Chicago-Land Personal Injury Lawyer - Health

Are Federal Child Labor Laws Strict Enough?

Nick Avgerinos — Fri, 19 Sep 2008 15:39:49 GMT

This week the Chicago Tribune reported on an incident in which a 17-year-old girl employed in a sandwich restaurant in Palos Heights, IL was closing up the store for the evening at 9:00pm when she was abducted at knifepoint and sexually assaulted. She was the only employee on duty, and was left to close the store alone.

Diane Bush of The Young Worker Safety & Health Network, a group of professionals who advocate safety for teens in the workplace commented, “we’re concerned about having young people work alone at any time, but in particular late at night.”

Federal law restricts teen workers under 16 from working after 7:00pm (except until 9:00pm during the summer). However, there are no such laws for minor workers who are older than 18. The National Consumer’s League, which works with parents and teens to set appropriate work parameters, suggests that minors 16 years and older so not work before 7:00am or after 10:00pm.

While such guidelines would have not helped the Palos Heights teen, they are an important starting off point to consider in making laws stricter for minor workers. Perhaps the solution is restricted evening hours as well as regulations that do not permit teen employers to work alone and unsupervised by an adult in order to ensure their safety.

Originally posted at InjuryBoard by Nick Avgerinos

Congress Steps Up for Toy Safety

Nick Avgerinos — Tue, 02 Sep 2008 10:24:00 GMT

Congress recently announced a mandate for more stringent federal safety requirements for toys. The consumer-friendly legislation was signed by the President. These new standards include a strict “standard for lead; create a searchable database of product complaints filed with the government for consumers to access; require manufacturers to make it easier for consumers to learn about recalled products; increase fines and other penalties for safety violations; and beef up the federal Consumer Product Safety Commission and its budget.” One of the more controversial measures is the specific provision to prohibit all Phthalates, which are used in a wide range of plastics.

In a recent era of widely publicized dangers to the safety of children in toys, cribs, car seats, and other products, Illinois Congresswoman Jan Schakowsky praised this new development as “the birth of a new agency that will have much broader authority particularly to keep our children safe.” A ban such as this is a rare action by Congress, and reflects growing research showing that children are exposed to dangerous chemicals, commonly found in the packaging, surfaces, or contents of many products, by simple acts such as “chewing on a rubber duck.”

According to House Speaker Nancy Pelosi, “it should be a given that toys are not dangerous.” With this new measure, Congress is making a proactive and important effort to keep children safe from unreasonable and dangerous exposure to harmful chemicals and substances, as well as making sure products are mechanically safe.

For more information about consumer safety and children, see the Pulitzer Prize winning investigative reports that inspired Congress’ action, “Kids at Risk” by the Chicago Tribune. There are also valuable resources on Injury Board.

Originally posted at InjuryBoard by Nick Avgerinos

BPA and You: A Helpful Warning or Unsubstantiated Danger?

Nick Avgerinos — Fri, 29 Aug 2008 10:17:00 GMT

A recent hot topic among consumer safety advocates has been the use of the chemical bisphenol A (BPA) in plastic compounds that are clear, hard, and not easily breakable. BPA is used in helmets, CDs, sunglasses, and cell phones as well as in food and beverage products such as water bottles, baby bottles, can coatings, and dental sealants. See link.

Controversy has surfaced due to conflicting studies regarding whether exposure to BPA is harmful in humans, and particularly, if such minimal exposure is harmful at all. In a statement by the US Food and Drug Administration (FDA), scientists have found that the trace amounts of BPA from bottles and canned foods have not been found to cause toxic effect in animals. Furthermore, considering the low dietary exposure and the fact that BPA has not demonstrated adverse effects when consumed by animals in [higher amounts than] humans would consume, the FDA sees “no reason at this time to ban or otherwise restrict the uses now authorized…[yet will continue with] ongoing review of all available data.”

In a study by The Centers for Disease Control and Prevention (CDC), nearly 93% of people tested had measurable levels of BPA in their urine, with highest levels in children. A study by The National Toxicology Program noted low-dose BPA exposure in animals led to cancer, genital malformations, and early puberty.

The European Food Safety Administration (EFSA), which permits the banning of chemicals based upon less stringent evidence than is required in the US, has determined that there is no reason based on current conflicting evidence to ban BPA, discrediting some of the studies on mice and rats by citing that people metabolize and excrete BPA from the body more quickly than do rodents.

