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Electrocution Accident Law

Portland Oregon Electrical Accident Attorney 503-221-2000

Contractor cited by OSHA for Electrocution Hazard

By ElecLaw

OSHA has cited a contractor for electrocution and fall hazards at a Westchester County, New York worksite. The information below, about significant construction job hazards, is from an OSHA news release dated November 9, 2009.

The Occupational Safety and Health Administration (OSHA) has proposed over $50,000 in fines against Metro Steel Fabricators Inc., a Brooklyn steel erection contractor, for alleged willful and serious violations of safety standards at a Tuckahoe, N.Y., jobsite.

OSHA’s inspection found that workers at the 30 Elm St. worksite were exposed to electrocution hazards while working within 10 feet of energized high-voltage power and service lines, while workers who were connecting steel beams without fall protection were exposed to falls of three stories.

“Falls and electrocutions are among the leading causes of death in construction work,” said Diana Cortez, OSHA’s area director in Tarrytown, N.Y. “Electricity can kill or injure instantly, while a momentary slip, trip or loss of balance can lead to a fatal or disabling plunge. There is no good reason for an employer’s failure to provide these basic, commonsense and legally required safeguards at each and every jobsite.”

The inspection also found that Metro Steel Fabricators was erecting steel without first receiving written verification that concrete footings were of sufficient strength to support the loads; a roadway workzone was improperly set up and lacked warning signs to tell motorists of a flagger and a crane in the roadway; and additional fall hazards stemmed from lack of perimeter safety cables and use of an incomplete stairway for access.

OSHA has issued Metro Steel Fabricators one willful citation, with a proposed fine of $35,000, for the electrocution hazard and seven serious citations, with $15,600 in fines, for the remaining items. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard of employee safety and health. Serious citations are issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

“One means of preventing hazardous conditions is to establish an effective safety and health management system through which employers and employees work together to proactively evaluate, identify and eliminate hazards,” said Robert Kulick, OSHA’s regional administrator in New York.

Metro Steel Fabricators has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Tarrytown Area Office; telephone 914-524-7510.

Under the Occupational Safety and Health Act of 1970, OSHA’s role is to promote safe and healthful working conditions for America’s men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov. For information about how on the job injuries may result in a claim in addition to the workers compensation claim, you may want to visit this article about the Employer Liability Law.

Filed Under: Blog, Construction Injury, On the Job Injury, Power Lines

Tree Grew Around Power Lines, Child Electrocuted

By ElecLaw

Recent North Carolina case: Kenemore v EnergyUnited.

North Carolina lawyers recently filed this lawsuit. As set out in the Complaint, a pine tree in a residential back yard grew over the years up and around an electric power line. A six year old neighbor boy from next door was visiting with his mother. He and the six year old girl who lives in the house went outside to play in the yard, and the boy climbed the tree. The little girl playing with him came into the house and told the boy’s mother that the boy was pretending to be asleep up in the tree.

The mother went out and called up to her son, who did not move, so she climbed the tree to his limp body, screaming his name. An ambulance took her son to the hospital, but he was dead from electrocution.

There was a 7,200 volt uninsulated electric power line running through the tree or near enough to reach. The 6 year old boy had no idea of the danger.

complaint as filed page 1

Complaint as filed, page 1

As readers of this website know, there are electrical safety standards to protect people from the danger of high voltage electric power lines. The National Electrical Safety Code requires the electric power utility companies to keep tree branches cut back from their power lines, to prevent just this sort of accident. It appears from the Complaint that a violation of the National Electrical Safety Code caused the death of an innocent victim.

For a copy of the Complaint as filed in the Court, in Adobe pdf format, click here. But be warned, reading the Complaint will bring tears to your eyes.

My sympathy to the family and friends and neighbors of the boy who was killed.

Update: This case was settled, by the power company making a substantial payment.

For more information about safety standards of keeping trees cut back from power lines, visit the page on trees near power lines.

Filed Under: Blog, Power Lines

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