Several workers in northern Iowa were working to unclog a sewer line when one of the sewer workers was overcome by sewer gas and died. The work site was in North Sioux City, Iowa. It’s reported that the safety rules were not followed and the men were overcome by sewer gas while working to unplug the line. Confined space safety is the issue IOSH and OSHA will be investigating. Lombardi Law Firm has written about worker safety in confined spaces and what that means for sewer workers not just in Iowa, but all over the country. Injury and death by asphyxiation are common when safety rules are not followed by the company or the work site supervisor. Be care, be knowledgeable and be safe. Live another day to work.

For additional reading see these stories:

Did the Sioux City Sewer Pipe Workers Received Confined Space Training? Lombardi Law Firm

North Sioux City Sewer Line Worker Death is covered by work comp…  Lombardi Law Firm
Posted on 8/4/2010

Welding in a Confined Space can be deadly. Lombardi Law Firm

Web Results

OSHA investigates N. Sioux sewer death

Jul 16, 2010 … SiouxCityJournal.com, Sioux City Iowa News and Advertising … He said incidents of workers being overtaken by sewer fumes happen more often than they should. … Judge finds Hill guilty in baby daughter’s death … siouxcityjournal.com/news/local/article_8165337b-9f35… – Similar

Worker injured in sewer accident remains hospitalized

Jul 17, 2010 … Worker injured in sewer accident remains hospitalized … Speedy Rooter employee from a North Sioux City sewer remains in critical … The U.S. Occupational Safety & Health Administration is investigating his death. … www.siouxcityjournal.com/news/local/article_bd… – Similar

[ More results from www.siouxcityjournal.com ]

OSHA investigating deaths of Iowa men in SD sewer – Action 3 …

Jul 24, 2010 … OSHA investigating deaths of Iowa men in SD sewer … Two employees of Sioux City, Iowa-based Speedy Rooter were overcome by fumes while working on the sewer on July 10. … Injured worker rescued from roof of UNI-Dome … www.kmtv.com/Global/story.asp?S=12864919 – Similar

Worker Health

OSHA investigates N. Sioux sewer death. The Occupational Safety & Health … by fumes along with another worker in a North Sioux City sewer Saturday. … workerhealth.wordpress.com/ – Similar

Manicures in Sioux City,Iowa|Sioux City,IA

Sioux City, ia Manicures listed in Sioux City directory yellowpages format. … The workers who give local manicures know how to treat their customers and make …. the death of 2 Iowa men attempting to unclog a North Sioux City sewer. … sioux_city-ia.localpages.com/Manicures.html – Similar

kmeg news | Top Notch Inspection Service

Jul 30, 2010 … Sioux City Plans Cancellation of Wastewater Treatment Company Contract … The Industrial Training Building will teach skilled workers to fill an … of Sioux Falls, face kidnapping and robbery charges in the death of … www.siouxcityhomeinspector.com/aggregator/sources/6 – Similar

Trench Safety – Archives

Sep 17, 2007 … “Officials Probe Worker’s Death in Excavation Cave-in” … The excavation was part of a sewer sanitation rehabilitation project just east … Summary: A Sioux City plumbing company has been issued citations on four items … www.trenchsafety.org/trench/sample/archives.html – Similar

Awards and Recognitions – City of Sioux City Iowa

Sioux City named a Cultural and Entertainment District by the State of Iowa … its community free of deaths from fire for the following years, 2001 thru 2007. … award for the innovation implementation of the City’s wastewater treatment program. … Kyle Smith, City Gardner, and Lori Stedman, Maintenance Worker, … www.sioux-city.org/dept/pageview.asp?guid=B97F3E3F-C9… – Similar

Local News – KMEG 14 – News, Weather, Sports for Sioux City …

Sioux City Plans Cancellation of Wastewater Treatment Company Contract … The Industrial Training Building will teach skilled workers to fill an industry ….. (SIOUX CITY, IA) The fate of a Sioux City man charged in the death of his … www.kmeg.com/Global/category.asp?C=108597 – Similar

Confined Space « Safety News

Jul 26, 2010 … A third worker, the attendant monitoring the confined space in the event of … death of two Iowa men attempting to unclog a North Sioux City sewer. … Both men are from Sioux City. via OSHA investigating deaths of Iowa … www.safetyphoto.co.uk/blog/?tag=confined-space – Similar

When you are injured at work in Iowa, it is unlikely your employer will permit you to choose which doctor you see.  The Iowa Workers’ Compensation system limits workers’ choice of medical care to treat occupational injuries.  In fact, with few exceptions your employer generally has the right to select and direct your medical care provided they do so promptly and without undue inconvenience.  Most of our Iowa clients would prefer to select their own doctor.  They would feel more comfortable visiting with their family doctor and obtaining a referral to a specialist, if necessary, or obtaining a referral to a medical provider from someone who they know and trust. 