Whether or not scientific studies, some of which funded by plastics corporations, have pinpointed BPA’s dangers, many manufacturers have made non-BPA plastic products available in response to consumer demand, particularly those used in food containers and bottles for children. A ban of BPA has been considered in California, New York, and in least 10 other states. The proposed California ban, for example, discusses the impact on children 3 and under, and would require all products or food containers designed for such children to contain only trace amounts of BPA.

For more information, also see this Injury Board blog.

Originally posted at InjuryBoard by Nick Avgerinos

E-Learning Brings a New Twist to Safety Training Programs

Nick Avgerinos — Thu, 21 Aug 2008 10:27:00 GMT

The Occupational Safety and Health Administration (OSHA) gives guidelines and requirements necessary for training employees, and imposes them particularly on companies whose employees engage in dangerous work activities. Such programs are intended to provide important lifesaving and safety education.

These programs also place a rigorous responsibility on the employers with respect to providing their employees with this information. While the process of gathering employees and presenting them with the information had its benefits this traditional approach was time consuming, and oftentimes created scheduling conflicts and the need for weekend training sessions.

Kroeschell Inc., a leader in mechanical and electrical engineering has implemented a new “e-learning” approach to maintain and enhance safety education while solving many of the problems with traditional, “logistics-heavy, classroom-style training programs that pulled employees away from projects.” The new program is online instruction through ClickSafety. Now, employees complete safety-training programs between projects on their own time. The company claims that the training is now more sophisticated and comprehensive, with greater flexibility for both employee satisfaction, and saves money and time.

While different companies may have different needs, e-Learning may be an appropriate way to train employees about safety in the workplace. As always, if you learn more about safety, you will be safer and healthier at work and at home.

Originally posted at InjuryBoard by Nick Avgerinos

Walk Much? Chicago’s Most Dangerous Intersections for Pedestrians Revealed

Nick Avgerinos — Mon, 18 Aug 2008 10:33:00 GMT

If you live and/or work in the city, chances are you’re doing a lot of walking. And with the price of gas nowadays, you’re probably doing extra walking. If so, you can probably relate to CBS’s analogy that crossing the street in Chicago is like playing the old videogame “Frogger.” In short, walk at your own risk.

The statistics put this real danger in perspective. On average, there are approximately 1000 serious pedestrian accidents each year in Chicago, resulting in over 900 serious injuries and 71 fatalities. Almost one-third of those accidents are hit-and-runs. And while pedestrians do contribute to some of the accidents, efforts at educating the public are focused on drivers since they are the ones operating heavy machinery.

As a recent AP article noted, part of the problem is our culture of entitlement. As drivers, we tend to feel like we own the roads. And with bumper-to-bumper traffic, it always feels like it should be our turn. As a result, motorists on a mission have a ‘get out of my way’ mentality that can prove dangerous to pedestrians just trying to get to the other side.

With the heavy pedestrian presence on Chicago’s streets, the city of the big shoulders needs to make some room for walkers. That’s why the city of Chicago is working on engineering, education, and enforcement to make our streets safer for pedestrians. To demonstrate the severity of the problem, in June, an undercover officer pretended to be a pedestrian using the crosswalk. In less than two hours, police issued warnings to 101 drivers who failed to yield.

Clearly, as drivers, we need to pay more attention to those on foot. But, as pedestrians, we also need to pay better attention to the motor vehicles around us. Most recently, many have expressed concern over our preoccupation with technological devices; keeping your eyes glued to your Blackberry, reading a new email, could be deadly if you’re simultaneously trying to cross the street. The same goes for zoning out with your earbuds in, listening to your iPod.

According to the Chicago Sun-Times, there are also more mundane measures you can take to cut your risk, such as dressing such that you can be seen. Bright colors are better. Many operate under the false assumption that if you can see a car’s headlights, it can see you, too. Wrong! The Times suggests reflective colors for nighttime walking. Then again, if you stay focused on your surroundings and ignore the temptation to get lost in your gadgets, you should be fine regardless of attire. It’s all about keeping safety as your focus.

