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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

Workers' Compensation: Injuries up and payouts down - hmm, something doesn't sound right.

Megan Roth — Fri, 17 Apr 2009 13:45:00 GMT

Middle of the night and I’m wide-awake – go figure. I was just surfing the internet when, at random, an article popped up that grabbed my interest.

“Construction Up, Injuries Up but Workers’ Comp Payouts Down” couldn’t have appeared at a more fitting time, especially considering I just posted an introductory article to this topic on Thursday.

Basically, the article provides an example of a specific claim that was not eligible for workers’ compensation and continues on with an overview of Florida’s construction-related injuries and the drastically decreased rates at which they’ve actually compensated the injured parties.

Reading the article, I couldn’t help but wonder, “Is this just a Florida situation or does it occur across the board?”

Turns out this ordeal occurs frequently in Florida due to revisions (in 2003) to their state workers’ comp law. Unfortunately, however, this doesn’t mean it’s solely limited to Florida (far from it).

Workers’ compensation is offered to workers who are injured on the job as a means of preventing a lawsuit by said employee against employer. It’s almost always the employers’ responsibility to make sure such a policy, which is generally arranged through insurance companies, is in place. As with all insurance policies, the employer pays the premium and the insurance company is expected to evaluate and fork over the dough in the event that a claim occurs.

In reality, however, such policies generally aren’t so cut-and-dry. Workers’ comp claims are often questioned and investigated to extremes, which is easy for me to understand (considering the large amounts of money at risk).

What I fail to understand, however, is how cases involving employees who sustain injuries on the job are often bypassed completely; under workers’ comp laws, those employees are entitled to this monetary benefit. Yet, many don’t receive it (even those who do often receive only enough to make up for a small portion of work-time lost).

It’s important to know this is the only aspect of expenses workers’ comp is expected to cover – the worker should not expect to receive compensation for physical or emotional pain and suffering as the basis for such policies are to avoid suits seeking such coverage.

Yet, gone are the days when a worker can state: “In the event I am injured on the job, I will receive compensation for the time for which I am unable to work.”

Though such policies are in place, their implementation doesn’t seem to be. Thus, it’s sometimes necessary for an injured employee to seek outside legal representation in an attempt to claim the compensation to which they are entitled.

Depending on the circumstances, the plaintiff may actually be entitled to damages for pain and suffering (assuming they are able to prove negligence on the part of a third party).

Regardless of how such cases are determined, they never paint a pretty picture of the insurance company, the employer or the policy itself. However, when it comes right down to it it’s a dog-eat-dog world and sometimes it’s necessary to fight for that which you’re entitled.

Originally posted at InjuryBoard by Megan Roth

Workers' Compensation, Mediated Settlement and the Medicare Set-Aside Trust

Steve Lombardi — Sat, 16 Feb 2008 00:06:51 GMT

Medicare set-aside trusts, social security set-off language and workers' compensation benefits complicate any settlement. Know what you're doing or don't do it. There is more than what I've described, but this part of the protocol is being posted to give both attorneys unfamiliar with this area and clients who need direction in selecting a competent lawyer to see what is involved. It's complicated so if you don't know what I'm talking about go find a lawyer who does. Seek qualified legal advice.

I've been asked to discuss how workers' compensation (WC) benefits, a Medicare Set-Aside (MSA) Trust and the Social Security set-off language (SSL) should be set up for a worker who is totally and permanently out of her job. I've been working on a protocol for such claims as the interplay between the MSA and SSL is extremely important when settling a WC claim. Following the law is even more important when you're talking about permanent total disability and a large monetary settlement for a person already receiving Social Security benefits.

The person asked me the following question:

THE PROBLEM: My mother was involved in a workers compensation case in the state of Iowa. The case went to mediation and she was awarded (yet to be paid) a sum of money. The results of the mediation have set up part of the money to be received to go into a trust to pay for future medical expenses through Medicare. This is due to her age. Does this sound fair as the doctors have stated she is permanently disabled due to a back injury? Also, we believe my mother's law firm may have had a conflict of interest with this case, as their firm represented doctors office (satellite office), which is owned by the hospital of which she worked when she was hurt.

Hello and thank you for posting this question. I'm in the process of settling a similar claim for a client so I can appreciate your concerns and questions. The issues involved with workers' compensation and a Medicare Set Aside Trust along with Social Security set-off language are far too complicated and individualized for any one post. So before reading further understand that you will need to have an attorney, an attorney who is familiar with these types of cases and is up to date on the regulations. Your mother has one chance to do it right. So get good solid legal advice. Don't be afraid to get a second opinion. She deserves it. Don't be afraid or embarrassed to go with your mother when she see's the attorney and to ask questions.

The best advice I can give you is to seek a second opinion from a qualified lawyer. My firm handles legal practice claims and I have seen no fewer than three claims in the past few years from the social security set-off language or the trust being mishandled. Therefore, when seeking a second opinion don't be afraid to ask about the attorney's qualifications. Ask if the attorney handles these types of cases and if so how many cases. If the attorney seems put off by your question go find another attorney.

I have been working on a protocol for Medicare Medical Set-Aside Trust Fund Settlements. This protocol is only a starting point, because every case is different. Don't think you can follow this protocol and do it yourself. These issues do not lend themselves to the self-checkout line like at the grocery store.

