Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, 4 July 2016

Heat Exhaustion

Outdoor workers include any workers who spend a substantial portion of time outdoors. These workers are at risk of heat-related illness when the heat index is high. Window cleaners are more prone to heat illness than other kinds of jobs due to heat reflection off glass & long periods without access to water.
HEAT ILLNESS CAN BE DEADLY: The body normally cools itself by sweating. During hot weather, especially with high humidity, sweating isn't enough. Body temperature can rise to dangerous levels if you don't drink enough water and rest in the shade. You can suffer from heat exhaustion or heat stroke. In 2014 alone, 2,630 workers suffered from heat illness and 18 died from heat stroke and related causes on the job. Heat illnesses and deaths are preventable.


Employers must protect workers from excessive heat. Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

  • Provide workers with water, rest and shade.
  • Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.
  • Plan for emergencies and train workers on prevention.
  • Monitor workers for signs of illness.

To prevent heat related illness and fatalities:

  • Drink water every 15 minutes, even if you are not thirsty.
  • Rest in the shade to cool down.
  • Wear a hat and light-colored clothing.
  • Learn the signs of heat illness and what to do in an emergency.
  • Keep an eye on fellow workers.
  • "Easy does it" on your first days of work in the heat. You need to get used to it.
  • Working in full sunlight can increase heat index values by 15 degrees Fahrenheit. Keep this in mind and plan additional precautions for working in these conditions.

Who is affected?

Any worker exposed to hot and humid conditions is at risk of heat illness, especially those doing heavy work tasks or using bulky protective clothing and equipment. Some workers might be at greater risk than others if they have not built up a tolerance to hot conditions, including new workers, temporary workers, or those returning to work after a week or more off. All workers are at risk during a heat wave.

What to do if a worker becomes ill? Call a supervisor for help. If a supervisor is not available, call 911. Have someone stay with the worker until help arrives.

Two primary sources of heat for workers: Workers become overheated from two primary sources: (1) the environmental conditions in which they work and (2) the internal heat generated by physical labor. Heat-related illnesses occur when the body is not able to lose enough heat to balance the heat generated by physical work and external heat sources. Weather conditions are the primary external heat sources for outdoor workers.
Using the Heat Index: A Guide for Employers. 
Outdoor workers who are exposed to hot and humid conditions are at risk of heat-related illness. The risk of heat-related illness becomes greater as the weather gets hotter and more humid. This situation is particularly serious when hot weather arrives suddenly early in the season, before workers have had a chance to adapt to warm weather.

For people working outdoors in hot weather, both air temperature and humidity affect how hot they feel. The "heat index" is a single value that takes both temperature and humidity into account. The higher the heat index, the hotter the weather feels, since sweat does not readily evaporate and cool the skin. The heat index is a better measure than air temperature alone for estimating the risk to workers from environmental heat sources.

Heat-related illness can be prevented.

OSHA does not have a specific standard that covers working in hot environments. Nonetheless, under the OSH Act, employers have a duty to protect workers from recognized serious hazards in the workplace, including heat-related hazards. This guide helps employers and worksite supervisors prepare and implement hot weather plans. It explains how to use the heat index to determine when extra precautions are needed at a worksite to protect workers from environmental contributions to heat-related illness. Workers performing strenuous activity, workers using heavy or non-breathable protective clothing, and workers who are new to an outdoor job need additional precautions beyond those warranted by heat index alone.

Workers new to outdoor jobs are generally most at risk for heat-related illnesses. For example, Cal/OSHA investigated 25 incidents of heat-related illness in 2005. In almost half of the cases, the worker involved was on their first day of work and in 80% of the cases the worker involved had only been on the job for four or fewer days. That's why it's important to gradually increase the workload or allow more frequent breaks to help new workers and those returning to a job after time away build up a tolerance for hot conditions. Make sure that workers understand the risks and are "acclimatized".

Friday, 6 September 2013

Western Australian Height Workers Let Down By Anchors

Don't look down: report suggests safety of almost half workers at height in WA could be at risk.
Half of Western Australias height workers could be at risk: Almost half of WA's maintenance workers are risking their lives on top of Perth's tall buildings due to unfit safety devices, according to a peak safety industry body.

