Hurricane Season is Fast Approaching – Power Lineman and Safety

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The Atlantic Hurricane Seasons lasts from the beginning of June until the end of November, with the greatest intensity in storms generally happening from August through October. When they make landfall, these storms can bring untold destruction, requiring tremendous cleanup and recovery efforts.

The 2020 hurricane season broke an all-time record for the most named storms. The 29 named storms last year carved a path of devastating destruction in the Gulf and East coast states. Economic losses totaled an estimated $36 billion, where storms hit many communities in Louisiana before they had a chance to recover from the last one.

When hurricanes, tropical storms, and other disasters strike, many power linemen travel to these impacted areas to help restore electrical power. In addition to the property damage, injuries, and tragic loss of lives that the storms leave in their wake, the clean-up efforts can be just as dangerous.

Hazards Faced by Power Lineman After a Hurricane

The aftermath of a storm often brings more strong winds and rain, heavy flooding, piles of debris, and tons of confusion. But communities can’t get back to normal without the hard work and dedication of the people who repair the damage, such as power linemen.

Even in the best conditions, a power lineman’s job is incredibly dangerous. When you add flooding, debris, and downed lines to the mix, those hazards become even more serious. When dealing with hurricanes and other disasters, power linemen must face a long list of extreme hazards:

  • Falling Objects

It would be a mistake to think that all the blowing around is finished once a storm passes through. Debris will continue to settle and lie in wait for days, weeks, and months, creating additional hazards for power linemen that work in the area. A gust of wind can turn a loose branch or block of wood into a projectile, hitting a worker and/or causing them to fall from a high place.

  • Slip and Falls

Power linemen often work at high elevations, making them susceptible to serious injuries from falls. When you add in slippery and wet conditions, the dangers of this type of accident increase significantly. There is also an increased danger of tripping over debris and slipping on wet surfaces after a storm.

  • Burns and Explosions

When high voltage power lines are downed, severed, or otherwise damaged, there is a serious danger of fires, explosions, and electrocution to those who must work near those materials. Having the appropriate safety equipment on hand is vital to keeping power linemen safe in these conditions.

  • Poor Driving Conditions

Utility workers must often deal with severe road conditions, such as downed trees, flooding, and severed power lines, in the aftermath of a storm. There is even ice at higher elevations in some areas of the country, making road conditions even more treacherous. There may also be pressure from an employer to get to a worksite quickly, which can lead to motor vehicle accidents.

  • Stress from Long Hours

When a major storm hits an area, it can leave thousands of people without power. Since these storms happen during the hottest months of the year, that lack of electricity can be equally deadly for consumers. Power linemen are often expected to dedicate long hours to the task of getting the electrical system in communities back up and running. While a noble job, it can lead to severe stress and take its toll on a body quickly, leaving workers more susceptible to workplace injuries and illnesses.

Power Linemen and Safety After a Hurricane

Even when things are a bit chaotic, the power companies and disaster relief organizations that employ power lineman must take every precaution possible to keep workers safe during cleanup activities. Unfortunately, safety isn’t always a priority, and workers are either seriously hurt or killed.

When a power lineman is injured on the job, there are several options available. The first is to file a workers’ compensation claim to collect available benefits. In some states, an employee can also sue a negligent employer if their actions intentionally placed them in harm’s way or violated federal safety guidelines. An injured worker also has the right to sue a third party if a dangerous or defective product was involved.

Workplace accidents and injuries can be complex, particularly ones that involve storm recovery and cleanup. At OSHA Injury Attorney, our partner firms have extensive experience with these types of cases. We take tremendous pride in protecting the rights of workers who do dangerous jobs and are ready to pursue the compensation you deserve after an injury. If you need a power lineman injury lawyer in Atlanta, visit Bailey Javins, and Carter.

Prevention and Safety – Following OSHA Regulations for Construction Sites

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The Occupational Safety and Health Administration (OSHA) creates standards for employers and enforces the safety and health regulations in American workplaces, including construction sites. All employers and workers must comply with OSHA standards aimed at creating safe work environments.

