Personal Injury
What’s An Oklahoma Employer’s Safety Obligation During an Earthquake?
Oklahoma residents are familiar with volatile weather phenomena of all types, from blizzards to tornadoes. However, the recent earthquake took many by surprise, and shook up employers who may have considered the earthquake clause in their operational safety obligations to be a far fetched concern. What is an employer’s safety obligation in the event of a natural disaster? What is good additional practice? A recent piece by News OK addressed those questions and a few surrounding issues. Below are the main points.
- Under both state and federal law, Oklahoma businesses are required to have an emergency action procedure ready to execute. Those who employ over ten people must put that plan in writing, while smaller companies can tell employees in person. At the very least, such a procedure should address evacuation, operational issues, and emergency contact information for family members.
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Halliburton Sued For Oklahoma Groundwater Pollution
Corporate giant Halliburton is facing lawsuits for allegedly causing groundwater pollution surrounding a former work site in Oklahoma that performed missile casing maintenance for the U.S. Department of Defense (DOD). According to recent reporting by the Insurance Journal, the company carried out its missile maintenance duties at a semi rural location near Duncan, OK, from 1965 to 1991. The site was shut down part way into the 1990s.
The company admitted that an ingredient to the missile fuel (ammonium perchlorate which is a salt that is easily assimilated into water) was found in the ground and in nearby residential water sources near the work site. It also said that it was in the process of assessing the degree of tainting to the water, and would provide bottled water in the interim, and potentially a temporary safe water system if necessary. It did not release a liability and property damage speculations; however, a filing with the U.S. Securities and Exchange Commission (SEC) claims it has made estimates.
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Oklahoma Community Files Suit Against Big Energy Company
In the small town of Bokoshe, Oklahoma, toxic coal ash is unloaded in large truck loads by a local power plant. And after years of battling illnesses and gridlocked, bureaucratic state authorities on the hazardous civic problem, its residents have filed a class action lawsuit against over 20 businesses and individuals associated with the dumping zone, including the power plant’s owner/ international energy powerhouse AES Corporation.
Town residents involved in the lawsuit say the coal ash (also known as fly ash) has riddled their small community with elevated instances of cancer and respiratory diseases. Out of the 30 households in the nearest proximity to the dumping grounds, over one half have suffered cancer, according to reporting by News 6. Over 500 individuals residing in Bokoshe, or within three miles of the dump zone, are part of the lawsuit. In addition, those involved have put together an advocacy group and an accompanying web site with information and videos regarding the lawsuit and its surrounding circumstances. The suit alleges that the defendants oversaw the disposal of toxic waste into a residential area, and also launched efforts to deceive the local community with misinformation about the health risks associated with the dumping activities. Its goal is to stop the dumping, clean the area of waste, and provide remuneration for the treatment of any illnesses resulting from the exposure or damages to property.
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Be Safe this Halloween by Using Suggestions from the CPSC
While Halloween is one of the most festive and celebrated holidays of the year, accidents and injuries regularly occur for many reasons. Some of the common culprits include accidental fires, pedestrian visibility, and dangerous costumes. Thankfully the majority of these incidents can be avoided, according to the U.S. Consumer Product Safety Commission (CPSC). The agency outlined a few of the main offenders for producing Halloween injuries and a safety checklist for preventing them in a recent release. Let’s take a look at the key points.
Fire ranked among the largest causes of dangerous accidents. The National Fire Protection Association (NFPA) says Halloween is one of the worst days every year for accidental fires. To minimize fire risks, use battery operated devices in lieu of candles, lanterns, or pumpkins. Also, only choose costumes made of flame resistant materials, and be careful when constructing your own as they will not be subject to the Federal Flammable Fabrics Act (FFA), which mandates costumes offered at stores to be certified flame retardant. If you do make your own costume, fabrics like nylon and polyester have natural fire resistant qualities.
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New Rollover Protective Structure Helps Decrease Tractor Rollover Injuries
Accidents involving tractor rollovers are amid the highest reasons behind farm and agricultural fatalities. Around 80 percent of accidents resulting in injury on farms stem from a tractor incident, and many of those include a rollover. Operators can take precautions to decrease the risk of rolling over, such as maintaining a slow speed, making turns and maneuvers slowly, refraining from making turns while moving uphill, and gaining a solid command over the vehicle through practice prior to operating it in a working environment. Outside of a driver’s operation, the most efficient measure to prevent rollovers is known as a Rollover Protective Structure (ROPS).