Here are the top 10 most dangerous intersections, ranked based upon total accident statistics from 2003 and 2005:

1. King Drive and 79th.....13

2. Ashland and 79th.....11

3. California and North.....10

4. Cicero and Madison.....9

5. Pulaski and Irving Park.....8

6. Kedzie and North.....8

7. Halsted and 95th.....8

8. Michigan and Monroe.....8

9. Clark and Washington.....7

10. Dearborn and Randolph.....7

Your schedule likely doesn’t allow you to avoid these intersections entirely, nor would that address the problem. CDOT is studying the most dangerous spots and brainstorming ways to improve their safety with better signs, pavement markings and signal timing. Regardless of what measures the city takes, however, there is plenty we can do, as both pedestrians and motorists, to improve the situation. So, before putting your foot on the gas or in front of the other (whichever the case may be), help keep our streets safe by looking both ways before you cross the street.

Originally posted at InjuryBoard by Nick Avgerinos

Road Less Traveled: Self-imposed Safety Standards for Off-roading

Nick Avgerinos — Thu, 14 Aug 2008 11:09:00 GMT

With skyrocketing gas prices and crowded mass transit options, many of us are left wondering why we’re still stuck in a bumper-to-bumper commute. And while most of us resist being ‘that guy’--you know, the one who goes flying up the shoulder while you’re waiting (im)patiently in your lane--we still wish there was a better way to get from Point A to Point B.

What if you weren’t constrained by the lines of road? For many Americans, that’s no longer a dream but a reality. No, we haven’t invented the hover car...yet. Instead, I’m talking about the increasingly popular hobby of off-roading. I know people involved in the “sport” and it sounds like a lot of fun. But it can also be a very risky activity. As fellow IB attorney Chuck Boyk recently wrote, off-roading can give rise to serious personal injury claims. He specifically discussed the danger that ATVs pose, both in design and negligent operation. With increased use, accidents are also on the rise. According to the Consumer Product Safety Commission, ATV accidents resulting in death rose from 29 in 1982 to 470 in 2004.

But it’s not just ATVs riding in the field and on the dunes; many other vehicles, notably Jeeps, are often favored. Those of you living in and around Chicago might be asking, “Where exactly is this going on?” The answer: all around you. Not in the city, of course, but definitely in the sprawling countryside that makes up much of Illinois and most of neighboring Iowa, Indiana, Wisconsin, and Michigan. In fact, the sand dunes around Michigan are one of the favorite hotspots for riders.

And for those of you who think it’s just a few kids out joyriding, check out the many off-roading societies in and around Illinois. Some of these sites are just for exchanging information or planning trips, but others provide useful safety information. Some clubs, like Iron Horse, 4X4s, Inc. even developed a Safety Committee that performs safety checks on member vehicles at each club run or event. Its website also provides information to conduct your own safety check: a road travel checklist.

To further ensure safety measures are followed, the Two Rivers Jeep Club in Pittsfield, Illinios implemented the United Four Wheel Drive Association's Awareness Course as a required course for all board members and trail guides and helpers. The Northern Illinois Jeep Alliance also provides helpful information, including tips for staying safe once you’re on the trail:

· Know the limits of your vehicle.

· Tie your gear down. In the event of a roll-over your gear could become deadly missiles.

· Air down your tires. Airing down your tires makes for a softer ride and gives your vehicle more traction. You might start out at 15 psi, in deep sand I'll go as low as 8 psi. Whatever tire pressure you are running at, remember to check your tire pressure from time to time. As your tire gets warmer the air pressure in your tire will increase. While you are airing down, this is a good time to do a final inspection of your vehicle.

· Another trick to help out the suspension on your vehicle, is to disconnect your sway bar. This allows for better wheel travel.

· Now that you have everything tied down, your vehicle is ready to go, it's time for you and your passengers to climb aboard and strap in. Use your seat belts. Remember your roll bar or cage will not protect you if you are not in the vehicle.

No matter what vehicle you use or what route you follow, educate yourself before hitting the trails. Off-roading may allow you to roll pass traffic jams, but it doesn’t sidestep safety hazards.

Originally posted at InjuryBoard by Nick Avgerinos

Fighting Obesity for a Healthier and Safer Work Environment

Nick Avgerinos — Mon, 11 Aug 2008 11:31:00 GMT

Nearly two-thirds of Americans are obese or overweight, and while it is commonly understood how this unhealthy epidemic is dangerous for our nation’s health, there are lesser-known consequences that affect safety in the workplace.

A study in 2007 reported in the American Journal of Epidemiology has shown that more overweight and obese people are involved in workplace injuries than others. Of the 7,690 workers in the study by researchers at the Johns Hopkins Bloomberg School of Public Health’s Center for Injury Research and Policy, 29% were injured on the job between January 2, 2002 and December 31, 2004; approximately 85% of whom were classified as overweight or obese.

