Be Safe On the Road and at Work During the Fall Harvest Season in Minnesota

According to federal and state statistics, farming is one of the most dangerous professions. Last year, 18 of the 60 work-related deaths in Minnesota were in the agricultural industry.

In addition to work-related injuries, roadways during harvest season are also particularly dangerous, as equipment is transported and harvests are hauled in from fields. In Minnesota in 2009, there were 156 car accidents that involved a crash with a tractor or other farm equipment, which resulted in 29 injuries and three deaths.

From the Minnesota Department of Agriculture, here are some tips to avoid accidents during harvest season:

Safety on the Road:

Three deaths and 29 injuries occurred on Minnesota roads in 2009 as a result of motor vehicle crashes involving farm equipment.

For people living or driving in rural areas:

•  Be on the look out for farm equipment;
• Slow down when encountering slow moving vehicles;
• Wait for a safe place to pass; and
• Avoid using a cell phone while driving.

For farmers and agricultural workers:

• Make yourself easy to be seen by using lights and flashers;
• Use slow moving vehicle emblems on vehicles traveling less than 30 miles per hour; and
• Consider using a follow vehicle when moving large equipment on roadways.

Equipment safety:

Farm equipment is powerful, heavy, and can be very dangerous.

• Pay attention to all safety information on your equipment;
• Inspect and repair any hazards before operating;
• Identify hazardous areas on equipment, and make sure to stay away from moving parts.
• Be aware of pinch points, shear points, wrap points, pull-in areas, thrown objects, crush points, stored energy hazards, and exposed moving parts;
• Shut down equipment, turn off the engine, remove the key, and wait for moving parts to stop before dismounting equipment; and
• Keep bystanders away from equipment operation areas.

Grain handling safety:

Grain handling accidents, often involving grain bin entrapment, can be catastrophic.

• Lock entrances to grain handling areas to keep bystanders out;
• Install ladders inside bins;
• Do not enter grain bins that are being loaded or unloaded;
• Shut off and lockout power before entering a bin. Use a safety harness and safety line. Have several people available to lift the entrant out in case of an emergency; and
• Wear proper respirators when working in and around grain handling areas.

Livestock handling safety:

Last year, in Minnesota, there were seven fatalities involving livestock handling.

• Label livestock handling areas to warn away visitors;
• Design livestock pens and handling facilities according to manufacturer recommendations;
• Facilities should be designed to allow workers easy access to and away from animals;
• Keep bystanders away from livestock handling areas; and
• Understand the common instincts of animals to avoid predictable dangerous behaviors.

Under Minnesota workers’ compensation law, certain farm laborers are excluded from workers’ compensation coverage. Family farms are excluded from mandatory coverage. A family farm is defined as a 1) farm operation paying less than $8,000.00 per year in cash wages to farm laborers in the previous calendar year; or 2) a farm operation that pays carries $300,000.00 and $5,000.00 under a farm liability and medical payment policy, that paid less than the statewide average annual wage to laborers in the previous calendar year.

If you sustained injury as a result of a motor vehicle accident involving farm equipment, or if you were injured while performing agricultural work, contact Meuser & Associates at 877-746-5680 or click here to send us an email for a free, no-obligation consultation. Speak with one of our lawyers to learn about your Minnesota personal injury or workers’ compensation rights.

Minnesota Work Comp. and Auger Injuries

On July 21, 2010, a worker in Fort Myers, Florida, was tragically killed when he fell into an auger while working on a residential pool construction project.

Augers are used in the agricultural, landscaping, construction, and utility industries. They are commonly used to drill holes for pilings, utility poles, light poles and fence posts. The auger may be mounted on a variety of equipment or vehicles that may be ridden on or walked behind.

Augers present an extreme danger of entrapment or entanglement, as well as hazards that occur when an auger strikes materials beneath or above the surface. In addition to contact with hidden landscape fabric, contact with underground utility installations such as gas, fuel, or electric lines or overhead power lines such as electrical distribution and transmission lines also could result in a fatal accident. According to OSHA's Integrated Management Information System (IMIS), since 1987 at least thirteen fatalities have resulted from entanglement or crushing hazards involving augers. The IMIS data also indicate that a number of fatal accidents have occurred from contact with underground and overhead electrical equipment and utility lines.

