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What fatal accidents are on the rise in OSHA Region VII?

By Erik Dullea on August 8, 2018
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Last month, OSHA’s administrator for Region VII issued a press release announcing the agency’s intention to counter the increase in work-related fatalities in Kansas, Missouri and Nebraska. During the current fiscal year (Oct17-Sep18), OSHA has investigated 34 fatalities in these states.  Sadly, that number has continued to rise in the weeks since the press release was issued.  What can we learn from this announcement?

Unfortunately, the data surrounding 34 investigations is incomplete. OSHA has not yet published fatality reports for 20 of the investigations it has conducted this year. OSHA has six months to complete its investigations after an accident or incident, which may explain in part why there is no information available for many of those investigations.

Based on the accident reports that OSHA has published, we have the following information:

Fiscal Year 2018 Fatality Reports Hazard Description
Kansas 6
  • Trench collapse
  • Fall from communication tower
  • Struck by object (Stored energy LOTO)
  • Gunshot/violence
  • Struck by load falling from crane
  • Crushed by raised truck bed (Stored energy LOTO)
Missouri 3
  • 2 falls – from roof and down elevator shaft
  • Electrocution
Nebraska 5
  • 2 crushed by vehicle – loading dock and tree
  • Falls from roof and scaffold
  • Slip and fall on ice – head impact

 

If we examine the types of hazards that led to fatality reports last year, we see:

Fiscal Year 2017 Fatality Reports Hazard Description
Kansas 9
  • Engulfed in grain bin
  • Chemical fire
  • Struck by loader
  • Ceiling collapse during demotion
  • Electrocution
  • Crushed by forklift
  • 2 falls – from roof
  • Struck by materials while handling
Missouri 7
  • Crushed by raised vehicle
  • Electrocution
  • Struck by moving blade after guard removed
  • Fall from concrete form work
  • Struck by falling tree branch
  • Tetrazine explosion
  • Office slip and fall – surgical complications
Nebraska 2
  • Crushed by loading dock (Stored energy LOTO)
  • Entangled in conveyor belt

What do we learn about where should you focus?

Even if we ignore the fatality reports that have yet to be published, Region VII is unfortunately on pace to match or exceed the total number of fatality reports that were published last fiscal year (Oct16-Sep17).

One important caveat to that observation is that the comparison does not take into account the total number of employees working and the total hours worked in Region VII during the last two years. If total employment and hours worked have increased, it is possible that the rate or percentage of fatal accidents may be lower or constant as compared to FY2017.  The data necessary to complete that calculation is not readily available.

Nevertheless, the fatality reports available for FY2017 and FY2018 do offer some insight into the hazards that are likely to contribute to workplace fatalities. They are:

  • Falls from height;
  • Electrocution;
  • Inadequate / removed guards on machinery; and
  • Human contact with powered industrial trucks / related equipment.

Employers in Region VII should give these hazards additional attention, if for no other reason than the simple fact that these hazards are commonly associated with workplace fatalities. From a compliance and enforcement standpoint, whether the fatality data actually shows an increase or not from last year to this year, it is important for employers to understand that OSHA personnel believe an increase has happened and therefore will be taking steps to reverse that trend. OSHA will be keeping an eye on these issues, so you should, too!

Photo of Erik Dullea Erik Dullea

As head of Husch Blackwell’s Cybersecurity practice group, Erik assists clients in all aspects of cybersecurity and information security compliance and data breach response. Erik previously served as the acting deputy associate general counsel for the National Security Agency’s cybersecurity practice group before…

As head of Husch Blackwell’s Cybersecurity practice group, Erik assists clients in all aspects of cybersecurity and information security compliance and data breach response. Erik previously served as the acting deputy associate general counsel for the National Security Agency’s cybersecurity practice group before returning to the firm in 2023.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Safety Law Matters
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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