PRACTICE POINTER CHECK LIST:

1. Whenever an MSA is involved don't settle for the commuted value. This is especially true of the MSA is being funded with a structured settlement.
2. Set aside some money for Medicare premiums, deductibles and coinsurance.
3. Require that the MSA be administered by a TPA and that the WC insurer increase it's contribution or structured settlement pay-out by the amount of the TPA administrative fees.
4. Require the TPA to issue a plastic card to the Claimant for paying related medical expenses.
5. Require the TPA to provide the claimant with semi-annual reports accounting for the MSA fund.
6. Require the TPA to use an interest bearing account to hold MSA funds.
7. Include Social Security set-off language in the final agreement.
8. Set off and clearly describe in the settlement documents the amount shown in #2 for future medical expenses to avoid having it count towards Medicare set off eligibility.
9. If no attorney fee is being taken on the amount in #2, then add a provision that no atty fee will be taken on #2 above.
10. Add language that clearly states the additional money paid under #2 is for future medical deductible, co-insurance and premium costs and is not in any way considered wage replacement or weekly indemnity funds.
11. Claimant is allowed to name a beneficiary for trust funds that are not by law required to be paid to any other person or entity.
12. Weekly indemnity benefits will continue to be paid until CMS approval is issued, after which the settlement funds will be immediately released and if not immediately paid, weekly indemnity benefits will continue.
13. Add the social security set off language and consider all sources for life expectancy.
14. Clearly describe in the social security set-off language the net to the Claimant.
15. Secure the rights of the claimant to name a beneficiary of any moneys in the MSA at the time of their death.
16. Think long and hard about the amount in number 2 (above) needed to protect the injured claimant.

There is more but this part of the protocol is being posted to give both attorneys unfamiliar with this area and clients who need direction in selecting a competent lawyer to see what is involved. It's complicated so if you don't know what I'm talking about go find a lawyer who does. Seek qualified legal advice.

Originally posted at InjuryBoard by Steve Lombardi

Texas A&M construction site at Zarzamora St. and Loop 410 Ditch Collapse

Steve Lombardi — Mon, 16 Nov 2009 23:01:00 GMT

A 45-year-old construction worker was in a construction site ditch while co-workers were removing a tree. As they pulled the tree out the ditch collapsed trapping the man in the ditch and burying him alive. Which leads to the question, why was the one worker in the unsupported ditch as the tree was pulled out of the ditch wall?

It’s basic safety when doing tunnel or ditch work on a construction site to support the walls. Another question is why weren’t they using a trench box? Look at the linked articles below. Here is one on point: Construction Site Safety - A trench box would have saved the Georgian tunnel worker. And after you read the article, this being a Texas case, call an attorney to assist you with your claim; assuming Texas still allows workers any rights.

Video Library | Lombardi Law Firm

Newton, Iowa Construction Site Wall Collapse Injures Three Workers · Illinois Highway ...... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/video/ - Cached –

Peosta, Iowa trench collapse is why construction workers need to ...

Jun 30, 2009 ... Bartow County, Georgia – The construction site in Bartow County off I-75 exit 296 experienced a trench collapse; then a worker fell 20 feet ...
www.lombardilaw.com/.../peosta-iowa-trench-collapse-is-why-construction-workers-need-to-protect-themselves.cfm - Cached -

The Lombardi Law Firm Blog | Lombardi Law Firm

Bartow County, Georgia – The construction site in Bartow County off I-75 exit 296 experienced a trench collapse; then a worker fell 20 feet and was buried. ...
www.lombardilaw.com/blog/?catid=857 - Cached –

Construction Site Safety - A trench box would have saved the ...

The Lombardi Law Firm Blog | Lombardi Law Firm

Peosta, Iowa trench collapse (Zimmerman) is why construction workers need to protect ..... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/blog/?keywordid=13271 –

The Lombardi Law Firm Blog | Lombardi Law Firm

Peosta, Iowa trench collapse (Zimmerman) is why construction workers need to ... VA Hospital and Augusta, Georgia may be exposed to HIV and Hepatitis ...
www.lombardilaw.com/blog/?keywordid=14643 –

Des Moines Accident Attorney and Iowa Worker's Comp Lawyer ...

Newton, Iowa Construction Site Wall Collapse Injures Three Workers · Illinois Highway ...... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/ - Cached –

The Lombardi Law Firm Blog | Lombardi Law Firm

Oct 29, 2009 ... Newton, Iowa Construction Site Wall Collapse Injures Three Workers ..... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/blog/?keywordid=63673 - Cached –

Attorney Profile | Lombardi Law Firm

Newton, Iowa Construction Site Wall Collapse Injures Three Workers · Illinois Highway ...... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/bio/steve-lombardi.cfm - Cached -

Iowa Personal Injury Attorney | Lombardi Law Firm

Newton, Iowa Construction Site Wall Collapse Injures Three Workers · Illinois Highway ..... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/practice_areas/ - Cached -

Originally posted at InjuryBoard by Steve Lombardi

Truck Backing Causes Accidental Death of Illinois Highway Worker

Steve Lombardi — Fri, 18 Sep 2009 13:21:00 GMT

A highway construction worker was struck and killed in Morrison, Illinois. The worker was identified by the Quad City Times as Michael S. Holloway, 44 or Rock Falls, Illinois. The worker killed was working as the flagger. He was run over by a dump truck backing up. The dump truck driver is 75 years old.

This is a situation I’ve blogged on several times on The Verdict. Just today we posted on older drivers and how old is too old to be driving.

Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges

In other posts I’ve talked about road construction worker safety and traffic risks.

The Verdict, Construction Site Accidents

Highway Workers are at risk of being killed while repairing the nations roads - be careful

And in other posts I’ve discussed backing-up accidents that kill workers and pedestrians.

