Des Moines Personal Injury Lawyer - osha

Man killed in plant explosion, sparks or static electricity?

Steve Lombardi — Wed, 18 Nov 2009 12:01:00 GMT

In Columbia County, Wisconsin a 47 year old man died Sunday October 18^th, in an explosion in the American Packaging Corporation plant, according to the Wisconsin State Journal news source. Jeffrey Doxtator was from Columbus and had worked at the plant for 13 years. Fire Chief Randy Koehn said that Doxtator was using a handheld grinder which ignited sparks in an area of the plant designated hazardous. This employee error is thought to have caused the explosion and not the lack of safety precautions by the company. The Wisconsin plant has had good safety history according to electronic federal safety records.

At the time of the blast, 6pm, the only other workers in the building were the maintenance and janitorial crew, which evacuated the building. Doxtator, still in the building, was rescued by the firefighters and brought to Columbus Community Hospital. The coroner indicated Doxtator’s death to be from “multiple internal injuries due to blunt force trauma from the explosion.” The cost of the explosion to the building is estimated at $1.2 million.

American Packaging Corporation is privately held and has three plant locations: Columbia County, Wisconsin; Story City, Iowa; and the headquarters in Rochester, N.Y. The corporation produces specialty packaging for consumer goods.

At the time this blog was written the investigation of the Sunday explosion was still underway.

I'm not sure the error can be said to be that of the employee. That conclusion was stated as a fact at a time when no investigation had taken place. It would be important to know what actually caused the explosion: the tool being used may have had no effect on causing an explosion. Also I'd want to know who provided the tools, who selected the tools, what warnings were given about using tools in this area of the plant, whether it had been done previously without incident and with management's knowledge, the exact location and makeup of this department along with a whole host of other issues to be explored. I just don't agree with the conclusion reached by the news paper reporter or whoever decided what the cause of the explosion. There is more to it than a cursory examination would show.

http://www.youtube.com/watch?v=5TcNDozWQiM

Originally posted at InjuryBoard by Steve Lombardi

Electrolux Iowa Plant Closings, Exporting America’s Middle Class

Steve Lombardi — Wed, 28 Oct 2009 04:15:45 GMT

Can a community that has no manufacturing base sustain a middle class?

Electrolux is closing its Iowa operations and with those closings taking 850 jobs to a place called Juarez, Mexico. On the news tonight they showed workers upset over the introduction of a security company checking lunch pails for probably weapons. That’s a good thing really. Because if I worked there for 20 years and just had the rug pulled out from under me I might consider going to work with a loaded revolver. So the rest of you workers calm down about the security and focus on the real problem, Congressmen and Congresswomen taking campaign contributions from companies that afterwards ship jobs overseas or out of this country. What the workers need to do is demand an answer, the real answer, as to why these jobs are being shipped out of this country. It seems our Congress is either powerless, mindless or bought and paid for when it comes to shipping jobs outside of this country.

“Politics is a pendulum whose swings between anarchy and tyranny are fueled by perpetually rejuvenated illusions.” Albert Einstein

The Schedule: Electrolux in Jefferson, Iowa is moving 850 jobs to Mexico by 2011. The Electrolux Major Appliances North America operations are consolidating its North American laundry manufacturing into one facility in Juarez, Mexico. The Webster City operation will close in the first quarter of 2011 and the Jefferson, Iowa satellite facility in the fourth quarter of 2010.

Here is a quote from the MSNBC story Electrolux To Move 850 Jobs to Mexico:

“This was a difficult but necessary decision,” said Frank Wagner, Vice President, Operations, Electrolux Major Appliances North America. “Electrolux is aware of the impact this decision will have on our employees and their communities. The company will be taking steps to assist employees with this difficult transition and will work with local and state officials to ensure that all training resources are made available to our employees.”

That’s an understatement and no Frank I don’t think it was a difficult and necessary decision. Electrolux just announced its 3rd quarter profit showed a 93% rise even though in general there is weak demand for appliances. Electrolux 3Q profit rises 93 percent, October 26, 2009 The most difficult part of this decision is how all of you get out of town with your skin intact. You just took 450 jobs in Spain last week and sent them where? And that’s the reason for the security at the plant. Your brain tells you this isn’t the right thing to do but for whatever financial reason 850 Iowans get shafted and lose their jobs. They give you years of their sweat, blood and tears and what are you giving them in return. Nada.