There are a few remedies and options available to injured workers in Iowa who are dissatisfied with the medical provider chosen by their employer.  For example, if you feel that the doctor is not providing medical care reasonably suited to treat your injuries you have the right to request a hearing with the Iowa Workers’ Compensation Commissioner to obtain alternate medical care.  A second exception to the general rule permitting the employer or workers’ compensation insurance company to choose your medical care occurs when a has been denied.  In that instance, you are free to select your own medical provider.  A third exception arises with respect to emergency medical care in which case the injured worker would be allowed to obtain his/her own medical care.  Lastly, you may also have the right to secure your own doctor if the medical provider chosen by the employer abandons medical care, or otherwise concludes that he/she has nothing else to offer by way of medical treatment.  However, it will be important to demonstrate that the medical treatment obtained improved the condition or was beneficial.

It is possible to find out whether a physician is in good standing with the Iowa medical licensing agency. The Web site Administrators In Medicine can provide information about charges or disciplinary sanctions against physicians through the Iowa Board of Medicine in Des Moines. 

When dealing with this process, it can be very helpful to have an attorney to offer guidance, especially a firm with experience in handling Iowa workers’ compensation cases.  Please contact us at 1-800-535-4542 if you would like to visit with one of our attorneys.

For more information, see:

Agency for Healthcare Research and Quality, U.S. Dept of Health and Human Services

Iowa Law, Picking a Doctor – Steve Lombardi

Iowa Board of Medicine  

Administrators in Medicine

A strike by laborers in the construction industry devastates progress for crucial projects and has widespread effects, from increased traffic which is the product of stalled roadwork, to businesses that rely on the timely completion of a project.  For almost three weeks now, construction workers on strike in Illinois have been holding out for better medical benefits, affecting projects such as work on the Edens Spur and completion of hospitals and universities.  This weekend Contractors Association of Will and Grundy Counties reached an agreement with Local 150 and members of the Laborers’ District Council of Chicago, in which laborers will get an increase of 3.25 percent for three years to help pay for their health care and other benefits.  None of those benefits demanded by the workers will increase their wages.  Last week, the Chicago Area Independent Contractors Association and the Illinois Valley Contractors Association were able to agree to similar deals with the unions.

Negotiations are now being held with the lead contractor, Mid-American Regional Bargaining Association, which proposes only a 4.25 percent increase while the strikers are demanding 13.65 percent over 3 years.  Although construction and material transportation has resumed in many areas for the first time in weeks due to the recent agreements, work for any contractors associated with MARBA will not resume before an agreement is reached.  A statement from Tom Nordeen, MARBA Chairman, and Dave Snelten, President, blames the union for both sides’ failure to arrive at an agreement.  They stressed that “union leaders refuse to face the reality that we are in the worst financial state of our lifetime” by asking for help to cover the costs of health care benefits.

Despite the inconveniences of such demands in a troubled economy, the construction industry is one in which health care is of incalculable value and cannot not be underestimated.  Strenuous activities are a day-to-day reality for construction workers.  An accident in the industry can cost one of its workers as little as a scratch and as much as a limb or a life, but their work produces buildings that make a city like Chicago famous.  Tours along the Chicago River downtown highlight the genius of the leading architects; the toil of laborers who implement the designers’ dreams goes mostly unnoticed.  The strikers today are demanding recognition in the form of adequate medical care in an industry where there is an obvious physical toll on the workers.

