Three more Iowa deaths from confined space accidents prompted me to post again about confined space safety. One death was that of a 16-year-old boy under a boat and two other's out of Sioux City area were involved in clearing out a sewer line. So today let’s discuss confined space safety rules.


For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney




Blog Category:

Workers' Compensation

8/2/2010
Steve Lombardi
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What is a confined space death in the workplace?

Today's post accident is probably not a true workplace accident but it may very well be. Whatever it is the safety issues lend themselves to the workplace. It's the work that's the focus and that's what we will concentrate on today. Here is a quote from the OSHA rules that you should read before going on to read about this young man's death.

REMINDER: A confined space is characterized by restricted means of entry/exit, size sufficient to contain a worker, and not specifically designed for worker occupancy. A permit-required space is a confined space that has a hazard to health or life associated with it. Hazards may be the result of atmosphere or materials in the space or the result of the shape of the space.

Boating 101 News Item - A dry-docked pontoon boat was being moved from dry-docking to the water and during the process it collapsed pinning a 16-year-old boy underneath. The accident occurred on Saturday several weeks ago and he died this the Thursday following the accident. A memorial fund or scholarship fund is set up at the First State Bank in Britt, Iowa. The details of how this accident occurred are sketchy so understanding how it happened and how it could have been avoided can't be discussed. Being somewhat claustrophobic I would find it difficult to crawl into a confined space. It certainly doesn't appear that this young man was doing what killed him as a part of his work, although it could have been; I just don't see anything in either article that indicates he was. Workers involved with confined spaces will know what I'm talking about and where this blog post is going. Confined space work is regulated by OSHA and IOSH. Specifically to avoid injury or death of workers involved. KCCI has a story of similar depth.

Technically was this a "confined space" that trapped this young man? I'm not sure and without asking an OSHA investigator I wouldn't be able to say equivocally. But it's worth discussing because it appears, at least to me, that his life could have been saved had someone thought before he slid underneath the pontoon boat. And if not his life workers can use a fresh reminder about working in confined spaces.

Any workers involved with confined space work should be aware of the rules and regulations that provide a measure of safety to avoid injury and death. Here is what is stated about confined spaces under safety and health topics on the OSHA site.  And remember just because you aren't working doesn't mean you shouldn't be aware of safety rules; working or not in this instance it may have saved this young man's life. For a summary of OSHA permit-required confined spaces rules follow the linked text.

Many workplaces contain spaces that are considered "confined" because their configurations hinder the activities of employees who must enter, work in, and exit them. A confined space has limited or restricted means for entry or exit, and it is not designed for continuous employee occupancy. Confined spaces include, but are not limited to underground vaults, tanks, storage bins, manholes, pits, silos, process vessels, and pipelines. OSHA uses the term "permit-required confined space" (permit space) to describe a confined space that has one or more of the following characteristics: contains or has the potential to contain a hazardous atmosphere; contains a material that has the potential to engulf an entrant; has walls that converge inward or floors that slope downward and taper into a smaller area which could trap or asphyxiate an entrant; or contains any other recognized safety or health hazard, such as unguarded machinery, exposed live wires, or heat stress.


For additional information follow these links and read how to stay alive when working in or around confined spaces.

 

 

What standards apply?
OSHA | National Consensus

 

What information is available for the construction industry?
Alliances | eTools | Standards | Hazards and Solutions | Additional Information

 

What are the hazards and possible solutions associated with confined spaces?
 

 

What additional information is available?
Training | Other Resources

Confined Spaces in Construction; Proposed Rule. OSHA Federal Register Proposed Rules 72:67351-67425, (2007, November 28). OSHA is proposing a rule to protect employees from the hazards resulting from exposure to confined spaces in the construction industry and proposing four classifications: Isolated-Hazard Confined Space, Controlled-Atmosphere Confined Space, Permit-Required Confined Space, and Continuous System-Permit-Required Confined Space. The proposed requirements for each type of confined space are tailored to control the different types of hazards.


We've plenty more to read on the Lombardi Law Firm site if you're interested in confined spaces, just do a search on our site and you'll find these entries.

Chemical Safety - Handling or Cleaning up Sodium Hydroxide ... - Jan 25, 2010 ... This accident may include issues of chemical handling, hazardous spills/containment and confined spaces along with other safety issues. ... www.lombardilaw.com/.../chemical-safety-handling-or-cleaning-up-sodium-hydroxide.cfm - Cached - Similar

Chemical Handling - Sodium Hydroxide in the work place | Lombardi ... - Jan 25, 2010 ... This accident may include issues of chemical handling, hazardous spills/containment and confined spaces along with other safety issues. ... www.lombardilaw.com/.../chemical-handling-sodium-hydroxide-in-the-work-place20100125.cfm - Cached - Similar

News | Lombardi Law Firm - Jun 23, 2010 ... This accident may include issues of chemical handling, hazardous spills/containment and confined spaces along with other safety issues. ...
www.lombardilaw.com/news.cfm?page=16&catid=-1 - Cached

News | Lombardi Law Firm - This accident may include issues of chemical handling, hazardous spills/containment and confined spaces along with other safety issues. ... www.lombardilaw.com/news.cfm?catid=858 - Cached

News | Lombardi Law Firm - This accident may include issues of chemical handling, hazardous spills/containment and confined spaces along with other safety issues. ...
www.lombardilaw.com/news.cfm?page=1&catid=858 - Cached

The Lombardi Law Firm Blog | Lombardi Law Firm - Jun 9, 2010 ... Labels: attorney confined spaces containment death handling injury Lombardi respirator safety safety training sodium hydroxide spill worker ... www.lombardilaw.com/blog/index.cfm?page=3&keywordid... - Cached

The Lombardi Law Firm Blog | Lombardi Law Firm - Labels: attorney confined spaces containment death handling injury Lombardi respirator safety safety training sodium hydroxide spill worker ... www.lombardilaw.com/blog/?keywordid=16118

The Lombardi Law Firm Blog | Lombardi Law Firm - Labels: attorney confined spaces containment death handling injury Lombardi respirator safety safety training sodium hydroxide spill worker ... www.lombardilaw.com/blog/?keywordid=9266

The Lombardi Law Firm Blog | Lombardi Law Firm - Labels: attorney confined spaces containment death handling injury Lombardi respirator safety safety training sodium hydroxide spill worker ... www.lombardilaw.com/blog/index.cfm?page=





After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer.  Steve Lombardi has practiced in the area of workers compensation for over 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois.  Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.
Steve Lombardi, Attorney




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Can I sue my employer if I was injured at work after several months?  I got hurt while working at a company. They treated me for tendinitis and kept me working under lifting restrictions. Seven months later they found an almost 2 inch tear in my rotater cuff. I had surgery then physical therapy for 5 months. After about 3 months of progress at PT I started having severe pain. I returned to the doctor and was put on an anti-inflammatory. I am still currently taking them. A few months prior to having or even knowing about the surgery, I had plans to move closer to family. I had asked my job if my injury would affect my transfer, I was told 'no not at all' they even helped me put in the transfer request. I recently made the move from Pennsylvania to Nebraska. I am now being told that I am non-transferable. I have been with this company for over 3 years, had an excellent annual evaluation, and did everything they asked up until the move. Due to the continuous inflammation and pain, I'm unable to do previous jobs or personal tasks. Do I have a case? Could I sue for continued medical care or a settlement?

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