Truck Accident Prevention: Garbage truck backing over woman may be an accident but it is preventable.

Construction Accidents - Backing up and rear warning devices.

Safety should never go on break.

http://www.youtube.com/watch?v=9cT8DV7Wt5Y

On the job site what is your back up plan?

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

Originally posted at InjuryBoard by Steve Lombardi

Iowa Work Comp - Am I entitled to be paid more permanent partial disability benefits?

Steve Lombardi — Tue, 05 Aug 2008 07:50:00 GMT

Facts: I’m often asked by a worker who is injured at work if they are entitled to additional permanent partial disability benefits if after going back to work they reinjure the same extremity. In this case the question was posed by a worker who suffered an elbow injury and was assigned a diagnosis of cubital tunnel syndrome. Following surgery (cubital tunnel release) the doctors released him back to work. The worker then receives a PPD check and resumes his normal job. Several months go by and his symptoms resumed, requiring a repeat surgery to release pressure on the nerve. Following a period of recovery the doctor advises the injured worker his permanent impairment rating has not increased. The worker is being paid benefits according to Iowa’s Workers’ Compensation Act, Chapter 85.

Question: Will I receive another settlement if the impairment rating is the same?

Short Answer: Yes, you are probablyentitled to more PPD benefits. Get a qualified lawyer on board to help you.

Long Answer: Let me start by telling you something my law professor Dan Power told me. “A lawyer who represents himself has a fool for a client.” In other words, he needs to find a qualified lawyer to represent him in this complicated area of the law. For someone that knows what they are doing this is not a difficult case. But to the uninformed it’s quick sand. This injured worker doesn’t want to pay a lawyer, not even a percentage of the recovery. And while I can appreciate that saving a one-third contingency fee would be nice, how expensive might it be if the injured worker’s rights are prejudiced and he gains nothing in the process? How would the worker know which settlement option was in his or her best interest?

In this instance he’s more than likely entitled to additional PPD benefits. But probably no lawyer where he lives will just sit down and tell him how to do it for nothing. Besides any lawyer who did that would expose himself to a claim if the client did it wrong. Yes, you need another rating. No, but not from just any doctor. If the two ratings are different and there are use restrictions then additional PPD benefits are due. Who do you go to for the second rating? Like real estate, all personal injury practices are local. Lawyers who regularly practice in this area know the doctors. Doctors are all different in their approach to getting involved in workers’ compensation cases. I’ve had doctors call me and say, “You represent the injured worker don’t you? You don’t want me to do this evaluation. I wouldn’t be able to help you.” Doctors come in all sorts of flavors. From liberal to conservative and everything in between a doctor’s mind-set can help or hinder. Some doctors have as a part of their business plan, to represent only the interests of the insurance and business industry. For whatever reason their conscience doesn’t bother them by having a “bend” towards those interests, as opposed to just being objective. Good lawyers aren’t just looking for a certain opinion. Good lawyers look for an honest assessment. And that is where this client working his case alone is in serious trouble.

It’s better to give up some of what you expect in benefits in lawyer fees and to know you’ve gotten a fair shake then to blindly walk your case through the system where the insurance adjuster who does not represent you, allows you to make mistakes that eventually cost you more then any lawyer can reasonable charge you in fees. The insurance adjuster and their case manager will chew you up, spit you out and never lose a wink of sleep. Better to be safe than sorry. And in this instance the best advice I can give is that the injured worker more than likely is entitled to more PPD benefits. But get a lawyer so you can get a fair shake from the workers’ compensation system. Lawyers pay plumbers, dry-wallers, iron workers, carpenters, electricians, HVAC workers, swimming pool workers, housecleaners, garage mechanics, lawn care workers, nurses, doctors, lawyers (yes lawyers pay lawyers for legal services) and many other laborers to do the job right. There are no shortcuts to a successful project, including your legal case.

Originally posted at InjuryBoard by Steve Lombardi

Construction Safety - Recent accidents resulting in death or near death circumstances

Steve Lombardi — Fri, 21 Nov 2008 09:42:00 GMT

Construction accidents resulting in death have been more numerous lately. It may be a result of safety rules being ignored due to tighter deadlines resulting from the economic conditions we find ourselves. It doesn’t matter in what countries the workers work the risk of death, wrongful death or being killed are prevalent in this high risk profession. People who come into contact with construction sites and those supporting the construction trades are also at risk.

Plane crash - 6 workers died on their way to the Plutonic Power Corp’s Toba Inlet hydro power plant in South Thormanby Island, British Columbia. One worker miraculously who was asleep awoke and walked away from the burning plane wreckage. This is the second Grumman Goose plane to crash in Canada this year. Reuters of Canada also reported on this construction crew plane crash.

Heavy equipment overturn – A Colorado heavy equipment operator was killed when the crane he was driving went into a small ravine and creek near the construction site. Nov. 18, 2008. A video is available.

Second floor collapse while pouring concrete – Two workers rescued from under the ruble of a hospital construction site in Meridian, Mississippi. There were 12 to 15 workers on the floor when it collapsed. No fatalities reported.

Balance lost while installing windows on the seventh floor fall kills worker – While installing windows on the seventh floor of the construction site the worker lost his balance and fell to his death.

Road construction worker hit by passing dump truck – Five years ago this occurred in Vineland, New Jersey. The driver of the dump truck has never been found.

A LeMars, Iowa construction worker was killed with a steel beam fell on him - A 21 year old Storm Lake, Iowa man was killed. S & L Construction of Storm Lake is building for Center Fresh Egg. Iowa OSHA is inspecting. In Iowa they are called IOSH. The worker is Jose Gustavo Sivrian, originally from El Salvatore. The accident is being investigated not only by OSHA but along with the Plymouth County Sheriff’s Office.

