Seattle Employer Fined More Than $215,000 for Serious Safety Violations

Today’s post comes from guest author Kit Case, from Causey Law Firm.

A Seattle employer has been cited for multiple serious workplace health violations after a worker became entangled in a rotating shaft while working inside a confined space. In connection with the citation, the Department of Labor & Industries (L&I) fined Industrial Container Services $215,250 for exposing workers to serious harm or even death. L&I cited the company previously for many of these hazards, but they had not been corrected.

Industrial Container Services refurbishes metal drums and other industrial containers. The company operates a “drum shot-blaster unit,” a 24-foot long tunnel with a series of rotating shafts that move metal drums through as they’re being shot-blasted to remove paint and coatings.

L&I began its investigation in January 2015 after a worker was hospitalized after being injured while working inside a drum shot-blaster. The investigation found that workers were regularly entering the equipment to perform maintenance and repair without the necessary safety precautions.

Working inside a “confined space” area, such as the drum shot-blaster unit, without safety precautions can be deadly to workers and would-be rescuers. Confined space hazards can include suffocation, toxic atmospheres, engulfment, entrapment and other dangerous conditions. These incidents are fully preventable.

When a confined space has hazardous characteristics that could harm workers, it’s considered a “permit-required” confined space. That means employers must control access to the area and use a permit system to prevent unauthorized entry. Anyone working in or around a permit-required confined space must be trained and there must be safety measures and rescue procedures in place.

L&I cited the company for seven “failure to abate” serious violations related to the confined space hazards, and for not ensuring that moving parts were de-energized to prevent workers from becoming caught in machinery. These violations were originally cited in October 2013 and had not been corrected. Each of the violations carries a penalty of $22,750.

L&I also cited the company for four “repeat-serious” violations and four “serious” violations related to confined-space procedures and energy control measures (lockout/tagout), with penalties ranging from $11,700 to $4,550.

As a result of these safety issues, Industrial Container Solutions has been identified as a severe violator and could be subject to increased scrutiny at all its locations nationwide.

The company has appealed the citation. Penalty money paid in connection with a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.

For media information or a copy of the citation, contactElaine Fischer, L&I Public Affairs at 360-902-5413.  


Photo credit: XcBiker / Foter / CC BY-SA

Research First: Growing and Developing Intellectual Content at EYP

Today’s post was shared by The Green Workplace and comes from

Leila Kamal is an architect and Vice President at EYP. As a key member of the Senior Leadership Team at EYP she contributes to the strategic vision and planning of the firm and manages the firm’s expanding behavioral research program which is assessing how the built environment can influence cross-disciplinary inquiry, build intellectual community, engage students in informal learning activities, and ultimately impact student learning.

[Click here to see the rest of this post]


1,00 Walmart, J.C. Penney, And The Children’s Place Employees Dead After Building Collapse

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

On April 24, 2013, an eight-story factory, known as The Rana Plaza, in Bangladesh came tumbling down killing 1,100 workers and leaving 2,500 injured. This number includes workers and their children that were in the onsite nursery at the time the building collapsed. The most disturbing part is that the employers knew that the building was unsafe before it collapsed. In fact, the day before the accident, the building was evacuated due to structural cracks that could be seen throughout the building. The next day workers were ordered to return to work as usual.

In a complaint filed July 21, 2015 family members of some of the employees who were killed claim that the building’s owner failed to comply with the building codes that could have prevented the deaths of so many innocent workers. The plaintiffs in the suit are seeking compensatory and punitive damages for negligence and wrongful death.

The plaintiffs claim that the reason that the retailers could supply “garments at such a low cost was because the subcontractors often operated substandard and unsafe factories which put garment workers at significant risk of severe personal injury or death.” A few of the U.S. based employers that were located in this building are Wal-mart, The Children’s Place and J.C. Penney.

Read more here:

Original Article posted on




Roofing Company Owner Faces Felony Charge for Not Paying Workers’ Comp

Today’s post comes from guest author Kit Case, from Causey Law Firm.

A Mason County, WA roofing contractor faces a criminal charge for allegedly failing to provide workers’ compensation insurance for his employees while they were on the job.