According to the Construction Chart Book, “costs associated with work-related injuries and illnesses make the construction industry one of the most expensive of all U.S. industries.”  Many construction companies do not provide health insurance, which means they are less likely to have a regular medical provider and more likely to use costly emergency rooms and services.  Construction workers who have insurance through their union may appear to have more options, but inadequate funding for those benefits can limit workers’ access to providers and treatment.  Difficulty in obtaining adequate medical care can worsen an already unhealthy condition, particularly in an industry where strenuous repetitive motions are common and whose cumulative effects that ultimately result in injuries may not be immediately apparent.  These types of injuries by nature can be difficult to treat and diagnose, and are even more difficult to prove as being work-related in order to receive benefits such as workers’ compensation.

If you have been injured working on a construction site, be sure to report any injury to the appropriate authority as soon as possible, such as the site or project manager.  Especially with injuries that are the result of repetitive motions such as carpel tunnel syndrome in the wrist and arm, or a rotator cuff tear in the shoulder, immediate medical attention serves to lower the risk of a condition worsening, and also provides an opportunity to allow a medical professional to determine the origin of the injury.  A doctor’s opinion as to what caused the injury is crucial for determining workers’ compensation benefits, and if a third party suit is filed against one or more parties (such as the contractors or subcontractors), that opinion will also be necessary.

Anticipating risks in the construction industry is as important to preventing workplace injuries as timely medical attention is to treating them.  As part of their ongoing research, the Center for Research and Training provides a comprehensive guide to safety solutions for construction, broken down by type of work activity.  Their website details how the database provides workers and contractors with resources to “identify hazards associated with specific construction tasks, and provide options for actually controlling those hazards.”

We at Capron & Avgerinos have been serving clients who have had to deal with these types of accidents for over 20 years and understand the pain and frustration they generate, so please contact our office at 800-535-4542 if you would like to speak with an attorney about your work or personal injury.

Any classic American occupation can conjure iconic images. Mentioning “construction work” reminds us of the Industrial Revolution, with capable men raising skyscrapers protected only by a pair of sturdy boots and a yellow hard hat. Every bridge, highway, and city skyline as we know it today was built through the efforts of these hard working people. While we can celebrate the great successes of the construction industry by visiting Chicago’s Willis Tower or the St. Louis Arch, we must not forget the dangers that face construction workers as they perform the job we depend on. While the construction industry comprises only 8% of U.S. laborers, it endures 22% of workplace fatalities, which is more than any other industry sector. Because working in construction can be life-threatening, there are a variety of organizations in the Midwest devoted to safety development in the industry.

Safety Conference

This year in February, the Chicagoland Construction Safety Council hosted the 20^th annual Construction Safety Conference and Exposition in Rosemont, IL. This three-day event boasts over sixty exhibitors and seminars all devoted to safety in the construction workplace. The Conference draws crowds with notable keynote speakers and a Safety Awards Ceremony to honor those using excellent safety practices. The Conference serves to demonstrate current innovations and advances that can enhance safety technology and procedures.

The Conference offers one such opportunity for safety advancement through a seminar on Construction Safety Certifications. Currently, many workers are becoming certified Safety Practitioners. This professional or paraprofessional certification affords workers more responsibility, higher wages, and more highly skilled work. Most importantly, it equips their workplace with a higher degree of safety expertise.

The Conference also serves as a setting to promulgate information about new safety standards. This year, OSHA finalized new crane safety rules. The Conference led a seminar to help managers and safety officers decipher the complicated regulations, such as crane operator certifications, signaling, and requirements for power lines. The Conference also helped to update attendees on new fall protection standards and to offer general safety equipment tips.

Accident prevention

Even though safety measures are constantly being updated to keep companies on the cutting edge of worker protection, accidents are bound to happen in such a dangerous environment. Common workplace accidents include falling accidents, falling objects, vehicle accidents, exertion injuries, chemical incidents, fires, and explosions. The damage can range from a muscle strain to serious injury or death. When a fatality occurs on a construction site, the National Institute for Occupational Safety and Health (NIOSH) launches an investigation. This investigation uses an evaluative report called a Fatality Assessment and Control Evaluation, otherwise known as the FACE Program. The FACE program aims to determine the reason for a workplace fatality in order to prevent similar future accidents. The FACE program aims to continuously revise safety procedures in the workplace and prevent future fatalities.