Subway collapse in China kills 4 workers – when a 75 meter long section collapsed trapping the workers. This is the Railway Construction Group.

Landslide at the Johor Baru construction site – killed two Indonesian workers who were building a hospital with their crew. There is no mention of whether the construction practices being used at the site contributed to the earth and dirt instability.

Wall collapse in New Delhi, Indian killed one and injured two construction workers – Allegations have been leveled against the owner over illegal construction of the first floor level.

Dismantling a crane lead to a guardrail being cut on a platform attached to a tower crane – This New York construction site mishap caused the death of one worker and cost the two crane operator $50,000.00 and suspended licenses.

Hoisting materials and being under the load – This construction worker at a site in the town of San Pedro was killed when the pulley broke and the pallet of materials fell onto him. He was crushed by cement and tiles. The investigation is pointing to defective nails used to secure the pulley to the fourth floor of the building under construction.

Exploding inert gas cylinders at a UK construction project kills one worker and injures another – “The blast at the Hertfordshire Data Centre on the Mundells Industrial Estate was described by fire officials as a “large scale incident,” which investigators say was caused by a cylinder of argonite, (sic: perhaps aragonite) an inert gas used in data center fire suppression systems.” Once ignited the cylinders became missiles firing and randomly flying about the site.

Lawrence, Massachusetts road construction site backing over accident kills a worker – at a highway paving project on I-495 a 31 year old worker was backed onto by a truck on the site.

Equipment falling into trench as the ground under the excavator moving the heavy tank falls gave way or the equipment simply tipped over onto the worker burying him within the excavation.

Chula Vista construction worker killed by falling beam from crossbeam holding a wall – demolition work to make room for a new San Diego convention center.

Cab passenger driving past a construction area was killed by 200 foot high falling crane – Only 30 years of age and a promising life killed when the mast popped off and fell. Follow the link to see photos of the construction area following the collapsed crane. Also killed was a construction worker. Defective bolts could be the cause of the crane’s mast coming off.

Repairing construction equipment kills worker when equipment pins him - Grinding wheel of a large wood-chipping machine clogged, worker idles the engine, but didn’t shut if off, worker in the repair process inadvertently ingages lever that operates the chute, causing the chute to move and pinning the worker against a steel wall resulting in his suffocating to death. The worker was 58 years of age.

Home under construction in Miami, collapsing concrete wall kills one worker and traps another for almost one hour. Victim was 49-years-old.

U.S. Department of Labor indicates that in 2007 3.7 workers per one hundred thousand workers were killed.

Originally posted at InjuryBoard by Steve Lombardi

Post Disaster Planning - Iowa Lawyers Under Water Seek Assistance

Steve Lombardi — Sat, 28 Jun 2008 10:00:00 GMT

Linn County , Iowa is two and one half hours away from West Des Moines , Iowa where I live. As far as the lawyers who work in downtown Cedar Rapids are concerned it might as well be on the moon. The water in downtown Cedar Rapids went high enough that it breached the 500 year flood plane zone. The streets of Cedar Rapids were flooded with several feet of water making use of the roads and buildings impossible. Here is a photo from the Iowa State Bar Association Legal Community Relief Fund. Hopefully it will show up. (Angus Help!)

You never think this is going to happen to you, but if you office near a river, one day this could be your problem. Read what follows and consider if you have a disaster plan that will save your practice from devastation.

“The Iowa State Bar Association has established the Legal Community Relief Fund to help assist lawyers whose homes and offices have been damaged due to the recent disasters in Iowa . The Relief Fund is being administered by The Iowa State Bar Association. Contributions should be made to the Iowa State Bar Foundation, a 501 (c) 3 organization.”

Lawyers are much for asking for help, especially Iowans, but this is so different I can’t even begin to describe for you what this is all about. More than 200 lawyers have issues with flooding either at the office or at home. If you are interesting in helping there is a contribution form that can be downloaded.

Lawyers aren’t used to being the ones needing the help because it’s our job to help others. I was pleasantly surprised at the disaster website set up for assisting them and was awed by the helpful links the leadership assembled. Here are the links, perhaps sometime in the future someone else may be able to put them to good use.

Helpful Publications
New ISBA Ethics Opinion issued 6-18-08 "Damage File Disposition"
As a result of the statewide floods of June, 2008, many Iowa law firms have experienced flood damage to their offices. In many instances flood waters have destroyed case files as well as other law firm documents. Many firms have contacted us for advice regarding the handling and destruction of the flood damaged files. To assist the practicing Bar we issue the following guidance regarding the disposal of damaged files. Read Entire Decision

Disaster Recovery for Law Firms
(Excerpted from "The Essential Formbook: Comprehensive Management Tools for Lawyers, Volume IV"

Emergency Salvage of Wet Books and Records
The recovery of books and records after exposure to a water-based emergency can be successful and cost-effective if staff and management are prepared ahead of time and react in a timely way. Many libraries and archives have recovered in splendid form because staff knew precisely what to do in an emergency. However, if decisions and actions are delayed more than a few hours, collections may be lost or so seriously damaged that recovery becomes a major undertaking. Read More

The Psychological Effects of Disaster
By Geralyn Datz, PhD with recommendations by the National Center for PTSD

The Long-term Impact of Hurricanes Katrina & Rita: What to Expect in Your Personal, Family, Work, and Financial Life
By Geralyn Datz, PhD with recommendations from the US Dept of Health and Human Services