The Washington State Attorney General’s office has charged Peter Daniel Yeaman, 55, with unregistered contracting and doing business when his workers’ comp coverage was revoked.

The latter charge is a felony with a penalty of up to five years in prison and a $10,000 fine. Yeaman is scheduled for arraignment in Kitsap County Superior Court today, July 23.

The case resulted from a Department of Labor & Industries (L&I) investigation into Yeaman and his company, Southgate Roofing, of Belfair.


Unfair business advantage

“When contractors skip out on workers’ comp, it’s illegal and it’s incredibly unfair to legitimate contractors who pay their fair share and get underbid by these lawbreakers,” said Annette Taylor, deputy assistant director of L&I’s Fraud Prevention & Labor Standards. 

“Workers’ comp premiums for roofers are among the highest in building construction and the trades, based largely on the safety risks those workers face.”

State law requires employers to provide their employees with workers’ compensation insurance. The coverage provides medical care and other financial support if employees are injured on the job.

Construction contractors also must register with L&I. The department confirms they have liability insurance and a bond and that, if they employ workers, they’ve paid their workers’ comp premiums.


At least six roofing employees

L&I suspended Southgate Roofing’s contractor registration in November 2012 for failing to pay workers’ comp premiums, and later officially revoked the company’s workers’ comp coverage.

Nonetheless, according to the charges, L&I found two consumers in Silverdale who had work done by the company in May 2014 and in August 2014.

During the August job, six workers told an L&I inspector they worked for Southgate Roofing. Yeaman himself told the inspector he needed to pay a bill before he could register as a contractor, charging papers said.


Eight previous infractions

In addition, the charges say that between October 2013 and September 2014, the company bought roofing materials numerous times from a Bremerton supplier and made numerous trips to a Bremerton disposal site.

Apart from the criminal charges, L&I has cited Yeaman with six unregistered contracting and two permit-related infractions since 2013, and several safety violations in 2013. L&I currently lists him as ineligible to bid or work on public works projects. He owes the department more than $28,000 for the unpaid fines and more than $131,000 for unpaid workers’ comp premiums, penalties and interest.

Photo credit: davidwilson1949 / Foter / CC BY 


WILG Turns 20! Worker’s Injury Law And Advocacy Group 20th Anniversary

Today’s post comes from guest author Thomas Domer, from The Domer Law Firm.

I joined WILG in its 1995 inaugural year. At those early conferences, my colleagues around the nation were battling workers’ comp “deform,” and engaged in political battles in their respective states, lobbying legislators on behalf of injured workers’ rights.

I thought I was relatively insulated in Wisconsin, the national “model” state for workers’ comp, with an Advisory Council composed of management and labor which each biennium produced an “agreed-upon” bill that was accepted by the legislature.

The Republican ascendancy in Wisconsin (Scott Walker as Governor, and both Assembly and Senate controlled by Republicans) has decided to ignore 100 years of progressive legislation and ignore the Advisory Council’s recommendations. This dangerous precedent will make workers’ comp more politicized, and threaten the stability of Wisconsin’s workers’ comp system. Wisconsin, like other states, will be part of a “race to the bottom” in workers’ rights and benefits.

WILG’s current President, Matt Belcher of Illinois, provided this summary of the state of workers’ comp as WILG celebrates its 20th anniversary:

”We have never been better positioned as a national organization to advocate on behalf of the families of injured workers.

Recent success in reviewing courts have highlighted nationally the unconstitutional danger posed to the community when injured workers lose access to effective legal representation, have capricious benefit limits imposed upon them, or are disabled due to unfair medical treatment bureaucracies.

WILG and its members have been at the fore of litigation battles where catastrophically injured workers have lost their savings, been forced onto welfare rolls and into Social Security Disability plans while simultaneously being denied access to the civil courthouse and the free exercise of their 7th amendment right to a jury trial. See Wade v. Scott Recycling (Virginia); Malcomson v. Liberty Northwest (Montana); Pilkington & Lee v. State of Oklahoma (Oklahoma); Padgett v. State of Florida (reversed on procedural grounds), Westphal v. City of St. Petersburg, and Castellanos v. Next Door Company (Florida).