I see Kelly Ripma is your spokesperson. How about if we not just boycott what you make but also what she sells. As she says in the ad for winning a double wall oven, that sounds like the way to “plan the perfect party.” Like I said, no wonder you have beefed up the plant security.

Do you think we don’t know this game? Did you forget that Newton, Iowa most recently lost over 2,000 jobs when Maytag closed in Newton? (Whirlpool Corp.) Electrolux cities told to market plant sites, Des Moines Register, October 25, 2009. The company says it’s doing very well financially so why the move? What gives Mr. Wagner? Maybe you’re not the guy to ask. Perhaps it’s the CEO Hans Straberg sitting comfortably in some corporate office planning his next bonus.

Electrolux is a world leading international appliance company. We are a part in the daily life of hundreds of millions of families around the world.

"Each year, some 40 million consumers in more than 150 countries choose our products, such as cookers and cooktops, ovens, fridges and freezers, dishwashers, washing machines, tumble dryers, room air conditioners and vacuum cleaners. That translates to two products bought from us every second, every day of the year." Electrolux Corporate Website quote.

From your most recent press release this is all about margins and martini's with you CEOs. That and your next bonus check. How much are the board’s big fat bonuses for 2009 going to be? It’s not longer about the people in the community, the workers that build the products or their families. It’s all about you.

And corporate America wonders why this next generation shows no loyalty or work ethic?

Third quarter results clearly demonstrate our potential

26 Oct, 2009 07:51

Today I am presenting very strong results for the third quarter. We have succeeded in reaching an operating margin of more than 8%. I am very pleased that all Electrolux operations have been successful in this challenging market. Market demand continues to be weak, although the rate of decline has slowed down.

The results show that we are capable of increasing our margins. At the same time, we have to be realistic and understand that a lot of work remains before these levels are sustainable.

Almost everything went our way this quarter. Cyclical trough in commodity prices and maintained prices have been decisive for our earnings improvement. Other contributing factors are a better product mix and significant cost reductions.

Electrolux Financial Statement

If you leave off the return on equity for 2008, 2008 was a bad year for everyone; Electrolux’s ROE is over 20% on average for the period 2004 through 2007. Greed is the only thing we Iowans can see driving this decision; plain and simple it’s about greed of a few that leaves the middle class behind.

I’ve seen it since 1981 from a front row seat in Waterloo and the John Deere employees, the American middle class is being dismantled. It’s being shipped overseas and down south. If a country doesn’t have manufacturing jobs they soon don’t have a middle class and class warfare can’t be far behind. If you and the other plant closing CEO’s are wondering why there are so many people running around this country wanting to wage war over the right to carry firearms, just stop and consider the bigger picture from the viewpoint of a family of five just trying to put food on the table. All they can think of is where Sam Colt is when you need him?

U.S. Chamber of Communist Commerce and the Un-American Tort Reform Association Sit on the Sidelines Saying Nothing - Perhaps they speak only in Spanish and Chinese

My advice to Iowans is to buy American-made goods. Don't buy cars, appliances or any other products that aren't made in America by the American worker. Why don’t we have our own website for American made goods?

And once again I ask, why is the American Tort Reform Association and the U.S. Chamber of Commerce so quiet? Why don't they have anything to say about the loss of American jobs? Isn't it the United States Chamber of Commerce? Or is this really a communist-like organization interested only in the wealth of a few who own and run companies out of America? Your two organizations are truly the great illusionists. The comment section is below...

http://www.youtube.com/watch?v=oZ7JV0B1eAY

Originally posted at InjuryBoard by Steve Lombardi

Crushed worker could have easily been avoided - chock the wheels

Steve Lombardi — Thu, 17 Sep 2009 10:00:00 GMT

Chocking the wheels and setting the parking brake would probably have saved the life of this liquid asphalt truck driver. OSHA fined a trucking company $9,100 for failing to use precautionary measures that allowed a truck loaded with liquid asphalt to roll, crushing the worker between two trucks. The driver was 62-year-old Brian Cellar.

If married at the time or if he had dependent children they would be provided with workers’ compensation benefits in Iowa. What most people don’t appreciate is even if the worker is from another state they can sometimes get Iowa benefits if the accident occurred in Iowa or they normally live and work in Iowa but the accident happens in another state.

Chocking the wheels is a simple thing, setting the parking brake even simpler. Sometimes we forget the little things that make a big difference. There are no holidays from safety. Be smart and go back to the basics. Shortcuts may lead to a disaster. General IOSH or OSHA safety rules are covered under Chapter 10 in Iowa.