In a study 268 out of 608 roof anchors, used to connect a worker's safety harness to a building, were found to be incorrectly installed and useless in the event of a fall, a recent audit of Perth buildings revealed. The Working At Heights Association audit included a cross-section of both single and multi-storey commercial premises throughout Perth, including universities, warehouses, retail stores and offices.

The audit found that buildings with unfit safety devices varied in age and there was no difference between equipment installed recently or over time. Those at risk included maintenance workers who are required to work from height such as painters, window cleaners and repairman.

WAHA secretary Gordon Cadzow said said it showed that height safety is often overlooked outside the construction industry and "desperately hoped" the findings would bring change to the regulation of safety device installation. "20 Australians are killed at work by falls from height each year - a figure that has remained constant over the last eight years," he said.

While falls from height remains of the biggest causes of workplace death, no data is collected on whether unfit safety devices are to blame, Mr Cadzow said. "The problem is that it's not being policed," he said. "The statistics aren't able to tell you whether inadequate fall prevention systems contributed to the final outcome." Mr Cadzow said there was no penalty for the incorrect installation of safety devices.

One in three safety devices unfit to save lives (by Kevin Jones): On September 3 2013 I will be on a panel in Sydney discussing issues associated with working at heights. Below is a media release (not yet available online) about the panel and some recent data on working at heights risks. The quotes are mine. Inaction by policy makers is putting lives at risk and now, says a peak safety industry body, there are the numbers to prove it.

On September 3 2013 I will be on a panel in Sydney discussing issues associated with working at heights. Below is a media release (not yet available online) about the panel and some recent data on working at heights risks. The quotes are mine. Inaction by policy makers is putting lives at risk and now, says a peak safety industry body, there are the numbers to prove it.

The Working At Heights Association (WAHA) will host a crisis summit on Tuesday at The Safety Show Sydney, where it will reveal that one in three roof anchors are unfit for use. Of the 3245 anchors audited by association members over the last three months, 2260 were deemed unusable.
Part of the problem, says WAHA secretary Gordon Cadzow, has been the lack of awareness of the number of inadequate safety systems on Australia’s rooftops.

“Falls from height are one of Australia’s biggest causes of workplace deaths but the statistics aren’t able to tell you whether inadequate fall prevention systems contributed to the final outcome,” Mr Cadzow explains.
Twenty Australians are killed at work by falls from height each year – a figure that has remained almost constant over the last eight years.
OHS commentator and author of the SafetyAtWorkBlog, Kevin Jones, says height safety is often overlooked.
“The ‘fails’ identified by members of WAHA are of great concern and shine a light on an area of construction and maintenance services that few of us ‘ground dwellers’ really consider or understand,” Mr Jones says.
Regulators, too, seem to have a blind spot when it comes to safe work at heights outside the construction industry, says Mr Cadzow.
“The regulators will tell you that the law mandates the job has to be done properly by a competent person,” Cadzow says. “The problem is that it’s not being policed.”
The alarming survey results offer a serious challenge for Safe Work Australia, regulators and OHS decision makers, says Kevin Jones.
“WAHA’s survey is trying to get us to look up and not only to look but to see,” Mr Jones says. “Working at heights is an acknowledged hazard in the construction industry but remains a ‘hazard in progress’ in others. WAHA’s data should start a safety conversation but the test of the survey’s value will be what solutions are offered. Discussion must always lead to action, particularly on safety matters.”
Gordon Cadzow desperately hopes Tuesday’s summit will bring change. Prominent OHS lawyer and author, Michael Tooma will facilitate public discussion and a panel of experts including representatives from WorkCover NSW, construction, international height safety bodies, the occupational health and safety sector and WAHA itself.
“Our association was established years ago after a fatality and we continue to dedicate our efforts to stop it happening again,” Mr Cadzow says. “There’s nothing like a death to make you think in a different way.”
The fall prevention industry crisis summit will include an open discussion and, at its conclusion, WAHA will ask for a show of support from the public. Attendance is free but organisers say seating is limited.

Sunday, 15 April 2012

New York Window Cleaning & Elevated Work Accidents


NYPD And FDNY Squabbled Over Scaffolding Rescue: On Friday, the FDNY and NYPD pulled off a dramatic rescue after three window washers were suddenly clinging to life on scaffolding that broke outside a building, 15 stories above 65th Street street. Except it turns out that the 10 minute rescue wasn't exactly pulled off in simpatico: police and firefighters launched separate rescue efforts concurrently, and have been trading barbs about it ever since.