When OSHA codes and rules are ignored or go unenforced, the consequences can be serious, even fatal. Construction site accidents can lead to severe injuries and lasting consequences for both workers and the responsible parties. How are construction sites supposed to keep employees safe and prevent accidents, and what types of OSHA violations are common in these environments?

OSHA Regulations for Constructions Sites

The construction industry poses so many threats to workers that OSHA has given it particular attention and guidance. The regulator has classified the top four risks to construction workers as the “Fatal Four.”

  1. Falls– Roughly 40% of construction site fatalities are due to falls from roofs, cranes, scaffolding, and other elevations. Typical fatal injuries include internal damage and brain or spinal cord trauma.
  2. Electrocution– More than 8% of construction site deaths are caused by electrocution. These can be caused by contact with overhead wires, defective machinery, or tasks near electrical panels.
  3. Falling Objects– Another 8% of construction site fatalities are due to falling objects, such as construction materials or tools falling from scaffolding, roofs, or cranes.
  4. Compression Injuries– About 4% of construction site deaths are attributed to “caught-between” injuries where workers are compressed by objects or equipment or crushed by falling structures.

Eliminating these threats alone in the construction industry could save more than 500 lives each year. But those aren’t the only risks in construction. Others include:

  • Injuries from fires and explosions– Fires and explosions on construction sites can result from the poor storage or handling of flammable materials.
  • Injuries from equipment– Heavy machinery, power tools, and construction vehicles can malfunction, be used improperly, or have defects that cause injuries.
  • Injuries from trench collapse– When trenches are not dug, planned, or marked correctly, they can collapse and cause injury.

OSHA has created regulations for employers to prevent accidents by establishing best practices in the workplace through rules and education. Employers are also mandated to provide a safe working environment that considers a variety of risks:

  • Equipment safety– Employers must ensure that equipment functions properly and is regularly serviced.
  • Electrical safety– Employers must clearly mark electrical hazards and cover items for safety.
  • Fall safety– Employers must put fall-prevention measures in place when workers use scaffolding or are on roofs.

When an employer falls short of these standards, they could face penalties for OSHA violations.

Types of OSHA Violations

Your employer has an obligation to provide a safe workplace that is free from hazards. There are four different types of OSHA workplace violations:

  • Other-than-serious– There is a condition present that could impact workplace safety and health but likely won’t cause accidents or injuries.
  • Serious– A workplace hazard could cause a serious injury or potential fatality.
  • Willful– An OSHA regulation is being knowingly ignored.
  • Repeated– The workplace has been cited previously for the same violation.

The most frequent OSHA violations relate to workplace accidents. Employers are most frequently cited for the following violations:

  • Hazardous conditions
  • Lack of fall protection
  • Failure to provide respiratory protection
  • Insufficient control of hazardous energy
  • Unsafe scaffolding or lack of fall protection

If You’ve Been Injured Due to a Safety Violation

If your employer fails to follow OSHA workplace safety guidelines, and you suffer an injury, you should report the violation to ensure no one else gets hurt. When an employee reports a violation to OSHA, several things could happen:

  • OSHA might investigate the employer.
  • The employer could be fined and mandated to make changes.
  • The employer could lose its operating license.

No matter what happens between your employer and OSHA, you have the right to secure certain benefits if you were injured on the job. In some cases, those benefits might come from the state workers’ compensation program. But, depending on the circumstances of your accident, you may also be able to pursue a civil case with additional damages.

After an injury, you should always obtain appropriate medical treatment and report the accident and any hazards to your employer. You should also speak with a knowledgeable construction injury lawyer for a free case review.

Speak With an Experienced Construction Accident Attorney

If you’ve been injured in a construction site accident, whether an OSHA violation was involved or not, you may be entitled to compensation. OSHA Injury Attorneys was created to ensure that workers understand their rights as well as the obligations of their employer with respect to workplace safety.

After an injury, you should seek immediate medical attention as well as the advice of a qualified workplace injury attorney. Please complete our contact form on this page, and we’ll put you in touch with an attorney that can explain your options.