The structure is basically a specially designed metal bar that protects the rider in the event that the tractor tips over. After being manufactured, an ROPS is put through thorough tests by the American Society of Agricultural Engineers to verify that the unit will sustain numerous levels of impact on the shielded area around the operator. Be sure to confirm a valid certification for a ROPS with the dealer. Homespun apparatus used as a substitute are not adequate and can even put an operator in additional peril due to amateur design defects or installation flaws. In combination with a ROPS system, tractor operators must use safety belts at all times to ensure protection in an accident.
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Drowning Risks Still Exist After Pool Season Ends
Although Labor Day marks the unofficial close of outdoor swimming pool season, drowning risks for young children are significant year-round. According to recent data from the U.S. Consumer Product Safety Commission (CPSC), “drowning is the leading cause of unintentional death among children ages 1 to 4.” The biggest risks are found inside the home with around 92 percent of drowning incidents happening in residential settings, according to the agency.
The CPSC reports 660 submersion household water accidents involving children younger than five years old, from 2005 to 2009. Out of those, there were 431 deaths, 212 injuries and 17 accidents with undetermined injuries. Most of the victims were under two years old and involved baths or bath-related products (the leading cause of drowning for children behind swimming pools), while buckets, containers and even landscaping equipment were also involved in accidents.
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Starting the School Year Safe
The start of the school year can be a blur of activities that include gathering classroom supplies, picking out new clothes, and getting ready for athletic practices. However, it’s crucial that all families make safety awareness and discussion part of their hectic schedules. The U.S. Consumer Product Safety Commission (CPSC) has offered some of the following guidelines on back to school safety.
- Make sure your kids’ coats, jackets and “hoodies” do not have long strings attached to any portion of the garment, top or bottom. The CPSC reported 26 instances of fatalities involving children when a drawstring became stuck in playground equipment, a school bus door and other objects. “New regulations specify that you shouldn’t be able to see more than 3 inches of the string when the clothes are stretched wide,” the agency notes.
- One of the most important accessories in your child’s back to school wardrobe should be a helmet if he or she rides a bike, scooter, skateboard or anything else with wheels to school. The helmet must fit snug and secure (it should not move around on the head), without being uncomfortable or obtrusive. Consult a professional bike shop for the right fit. Helmets that have adjustable back straps for tightness and customizable padding typically work well.
Family Of Oklahoma Burn Victim Sues Propane Tank Manufacturers
After an explosion in June at Bill Dog’s Saloon in Caney, Oklahoma, the family of a man who was critically burned in the accident is suing the manufacturers of an allegedly faulty propane tank.
As reported by NewsOK, a 32-year-old man was inside the structure when it exploded, just before 7:30 a.m. on June 5. The man lit a cigarette, according to officials, which triggered the blast.
The man’s attorney said the victim retained burns on more than 78 percent of his body and was left without a nose or ears. Surgeons were forced to amputate part of his foot as well as a finger. The attorney also said his client has been in a medically induced coma for the past month and is fighting burn infections.
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Man Dies after Lawton Factory Accident
A 26-year-old man from Duncan has died after falling into some machinery at his workplace, according to a report in The Oklahoman. The man was cleaning a piece of equipment that uses an auger at a plant in Lawton when he fell in and became trapped. Emergency workers worked for nearly two hours to free the man, who was entangled from the waist down. Lawton Fire Department Lt. Steve Thornton said, “His legs were caught in an auger. They used a forklift to stabilize the auger while cutting it in two (pieces), lifted up the auger and pulled him from the machinery.”
After being freed, the man was taken in an ambulance to a nearby hospital. He died not long after his arrival from severe injuries. The vice president of operations at the plant said that the company will be conducting an in-house investigation into the Oklahoma workplace accident as well as cooperating with all government agencies to discover the cause of the tragedy. A spokesman for the Occupational Safety and Health Administration (OSHA) said that the agency will be investigating the incident.
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Bethel Acres Family in Fear of Pack of Dogs
In Bethel Acres, a family is worried for the safety of their children after discovering a pack of neglected dogs next door to their property. KFOR News reports that more than a dozen dogs have been left outside without food or water in the summer heat. The dogs have been wandering to neighboring properties in search of food, according to the parents of the children, even killing some of the family’s chickens. The father is concerned that the dogs may go after his children, saying, “(The dogs) got the taste of blood. You don’t know if it’s going to turn on to a kid or what it could be next.”
The neighbor, who is keeping the dogs, says that he is trying to give away the animals. He claims that the dogs were dumped there and he has been doing his best to care for them but cannot afford to feed them all. The man says, “The pound won’t let me take (the dogs) to them because we live out of county. If they come pick them up, they charge me $20 to $40.” According to the Bella Foundation, an organization that helps animals in the Oklahoma City area, most shelters do not charge a fee to drop off a stray and there are several pet adoption agencies that would be willing to help.
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