This is the second worker to die from similar rolling issues. A man in McGregor, Iowa died as the truck trailer he and some others were working on rolled over him. The utility trailer was hooked to a pickup truck. It’s not clear if the trailer wheels were chocked, if the parking brake was on or why he was in a position where he could be crushed. His name is Brent Blietz, 24-years-old. There is no mention of whether he has a wife and children. Our condolences go out to the extended family.

Originally posted at InjuryBoard by Steve Lombardi

Titan Tire Worker Pulled into Milling Machine

Steve Lombardi — Sun, 09 Aug 2009 23:45:00 GMT

Last Tuesday afternoon a Titan Tire worker from the mill room was pulled into a milling machine last week. His name is Christian Alvarez of 1807 Mondamin Ave. in Des Moines, Iowa. He is 20-years-old. Reports have him suffering neck and head injuries, a type of injury that can be seriously disabling. He was in Mercy Hospital in Des Moines.

It’s unknown whether Alvarez was a member of the Local 164 United Steel Workers.

Mr. Alvarez is entitled to workers’ compensation benefits.

OSHA will be investigating. OSHA has information in Spanish for Spanish speaking workers.

La misión de OSHA

Más de 100 millones de trabajadores cuentan con OSHA

La misión de OSHA es la de asegurar la seguridad y salud de los trabajadores in América estableciendo y haciendo cumplir normas, ofrecimiento de adiestramientos y educación, estableciendo asociaciones y motivando a un mejoramiento continuo en la seguridad y salud en el lugar de trabajo.

Nuestros servicios

OSHA y sus socios estatales disponen de aproximadamente 2100 inspectores, así como de investigadores de quejas por discriminación, ingenieros, médicos, educadores, redactores de normas y de otro personal técnico y de apoyo en más de 200 oficinas en todo el país. Estos profesionales establecen normas de protección, aplican dichas normas y se relacionan con empleadores y empleados mediante programas de asesoramiento y de asistencia técnica.

El público que servimos

Casi todo hombre o mujer en la nación se halla al amparo de la jurisdicción de OSHA (aunque existen ciertas excepciones entre mineros, trabajadores del transporte, muchos empleados del sector público y trabajadores independientes). Otros usuarios y recipientes de los servicios de OSHA incluyen: profesionales de la seguridad y salud ocupacional, la comunidad académica, abogados, periodistas y personal de otras organizaciones gubernamentales.

Plan para el mejoramiento de servicio

OSHA ha determinado utilizar eficazmente sus recursos limitados con el fin de promover el compromiso entre la administracion de la empresa y la participacion de empleados en programas de salud y seguridad en el trabajo.

Estudio de nuestro público

El personal de OSHA se dedica a mejorar la calidad de nuestros esfuerzos y sabe que nuestro éxito depende de una agencia cuyo impulso mayor es el compromiso al servicio público. OSHA debe primeramente escuchar y responder a sus clientes. Por lo tanto, hemos realizado una encuesta cuyo fin es saber más sobre la opinión que tienen los empleadores y los empleados de los servicios de OSHA.

Debido a que las inspecciones de los lugares de trabajo representan una de las actividades principales de OSHA y ya que los esfuerzos voluntarios para mejorar las condiciones laborales finalmente dependen de una aplicación firma de la ley, nuestra encuesta enfocó principalmente el proceso de inspección. Hemos realizado una encuesta al alzar entre empleados y empleadores que fueron inspeccionados por OSHA recientemente pidiendo su opinión de la inspección en particular y de las normas y otras actividades educacionales y de ayuda en general.

Normas del servicio

Hemos basado las nuevas normas de OSHA para el servicio público se basan en lo que aprendimos de las encuestas, de reuniones con grupos de empleados y de empleadores y de grupos de discusión con trabajadores de varias plantas e industrias en todo el país.

Nuestro programa para el mejoramiento del servicio público se realizará en forma continua. Seguiremos recopilando información sobre la calidad de nuestro desempeño en la entrega de servicios en areas que no forman parte de la encuesta de este año, especialmente en el sector de la construcción. Además, el año próximo tenemos previsto aprender más sobre la reacción del público frente a nuestros programas de asistencia y asesoramiento.

Originally posted at InjuryBoard by Steve Lombardi

Another worker electrocted, this one at John Deere's Waterloo foundry

Steve Lombardi — Sun, 09 Aug 2009 18:51:00 GMT

It appears the worker who was electrocuted at the John Deere Waterloo facility has died. The man, Daniel Gerdman, 22-years-of-age died on Tuesday while working at the foundry. Working on some lighting he was electrocuted. OSHA is investigating the incident. Gerdman was found at around 11:30 a.m.