Despite the sophisticated procedures to do so, no one ever wants to complete a fatality investigation. The best method to promote safety in the work place is with a sound accident-prevention plan. Most if not all companies assemble safety teams and hold inspections, and important issues to discuss with the safety team include:

1. Fall protection/fall prevention
2. Personal Protection Equipment
3. Emergency procedures
4. Electrical safety
5. Ladder safety/Scaffold safety
6. Fire prevention/fire extinguishers

An excellent way to keep track of multiple safety issues is to have a lead safety official keep a Safety Checklist, either to complete or distribute to other safety officers.

The aftermath of construction accidents

Even with excellent prevention, thousands become victims of construction accidents each year. While the actual accident is often devastating in itself, many workers are unprepared for significant issues that can arise after an injury occurs. Some examples include missing shifts due to injury, expensive medical bills, light duty work, lost wages and/or using up all your sick days, and negative pressure from your employer to avoid a workers’ compensation claim.

After an injury, these types of problems tend to pile up, and it can be extremely difficult handling them, especially if you are unfamiliar with legal issues. It is your right to consult legal counsel to discuss any questions or concerns that you may have following a personal injury. Capron & Avgerinos, P.C. has been handling complicated construction accident cases for more than 20 years. If you are injured in a construction accident, the first thing you should do is contact a medical professional as your health should be your most important concern. However, an attorney experienced in construction accidents and personal injury claims can help you in understanding your rights and potential remedies.

For more information, please see:

The Construction Chart Book

The Illinois Safety Council

The Occupational Safety and Health Administration

It happens on the last Friday of every month. They meet in places like the San Fernando Valley in Los Angeles, under the Waterloo Bridge in London, and in the Chicago Loop. Bicycle riders from all over the world join to ride together in a group called Critical Mass. And kids, this is no ordinary afternoon bike ride. In fact, it would be an understatement even to call this a “group” of cyclists: sometimes the Critical Mass attendance hits the thousands on any given Friday in just one location. While never forsaking its humble beginnings in San Francisco in 1992, where a few dozen cyclists who had received flyers on Market Street joined for a ride, Critical Mass now stretches to every continent and has found global acclaim.

The dynamics of this phenomenon are simple: Bikers gather and ride through the city in a large swarm. They stay close by one another to appear as a giant, unified mass. With very large groups, bikers often practice a Critical Mass technique called corking, where a few riders block traffic on side streets so that the bikers can freely proceed through red lights as a group. Corking allows the mass to perform its signature activities, such as forming a cyclone, hoisting their bicycles in a tradition known as a “Bike Lift” (also known as a Chicago hold-up), or holding a “die-in” where participants lie on the ground to represent cyclist injuries caused by cars.

Because there is no formal leader of Critical Mass, it is hard to tell what the group’s mission is. Could it be merely a recreational celebration of cyclists? A monthly protest aimed at biker awareness? A rebellious reclaiming of the streets? Although Critical Mass may not fit into a neat category, it is clear that its activity makes car drivers wake up and notice this group, often to their dismay. As dozens of lights turn from green to red back and back again, drivers sometimes become frustrated, and a few even try to drive through the mass or engage in altercations with cyclists. While Critical Mass is troubling for drivers, some bikers explain that it is the one time a week they arent taking a backseat to cars. Critical Mass serves to raise awareness on the benefits of alternative transportation, and to assert cyclists’ right to the road.

Traditionally, cyclists have a hard time finding a place to ride, especially in urban areas. In Chicago, bicycles are not permitted on the sidewalks, but they are often in danger on the streets because of inattentive or impatient car drivers. Unfortunately, this means that bikers are uniquely susceptiple to personal injury; sometimes bikers are severely injured or killed after colliding with an automobile. Often the medical treatment required to aid and injured biker is complicated and intricate. Despite attempts at raising bicycle awareness, such as Bike To Work Week, it seems bikers are still getting the short end of the stick when it comes sharing the road. 

A group like Critical Mass is a good reminder to be polite and conscientous on the road, but biker courtesy should be taking place each day of the week, not just Friday at 5:00 PM. Bikers should follow the rules like wearing helmets, signaling, and minding traffic flow, but drivers need to be aware of dangers too. Some of the driver behaviors that can cause personal injury to bikers are listed here:

1. Dooring – When a driver opens his car door after parking, not noticing an oncoming cyclist.
2. Impatient turning – When a driver aims to “make the light” or get ahead of cross traffic and proceeds hastily into an intersection.
3. Parking or stalling in the biker lane – These lanes are here for a reason, drivers!

