OSHA Proposing Fines in Cell Tower Collapse that Killed 2

BLAINE, Kan. – Following the death of two workers from the collapse of a cell tower they were dismantling March 25, the U.S. Department of Labor's Occupational Safety and Health Administration has cited Wireless Horizon Inc. for two willful and four serious safety violations. OSHA placed the company in the Severe Violator Enforcement Program* following the incident. So far in 2014, 11 workers have lost their lives nationwide in the communication tower industry; and 13 deaths occurred in 2013. No more falling workers. Disturbing trend in communication towers-related workder deaths "Two families have lost their loved ones in a preventable tragedy. No one should ever have to endure that loss. Inspecting and ensuring equipment is in good working order is a common-sense safety procedure that stop injuries and fatalities," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA expects tower owners and operators, such as Wireless Horizon, to protect their workers on job sites in this hazardous industry by increasing training and implementing all known safety precautions. Our nation's growing need for telecommunications should not cost workers their lives." The tower technicians, ages 25 and 38, were using a load-lifting gin pole attached to the side of the tower with a wire rope sling. The sling failed, causing the gin pole to fall and bring the tower down with it. One of the employees was above the gin pole near the top of the tower, and the second employee was approximately 20 feet below the pole. Both workers fell to the ground during the collapse. As the tower fell, it also struck an adjacent tower, causing it to crumble as well. One of the employees had been with the company two months, while the other employee had only been working there for five months when the incident occurred. OSHA's inspection found that the equipment the company provided the workers was in poor repair. The company did not use proper engineering plans to ensure the workers were protected against this type of collapse. OSHA's investigation found that Wireless Horizon failed to inspect the wire rope slings prior to use and provide protection to the slings when rigged over sharp objects. These failures resulted in the issuance of two willful violations. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. Wireless Horizon also failed to conduct an engineering survey and develop a rigging plan prior to beginning the demolition process. Additionally, the company did not provide the technicians a load chart for the gin pole in use or operator manuals. OSHA issued four serious citations for these violations. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. OSHA has proposed penalties of $134,400 for the company, based in St. Peters, Missouri. Wireless Horizon employs approximately 60 workers, including four that were present at the Blaine job site on the date of this fatal incident. To view current citations, visit http://www.osha.gov/ooc/citations/WirelessHorizonInc_964654_0919_14.pdf*. This company has been inspected by OSHA on two previous occasions since 2005, and OSHA issued multiple serious violations both times. OSHA is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands their responsibility to protect workers performing this very dangerous work. OSHA has created a Web page targeting the issues surrounding communication tower work to help employees and employers better understand the risks of tower work and how to prevent injuries and fatalities in this industry. Wireless Horizon has 15 business days from receipt of the citations to comply; request an informal conference with OSHA's area director in Wichita, Kansas, or contest the findings before the independent Occupational Safety & Health Review Commission. To ask questions; obtain compliance assistance; file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742). Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov. If you or a loved one are victim of a Connecticut Construction Accident please call our office for a free discussion on your rights under our Connecticut Worker's Compensation Laws.

"Just What Does He Mean When He Says 'PPD?"

Connecticut Worker's Compensation has its own unique language. Those of us who practice Connecticut Worker's Comp Injury Law know the ins and out just like a ative speaker of a foreign language. But what about you? What is a Form 36? What is MMI? Or PPD? Or, the ever mysterious RME? Well, fortunately, the Connecticut Worker's Compenssation Commission publishes a handy, free, dictionary of Connecticut worker's comp terms. It can be found here: http://wcc.state.ct.us/glossary/glossary.htm So, the next time you need to know, and it's 2AM and our office is closed, take a look. And then, as always, if you have any questions about your Connecticut Worker's Comp Claim, give us a call at 860-523-8783. We'll be happy to help!

Connecticut Town Employee Worker's Compensation Claims

There are a large number of workers injured on the job in Connecticut. With 169 different cities and towns here, each one has its own particular way of handling on the job injuries. From Hartford police officers and West Hartford Firefighters to Windsor Sanitation and Public Works employees these workers can become injured in many different ways and often, are entitled to specialized workers compensation benefits under Connecticut law. Each year our office handles many Connecticut town employee injury claims. From dog bites and police cruiser accidents to heart attacks, hypertension and even death, we have the experience and expertise needed to handle these special claims. If you are employed by a city or town in Connecticut, and are injured while working in Hartford, West Hartford, or any of the surrounding towns you owe it to yourself to consult with an experienced Connecticut Town work injury lawyer. We will be sure that you receive the fullest compensation available to you under Connecticut Law. Call today for a free consultation. There are no fees or costs of any kind unless we recover money for you.

Job Searches

The quality of a claimant's job searches while collecting temporary partial benefits in connection with you Connecticut Worker's Compensation Claim is a source of frequent consternation to insurance adjusters. To ensure the timely, uninterrupted receipt of your comp checks, it is imperative that you send us 5 quality job searches for jobs consistent with your restrictions, every week. In a week that a quality search is not received, it is conceivable and quite common that the comp carrier will request a hearing to terminate your benefits. Make both your life and our job easier by getting us your searches in every week and on time. Sending in 8 weeks of job searches in 1 envelope and expecting payment is not realistic and the Commissioners will generally side with the insurance company if such happens consistently. help us help you!

Age and Social Security Disability

SSD FAQ: Is it easier to get approved for Disability after age 50? Answer: Generally yes, depending on your specific situation. The SSA's "ability to work" rules are more relaxed for applicants who are 50 and older. As a result, a 50-year-old may be approved even though he or she is able to do some kind of work whereas a 49-year-old with the same qualifications may be denied. There is no cost or obligation to receive a free evaluation to discuss your specific case and potential eligibility for benefits.

Year End Brings Settlement Time

As the year begins to draw to close, insurance companies begin to think about getting older cases off their books. This can be used to your advantage if you know how to accurately price a case for settlement. We have 27 years of experiencing in resolving all manner of worker's compensation claims. If you have an older claim, or you once had a claim in Connecticut but have since moved away, call us. We may be able to help you find value in your case. And wouldn't

that be a nice way to end the year!

Scarring Awards in the Current Worker's Comp Landscape

In a few certain, specific situations, an injured worker in Connecticut can still be awarded a monetary allowance for scarring or disfigurement. Notably, a scar on the face still qualifies for compensation. The value of the scarring award is at the discretion of the Commissioner and HAS to be assessed in the time between year one and two, after the initial injury. If you require further clarification or think you need help claiming a scarring award, please feel free to contact our office for a free consultation.