How to File a Construction Injury Claim

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The risk of working in the construction industry is significant. Even with the many safety programs and regulations in place, injuries occur regularly, and this industry is considered one of the most dangerous for workers. If you or a loved one has been injured while working construction, knowing where to turn to file a construction injury claim could make a difference in getting the compensation you deserve.

Understanding Prevention and Safety on Construction Sites

Construction workers need to follow safety protocols to the letter to ensure their wellbeing as well as that of other employees and bystanders. But the Occupational Safety and Health Administration (OSHA) also sets forth a long list of regulations that the employer must follow.

Some of the requirements of employers through OSHA include:

  • Provide safe equipment and tools
  • Remove any workplace hazards
  • Display and inform employees of OSHA regulations
  • Provide employees with a safety training manual
  • Establish a hazard communication program
  • Create exposure and medical records and make them available to employees
  • Provide employees access to relevant accident and injury records
  • Allow employees to request an OSHA inspection
  • Furnish employees with copies of past hazard tests

OSHA’s website provides a comprehensive resource that can answer questions about safety in the workplace. If you feel that your construction site violates OSHA standards, you can file a report online or contact the nearest OSHA office to register a complaint.

Filing a Construction Injury Claim

After a construction injury, you should seek immediate medical attention, whether your employer followed safety regulations or not. Once you get the treatment you need and have documented your injuries, it’s vital that you report the injury to your employer. Do this in writing and keep a copy for your records.

Your next step should be to speak with a knowledgeable construction injury attorney that can explain your options and protect your rights. Many injuries that take place on a construction site are covered by workers’ compensation. But you may also have the right to pursue a personal injury claim with opportunities for additional damages. Your attorney can explain these options and help you collect maximum compensation.

Workers’ Compensation vs. Personal Injury Claim

In most states, workers’ compensation is the sole remedy for a person injured on the job. This is an insurance program required by law for most employers that provides certain benefits to workers that are injured or become ill in the course of their employment.

Workers’ compensation provides coverage for medical care, temporary disability (lost wages), permanent disability, vocational rehabilitation, and death benefits. Workers’ compensation is meant to reduce employers’ costs, so it prohibits injured workers from suing their employer after an accident.

There are exceptions, however. If your injury was caused by a third party, you may be able to file a personal injury lawsuit allowing you to collect additional compensation such as pain and suffering. For example, defective tools or machinery can lead to an accident, as can the actions of a person or business that isn’t your employer.

Who Can Be Liable in a Construction Injury Lawsuit?

Workers’ compensation pays benefits regardless of fault. But personal injury cases are fault-based. In general, you can sue parties other than your employer in a construction injury case if they were responsible for your injury or occupational disease. Some examples of parties you might have the right to sue include:

  • Property owners– You may be able to sue a property owner if unsafe or hazardous conditions led to your injury.
  • Other contractors– If you were injured due to the negligent actions of another contractor that works for a different employer, you might have a personal injury case.
  • Manufacturers of tools and equipment– If a defective tool or piece of equipment caused your injury, you could file a personal injury lawsuit against the designer or manufacturer.
  • Other drivers– If you were injured in a vehicle accident, you may be able to hold the other driver accountable for your injuries.

Even if you were partially at fault in the accident, you may have the right to pursue damages against one of these parties. But most claims are met with strong resistance by insurance companies that want to avoid paying what a case is worth. It’s important that you speak with an attorney immediately that can investigate your case, preserve evidence, and pursue a positive outcome.

Speak With an Experienced Construction Injury Attorney

After a construction site accident, it is equally vital that you understand your legal rights and take action quickly. OSHA Injury Attorney’s primary goal is to ensure construction workers have access to the information they need to stay safe in the workplace and exercise their rights when necessary.

If you or a loved one have been injured on the job or have concerns about OSHA violations, please complete our contact form below. We will forward your information to a qualified construction injury attorney that will provide the assistance you need.