The benefits of biking are obvious – no exhaust fumes, parking right in front of the building, and good exercise. But even if you arent going to be biking to work anytime soon, you are still responsbile in part for the safety of bikers around you. Remember to share the road, obey traffic laws, and always look out for bikers. 

 For more information, see:

Bikes and Brain Injuries Go Hand in Hand – Steve Lombardi

Chicago Bicycle Law – Chicago Department of Transportation

Safe Cycling Project – The Iowa Bicycle Coalition

Love the festivities that draw crowds to the city in the summer, but hate the traffic?  Get there smarter and faster-bike to avoid the wait in traffic.  There’s nothing like breezing past a long line of cars in the bike lane, but contrary to what you may think, bike lanes are not always safer than biking on the road with other vehicles.  Despite regulations intended to create safer bike lanes, many still fail to incorporate enough distance from the curb in order to leave room for open car doors.  This puts the unsuspecting rider in danger of a surprise attack by an unforgiving car door that can result in serious personal injuries.  Keep an eye out for signs that a car door is opening to avoid an accident; it can make the difference between life and death.  In particular, watch out for cars that have just turned off their engine and taxi cabs stopped to let people out. 

Familiarize yourself with the rules for passing vehicles and getting passed.  Knowing when you are expected to yield and when you should be yielded to is important for safely maintaining the flow of traffic.  This is just as important when it comes to passing other bikers; audible warnings are necessary when passing another bicycle and allow others to make the needed adjustments. 

While it is important that riders and drivers alike are aware of the rules for bicycles on the road, operating a bicycle does not require a license, so there is no requirement that cyclists have a minimum knowledge of the laws designed to protect them.  Simple precautions such as using a light while biking at night is one example of an accessory that is required by law after dark that can help to prevent accidents.  No one wants to suffer injuries that could have been easily avoided by following the rules of the road.

Check out Ride the City where you can plan your trip using maps that provide routes with the safest bike lanes and bike-friendly streets.

Don’t forget to tip the valet

Many events this summer offer a bicycle valet that allows you to leave your bicycle in good company and under a watchful eye while you explore the festivities.  It’s a convenient service that gives you the peace of mind that your bicycle is safe in all the crowds and helps make the trip even easier. 

Wrigley Field provides a similar service for every home game courtesy of SRAN and World Bicycle Relief.  The valet opens two hours before the game and closes one hour after the game is over.  Not only a great service, it also helps support a good cause.

Also check out McDonald’s Cycle Center in Chicago’s Millennium Park.  Its facility provides bicycle parking, shower and towel service, tours, bicycle rentals, tours, and even a repair shop.

At last, summer in Chicago is settling in.  The luckiest of Chicagoans will make their way to boat clubs and harbors to set sail on beautiful Lake Michigan. Days of sunbathing, cocktails, and water sports can make for a great trip, especially for a young boater. However, as carefree as a day on a boat should be, it can quickly turn sour if you get into a boating accident. Unfortunately, inexperience can leave a new boater high and dry when it comes to handling a problem on the water.

So, you have gotten into an accident: Now what do you do?

Even though federal law mandates reporting boating accidents, the U.S. Coast Guard found that boaters only report 5-10% of non-fatal boating accidents. In some states, failing to file a Boating Accident Report (BAR) is a misdemeanor crime. Thus, if you are in an accident, you need first to file a BAR with the nearest state boating authority, like your state’s Department of Natural Resources. Reporting the accident is especially crucial if someone is injured or dies on the boat or if there is property damage over $2,000. If a person disappears from the vessel or dies within 24 hours of the accident, the BAR must be filed within 48 hours to avoid legal repercussion.

What if the accident wasn’t your fault?

Boating accidents, much like automobile accidents, can be legally complicated.  An attorney who is familiar in boating and maritime law can help answer your questions and assist you in recovering any compensation for damages that you sustained.

A reliable way keep you out of trouble and in compliance with local reporting ordinances is to stay up-to-date with local boating laws.

Let’s not forget the bigger picture.