The United States Department of Labor in coordination with OSHA have finally “discovered” that employee misclassification and wage theft are rampant, and that the cost-shifting externalization of care for injured workers is as poisonous as it is pervasive.

Perhaps most fundamentally, ProPublica, bolstered by the imprimatur and audience of NPR, has created a national conversation and awareness of the oppressed plight of injured workers with its feature The Demolition of Workers’ Compensation which exposed to the public domain the travesty and arbitrary injustice we slog through on a daily basis.

If we are uncritical we shall always find what we want. -Karl Popper

Continual, constructive self-assessment of our organizational efforts is indispensable to the accomplishment of our mission. Are we really doing the best job possible and are we succeeding to our complete potential?

Governors in the traditionally blue states of California and New York have signed away the long term financial security of millions of families of injured workers while Texas and Oklahoma have essentially jettisoned workers’ compensation benefits, allowing indifferent employers to Bail-Out of their responsibility to provide for the safety and security of working families. Further corporate front group Bail-Out initiatives are fermenting in the legislatures of Arkansas, Kansas, North Carolina, South Carolina, Tennessee and Wyoming.

In my view, the state workers’ compensation system is in its most dire situation in at least the last half-century. -Prof John F. Burton, Jr.

Professor Burton is clearly referencing only the perspective of the injured worker and not the immense wealth of the $85 billion insurance industry where insurance carriers now earn $6.20 in profits for every $100 of net premiums; and, private employers on average pay only 44 cents per hour for each employee to be provided with coverage.

Empirical evidence reliably demonstrates that each reduction in benefits to an injured workers’ family subsequent to “reform” has not translated into lower premiums for small business but primarily in greater profit for the self-insureds and the insurance industry. From 2007 to 2012, workers’ compensation benefits and costs per $100 of payroll were lower than at any time over the last three decades, while insurance company investment profits in 2011, 2012, and preliminarily for 2013, have topped 14% annually.

According to OSHA, workers’ compensation benefits now cover only 21% of workers’ compensation liabilities–shifting 79% of the true cost to others, including the injured workers’ family and taxpayers–while our firsthand knowledge demonstrates the inadequacy of current benefit levels and the injustice of the AMA Guides, ODG Treatment Guidelines, Primary Cause, Medical Formularies and the literal evaporation of effective vocational rehabilitation for those injured workers who have lost access to their prior occupation.

Therefore, my beloved brethren, be ye steadfast, unmovable, always abounding in the work of the Lord, for ye know that your labor is not in vain in the Lord. -1 Corinthians 15:58

I believe it will be the exponential participation of you, the existing member, which fosters our mission as much as the sheer addition of new members. The existential purpose of the organization must always be vigorous and exigent advocacy, not just growth and the collection plate. We must collect accomplishments, not only numbers.

Together we can do that, but we must have an active outreach program that communicates to the public, to the media and to state legislators the value of workers’ compensation and the cost of its failure. If business can focus-group a new Doritos flavor, I am confident we can use a similar approach identifying crux “reptile” talking points, plus distilling and building upon the points raised in the ProPublica series to focus our messaging.”


Texas Trench Collapse Results in $400k OSHA Fine and 16 Safety Violations

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

On July 22, 2015, Hassell Construction Co. was cited by OSHA for 16 safety violations (including 6 egregious willful violations) and given a whopping $423,900 fine. Hassell Construction Co. is a construction company based in Richmond, Texas with about 150 employees that construct water and sewer lines around Houston, Texas. The employer was given 15 business days to comply with each citation, request an informal conference with OSHA’s Houston South area director, or contest the citations and penalties before the OSHA Health Review Commission.

These citations were given after a trench that was 8 feet below the ground collapsed in February crushing an unsuspecting employee. Luckily, the worker was dug out by his co-workers using their bare hands. The minute the worker was freed from the trench, the trench collapsed a second time.