OSHA recommends the following safety measures to avoid serious or catastrophic injuries involving augers:

• Follow the instructions in the manufacturer's operating and preventive maintenance manual.
• Conduct daily pre-task meetings to ensure that all employees are aware of the correct procedures to prevent an unwanted incident and any hazards associated with the job task.
• Look for obstacles that may need to be removed. Hand digging may verify the presence or absence of underground material, including utilities.
• Prior to drilling, cut a hole in the landscape fabric sufficiently larger than the diameter of the auger to prevent contact or entanglement with the fabric.
• Except for the operator, employees should not be near the auger when it is operating.
• Employees using hand tools should not move or remove spoil-pile while the auger is operating.
• The operator should sit or stand at the operator's station while operating the auger.
• Do not modify the operator's station or disable safety controls beyond manufacturer's recommendations (for example: hold-to-run or seat switch controls).
• Remain a safe distance (a minimum of 10 feet) from the auger when helping the operator.
  

If you sustained an injury on the job involving an auger, you may be entitled to Minnesota Workers’ Compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits. If your loved one died as a result of a Minnesota auger accident, you may be entitled to death and dependency benefits. To ensure you receive all the benefits you are entitled to, contact a Minnesota workers’ compensation lawyer for a free, no-obligation consultation.

To schedule your free, no-obligation case consultation with one of our Minnesota work comp. attorneys, call Meuser & Associates at 877-746-5680 or click here to send us an email.

To learn more about Minnesota Workers' Compensation, visit us at MeuserLaw.com!

Grain Bin Accidents and Injuries and Minnesota Work Comp

In late July, two teenagers were killed in a tragic incident in Illinois grain elevator accident. Unfortunately, these types of accidents are all too common. In 2009 alone, there were at least 38 documented incidents of grain entrapment.

During fall harvest season, employees of grain elevators and grain processing companies need to be especially cognizant of the very serious hazards of serious injury or death due to grain bin accidents.

Following a rash of deaths and injuries of workers trapped in grain storage facilities, the Occupational Safety and Health Administration sent a letter to grain elevator operators warning them to comply with federal safety laws. The letter noted that “OSHA has found that grain entrapments generally occur because of employer negligence, non-compliance with OSHA standards, and/or poor safety and health practices.”

OSHA is taking these incidents very seriously.

• On November 23, 2009, OSHA fined Tempel Grain Elevators LLP more than $1.5 million following the May 29, 2009 death of a teenage worker at the company's Haswell, Colorado grain storage operation. The youth suffocated after being engulfed by grain in one of the facility’s bins. The company also exposed three other teenage workers to the cited hazards.

• On May 27, 2010, OSHA fined the South Dakota Wheat Growers Association of Aberdeen, South Dakota more than $1.6 million following the death of a worker who had suffocated after being engulfed by grain. OSHA’s investigation found that five additional workers were also at risk of being engulfed when they were sent into the bin to dig the victim out.

• On August 4, 2010, OSHA fined Cooperative Plus, Inc. in Burlington, Wisconsin $721,000 after a worker was buried up to his chest and trapped in frozen soybeans. The worker was ultimately rescued after a four hour ordeal.

According to the Penn State College of Agricultural Sciences, there are an average of 12 grain entrapments reported each year across the nation. Three-fourths of these entrapments resulted in death, and two-thirds of the entrapments occurred inside grain bins. Three-quarters of the entrapments occurred when grain was being unloaded. Most frequently, it involved out of condition corn. A quarter of the entrapments involved children.

In addition to the extreme hazard of entrapment, other dangers of working with grain include respiratory problems, fires, and noise exposure. Electrical hazards exist with over-head power lines, portable augers and electric motors. Mechanical hazards include augers, dryers, stirrers and other equipment. Falls from ladders or other structures is also a danger associated with grain handling.

Entrapment can occur from flowing grain which can pull a worker down into the grain due to the force of the grain flowing out of a bin. Poorly conditioned grain can form a hard crust on the surface of grain in a bin, but pockets beneath the surface can collapse, causing the worker to fall and become entrapped in the grain. A worker removing grain from the wall of a bin may also become entrapped by an avalanche of grain if the encrusted grain suddenly collapses.

Employees of grain elevators in Minnesota are generally covered for workers’ compensation. If you are injured as a result of working at a grain processing company, you may be entitled to wage loss benefits, medical expense benefits, permanency benefits, and rehabilitation benefits. Family members of persons killed in grain bin accidents may be entitled to Minnesota workers’ compensation death and dependency benefits.

If you were hurt in a grain accident, or if your loved one was seriously injured or killed as a result of a Minnesota grain bin accident, it is important to consult with a Minnesota workers’ compensation lawyer to make sure your rights are protected. Here at Meuser & Associates, we are committed to protecting the rights of injured workers in Minnesota. Contact us at 877-746-5680 or click here to send us an email for a free, no-obligation consultation with one of our workers’ compensation lawyers.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com