 A damaged boat will put a damper on your summer, but it does not compare to the devastation of an injured boater. It is vital that boaters follow general safety standards. In fact, only ten percent of deaths occurred on boats where the operator had received boating safety instruction. And the safety issues that cause the most accidents? Alcohol and passengers who are not wearing a life jacket. Ninety percent of all fatal boating accident victims were not wearing a life jacket. What’s more, capsizing and falls overboard account for over 70% of boating fatalities.

A common misconception is that if you know how to swim, there is no need for a life jacket. Even strong swimmers at times are not used to an open body of water with currents and low temperatures – this is a lot different from your local swimming pool! Drowning occurs when you lose so much body heat that the energy depletion makes you too tired to keep swimming. Here are some tips to staying warm in the water:

1. Make sure you are not swimming too long; open water is chilly even in the summer.
2. Have blankets and towels on board to warm up after you hop in for a swim.
3. If you have fallen overboard, assume the H.E.L.P. (heat escape lessening position) by holding your knees to your chest as you rock back in the water.

When it comes down to it, boating is all in good fun, but you need to remember the basics of safety  before you step behind the helm. Do not operate a boat while drinking, ensure the boat is in working order, and insist that your passengers wear a life jacket. 

For more information, see:

Have a Safe Boating Weekend, by Brooks Schuelke – Austin, Texas.

 Think Safety With National Boating Week, Mike Bryant – St. Cloud, Minnesota.

Boating and Boozing. Beth Janicek – San Antonio, Texas.

Boating in Iowa, Let’s be careful out there!, Steve Lombardi – DesMoines, Iowa.

Safety First When Boating This Summer , Devon Glass – Lansing, Michigan

Be prepared for the boating season. 

Safety standards and licensing for boats deserve just as much attention as their on-land counter parts, but how many boaters are compliant and aware of these regulations?  To find out if you are up to date on boating safety and regulations, test your knowledge with a boating safety quiz or check out some frequently asked questions on boating laws in Illinois.

Another great resource for ensuring your boat meets regulations is the free safety check of your vessel that the Coast Guard provides to ensure that vessels meet state and federal safety standards.  Taking advantage of this service can be crucial by ensuring that the owner was using proper care in the event of an accident. 

For more information on boating education and safety courses available, check out the boating classes at Chicago Sail and Power Squadron or the free classes offered through the Illinois Department of Natural Resources.

Don’t become another statistic.  

Last month the Chicago Tribune highlighted some important statistics on last year’s boating accidents in Illinois.  Don’t forget-simple precautions such as ensuring that there are effective and properly-fitted personal flotation devices (PFD) for everyone on board can make a big difference and save lives.  In Illinois last year, it meant almost half of those who died might have been saved had they been wearing proper PFDs.

Additional risks are created when alcohol is present, and the operator of the vessel is legally responsible for ensuring that it is driven safety.  Even just suspecting someone might be intoxicated means that they should not be operating the boat.  Boats that carry passengers for hire may be held to higher standards of care.  It is important to be aware of what constitutes unlawful operation as much as it is to know your rights as a passenger.  In the unfortunate event that you are involved in an accident, contact an attorney with experience in boating and maritime law as you may be entitled to compensation for your injuries.

Join the fun!

It’s easy to find a boating event to watch or participate in during the summer.  You can find a calendar of events at the Chicago Yacht Club, or check out the Poor Man’s Yacht Club for a deviation from the traditional boat club experience.

Finally, keep an eye out for the annual Race to Mackinac which begins on July 24^th the Chicago lakefront.  You can visit their website for more details. 

 Check out the links below for more information:

Have a Safe Boating Weekend, by Brooks Schuelke – Austin, Texas.

 Think Safety With National Boating Week, Mike Bryant – St. Cloud, Minnesota.

Boating and Boozing. Beth Janicek – San Antonio, Texas.

Boating in Iowa, Let’s be careful out there!, Steve Lombardi – DesMoines, Iowa.

Safety First When Boating This Summer , Devon Glass – Lansing, Michigan

This summer, as a response to the public interest in the controversy surrounding children being injured by balls hit off of metal bats, this blog explored the issue in “Do Aluminum Bats Create an Unnecessary Danger for our Children?”

It is clear that even as the summer months wane, the issue is still in the public eye. This week, Chicago’s City Council will debate a ban proposed by Alderman Robert Fioretti. The measure could ban metal bats in youth baseball leagues in the city of Chicago.