NY 9/11 Experience; Personal Experience; How The Bar Can Help You
By: Steven Krane Proskauer Rose, L.L.P. New York , NY

Avoiding Ethical Disaster When Natural Disaster Strikes Steps to Take in Recovery Effort
By: Suzanne Rose, Suzanne Rose Consulting Brentwood , TN

Malpractice Concerns and Claims
By: Roland Johnson Harris, Finley & Bogle, P.C., Ft. Worth , TX

Rebuilding Your Practice
By: JR Phelps The Florida Bar, Tallahassee , FL & Gisella Bradley State Bar of Texas , Austin , TX

Technology Triage
By: Jim Calloway Oklahoma Bar Association, Oklahoma City , OK

The Country Lawyer’s Paperless Office
Prepared and Presented By: David L. Masters

The Linn County Bar Association sprang into action and set up a website with those offering assistance. Here is a list of attorneys offering space to those displaced by the flooding :

Temporary Locations for Displaced Attorneys

The following Linn County attorneys and law firms have provided information concerning temporary locations and contact information due to displacement as a result of the flooding:

Arenson & Zimmermann, PLC: “Arenson & Zimmermann, PLC has relocated our physical site to 2nd Flr., 1120 Second Avenue SE, Cedar Rapids , IA. Mail can still be sent to our address of record (see in signature block, below), as we are making arrangements for it to be forwarded, but urgent correspondence should be either dropped off at the temporary address, to the attention of Lauri Chappell (our office manager, who will be at the above-listed physical location) or the applicable attorney. If the correspondence is sufficiently small (e.g. no discovery requests/responses), it can be scanned and e-mailed. Lauri’s e-mail is lchappell@arensonlaw.com; all attorneys and staff have continued access to their standard e-mail addresses. Fax and telephone numbers are unchanged.”

Bertroche Law Office: Mail to same address: PO Box 155 , Cedar Rapids , IA 52406-0155 . Same phone and fax: 319-366-8493; fax 366-3819; jgbjr@bertroche.com . Physical address: 698 Boyson Rd. , Ste. A, Hiawatha , IA 52233

Mark Brown:
1000 Collins Road N.E. Cedar Rapids , Iowa 52402
Phone: 319-378-9544
Cell: 319-329-8022

Cedar Rapids City Attorney’s Office: “Until further notice, the mailing address for the City Attorney’s office of the City of Cedar Rapids is: 3851 River Ridge Drive N.E., Cedar Rapids, IA 52402. As of right now, at least, we are able to use the same e-mail and phone numbers with occasional disruption.”

Christine Crilley: “We have been successful in moving to a temporary location at 146 18th street SW CR—please use this for mailing. Please continue to use our regular phone number 363-5606 as it is currently rolling to my cell phone.”

Day Rettig Peiffer: “Day Rettig Peiffer PC have temporarily relocated to 1950 Dodge Rd. NE, Suite 106 . All Phone and e-mail remain the same.”

Elderkin & Pirnie, P.L.C.: “We are moving on Monday, 6/23/08, to 1500 Second Avenue, Lower Level, Cedar Rapids, IA 52403. Our telephone service will not be installed until 6/25/08.”

Greg Epping: “Greg Epping is temporarily working from The Gruhn Law Firm, 2405 Westdale Drive SW , Cedar Rapids IA 52404 . ph 319 396 9711; fax 319 396 9714. HOWEVER: continue to send regular postage and mail to: 118 Third Ave SE Suite 500 , Cedar Rapids IA 52401 . EMAIL IS THE SAME: gepping@tewlaw.net ”

Fisher, Ehrhart & McCright: “Mail should be sent to same address (Ste. 1010, 425 2nd St. SE, Cedar Rapids, IA 52401-1818). Working from 2750 1st Avenue NE, Ste. 125 , Cedar Rapids . Same phone 366-7795.”

Gloe and Quint: “ The law office of Gloe and Quint is temporarily closed due to flood. Office telephone number has been forwarded to Martha Quint residence Nick Gloe can be reached at 365-3309 Martha Quint can be reached at 390-3570 Mail is being picked up at NE substation Martha Quint e-mail is MarthaQuint@aol.com ”

Gray, Stefani & Mitvalsky PLC: “Gray Stefani & Mitvalsky is temporarily operating at the offices of Brady & O’Shea, 2735 First Ave SE , CR , IA. Our telephone number, remains the same, with calls being transferred. We hope to reclaim and rebuild the beautiful mailing address and e-mail addresses are unchanged. Our FAX number is now 319.866.9280.”

Hallberg, Jacobsen, Johnson & Viner P.L.C.: “The office is closed due to extreme flooding in downtown Cedar Rapids . Due to the office being closed, [main email addresses] being checked very infrequently. You may reach Charles Hallberg at hallberglaw@mchsi.com.”

Joe H. Harris: “Please send mail to my office address. Urgent mail may be sent to 1830 Oak Knolls Court SE , Cedar Rapids , 52403 where I am temporarily practicing at my home. I can be reached through my office number which is being forwarded.”

Holden & Steggall: “Mail should be sent to same address ( 1203 3rd St. SE , Cedar Rapids , IA 52401 ). Phone 363-7401, fax 538-0222. ”

Holmes & Holmes: Mailing address, phone and email remain the same: 222 Third St. SE, Suite 314 , Cedar Rapids , IA , IA 52401, Phone: (319) 365-6259, E-Mail: jamesc@holmesatty.com .