Emergency Service Unit Detectives James Coll rappelled down the side of the building to the workers while a colleague monitored him from the roof. At the same time, firefighters entered a 17th-floor apartment to rescue the men through the windows. In the end, both were necessary to rescuing the workers. But FDNY Battalion Chief Michael Massucci argued in the press that Coll took an unnecessary risk: “I didn’t see the need for him to put himself in harm’s way...The city protocol is that FDNY has all life, safety and rescue operations." Coll retorted: “Well, we’re trained to do this. We have some of the best training and the best equipment to do this.”

Glenn P. Corbett, an associate professor of fire science at John Jay College of Criminal Justice, told the Times that the lack of coordination was ridiculous: “This is an ongoing issue that’s been around for a long time, and I think the real critical part is that we were told, several years ago, that the citywide incident management system fixed this, and it did not fix it,” he said. “This was an issue on 9/11, with separate command posts for the Police and Fire Departments, and there continue to be instances where coordination is missing now.” Such as the 911 response system.

New York City Window Washing Accident: In New York City, window washer accidents, like ladder fall accidents, may occur even if the worker takes adequate precautions. In the event of window washing injuries or death, New York has special legal protections for window washers. Window washing is inherently risky because it is done at dangerous heights. In New York City, window washer accidents, like ladder fall accidents, may occur even if the worker takes adequate precautions. In the event of window washing injuries or death, New York has special legal protections for window washers.

Laws that Protect New York Window Washers from Window Washing Injuries and Death: New York state laws require window washer employers to provide their window washing employees with sufficient training and appropriate safety equipment.  The two laws which specifically protect window washers are New York Labor Law Section 240 and New York Labor Law Section 202. If violated these laws provide the basis for a lawsuit. New York Labor Law Section 240, also known as New York's Scaffold Law, protects all workers who work at elevated heights, including window washers. Under this law, building owners and general contractors are obligated to provide workers with proper protection against gravity-related accidents in New York, such as a fall from a ladder. Required safety measures can include secure ladders, anchorage points, safety vests, lifelines, and harnesses. Section 240 places "strict liability" on the part of the property owner and general contractor in the event
  • 1. A laborer suffers window washing injuries or death as a result of not having proper protections.
  • 2. A ladder, scaffold or other raised work platform is defective and causes the window washer to fall from a height sufficient to cause injury or death.
The term 'strict liability' means that the property owner or contractor may be held liable for compensatory damages paid to the injured window washer, even if the window washer was partially negligent and/or using his own tools. New York Labor Law Section 202 requires owners of buildings, managing agents, window washer employers to provide and require use of proper protection and safety devices to clean exteriors of buildings. More specifically, the owner of a building in New York must have structural features and anchors or other fixed devices on the building for the window washer's protection prior to allowing a worker to clean a window. This means that, according to the law, window washers should not even be permitted to clean unless proper protection is provided. Window washing must be done in a safe manner in conformity with the law's requirements and the rules of the board of standards and appeals.

Workers injured in New York window washing accidents should contact a New York work accident lawyer who has experience representing the victims of a wide variety of manual labor injuries, including those stemming from window washing accidents. If a window washer gets injured due to a violation of these laws, he or she may be entitled to receive compensation for lost wages, medical bills, reduced earning capacity and for pain, suffering and disability. If you are a window washer injured in a fall, don't assume you only have New York Workers' Compensation to cover your medical care and loss of earnings. You may be entitled to seek significant money damages for your window washing injuries. It is important for window washers to clearly understand their full legal rights following New York City window washer accidents.

Injuries Sustained From Workers that Wash Windows: Window washing accidents can occur because of a number of factors. Injuries are caused by faulty or insufficient safety devices. Poor worker training is also a cause of many manual labor injuries. Scaffold and ladder fall injuries are often very serious because they involve falls from heights. Common window washing injuries (ladder fall and scaffold fall) include back injuries, head injuries, severe fractures, spinal cord injuries or broken bones. After a scaffold or ladder fall accident, even an experienced window washer may suddenly be unable to ever work again. A number of victims of New York City window washing accidents suffer fatal injuries.
Victims of New York City window washer accidents and/or their families need to understand their rights.

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