With the apparent dangers created by workplace obesity, many employers are looking to creative incentives to help workers become healthier. Not only is this helpful in preventing work place injuries, but can also be cost-effective and greatly reduce the cost of health care.

Last month, Community Mercy Health Partners announced plans to use a $25k grant to support a workplace wellness program at Benjamin Steel in Springfield, Ohio. The program will have employees compete in a challenge to achieve the greatest reduction in body fat percentage in a competition that conjures images of the reality television program, The Biggest Loser.

For companies that would like a subtler, yet equally creative approach, there is a new product called the “Walkstation,” that has recently hit the market. The “Walkstation” is a combination office desk and treadmill, which allows people to work on their computers while walking on a treadmill at a very slow speed. While only time will tell if the “Walkstation” will be a feasible, cost-effective, or popular technology, the premise of allowing someone to burn a few extra calories instead of sitting at a desk all day is on the right track.

Originally posted at InjuryBoard by Nick Avgerinos

Bad Medicine: Illinois Insurer Refuses to Pay for ‘Never Events’

Nick Avgerinos — Thu, 07 Aug 2008 14:52:17 GMT

What’s a ‘never event’? That was my first question, too, when I heard about this new development. ‘Never event’ is the term used to describe medical errors that should never happen. Despite the name, however, ‘never events’ sometimes happen. Examples: a sponge left in your chest after surgery, or an amputation of the wrong limb. Obviously, these are not your typical medical mistake, and the exception rather than the rule, but the notion is troubling nevertheless.

We have no clear way of tracking ‘never events’ presently, but with legislation passed in 2005, Illinois is set to begin collecting such data by the middle of next year. But, to put the problem in perspective, a 2003 study in the New England Journal of Medicine found that foreign objects are left behind in 1 out of every 1,000-5,000 abdominal surgeries. That translates to approximately $50,000 per corrective surgery, usually paid for by insurers.

We’re used to the phrase “The customer is always right,” and we expect to be treated that way; if we receive the wrong meal, our server will bring the right one; if we purchase a lemon on the lot, the dealer will replace it; if we were overbooked on the flight, we should get vouchers for the future. There’s a certain give-and-take in our society, and an understanding that we should get our money’s worth.

But not when it comes to healthcare. Most often, you go to the doctor’s office and fork over your co-pay, not bothering to question whether your money was worth it if you don’t come away with any type of diagnosis. Similarly, your hospital sends its bills to your insurance carrier, regardless of the outcome of your surgery…until now. Now, Illinois patients are getting a voice…surprisingly, from their insurance company.

As reported by the Chicago Tribune, Blue Cross and Blue Shield of Illinois has come forward, saying that if a hospital commits a serious error, it will no longer pay the claim. The new payment plan is expected to be in place by the end of the year. And while this might seem like a way to cut costs for the insurance company (and let’s face it, that’s probably part of it), it’s a measure aimed to provide an incentive for quality healthcare. And considering that Illinois Blue Cross shelled out less than a million dollars for ‘never events’ in 2007; that chunk of change just might be enough to inspire change in Illinois hospitals.

We can’t be blind to potential problems, though. For instance, we’re relying largely on the hospitals to report the very errors that will result in non-payment; talk about a conflict of interest. In Minnesota, where hospitals are required to report ‘never events,’ 125 ‘never events’ occurred last year. We have been witnessing respect for the “I’m sorry” movement, so let’s hope that this new change doesn’t signal a decline in openness about hospital errors. We all make mistakes; this change in insurance policy is just forcing hospitals to take ownership of theirs.

Originally posted at InjuryBoard by Nick Avgerinos

Beating the Heat for Outdoor Laborers

Nick Avgerinos — Wed, 06 Aug 2008 10:15:00 GMT

The summer months require no stretch of the imagination to reach the conclusion that heat can be a danger to workers. While day care centers bring kids inside, athletes cut down on outdoor practice, and restaurants can close their patio seating, some laborers do not have such an option.

On June 23, laborers in California filed suit against their employers who did not comply with state regulations to protect workers from heat stress. The employees allege that they were not provided with enough cool water or shade, were discouraged from taking breaks, were terminated when they complained of poor conditions, and were not given adequate training to recognize heat stress symptoms.

