Tulsa Workers' Compensation Law Blog

Nail guns are frequently used in construction projects and other industries in Oklahoma. Although they are known to increase productivity, the ease of operating nail guns has sent many construction workers to hospitals. They are powerful tools, and according to the Centers for Disease Control and Prevention, approximately 37,000 nail gun injuries are treated in emergency rooms nationwide each year. Almost 70% of those are workplace injuries, with the rest reported by consumers.

Safety authorities say the primary risk factors include unintended discharge of nails when the operator accidentally hits the safety contact while his or her finger is on the trigger. Accidental double-fires can also cause unintentional nail discharge. A nail that penetrate right through the workpiece is another common hazard, as is a nail that ricochets when discharged onto metal frames or hard surfaces. Inaccurate work and missing the target is dangerous, and this often happens when working in awkward positions.

Forklifts are valuable tools in various industries in Oklahoma, from construction sites to fulfillment centers. Unfortunately, the dangers posed by these machines are not always recognized. The Occupational Safety and Health Administration has strict safety standards related to the operation of forklifts. However, sight must not be lost of the workplace injury hazards these machines pose to other workers who share work areas with forklifts.

This danger was recently underscored by a forklift accident on the site of a museum renovation in another state. Reportedly, in an attempt to lift a vault, a metal access panel on the floor gave way, causing a 51-year-old worker to fall six feet into the basement below. To add to the tragedy, the 2,000-pound forklift also tumbled down onto the worker, crushing him.

Each year, the Occupational Safety and Health Administration reports the top 10 safety violation citations that were issued nationwide, including Oklahoma. This analysis serves different purposes, one of which is to underscore the importance of safety standard compliance in the prevention of workplace injuries. Safety authorities say the top 10 list also shows the level of compliance among U.S. business owners.

However, announcing these numbers seems to make little difference because the results for the fiscal year 2019 were very similar to those of FY 2018. The top 10 positions remained the same, except for last year's fourth and fifth positions trading places. This makes lockout/tagout citations number four and respiratory protection number five in FY 2019. The most prevalent category remained fall protection violations at number one; however, violations related to fall protection safety training came in number eight. It is also interesting to note that numbers three, five and seven -- scaffolds, ladders and industrial trucks -- also pose fall hazards.

Firefighters put their lives on the line every day to save others. While most workers in Oklahoma can find comfort in knowing that the workers' compensation program would have their backs if they should suffer workplace injuries or occupational illnesses, firefighters might find it difficult to obtain benefits. Certain diseases are presumed work-related for firefighters, but the claims process could be daunting.

Under Oklahoma laws, respiratory system injuries, heart disease, infectious diseases and development of any type of cancer in firefighters are presumed to be conditions that result from workplace hazards inherent to their occupation. However, claims for compensation can be denied if contrary evidence can be shown. This could significantly complicate the claims process for affected firefighters.