Hong Law Office: “We have temporarily relocated our physical office to Hiawatha, but our contact information (mail, phone, fax, email) is the same: “ P.O. Box 1307 , Cedar Rapids , IA 52406-1307 ; phone (319) 294-5853 and fax: (866) 213-4371; janet@honglaw.com or derek@honglaw.com “.

Iowa Legal Aid, Cedar Rapids office: “As of June 23, we will be working out of a location near the Cedar Rapids airport: 9440 Atlantic Drive , in Cedar Rapids . The Cedar Rapids Regional Office will have new telephone numbers at this temporary location: 319-366-0376 and 319-364-2150. Additional information will be provided as it is available regarding handling of telephone calls and cases.”

Jackson & Jackson P.L.C.: ” Jackson & Jackson P.L.C. has relocated temporarily at Suite 210, 1500 2nd Ave. S.E., but our mailing address still remains at P.O. Box 74198 C.R. 52407. The phone number is the same 319-363-2683, but anyone calling us, must leave a message and their phone number. We will then return their phone call. Thank you.”

Kay Johansen: “My temporary office is located at 504 First Avenue SE , Mount Vernon , IA 52314 . I am available by e-mail at kjohansen@iowabar.org and by cell phone (319)210-0570.”

Johnston and Nathanson: “Johnston and Nathanson is temporarily operating at the offices of Brady & O’Shea, 2735 First Ave SE , CR , IA. Our mailing P.O. Box address, telephone number, fax number and e-mail addresses are unchanged. We hope to reclaim and rebuild the beautiful blue house at 129 1st Avenue .”

Juvenile Court Services Office: “Juvenile Court Services has been moved temporarily to the Linn County Juvenile Detention Facility. We have no computers, thus no e-mail. The phone number to reach the JCOs in Linn Co is 721-2262. We also have no fax capability.”

King, Smith & Boresi: “Due to the flooding of our office, KING, SMITH & BORESI (DJ Smith and Rick Boresi) has relocated to the Securian Advisors office located at 1627 Boyson Road in Hiawatha , IA 52233 . Our phone number remains the same: (319) 363-0294. Our new fax number is (319) 378-1688 which we are sharing with Securian, so please use a fax cover sheet.”

Krug Law Firm: “The Krug Law Firm office on 401 1st St, SE is temporarily closed. At this time, Ed and Sasha are working out of their homes. Ed’s contact information is krugedward@yahoo.com, cell: (319) 360-1692; P.O. Box 186 , Cedar Rapids Iowa 52506 . Sasha Monthei’s contact information is monthei72@mchsi.com; cell: (319) 325-5112; P.O. Box 186 , Cedar Rapids , IA 52406 .”

Michael Lahammer: “I am presently set up at Howes Law Firm, 3200 37th Avenue SW. Phone (319)396-2410 or (319)364-1140. My cell is (319)331-6294.”

John Lane : “I have a temporary office with Mullin & Laverty at 1636 42nd St. N.E. Cedar Rapids , Iowa 52402 . My mailing address and phone number, 363-3839, remain the same. However, the temporary fax number is (319) 395-9192. You can also reach me at attyjohnlane@msn.com .”

Lederer Weston Craig PLC: Please see here .

Linn County Advocate, Inc.: “The downtown office of Linn County Advocate, Inc. is temporarily closed due to flooding. The main office number (319-398-3535) is temporarily being forwarded. Due to line limitations individual attorneys are able to be reached at the following mobile numbers: Julie Trachta (573-4883), Jeremy Elges (573-6150), Anthony Haughton (654-5916) and Brandon Schrock (654-5986). Our mailing address remains 115 3rd St. SE, Suite 815 CR , IA 52401 . We are making every effort to continue to serve our clients and meet their needs during this crisis period and appreciate your continued patience and cooperation.

Linn County Child Support Recovery Unit: “The Linn County Child Support Recovery Unit is presently located at Prairie High School Success Center. The phone number is still 319/398-3619. We presently do not have a fax number. We have email at CSRUlinn@dhs.state.ia.us ”

McCool Law Office: “My phone number is being rolled over to another location. My mail is being held at the post office and is being picked up daily. After Monday, I will be at a temporary location at 740 N. 15th Avenue , Hiawatha. Anything that needs to be delivered in person can be dropped off at that address during regular office hours.”

Moriarty Law Offices, PC:
1000 Collins Rd NE
Cedar Rapids , IA 52402
319-393-5416

Nazette Marner Wendt Knoll & Usher : “Mail should be sent to same address ( 100 1st St. SW, Ste. 100 , Cedar Rapids , IA 52404-5798 ) . Same phone 364-0124 .”

Nidey, Peterson, Erdahl & Tindal : “We are currently using the same e-mail and mailing addresses. In addition we are using the same telephone numbers. Frank Nidey, Scott Peterson and Mark Fisher are currently using 4201 First Ave SE , Cedar Rapids , Iowa 52402 as temporary office space. Clemens Erdahl is currently using the Williamsburg office. Sara Smith is currently using the Iowa City office. Please direct any telephone calls to (319) 369-0000. Also please direct all e-mail and mail to the old Cedar Rapids address. ”

Dan O’Brien: “My temporary location is 2750 1st Avenue NE, Suite 125 , Cedar Rapids . My mailing address, telephone, etc. are the same as before the flood: 425 2nd St. SE, Suite 1010 Cedar Rapids , IA 52401-1818 ,Telephone 366-7795, DOBrien@1010crlaw.com .”

Pickens, Barnes & Abernathy: “Our temporary physical address is to be determined. Our phone number, email addresses, and mailing address remain the same. Any faxes should be sent to 877-592-1367.”

