When workers must clean or maintain machinery, they must have a way to secure the machinery in a way that no energy is unleashed on the worker. OSHA's lockout and tagout regulations ensure that employers have a plan and method to lockout equipment and to train employees. With the large numbers of injuries to workers in Texas, this is very important for employers to follow and know.
Transcript:
Justin Hill: Welcome to Hill Law Firm Cases, a podcast discussing real-world cases handled by Justin Hill and the Hill Law Firm. For confidentiality reasons, names and amounts of any settlements have been removed. However, the facts are real, and these are the cases we handle on a day-to-day basis.
In law school, we were able to take a class called Personal Injury Trial Law from a local injury lawyer. We joked that the class was show and tell because of what he did in his teaching methods was more akin to showing and telling us the type of work he does, the reason his job exists, the hazards that plaintiff's lawyers and injury lawyers had been able to eradicate from society, and generally, it was entertaining, in that it was so real world for us.
Constitutional law is not something people sit around and talk about, but everybody knows somebody that's been in a car crash, and a lot of people know someone that's been injured on the job. I remember one of the stories he told us was about a man who lost both of his hands while at work. He worked with a metal press, and what he had to do was put sheet metal in this press, and then the metal press would stamp out little circular disks.
The way the machine was built was that he had to position both of the sheets of metal and the stamp in a certain location, but then to operate the stamp, he had to push two buttons at the same time. Those buttons were about four feet apart. If you think about it, he had to be able to use both of his hands to push those buttons. The reason it was designed that way was so you wouldn't get your hands stuck in the equipment. What you didn't want was your hand to be there when the stamp came down.
At some point, the employer decided that that was slowing down the process, so they removed the hand buttons that required two buttons at once and replaced it with a foot pedal. Well, as you can imagine, removing that safety equipment meant there was nothing stopping that energy and force if a hand was in the way. One day, this man was doing his job as he had done for about 10 years, but he was using the foot pedal that had been added to the machine. He pushed it while his hands weren't out of the way, and they were both partially amputated.
I remember thinking how crazy that was, and now that I've done this job for over a decade, I realize that some employers care that much about speeding up processes and that much about making more money per hour of work. We've been talking about OSHA violations and the most common OSHA violations. One of the most common OSHA violations is violations of the lockout/tagout procedures outlined by OSHA.
Lockout/tagout is intended to help employees avoid getting injured by hazardous energy. Different types of energy sources include hydraulic, pneumatic, mechanical, electrical, chemical, thermal, or other sources of energy that can come from machines or equipment, and that those types of energy can be hazardous.
What we know is that oftentimes, machinery and equipment have to be maintained, and when equipment and machinery have to be maintained, there needs to be some way to secure them, so that the parties maintaining them won't be injured by some hazardous energy being unloaded into them or a part of their body. What we know is that hazardous energy,...