New York Machinery Amputation Attorneys

Lawsuit for Amputation and Limb Loss Due to Machines

Amputations are some of the most serious and debilitating workplace injuries. They are widespread and involve a variety of activities and equipment.

Amputations occur most often when workers operate unguarded or inadequately safeguarded mechanical power presses, power press brakes, powered and non-powered conveyors, printing presses, roll-forming and roll-bending machines, food slicers, meat grinders, meat-cutting band saws, drill presses, and milling machines as well as shears, grinders, and slitters.

These injuries also happen during materials handling activities and when using forklifts and doors as well as trash compactors and powered and non-powered hand tools.

Activities involving stationary machines also expose workers to potential amputation hazards: setting-up, threading, preparing, adjusting, cleaning, lubricating, and maintaining machines as well as clearing jams.

Common Mechanical Hazards

According to OSHA, the following types of mechanical components present amputation hazards:

Point of Operation - the area of a machine where it performs work on material

Power transmission apparatuses - flywheels, pulleys, belts, chains, couplings, spindles, cams and gears in addition to connecting rods and other machine components that transmit energy

In addition to mechanical components, mechanical motion is also hazardous.

In running nip points (pinch points) - occur when two parts move together and at least on moves in a rotary or circular motion that gears, rollers, belt drives, and pulleys generate. The most common types of hazardous mechanical motion includes:

Rotating - circular movement of couplings, cam, clutches, flywheels, and spondles as well as shaft ends and rotating collard that may grip clothing or otherwise force a body part into a dangerous location

Reciprocating - back and forth or up and down action that may strike or enter a worker between a moving part and a fixed object.

Transversing - movement in a straight, continuous line that may strike or catch a worker in a pinch or shear point created between the moving part and a fixed object.

Cutting - action generated during sawing, boring, drilling, millings, slicing, and slitting.

Punching - motion resulting when a machine moves a slide (ram) to stamp or blank metal or other material.

Shearing - movement of a powered slide or knife during metal trimming or shearing.

Bending - action occurring when power is applied to a slide to draw or form metal or other materials.

Employers must recognize, identify, manage, and control amputation hazards commonly found in the workplace such as those caused by mechanical components of machinery, the mechanical motion that occurs in or near these components, and the activities that workers perform during mechanical operation.

Employers are required to protect employees working on electric circuits and equipment and are required to implement strict lock out and tag out procedures when employees are exposed to electrical hazards while working on, near, or with conductors or systems that use electric energy.

Employees servicing or maintaining machines or equipment may be exposed to serious physical harm or death if hazardous energy is not properly controlled. Craft workers, machine operators, and laborers are among the 3 million workers who service equipment and are at the greatest risk.

New York Safety Protocol

OSHA has set lock out and tagging standards that generally includes affixing the appropriate lockout or tagout devices to energy isolating devices and by de-energizing machines and equipment. Employers are required to comply with the following standards:

1. Employees need to be trained to ensure that they know, understand, and follow the applicable provisions of the hazardous energy control procedures.

2. Training must cover at least three areas; aspects of the employer's energy control program, elements of the energy control procedure relevant to the employee's duties or assignment, and the various requirements o the OSHA standards related to lockout/tagout.

3. Use lockout devices for equipment that can be locked out. Tagout devices may be used in lieu of lockout devices only if the tagout program provides employee protection equivalent to that provided through a lockout program.

4. Ensure that new or overhauled equipment is capable of being locked out.

5. Develop, implement, and enforce and effective tagout program if machines or equipment are not capable of being locked out.

6. Develop, document, implement, and enforce energy control procedures.

7. Use only lockout/tagout devices authorized for the particular equipment or machinery and ensure that thery are durable, standardized and substantial.

8. Ensure that lockout/tagout devices identify the individual users.

9. Establish a policy that permits only the employee who applied a lockout/tagout device to remove it.

10. Inspect energy control procedures at least annually.

11. Provide effective training as mandated for all employees cover by the standard.

12. Comply with the additional energy control provisions in OSHA standards when machines or equipment must be tested ore repositioned, when outside contractors work at the site, in group lockout situations, and during shift or personnel changes.

Machinery Lockout & Tagouts

Contact with hazardous energy injures over 50,000 workers each year and is responsible for approximately 120 work related deaths.

Many workplace injuries and deaths occur during routine servicing, repair and maintenance to machinery when the hazardous energy source has not been properly shut down. Hazardous energy includes electrical, mechanical, hydraulic, pneumatic, chemical, thermal and other energy sources.

Ask a NY Machinery Amputation Lawyer About Employer Responsibility For Injuries

Employers must also comply with the Fair Labor Standards Act which generally prohibits employees under the age of 18 from operating band saws, circular saws, guillotine shears, punching and shearing machines, meatpacking or meat processing machines, paper products machines, woodworking machines, metal forming machines, and meat slicers.

If you or a loved one suffered an amputation as the result of machinery, please contact a New York construction accident attorney at Wingate, Russotti, Shapiro & Halperin, LLP at (212) 986-7353 immediately for a free consultation.

Additional Information

NY Machinery Amputation Verdicts & Settlements

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If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today:

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