Riccolo & Semelroth: “Mail should be sent to same address (Ste. 1140, 425 2nd St. SE, Cedar Rapids, IA 52401-1848). Same phone 365-9200. Same emails.”

Jeannine Roberts: “My new mailing address is 4403 First Ave SE, Suite 307 , CR 52402 . This will also be my office address beginning July 1 (until then, I will be working from my home). My phone number remains the same. I have access to a fax machine, but you will need to call in advance. My email is jlroberts@iabar.org , although my other email is also working.”

Rush & Nicholson: “Our temporary address is 129 12th St. SE , Cedar Rapids , IA 52503 . Mail should be sent to same address ( P.O. Box 637 , Cedar Rapids , IA 52406-0637 ). Same general phone 363-5209. To reach Bill Nicholson directly, cell is 319-721-8567. No email and no fax. ”

Shuttleworth & Ingersoll, P.L.C.: Please see here .

Simmons Perrine PLC: Please see here .

Les Stokke: “Les Stokke’s office has temporarily relocated to 1636 42nd Street NE , Cedar Rapids 52402 . Mail should be sent and telephone calls made to our usual address and telephone number as everything is being rerouted. However, any faxes need to be sent to (319) 395-9192.”

Terpstra, Epping and Willett: “Ray Terpstra is temporarily housed in office space at 1619 F Ave. NE , Cedar Rapids , IA 52402 . The telephone number for Terpstra, Epping and Willett 319-364-2467 rings to a receptionist at this address who provides forwarding numbers for Greg Epping, Al Willett and Skip Rosser and displaced staff. Mail should still be sent to 118-3rd Ave. SE, Suite 500 , and is being forwarded by the post office for daily pickup. Faxes to Ray should be sent to 319-364-0923. Email remains the same at rterpstra@tewlaw.net . Greg Epping and Al Willett have postings with their respective forwarding information.”

Thinnes Law Firm: “Our phone number is being rolled over to another location. Our mail is being held at the post office and we will be picking it up daily. Kara can also be reached at karalmcfadden@hotmail.com.

White & Johnson: “Rick Johnson and Robert Legislador have temporarily relocated at the offices of Crawford, Sullivan Read & Roemerman, P.C., located at 1800 First Avenue, N.E., 200 Wells Fargo Bank Building, Cedar Rapids, Iowa 52402; Ph: 319-364-0171, Fax: 319-364-1370. Our mailing address of Post Office Box 5878 , Cedar Rapids , Iowa 52406-5878 remains the same. You can also reach us via e-mail: J. Richard Johnson - jrjohnson.law@gmail.com and Robert J. Legislador – legislador.law@gmail.com and via cell phone, J. Richard Johnson, 319-431-0682; Robert J. Legislador, 319-431-8585. Tim White, Jim Radig, Carolyn Beyer, Dominic Pechota, Dan Keys, and Scott O’Shea have established temporary offices at Basille Hall, Room 212 at Mount Mercy College . They can be reached by phone at their former number, (319)364-0900. Mail should be sent to P.O. Box 5878 , Cedar Rapids , Iowa 52406 .”

Al Willett: “I will be practicing law out of my home for the immediate future. My cell phone number is 310-2658 and my home phone number is 362-2921. My mailing address of Higley Building , 118 Third Avenue S.E., Ste. 500 , Cedar Rapids , Iowa 52401 will remain the same. My e-mail address will stay the same, aewillett@tewlaw.net. I don’t have access to a fax machine right now, but I will try to solve that problem soon.”

Wythe Willey: “We are working out of our house office; same e-mail; phone 365-4751; mobile 319-560-4316; address 2880 Indian Hill Road , Cedar Rapids ; Glen Waters mobile 319-325-4595.”

Bob Wilson: Cell Phone: 350-3279

And look at the Agenda for the Linn County Bar Associations Annual Meeting and Flood Recovery Seminar Agenda. Is this what went after Hurricane Katrina?

Annual Meeting and Flood Recovery Seminar
THURSDAY, JUNE 26, 2008
HISTORY CENTER
615 1st Ave SE
Cedar Rapids , IA 52401

9:00 a.m. to 12:00: Panel discussion by Leopold Sher, James Garner and Elwood Cahill from the New Orleans law firm of Sher Garner Cahill Richter Klein & Hilbert LLC
• Court issues for pending cases;
• Employee and personnel issues;
• Setting up a temporary office, dealing with disaster issues and keeping a firm together;
• Real estate issues created by the disaster;
• Insurance issues, particularly business interruption to law firms;
• Their personal experiences and what they learned; and
• Question and Answer period

12:00 to 1:15: Lunch and the LCBA annual meeting.
• Election of Officers
• Brief Remarks from ISBA President Dan Moore

1:15: “Considerations for Displaced Attorneys from a Malpractice Standpoint” Todd Scott ,VP of Risk Management and Member Services for Minnesota Lawyers Mutual

1:45: Report from Federal Clerk Ron Phelps

2:00: Report from Iowa District Court for Linn County, by Judge David Remley, Judge Patrick Grady and Assistant Court Administrator Jane Sweaney.

2:30: TENTATIVE: Jim Calloway of the Oklahoma State Bar Association: “Triage and New Technology”

3:20: FEMA & SBA Overview, by Kerry Finley and Kyle Wilcox from Simmons Perrine, P.L.C. (See PowerPoint Presentation file .)

