Forensic Engineers and Consultants

Archive: Workers’ Compensation

Machine Guarding and Risk Assessment

The Occupational Health and Safety Administration (OSHA) “Top 10 for 2018” violations once again have Machine Safeguarding earning a position on the list. Machine safeguarding was the 9th most cited standard as noted in the list below:

  1. Fall protection, construction (29 CFR 1926.501)
  2. Hazard communication standard, general industry (29 CFR 1910.1200)
  3. Scaffolding, general requirements, construction (29 CFR 1926.451)
  4. Respiratory protection, general industry (29 CFR 1910.134)
  5. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
  6. Ladders, construction (29 CFR 1926.1053)]
  7. Powered industrial trucks, general industry (29 CFR 1910.178)
  8. Fall Protection–Training Requirements (29 CFR 1926.503
  9. Machinery and Machine Guarding, general requirements (29 CFR 1910.212)
  10. Eye and Face Protection (29 CFR 1926.102)

(Source: www.osha.gov/Top_Ten_Standards.html)

This is down one in the order from 2017 where Machine Safeguarding was the 8th most cited standard. OSHA 1910.212 (a)(1) states: “Types of guarding.  One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards associated with those created by the point of operation, ingoing nip points, rotating parts, flying chips and sparks.  Examples of guarding are-barrier guards, two-handed tripping devices, electronic safety devices, etc.”

So, what goes into an effective “Machine Guard”?  Well before you can guard, you must first understand the risk(s) associated with a machine.  Which leads us to the subject of this blog, risk assessment.

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Unguarded Shear point 1 white

Unguarded Shear Point on Force Tester Amputates Worker’s Finger

A worker was injured while testing gas springs similar to the type that hold the hatchback of an SUV open. The hazard that injured the worker was an unguarded shear point. The tester contained a mounting plate that was raised and lowered by a pneumatic cylinder.

The pneumatic cylinder lowered the mounting plate while the worker’s fingers were in the hazardous, unguarded shear point. Read More

Electric Hazard Guardrail photo

Hazards Can Lurk Anywhere … Watch Your Step …

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While on a lunch stop during a recent vacation trip through Tennessee, I happened across a safety hazard that required immediate attention.  The establishment had a raised concrete patio at the front with a steel railing around the perimeter.  At one edge of the patio was a set of stairs with a continuation of the steel railing used as a handrail.  The top edge of the patio had light strings wrapping the top metal bar as accent lighting for the perimeter.  The light string continued down the stair handrail wrapped in the same manner as the rest of the patio. Read More

3D Collision Impact Angle

Why investigators should have “Scaled Diagrams” of scenes?

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When it comes to diagramming a crash scene, there are several methods to complete the task. Forensic Mapping, (locating, positioning, and documenting the evidence of a collision scene to scale) is essential to having the answers to the questions “Who, What, Where, When, and Why”. Photographs do a great job showing what the investigators saw post collision; yet they lack scale and the ability to describe pre-collision movement. Having a computer aided diagram (CAD) of the collision scene goes much further than the pictures can; here is why.

basic intersectionA scale diagram gives the full overview of a collision scene from either a 2D or 3D point of view. Being able to see how things lined up, how they came together and how they parted helps explain the events within a crash. When a scene can be viewed from top down or any angle, that helps relay the facts. The investigator, judge, or jury will get Read More

box bailer

Defective Vertical Baler Causes Serious Crush Injury to Operator’s Arm

I recently worked on an interesting case involving a box baler. An employee of a butcher shop put some empty cardboard boxes in a vertical box baler and pushed the control switch to compact the boxes. After the 30 by 60 inch platen weighing 851 pounds returned to its raised position, the employee reached into the open space above the bottom door on the baler and began to clear cardboard from the bale tie slots in the bottom of the raised platen. Suddenly, and without warning, the steel pin attaching the platen to the raised hydraulic cylinder rod failed. The heavy steel platen fell and crushed his arm which was outstretched over the baler door into the compaction space.

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Figure 1: A typical warning found on a confined space.

Permit-Required Confined Spaces – What You Need to Know to Safely Enter (and Exit!)

According to the OSHA regulations, a confined space is anyplace that meets the following criteria:

(1)   Is large enough and so configured that an employee can bodily enter and perform assigned work; and
(2)  Has limited or restricted means for entry or exit; and
(3)  Is not designed for continuous employee occupancy. Read More

A close-up view of the steel column.

Timber – Falling Beam Strikes Worker

As an experienced safety consultant, I have investigated many serious injuries and deaths at construction sites over the past 39 years. The United States Department of Labor reports that the fatal injury rate for the construction industry is highest of all industries in the nation. Out of 4,386 worker fatalities in private industry in calendar year 2014, 899 or 20.5% were in construction i.e., one in five worker deaths were in construction. Read More

Figure 2. A detail of the CAD model showing the area in which the firefighter was injured.

Firefighter burned due to improper industrial oven design and operation

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Industrial ovens and furnaces are used in many manufacturing processes.  One use of industrial ovens is for drying and curing coatings on fabrics.

I investigated a fire loss involving a very large oven, 10 stories high, used for curing coatings on an industrial fabric. A young firefighter was burned in response to this fire, one of a string of many fires that had occurred involving the oven.

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Workers Compensation Subrogation Potential: Top 4 Data Needs for Experts

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Oftentimes, an insurance adjuster may suspect that the potential exists for a workers compensation claim to be subrogated, but would like a second opinion from an expert before launching a full-blown investigation; alternately, the adjuster may hold the opinion that the subrogation potential is not great, but would like a second opinion for confirmation of his view. Read More

Who Else Owns This Construction Loss Course

When a worker is badly injured on a construction site, adjusters or investigators are often hired to determine pursuit or defense of a subrogation case.  This slideshow gives an overview of several real-world investigations and helps viewers understand some of the issues involved in construction related subrogatable incidents. Read More

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