According to OSHA’s regional administrator in Dallas, John Hermanson, “Hassell Construction knew its trenches weren’t safe, but still put its workers in harm’s way.” Due to the fact that trench cave-ins such as the one in February are completely preventable OSHA has also placed the construction company in the Severe Violator Enforcement Program which often inspects employers and mandates follow-up inspections to ensure that they are complying with the law. In North Carolina, a similar incident allowed the employee to sue the employer directly and overcome the exclusivity provision of the North Carolina Workers’ Compensation Act. Woodson v. Rowland. 373 S.E.2d 674 (1988).

Read about the citations here:

Original Article 7/22/15 posted on


How the Supreme Court Decision on Same-sex Marriage Applies in the Workplace, Part 2: Family and Medical Leave Act

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

Another consequence of the decision legalizing same-sex marriage is that same-sex spouses are eligible for FMLA leave to take care of a spouse with a serious health condition. This raises some difficult practical questions, such as how FMLA leave works for same-sex couples that include: 

Can an employer ask for a marriage certificate when an employee asks for leave to take care of a same-sex spouse? 

The answer to this question is probably yes. The U.S. Department of Labor states that an employer can ask for a verification of marriage so long as they don’t discriminate in the requirement. An employee with a newly legally recognized same-sex marriage may feel inconvenienced that they have to prove their marital status to get FMLA leave. They might also feel they are being discriminated against because heterosexual individuals aren’t asked to provide a marriage certificate when they take FMLA leave to take care of their spouse. However, if an employer requires heterosexual couples to verify marriage through a producing a marriage certificate for insurance purposes, it could make sense that a heterosexual person is not asked to produce a marriage certificate to take family leave, if they have already done so for insurance purposes. 

Taking family leave can be stressful, and I am sure there are some human-resources officials who hold anti-LGBT attitudes. But even if an employer doesn’t request a marriage certificate for heterosexual couples to verify FMLA leave, employees should assume that the request is made in good faith. Courts favor individuals who comply with the requests of their employers, even if those requests aren’t made within the letter of the law. 

In states where marriage was same sex marriage was legalized by Obergefell, when do FMLA protections start?

In states like Nebraska, where the Obergefell decision legalized same-sex marriage, an interesting question is whether an employer is required to retroactively count family leave as FMLA if the leave started before the marriage was formally legalized in that state but the individual’s same-sex marriage was recognized in another state. This is a pertinent issue in Nebraska, since many same sex-couples were married in nearby Iowa, which has recognized same-sex marriage since 2009. The U.S. Department of Labor would likely argue that if you married your same-sex partner in Iowa that you would have had FMLA protections in Nebraska to take care of your spouse even if Nebraska didn’t recognized same marriage until June 26, 2015. But courts may not give much weight to the opinion of the U.S. Department of Labor. This issue is a legal toss-up. The best thing that same-sex couples can do to protect their rights to FMLA leave is to not give their employer any valid excuses for terminating them for taking FMLA leave. 

Please click here to read part one of this series. Feel free to contact our office if you have questions about the issues raised in these two posts.

Biocontainment Planner / Expert

Today’s post was shared by The Green Workplace and comes from


Prominently ranked on numerous industry “best of” lists, EYP Architecture & Engineering is a national, award-winning architectural and engineering firm with a strong commitment to design excellence. Our portfolio includes new construction, renovation and historic preservation projects for college and university and government clients. EYP is currently seeking a Lab Planning Expert to support our growing firm. The position will be responsible for focusing EYP’s intellectual capital in the area of lab planning and gaining recognition for the firm’s expertise in this area among clients and peers. Essential duties would include:

  • Provide consultative services to project teams in area of biocontainment planning and design, including containment for animal facilities.
  • Work directly with clients to develop biocontainment requirements, room data sheets, systems requirements, and scientific equipment schedules
  • Direct experience with USDA, NIH, CDC, and other relevant regulations and guidelines including BSL 1-3+, CL-1-3 is required, BSL -3Ag/4, CL-4 experience optional.
  • Experience with SOP, protocol, and biosafety controls and procedures
  • Working knowledge of relevant biosafety systems, equipment, procedures, and protocols
  • Working knowledge of sterilization, decontamination, and waste handling systems
  • Conduct learning sessions for EYP staff to broaden staff knowledge in area of lab planning
  • Speak or participate in professional conferences…

[Click here to see the rest of this post]