workplace safety

Published on: April 5, 2022

Truck Drivers Call for Increased Parking Facilities

An accident with a tractor trailer truck most often ends up causing catastrophic if not fatal injuries. Driver fatigue is a major factor in the thousands of trucking accidents that occur in and around Georgia as well as around the country ever year. To combat this, it is crucial that truckers get a chance to rest and get refreshed during their workday, and trucking groups are now calling for rest facilities to be expanded.

President Biden’s $1 trillion infrastructure package allocates millions of dollars for transportation spending. Trucking groups as well as driver advocates are calling on the administration to use some of that money and invest it in the expansion of truck stops for drivers. Truck drivers often drive long distances that they are expected to travel all alone. That can increase the risk of fatigue and tiredness. Besides, truck drivers are mandated to drive only for a fixed number of hours before they are required to rest. The problem is that appropriate rest facilities are hard to find. You can hardly park a massive 80,000- pound tractor trailer by the side of the road. Designated truck stops have not just parking facilities where truckers can park their vehicles for a few hours while they sleep, but also offer food, refreshments and other facilities.

The American Trucking Associations and the Owner Operator Independent Drivers Association are calling on Transportation head Pete Buttigieg to allocate funds for the expansion of these facilities around the country. They claim that as many as 98 percent of truck drivers find it hard to find a good truck stop or rest area for them to rest before they commence driving. They say they spend almost an hour away or more trying to find safe spots, instead of resting.

Published on: September 4, 2019

Amazon Tries to Get Around the Law and Their Delivery Drivers’ Accidents

by Robert N. Katz, Esq.

We have all seen the army of Amazon delivery drivers throughout metro Atlanta and the state of Georgia. They can be in box trucks, delivery vans or even passenger vehicles. With the sheer number of deliveries being made by Amazon every day, one may wonder how many vehicle accidents involving these drivers occur on any given day. A recent article by ProPublica highlighted the retail giant Amazon and its policy regarding auto accidents involving delivery drivers.

Many of the deliveries made by Amazon are by drivers that are independent contractors, versus those with commercial delivery companies such as UPS or FedEx, or regular employees. The reason Amazon has chosen to use so many contractor drivers over the recent years is to cut costs. This is because using contractors does not involve the overhead costs that are involved with regular employees.

The ProPublica article noted that since June of 2015, there have been more than 60 accidents involving the Amazon delivery drivers that resulted in very serious injuries. Ten of these accidents were fatal. These numbers were based on the limited data that was available, so there is a high likelihood of many more unreported accidents.

Published on: July 22, 2013

New Federal Rule Governing Trucker Hours of Service Goes into Effect

by Robert N. Katz, Esq.

On July 1, a new federal law that modifies current hours-of-service rules went into effect, affecting thousands of truckers on U.S. highways.The law is meant to help keep our highways safer, and reduce the number of truck accidents caused by drivers who are driving while fatigued or drowsy.

Under the law, truck drivers will be required to take a break of at least a half hour in the first eight hours after they begin driving.The rule also sets a maximum work week of 70 hours, a reduction from the earlier 82-hour limit.

These are significant changes, and have come as a result of concern over the dangers from drowsy truckers on U.S. highways.There have been a number of serious accidents involving truck drivers who were fatigued and sleepy while driving.Drowsy driving is a major safety concern, and it affects not just commercial truckers and bus drivers, but also motorists.In fact, drowsy driving is believed to be one of the most neglected and underestimated safety issues impacting our roads.

Published on: August 6, 2011

Workplace Safety Concern at Tyson Foods Plant Addresses Viability of Workers’ Compensation

by Robert N. Katz, Esq.

In May, the Occupational Safety and Health Administration issued 10 safety citations against Tyson Foods at one of its plants. Nine of the violations cited conditions that posed a "substantial probability" of wrongful death or serious personal injury from a hazard the employer knew, or should have known, about. The third was a repeat violation that the company had been asked to fix once before. So serious were the violations that OSHA fined the food processor $71,500, which was $30,000 more than the original estimate. It is these types of plants that often result in significant workers’ compensation claims.

The hefty price tag that accompanied the violations is understandable in light of the offenses. Says reporter Rick Romellof the Journal Sentinel, among the violations are: an inadequate guardrail; battery cables hanging outside the running lines of two forklifts; failure to ensure that refrigeration mechanics wear tight-fitting, annually tested respirators; and a lack of clear instructions in operating procedures for handling emergencies with equipment. The Occupational Safety and Health Act of 1970 (OSH Act) requires that employers provide their employees with work and a workplace that is free from recognized, serious hazards.Some duties under the act include:

Making sure employees are aware of all safety procedures and drills.

Published on: April 8, 2011

Hundred-Year Anniversary of Factory Accident That Led to Workers’ Compensation Reform

by Robert N. Katz, Esq.

Last month, Atlanta workers compensation lawyers marked the 100th anniversary of the deadly Triangle Shirtwaist factory fire that killed 146 workers, and sparked a public outcry, ultimately resulting in Workers’ Compensation reform and more rights for workers. Injuries to workers was very common in this time period. However, it took a workplace tragedy to spur reform.

The accident occurred on March 25, 1911, as workers, mainly tailors and seamstresses, at the factory were about to head home for the day.Many of them never made it out.The building was already on fire, and most of the women, mainly young immigrants, were trapped inside the building.