3:50: Q&A

No Charge. RSVP to Jeannie McCall at jmccall@lynchdallas.com or 365-9101

The following are some of the handouts that will be provided at the seminar:
Never Say Never Again
Sher Brief
Xavier Brief
Marseilles Opinion
Posted in Announcements , 2008 Flood |

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

Construction Safety - Construction Accidents: Scaffolding Safety Requirements

Steve Lombardi — Mon, 07 Jul 2008 09:15:00 GMT

Two more workers have been injured on the construction site of the new K-8 school building under construction in Shenandoah. IOSH (Iowa's version of OSHA) and OSHA will investigate. Radio Iowa reports this is the second accident in which workers have been injured. In this most recent incident some scaffolding collapsed.

Whatever company is the general contractor needs to take charge and enforce safety rules for the protection of the workers. OSHA has specific rules to follow for scaffolding. Here are some general rules to follow when using scaffolding:

General Rules for scaffolding use:

- The wheels must be locked and rigid before climbing on the scaffolding.

- Persons using the scaffolding keep their center of gravity above the scaffolding.

- Scaffolding shall not be moved with someone on it.

- Scaffolding construction shall include all pins, braces and bolts.

- Planks and walk boards shall always be at least 36 inches below the top of the scaffolding.

- People shall not work below or in the fall-zone of the scaffolding.

- The “steps” on the side of the scaffolding shall be in a line.

OSHA has specific rules related to scaffolding use. For the lawyers here is are the relevant sections to review.

1910.28(a)(1)

Scaffolds shall be furnished and erected in accordance with this standard for persons engaged in work that cannot be done safely from the ground or from solid construction, except that ladders used for such work shall conform to 1910.25 and 1910.26.

1910.28(a)(2)

The footing or anchorage for scaffolds shall be sound, rigid, and capable of carrying the maximum intended load without settling or displacement. Unstable objects such as barrels, boxes, loose brick, or concrete blocks shall not be used to support scaffolds or planks.

1910.28(a)(5)

Scaffolds and other devices mentioned or described in this section shall be maintained in safe condition. Scaffolds shall not be altered or moved horizontally while they are in use or occupied.

1910.28(a)(6)

Any scaffold damaged or weakened from any cause shall be immediately repaired and shall not be used until repairs have been completed.

1910.28(a)(17)

Scaffolds shall be provided with a screen between the toeboard and the guardrail, extending along the entire opening, consisting of No. 18 gauge U.S. Standard Wire one-half-inch mesh or the equivalent, where persons are required to work or pass under the scaffolds.

1910.28(a)(20)

Tools, materials, and debris shall not be allowed to accumulate in quantities to cause a hazard.

1910.28(a)(22)

Wire or fiber rope used for scaffold suspension shall be capable of supporting at least six times the intended load.

1910.28(d)

"Tubular welded frame scaffolds."

1910.28(d)(1)

Metal tubular frame scaffolds, including accessories such as braces, brackets, trusses, screw legs, ladders, etc., shall be designed and proved to safely support four times the maximum intended load.

1910.28(d)(2)

Spacing of panels or frames shall be consistent with the loads imposed.

..1910.28(d)(3)

1910.28(d)(3)

Scaffolds shall be properly braced by cross bracing or diagonal braces, or both, for securing vertical members together laterally, and the cross braces shall be of such length as will automatically square and aline vertical members so that the erected scaffold is always plumb, square, and rigid. All brace connections shall be made secure.

1910.28(d)(4)

Scaffold legs shall be set on adjustable bases or plain bases placed on mud sills or other foundations adequate to support the maximum intended load.

1910.28(d)(5)

The frames shall be placed one on top of the other with coupling or stacking pins to provide proper vertical alinement of the legs.

1910.28(d)(6)

Where uplift may occur, panels shall be locked together vertically by pins or other equivalent suitable means.

1910.28(d)(7)

Guardrails not less than 2 x 4 inches or the equivalent and not less than 36 inches or more than 42 inches high, with a mid-rail, when required, of 1- x 4-inch lumber or equivalent, and toeboards, shall be installed at all open sides on all scaffolds more than 10 feet above the ground or floor. Toeboards shall be a minimum of 4 inches in height. Wire mesh shall be installed in accordance with paragraph (a)(17) of this section.

1910.28(d)(8)

All tubular metal scaffolds shall be constructed and erected to support four times the maximum intended loads.

..1910.28(d)(9)

1910.28(d)(9)

To prevent movement, the scaffold shall be secured to the building or structure at intervals not to exceed 30 feet horizontally and 26 feet vertically.

1910.28(d)(10)

Maximum permissible spans of planking shall be in conformity with paragraph (a)(9) of this section.

1910.28(d)(11)

Drawings and specifications for all frame scaffolds over 125 feet in height above the base plates shall be designed by a registered professional engineer and copies made available to the employer and for inspection purposes.

1910.28(d)(12)

All tubular welded frame scaffolds shall be erected by competent and experienced personnel.

1910.28(d)(13)

Frames and accessories for scaffolds shall be maintained in good repair and every defect, unsafe condition, or noncompliance with this section shall be immediately corrected before further use of the scaffold. Any broken, bent, excessively rusted, altered, or otherwise structurally damaged frames or accessories shall not be used.

1910.28(d)(14)

Periodic inspections shall be made of all welded frames and accessories, and any maintenance, including painting, or minor corrections authorized by the manufacturer, shall be made before further use.

There are more specific rules but this will give you a place to start. These rules are what IOSH will be using to determine if a violation has occurred and if so how it can be corrected. The GC needs to be applying these same rules.

Originally posted at InjuryBoard by Steve Lombardi