of 2011, the complaint says, "Mix had negotiated a tentative settlement wherein the St. Louis Rams would settle all pending workers' compensation claims of Jamie Duncan, plus a buy-out of future medical benefits for the sum of Three Hundred Thousand Dollars ($300,000)."

Then, in May 2011, the Rams contacted Mix to inform him that Duncan had waived all future medical claims by agreeing to the Missouri settlement in 2007. Thus, the Rams "declined to offer any compensation to the plaintiff," the complaint continues. Mix was eventually able to settle Duncan's California claims for $45,000: since the Rams organization initially offered $300,000, Duncan is suing to recover the difference.

Continue reading "Former St. Louis Rams Linebacker Files Lawsuit Connected to Missouri Workers' Compensation Claim" »

On April 18, U.S. District Court Judge Nanette Laughrey granted a motion dismissing a lawsuit filed by 4 Missourians: injured workers who are owed awards from the state's failing Second Injury Fund (SIF). Originally, the SIF was created to provide benefits to employees with pre-existing conditions who are re-injured in the workplace. At present, it has 27,000 claims pending, while an additional 700 new claims are being filed every month. The problem? The fund is nearly bankrupt, and claimants are not being paid.

The SIF is subsidized by a surcharge imposed on employers' workers' compensation insurance premiums. Between 1943 and 1984, the SIF paid approximately $40 million in benefits to injured Missouri workers, according to the Columbia Missourian. However, in the 1980s, the Fund began to struggle with an increasing number of claims, and in 2005, a bill capped the surcharge at 3%. Since that time, workers' comp insurance premiums have dropped, but the cap only made a big problem even bigger, decreasing the already limited funds available. Audits performed in 2007 and 2010 offered stringent warnings, clearly indicating that the fund would go bankrupt within a few years if no action was taken.

Consequently, the Fund has presented a major problem for Missouri in recent years. In March 2011, Attorney General Chris Koster announced that the SIF would no longer pay out for new claims, effectively denying 200 injured workers approximately $15 million in funds - which brings us back to the aforementioned lawsuit. The action was filed on behalf of 4 of those injured workers who have not received their SIF awards: the plaintiffs argued that "the denial to pay violated the federal Americans with Disabilities Act, as well as their employment contracts with former employers, right to due process and other laws," reports the Kansas City Business Journal.

Judge Laughrey, however, disagreed. In her ruling [Pettet v. May, No. 2:11-CV-04049-NKL (USDC W.D.Mo)], she granted the defendants' motion to dismiss the case, and denied the remaining motions as moot. Importantly, she found that the plaintiffs were not denied benefits because they were disabled, but because of the SIF's financial crisis: therefore, there was no violation of the Americans with Disabilities Act.

Continue reading "Federal Judge Dismisses Lawsuit Concerning Missouri's Failing Second Injury Fund" »

Between treatment, rehabilitation and medication costs, recovering from a workplace injury can become very expensive very quickly. In particular, the expense associated with certain prescription drugs cost the workers' compensation system billions of dollars in wasted pharmacy-related funds last year, according to the 2011 Express Scripts Workers' Compensation Drug Trend Report.

The report indicates that the use of expensive medication (instead of lower-costing, therapeutically equivalent drugs) accounted for approximately $2.1 billion in wasted funds. In addition, the workers' comp industry saw $107 million wasted due to the use of out-of-network pharmacies and third party billing; and $40 million wasted through the use of "higher-cost" delivery channels (like retail pharmacies) for long-term medication.

• 76.2% of total drug spending in 2011 was associated with the top six "therapy classes," which include narcotic analgesics, anticonvulsants, anti-inflammatory drugs, and dermatological medication.

• Narcotic analgesics have the highest annual cost per user ($508). This therapy class also accounts for approximately 38% of total drug spending and 34% of total utilization.

• 10% of total drug spending in 2011 was associated with the powerful painkiller Oxycontin. This drug also had the highest cost per user.

• The biggest spike in costs was associated with dermatological medication, which rose 7.4% in 2011.

According to Express Scripts' official press release,

"Behaviors such as habit or lack of awareness can lead some physicians to continue to choose branded medications over more clinically equivalent, lower-cost generic alternatives. Injured workers may also request the more expensive medication. These behaviors drive up the cost of the workers' compensation pharmacy benefit."

The report also indicates that about 125 million U.S. employees are currently eligible for workers' compensation coverage. Approximately 4.2 million of these employees suffer work-related injuries and illnesses every year.

Continue reading "High-Priced Prescription Drugs Contribute $2.1 Billion to Workers' Compensation Costs in Missouri & Nationwide" »

On Thursday, U.S. Secretary of Labor Hilda L. Solis announced that Bartlett Grain Company, based in Kansas City, Missouri, is now charged with several workplace violations, which led to unsafe working conditions in a grain elevator in Atchison, Kansas. Those conditions, said Solis, left 6 workers dead and 2 seriously injured. Bartlett Grain is facing 5 willful violations and 8 serious safety violations connected to an explosion in the Atchison grain elevator in October 2011: the company could be fined as much as $406,000.

The Occupational Safety and Health Administration (OSHA) charges companies with willful violations when those violations are committed with "intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health," according to the Administration's official news release regarding Bartlett Grain.

Bartlett's willful violations include the following charges:

• Allowing grain dust to build up over time (this dust is 9 times as explosive as coal dust).

• Using compressed air to remove grain dust (and failing to shut down potential ignition sources prior to that removal).

• Starting and stopping bucket elevators repeatedly, in an attempt to clear grain clogs.

• Using electrical equipment that was inappropriate for the elevator's workplace conditions.

• Failing to require employees who worked from heights to use fall protection.

Among the 8 serious safety violations are charges of improper preventative maintenance, certification, and lubrication connected to upkeep of grain handling equipment. The company is also charged with failing to provide appropriate training programs with respect to job hazards and emergency procedures, along with a "deficient" housekeeping program that did not prevent grain accumulations, according to WorkersCompensation.com. In addition, OSHA has cited Kansas Grain Inspection Services, based in Topeka, with 3 violations: one willful, one serious, and one other-than serious.

View the citations to Bartlett Grain Company and Kansas Grain Inspection Services.

Continue reading "Kansas City Based Bartlett Grain Facing Multiple Citations for Workplace Safety Violations" »