Shockingly, the doors had been locked, and many of the victims died trying to force them open.Some had no choice, but to jump out of the windows.The horrors inside the building were only matched by the incompetence outside.Firefighters rushed to the scene, but quickly found that their hoses would reach only the sixth floor of the Asch Building, which housed the factory on the 8^th, 9^th and 10^th floors.Firefighters were left with no other choice, but to form human chains to reach the higher floors, and use nets to catch those who desperately jumped out the windows.Most of these efforts were unsuccessful.After the tragedy, the factory owners were indicted for manslaughter, but were soon acquitted.

Published on: January 18, 2011

Employers Move to Minimize Risk of Distracted Driver Auto Accidents

by Robert N. Katz, Esq.

As Atlanta car accident attorneys, we believe minimizing texting or talking on the cell phone while driving requires cooperation not just from individual motorists, but also from society at large. To avoid as many car accidents as possible, employers have a big role to play in ensuring that their employees refrain from using a cell phone while driving. A new survey by the National Safety Council finds that one out of every five Fortune 500 companies has a policy in place that prevents employees from using cell phones while driving. These policies have a significant impact in decreasing the number of distracted driving auto accidents.

There have been increasing signs that more and more employers are taking the need for such workplace policies seriously. Out of the companies that responded to the survey, more than 50% had implemented such safety policies since 2008.

It was the federal administration which kick started the initiative to encourage employers to implement anti-distracted driving policies in the workplace. In 2009, the Obama administration announced a ban on cell phone use while driving for federal employees while driving government-issued vehicles, and using government-issued cell phones. Since then, private employers have followed suit, encouraging employees to switch off their cell phones while driving. Encouraging employers to implement such policies has become more important since the economy began sinking. Employees now are under more pressure than ever to stay constantly in touch with the office, even while driving.

Published on: December 28, 2010

FMCSA Proposes New Truck Driver HOS Rules to Prevent Truck Accidents

by Robert N. Katz, Esq.

The Federal Motor Carrier Safety Administration, which is responsible for issuing regulations to decrease truck accidents, this week proposed a series of changes in the current Hours of Service rules for truck drivers. According to the agency, the new rules will give the drivers more rest in a workday, allowing them to work fewer hours, and reducing the possibility of truck accidents. Of course, truck accidents pose one of the greatest risks of serious personal injury and death to drivers of cars. Lawyers for trucking companies and injury attorneys will be monitoring these changes very carefully.

Overall, the changes have been encouraging to Atlanta truck accident lawyers. The FMCSA is proposing the following changes:

· The possibility of restricted driving time from 11 hrs daily to 10 hours

Published on: March 18, 2010

Truck Driver Safety Spearheaded by Jason’s Law

by Robert N. Katz, Esq.

The widow of a trucker, who was killed during a robbery as he parked his truck in an abandoned gas station, is spearheading legislation to allocate funds for truck stop and rest area expansion across the country.

Hope Rivenburg’s husband Jason was shot on March 5, 2009 by a robber at a gas station in South Carolina. Rivenburg was waiting for a milk store to open to make his delivery. At the time of his death, Hope was pregnant with their twins.

A year later, Hope Rivenburg is lobbying for legislators to pass Jason’s Law. The legislation will pay for a pilot program to build new parking facilities and rest areas in high-tech corridors across the country that are currently starved for such truck stops. The law will also provide for enhancement of current truck stops, opening up of current parking facilities to allow parking of trucks, and easier access to safe parking areas.

Published on: January 7, 2010

Longer Hours of Service for Truckers Up For Debate

by Robert N. Katz, Esq.

It looks like the Federal Motor Carrier Safety Administration wants to make sure that any new Hours of Service rule for truckers includes public concerns. The agency has announced public listening sessions to gain public input about the issue.

Trucker working hours have been a subject of great debate since these were changed to 11 hours from the previous 10 years by the Bush administration in 2008. As Atlanta trucking accident attorneys, we have strongly opposed any move to increase the number of consecutive hours a trucker can operate his rig, because of the risk of driver fatigue. An additional hour can save the industry approximately $2 billion a year, but places the trucker and innocent motorists at high risk of an accident.

Last year, the Federal Carrier Motor Carrier Safety Administration promised that it would revise the trucker HOS rules, and come up with a new set of rules. The agency has now announced on its website, a series of 4 listening sessions that will allow the public to add their suggestions or comments to the decision-making process. The first three sessions will be held in Dallas, TX, Arlington, VA and El Segundo, CA. The fourth venue is expected to be announced soon. The agency has also drafted a list of questions that will be discussed during the sessions.

Published on: October 28, 2009

Trucking Hours Reviewed by Obama Administration

by Robert N. Katz, Esq.

As Georgia truck accident lawyers, we have spoken out against the rule allowing a truck driver to drive for 11 consecutive hours. The rule was passed by the Bush Administration, which proposed it a total of 3 times during its tenure in the White House. It was blocked twice in court after consumer safety advocates and truck safety groups challenged the rule, claiming that the government had failed to determine its impact on trucker health and motorist safety. But the Bush administration ultimately succeeded in reinstating the rule.

Now, the Obama Administration has agreed to review the 11-hour rule. The Associated Press is reporting that on Monday, the Federal Motor Carrier Safety Administration signed an agreement with safety and labor groups, promising to revise the rule. For now, the FMCSA is not saying how it will revise the rule, and what new limits will be placed on trucker hours, but as Georgia truck accident lawyers, we hope that any new rule will be closer to the ten-hour limit that was earlier in place. The agency has said that it will consider the situation, and come up with a new rule within the next 9 months.

For truck safety groups who have been campaigning against the rule, it is a hard fought victory. These groups include those who have lost the most from the rule – parents of victims of truck accidents involving fatigued truckers driving beyond their stipulated working hours.