January 31, 2019 | Workplace Accidents
A 41-year old cheese factory worker was recently killed at work when he apparently fell into a mixing machine. The ICCO Cheese Co. manufactures grated cheeses and bread crumbs in Orangeburg, Rockland County.
According to police, the male employee was at his assigned work station when the incident occurred. There are no cameras at the business that may have recorded this workplace accident. The Occupational Safety and Health Administration (OSHA) reported to the scene as well as EMS personnel. At this time, police believe the victim’s death to be accidental.
If negligence caused this worker’s death, his family may be eligible to pursue a wrongful death claim. This action may help provide compensation to cover burial and funeral expenses as well as loss of income, loss of companionship and even punitive damages for extreme carelessness.
OSHA Must Investigate and See That Corrective Action Is Taken
In the U.S., 5,147 workers were killed on the job – an average of more than 14 per day. (statistics from OSHA)
OSHA is part of the U.S. Department of Labor. OSHA’s charge is to set and enforce protective workplace safety and health standards. The department also provides information, training and assistance to employers and workers. You can learn more at this “OSHA at a Glance” publication.
Employers must report worker fatalities to OSHA quickly – within 8 hours. The agency investigates all work-related deaths in all covered workplaces and has up to 6 months to complete its investigation and decide whether or not to issue citations.
The key elements of an OSHA investigation include:
· Preserving and documenting the scene to save material evidence and capture vital information.
· Collecting information through interviews and reviewing documents such as company policies, equipment manuals, maintenance schedules and training records.
· Determining the root causes of an incident, not just finding fault or blame.
· Implementing corrective actions that are specific and address the root causes.
For this case of the ICCO worker fatality, the OSHA investigation should determine what happened and why, and devise and implement actions to reduce the risk of this particular accident recurring.
Let Us Know If You Have Been Hurt at Work
If you or a family member has been harmed by a defective product, car accident, truck accident, construction accident, slip and fall or any other type of personal injury, please contact StolzenbergCortelli, LLC Attorneys at Law immediately. Please call us for a free consultation. Attorneys Howard Stolzenberg and Terrence James Cortelli, personal injury attorneys in White Plains, Nyack and New York City, will fight to secure justice for you and your family. You can reach us at 800-494-0889 or contact us via the website.
Stolzenberg Cortelli LLP