We just posted another blog about an electrician from Des Moines who died from being electrocuted on a job in Cedar Rapids. He was 24-years-old. Here is my article on the Injuryboard.com.

What might have prevented this 24-year-old Des Moines electrician from being killed by electrocution?

What caused the death of a 24 year old Des Moines electrician? That was the question surrounding the death of Chris Turney but now the autopsy has revealed that it was in fact caused by electrocution. Mr. Turney was standing on a metal scaffold working with electrical wires at the Hy-Vee under construction at College Square Mall in Cedar Rapids when it happened. OSHA is currently investigating and one has to ask how does something like this happen? The company Mr. Turney worked for; Kline Electric of Ankeny, was hired to install the new wiring for the store. Was this caused by a mistake of a co-worker, did Mr. Turney have proper training to be working in the area he was, or was this just a freak accident? Whatever the reason this is another regrettable example of the preventable loss of a young man in the workplace.

These are all preventable. Like the Turney electrocution, Gerdman’s dependents are also entitled to work comp. benefits and should investigate a third-party case.

See also my post on the Lombardi Law Firm website blog. My news item contains a different video on lock-out tag-out safety rules.

Did this 24-year-old Iowa electrician die needlessly?

Originally posted at InjuryBoard by Steve Lombardi

What might have prevented this 24-year-old Des Moines electrician from being killed by electrocution?

Steve Lombardi — Sat, 08 Aug 2009 20:58:10 GMT

What caused the death of a 24 year old Des Moines electrician? That was the question surrounding the death of Chris Turney but now the autopsy has revealed that it was in fact caused by electrocution. Mr. Turney was standing on a metal scaffold working with electrical wires at the Hy-Vee under construction at College Square Mall in Cedar Rapids when it happened. OSHA is currently investigating and one has to ask how does something like this happen? The company Mr. Turney worked for; Kline Electric of Ankeny, was hired to install the new wiring for the store. Was this caused by a mistake of a co-worker, did Mr. Turney have proper training to be working in the area he was, or was this just a freak accident? Whatever the reason this is another regrettable example of the preventable loss of a young man in the workplace.

A review of the Iowa Industrial Commission decisions did not turn up an arbitration case against Kline Electric.

The Iowa Secretary of State’s website shows a Kline Electric, Inc. as corporation number 291108 from 2785 N ANKENY BLVD. , Ankeny, Iowa active since March 3, 2004. Filings with the Secretary of State are as follows.

W00374589	2	3/3/2004	3/3/2004	ARTICLES OF INCORPORATION
A06291108	1	4/20/2006	4/20/2006	BIENNIAL REPORT FILED
W00575333	1	6/23/2008	6/23/2008	AGENT'S CHANGE OF OFFICE
A08291108	1	7/1/2008	7/1/2008	BIENNIAL REPORT FILED

A general search shows Kline Electric, Inc. an electrical contractor, at a different address: 502 N Ankeny Blvd Ste 20, Ankeny, Iowa.

Hy-Vee is a large grocery store chain that together builds its own stores. Like many corporations they have found access to capital through selling stores to investors at a price determined on a low capitalization rate of the annual lease payments. One way to increase the net profit on the sale end is to lower your construction costs. There are various ways to accomplish lower costs, labor being one. Are these electrical workers union trained workers with stringent electrical safety training or workers who have learned the trade here and there? We have no way of knowing Mr. Turney’s background, but the news items from Radio Iowa and KITM fail to mention any union hall affiliation. Safety training is an important tool for your tool box. It’s not something you reach in and grab to show someone; it’s just something that may save your life.

So what might have caused this electrician to get electrocuted? My guess is that it’s a failure for the construction site workers to follow lock-out tag-out procedures. I could be wrong, but many times that is the breakdown or failure that kills a working electrician on the job site. I’ve got a section on the Lombardi Law Firm website dedicated to proper lock-out tag-out protocol. Essentially this is what LOTO is about. We’ve included blogs, video and helpful resources for you to learn more. Remember, safety first. I’ve personally handled these types of cases and I’m sorry to say the workers usually died and I represented the widows and children. I’ve included examples of other workers who have died when others on the construction site fail to follow the LOTO procedure.

http://www.youtube.com/watch?v=VhKKkRmhRGI

On the Injuryboard I’ve covered this subject and also others have as well. See the following posts.