Other workers interviewed in California, which has gained media attention through recent heat spells, describe a pay scale in which the farm workers were compensated on a piece-rate basis, which encourages them to work harder, faster, and not to take necessary breaks to prevent heat stress or stroke.

While not in a desert climate, summer conditions in the Midwest can also be dangerous to workers.

Workers should be educated as to the signs of heat exhaustion (such as clammy and moist skin, extreme weakness or fatigue, giddiness, nausea, headache, fainting) and heat stroke (such as red, hot, dry skin, rapid, strong pulse, throbbing headache, dizziness, nausea, confusion, or unconsciousness), in order to get help and recognize the symptoms in others.

Workers can prevent heat illness by taking measures such as drinking enough water, working at a slower pace, avoiding sunlight, taking breaks, wearing cool clothing to cover the skin, including hats, avoiding work during the hours in which the sun’s intensity is at its peak, and by avoiding hot foods, heavy meals, caffeine, and alcohol. Some employers have gone high-tech and outfitted employers with personal heat stress monitors, which can detect heat illness for individuals.

Furthermore, higher temperature conditions have been proven to be ripe for a higher rate of workplace accidents. These accidents can occur because people may have lower mental awareness and physical performance in the heat. Increased body temperature and physical discomfort also can cause irritability, anger, and other emotional states which might make workers more careless or distracted.

Many simple measures can and should be taken in order to save money for employers, and most importantly, the lives of their employees. Employers have the responsibility to ensure the safety of their workers, and should take special care in the summer months.

For more information, see these valuable resources: http://www.osha.gov/; http://www.baesg.org/heatlist.htm; http://www.pp.okstate.edu/ehs/links/heat.htm

Originally posted at InjuryBoard by Nick Avgerinos

Mind the Gap: Bridge Safety Still Falling Short

Nick Avgerinos — Mon, 04 Aug 2008 10:05:00 GMT

“The sky is falling! The sky is falling!” With all the hidden traps that technology sets, it’s easy to worry that the world will soon be crumbling all around us. And, as we have seen with numerous examples—perhaps most notably, global warming—our aging earth and our aging country require that we make some major changes to keep them habitable. It’s unfortunate that it often takes drastic events like 9/11 and Hurricane Katrina to really call our attention to such problems. What’s even more unfortunate, however, is when we fail to respond.

That appears to be the case regarding the Minneapolis bridge collapse that happened a year ago. The country’s citizens were stunned by the site of the crumpled bridge, worried about our fellow commuters, and frustrated, wondering, “How could this happen?” And then, naturally, “Could that happen here?”

The answer is yes. Bridges, like most things, are only built to last so long. And it seems we’ve reached the breaking point; it’s time to give them a facelift. The problem is that so many of them need that facelift simultaneously. In 2006, the Federal Highway Administration reported that 1 in 4 of the nation’s bridges were at risk. As calculated by the American Society for Civil Engineers, it would cost nearly $10 billion every year for the next two decades to fix them.

According to a new study, conducted for the Reason Foundation, Illinois ranks 10^th best in the nation in its upkeep of bridges. While that may sound promising, it merely serves to point out the sad state of transportation affairs; more than 4,300 of the approximately 26,000 bridges in the state are considered structurally deficient or functionally obsolete.

There doesn’t seem to be an easy solution, either. High gas prices have sparked more car pooling and fewer road trips; that’s good news for the environment, but bad news for the Highway Trust Fund, which relies on gas tax money. That Fund, which had an $8 billion dollar balance at the beginning of the current fiscal year, expects to have a $3.1 billion deficit in the next fiscal year.

Minnesota has been taking extra measures to ensure bridge safety since last year’s disaster, but it, too, lacks the funds for the complete overhaul needed. Mercedes Gordon, a survivor of that collapse wonders why sales taxes were used to subsidize a new baseball stadium, but funds cannot be found to repair bridges. She questioned: “What’s more important: baseball or safe traveling? Should we all be afraid every time we cross a bridge now?”

And while I’m reluctant to pose the former question in a city where the crosstown rivalry leads many to treat baseball like a religion, I think the latter question is important; we probably should be nervous about the situation. Maybe this latest study will emphasize the salience of the problem, inspiring legislators to find solutions, rather than dismiss concerns as a Chicken Little-type rant.

Originally posted at InjuryBoard by Nick Avgerinos