OSHA Guidance on Workplace Ventilation

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Ensuring adequate ventilation in the workplace can help to reduce the risk of worker illness and occupational disease. OSHA provides specific recommendations related to workplace ventilation. If you are a worker who believes that your rights related to proper ventilation have been breached, or if you have suffered an injury or illness as a result of improper ventilation in the workplace, please reach out to an OSHA Injury Attorney directly to learn more about your rights and how we can protect them.

OSHA Standards: Ventilation in the Workplace

Proper ventilation is key to maintaining or improving air quality in an indoor space, and OSHA has established ventilation standards for general industry, maritime, and construction. Because these guidelines vary slightly depending on industry type, it is important to familiarize yourself with the guidelines specific to the industry in which you work, or to consult with an attorney.

General industry

 General industry regulations related to ventilation are found in Standard Number 1910.94. A few of these regulations include:

  • When exhaust dust cannot be controlled by enclosure or exhaust ventilation, particulate filter respirators may be used for short, intermittent dust exposure;
  • A local exhaust ventilation system shall be provided and used wherever dry grinding, dry polishing, or buffering is performed; and
  • Ductwork must meet the requirements specified throughout the standard.

The above list is far from inclusive and should be thoroughly reviewed by all general industry employers.

Maritime

 Regulations related to ventilation for maritime workers are found in Standard Number 1915.51 and 1918.94, the former of which addresses ventilation requirements for welding, cutting, and heating, and the latter of which addresses ventilation and atmospheric conditions in general, including ventilation with respect to carbon monoxide, fumigated grains, grain dust, and more.

The ventilation requirements for welding, cutting, and heating hold that general ventilation should be of sufficient capacity to maintain welding fumes and smoke within safe limits, and that local exhaust ventilation must also be of sufficient capacity and able to remove fumes and smoke at the source. General ventilation must be provided whenever welding, cutting, or heating is performed in confined spaces.

The second standard requires that if natural ventilation is inadequate to keep carbon monoxide concentrations within allowable limits, supplementary means must be used.

Construction

 Construction industry ventilation requirements are addressed in Subpart 1926.57. Essentially, this section holds that any time that “fumes, mists, vapors, or gases” exist or are produced during construction, their levels and concentrations cannot exceed certain limits (found in Section 1926.55(a)). In order to ensure that concentrations do not exceed the set limits, ventilation may be used and, if it is used as a control method, it must be installed and operated according to certain requirements.

Section 1926.57(f)(4)(i) indicates that the “construction, installation, inspection, and maintenance” of exhaust systems must conform to the requirements set in the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems.

Ventilation During COVID

In addition to the general ventilation requirements addressed above, OSHA has also issued COVID-19-specific ventilation guidelines for all industries. These recommendations include, but are not limited to:

  • Ensuring that all HVAC systems are properly working and are fully functional;
  • Redirecting personal fans to ensure that air is not blowing from one worker to another;
  • Using HVAC filters that have a Minimum Efficiency Reporting Value (MERV) rating of 13 or higher;
  • Considering the use of portable High-Efficiency Particulate Air (HEPA) fans and filtration systems;
  • Using personal protective equipment (PPE) when changing air filters; and
  • Keeping exhaust fans in bathrooms on and ensuring that they are fully functional.

Your Rights When Ventilation Requirements Are Breached

When proper ventilation is not employed, especially in high-risk injuries like construction and maritime, workers may be at risk of suffering short- and long-term complications, ranging from respiratory illnesses to cancers and more. If you believe that your employer is failing to provide proper ventilation that is consistent with OSHA requirements, you should consult with an attorney. An attorney can guide you through the process of filing an OSHA claim, as well as pursuing workers’ compensation insurance benefits if you have been injured or have developed an occupational disease.

OSHA Injury Attorney’s Mission

The goal of our OSHA Injury Attorneys is to make sure that workers have access to information about their rights and how to stay safe in the workplace. When workers’ rights are breached, it is important that they seek the guidance of an attorney who can provide guidance and legal support in helping workers pursue damages and recover compensation. If you have concerns about your employer’s failure to meet ventilation requirements, or if you have been injured on the job, please complete our contact form and we will forward your information to a qualified workplace injury attorney.