Construction Safety and Trial Lawyer Skills: LOTO or Lockout ...

Yesterday we covered Lockout/Tagout safety rules in a very general way. Today we look at it as lawyers are required. What is the law of Lockout/Tagout? ... 101k

Construction Safety: Video Training of LOTO or Lockout/Tagout ...

... Miscellaneous. Miscellaneous. Construction Safety: Video Training of LOTO or Lockout/Tagout Procedures for Electricians. Email Member. ... 99k

Construction Safety: The risk of being electrocuted | InjuryBoard ...

... The rules are known as the “lockout/tagout” procedure rules. ... 1. Define what is meant by Lock Out Tag Out (LOTO or Lockout/Tagout) and when it is used. ... 101k

"Worker Error" Hides Poor Management | InjuryBoard Tampa Bay

... It's called the "Lockout-Tagout" standard, technically known as the "Control of Hazardous Energy" standard, and is used to protect workers who may be repairing ... 101k

InjuryBoard Des Moines Archives | January 2009

Des Moines Personal Injury Lawyer | January 2009 Archives | InjuryBoard Des Moines. 101k

Being an electrician is dangerous. A good working knowledge of safety is essential.

When working on the electrical system of any job site all electricians and other workers involved must disconnect the power at the main box, then place a lock with their name tag on the electrical junction box door so no one is able to turn the power back on while they are touching the otherwise live wires. If another worker at the same time wishes to work on the electrical system, he too places his lock and tag on the first lock. That signals the first guy that someone else is working on the electrical system and needs to contact before the electrical juice is turned back on.

So what happens that makes this system not work? Well, people don’t follow the LOTO procedure. The general contractor in charge of the site doesn’t enforce the rules, things get slack and pretty soon you have a safety culture that is corrupted and it can lead to the death of a worker.

http://www.youtube.com/watch?v=D2VA2gZBWMQ

Did it happen in this instance? We don’t know. I’m sure IOSH along with OSHA are investigating and will get to the bottom of it.

For the young electricians out there pick up an application with Iowa’s electrician’s apprenticeship program and learn the ins and outs of safety. The electrician’s union has offices in Des Moines, Dubuque, Fort Dodge, Mason City, Sioux City and Waterloo. Remember a good safety education through the IBEW Local 347 in Central Iowa may save your life.

Hy-Vee began in the 1930’s by two men, Charles Hyde (1883-1970) and David Vredenburg. With a goal to provide “good merchandise, appreciative service and low prices,” Charles Hyde (1883-1970) and David Vredenburg (1884-1949) opened a small store in Beaconsfield, Iowa, in 1930. The store was leased only a few weeks before the stock market crash of October, 1929. The two men began calling their operation Hyde & Vredenburg in 1933.

Today Hy-Vee has grown to more than just a grocery story. They also team up with Weitz Construction to build these stores. That company is known as Hy-Vee Weitz Construction.

“Since 1995 Hy-Vee Weitz Construction has built its reputation on award-winning, quality construction for Hy-Vee, Inc. We are now prepared to offer our extensive services to a broader market.”

The dependent spouse and children are entitled to workers’ compensation benefits as well as other damages if liability can be shown arising from another contractor’s employee’s negligent actions. Protect yourself, know your rights and be diligent about enforcing them.

La misión de OSHA

Más de 100 millones de trabajadores cuentan con OSHA

Nuestros servicios

El público que servimos

Plan para el mejoramiento de servicio

Estudio de nuestro público

Normas del servicio

Originally posted at InjuryBoard by Steve Lombardi

Waterloo, Iowa fall into water tower, worker not yet identified

Steve Lombardi — Fri, 08 May 2009 23:15:00 GMT

We have previously reported on a maintenance worker falling from a water tower into the tower itself. Today we report on another incident in Waterloo, Iowa where the same thing occurred. This time it took an hour to rescue the man. The maintenance worker was sandblasting the inside of the water tower. His name or condition or injuries were not released. The man fell 30 feet so that would require a fall protection plan and harness.

KCCI also covered this story although they have few additional facts.

Originally posted at InjuryBoard by Steve Lombardi

Iowa worker Trinidad, dies after fall and OSHA-IOSH fines employer $375,000

Steve Lombardi — Thu, 07 May 2009 23:57:00 GMT

The Register reports the Clear Lake company we posted on previously for the death of a worker, Simon Trinidad, a 35 year-old when he fell into a metal hopper, was fined by IOSH in the amount of $375,000. Apparently this is the second time this company has been fined for a similar violation. The company is Andrews Prestressed Concrete in Clear Lake, Iowa.

