Chula Vista California Workers' Compensation Law Blog

The California Division of Occupational Safety and Health urged employers to heed the high temperatures that have been predicted and protect workers from excessive heat exposure. Temperatures are expected to reach up to 100 degrees in the coming weeks. Taking the necessary precautions can prevent heat illness, and yet, each year the state-regulated workers' compensation program receives benefits claims from workers who were not protected.

Cal/OSHA says the safety standards apply to all workers who spend substantial hours outdoors, including those in construction, landscaping and agriculture. Also groundskeepers, security guards and delivery drivers who spend many hours in vehicles without air conditioning are also a concern. The vulnerability of workers must be assessed according to their duties and the time they are exposed to high temperatures.

Construction workers in California and elsewhere risk their lives whenever they enter trenches. The number of workers' compensation benefits claims that follow cave-ins is concerning, and authorities hope that the upcoming Trench Safety Stand Down from June 17 to 21 would prevent future wall collapses. Although trenches and excavations are both human-made cuts or depressions in the surface of the earth, trenches are those of which the depth is greater than the width, with widths not exceeding 15 feet.

Workers are reminded that they have the right to refuse to enter unprotected trenches. Any such an excavation that is deeper than five feet and not made entirely of solid rock must be protected by sloping the wall to incline away from the opening or by benching, which involves the walls shaped in steps. Shoring and shielding are options that make use of supports to strengthen the walls or trench boxes that protect workers by enclosing them and preventing cave-ins. The suitable method of protection depends on various factors, such as water content, soil type and more, and a designated competent person must consider them to determine the appropriate support system to be used.

Authorities say a significant percentage of workers suffer workplace injuries attributable to their own fault. Fortunately, the California workers' compensation insurance program is a no-fault system that pays benefits regardless of who caused a work-related accident. Benefits claims data shows there are some contributing factors that lead to many preventable work injuries.

Neglected housekeeping leads to slips, trips and falls that cause sprains, strains, lacerations and other more severe injuries such as traumatic brain injuries. Distractions also contribute, and they can be caused by noise and clutter in the work area, or personal issues could cause mental distractions that often lead to the loss of focus on the job. Workers with many years of experience in particular jobs often become complacent. This could lead to taking shortcuts that increase the risks of workplace injuries.

First responders in California and elsewhere face severe consequences due to exposure to opioids such as fentanyl. Although they are covered by the state-regulated workers' compensation insurance system, the risks could be life-threatening. The National Institute for Occupational Safety and Health says emergency workers could inhale aerosols or powders, ingest them or they could come in contact with mucous membranes, particularly involving the eyes.

Opioids can also enter their bodies through broken skin, often caused by needlestick injuries. Authorities say the potency of fentanyl is as much as 50 times higher than heroin, and exposure can rapidly cause respiratory depression that could be fatal. Opioids are divided into synthetic and prescription drugs, and statistics show that the number of deaths caused by synthetic opioids far exceeds those caused by prescription drugs.