These types of claims are easier for the workers’ compensation death claims than the third-party or gross negligence cases. We’ve had good experience on third party claims and some luck with gross negligence claims against the co-employees or supervisors.

Clear Lake Company issued a fine for the death of a worker who fell into an open hopper, is linkked to the Lombardi Law Firm news item.

Clear Lake Company issued a fine for the death of a worker who fell into an open hopper, is linked to the Des Moines Register article.

http://www.youtube.com/watch?v=VVRhv3NjA1E

http://www.youtube.com/watch?v=vZGls8yClRk

Originally posted at InjuryBoard by Steve Lombardi

Clear Lake company issued a fine for the death of a worker who fell into an open hopper

Steve Lombardi — Mon, 27 Apr 2009 00:41:52 GMT

Clear Lake company issued a fine for the death of a worker who fell into an open hopper

IOSH, or OSHA as it's most commonly called fined a Clear Lake company $357,000 for an accident that killed an employee. The Des Moines Register article indicates this is the second time an open hopper unprotected by guardrails has been the issue of a citation. The worker that died is 35, Simon Trinidad. He's entitled to receive at the very least workers' compensation death benefits. If he was married or had dependents they too are entitled to benefits.

"The Iowa Occupational Safety and Health Bureau said employees were exposed to the 12-foot deep, open hopper that was unprotected by guardrails. The company was cited in 2006 for the same violation."

http://www.youtube.com/watch?v=6-aFFFci4cY

http://www.youtube.com/watch?v=nNB-QNeaHDU

Worker safety is an important tool of the trades. Know the rules and protect yourself from injury and death following a fall into an open pit or hopper. Although these video clips are about scaffolding the rules are applicable to open pits with risk of falling.

Originally posted at InjuryBoard by Steve Lombardi

Brain Damage Caused By Manganese Contained In Welding Fumes: Will Manganese Prove to be the Next Asbestos?

Steve Lombardi — Fri, 13 Mar 2009 13:28:00 GMT

According to the United States Bureau of Labor Statistics, in 2006 there were approximately 462,000 welding, soldiering, and brazing workers. The occupation was expected to grow only about five percent between the years 2006 and 2016. Aside from the fact that employment for welders is expected to “grow more slowly than average,” job availability for welders remains optimistic due to employers’ reports of inability to find qualified welders. But, while welders can rest easy that there are still jobs available in this tough market, there remains a dark side to the trade.

Manganese, a toxic metal, is contained in welding fumes, which can cause parkinsonism. Parkinsonism is a neurological syndrome that is characterized by tremors (involuntary muscle movement), hypokinesia (diminished movement of body muscles), rigidity (muscles tighten), and postural instability (sensation of instability).

Manganese is a naturally occurring element that is required for animals and humans to function normally, and exposure to low levels of manganese in the diet is essential to maintaining good health in humans. The average daily intake of manganese through food is between 1 and 5 milligrams per day.

Those welders affected have trouble completing everyday tasks such as driving, eating, and brushing their teeth. What were once mundane tasks have now become the most mentally taxing.

The United States Environmental Protection Agency (EPA) state that there is evidence that the brain damage caused by manganese in welding fumes can result in a greater incidence of speech impairment, tremors, and gait disturbances among welders when compared to non-welders.

Due to welders’ exposure to toxic fumes, this makes the welding industry a prime target for litigation. Lawsuits, which began in the late 1970s, hardly put a dent in the $5 billion welding-products industry due to the fact that there was no reliable scientific data proving that welding fumes, or manganese in the fumes, caused parkinsonism.

In December of 2007, a U.S. District Court Judge, Kathleen O’Malley, ordered the disclosure of welding industry payments to researchers studying the effects of manganese on welders. The order resulted in the revelation that welding companies had paid $12.5 million to 25 organizations and 33 researches. Nearly all of these researchers and organizations published findings dismissing connections between welding fumes and welder complaints. In a 2003case, and Illinois jury awarded a $1 million verdict to a welder, which resulted in a large influx of lawsuits targeted at welding companies. Again in 2005, a case stemming from a Shipyard in Mississippi settled for seven figures.

According to an article published in November, welding fumes could be the next asbestos.

Originally posted at InjuryBoard by Steve Lombardi