Pacific Workers Compensation Law Center October 2019
Pacific Post October 2019
Rain, Sleet, and Fog The Effects of Cold Weather on the Job
As we head into fall, we’ll be experiencing all kinds of changes in the weather, including dropping temperatures. Colder weather often makes outdoor job sites more difficult to work on, creating more hazards than usual. In order to avoid any issues with your products or tools, here are some essential things to remember when working on any manual labor job site during the fall and winter. Cement Setting Cement sets and hardens through a process called hydration , where water changes the chemical makeup of the cement. The temperature of the cement directly affects how long that transformation will take. To sustain a durable finished product, the cement must dry as quickly as possible. If the concrete freezes before it can thoroughly dry, the cement’s interior durability is damaged beyond repair. Installing and Painting Drywall Installing drywall in cold weather (55 degrees Fahrenheit and below) can lead to brittle and cracked joint compounds later on, as well as an inability to contain moisture during a wet season. If possible, it’s best to add a heater to your work area to allow the drywall to dry properly.
If you’re painting, you’ll see issues with your paint being hard to spread, as cold temperatures change the chemical makeup of paint and cause it to thicken. Evaporation also takes longer in cold weather, so any paint you apply will take longer to dry. The longer application time and wait time for the paint to dry can delay your project significantly and affect your productivity. Mortar Freezing temperatures can affect the water-resistant properties of mortar and decrease the bonding strength. This can happen when the water content of the mortar is more than 6% because, if the mortar expands when freezing, it will disrupt the construction. Using mortar with fine sands or a high amount of lime content can increase its ability to retain water without damaging the construction. Machinery Rubber expands in cold weather, which can cause internal rubber in items like belts and hoses to crack and break, forcing you to address your equipment rather than your job. This also affects tires, so be on the lookout for cracked tires before driving anywhere. Be sure to check the air pressure in your tires as well, as air will condense the colder it gets. In winter, oil will thicken and can turn solid, causing improper flow and stoppage, which wreaks havoc on engines and other pieces of heavy machinery. Store all significant pieces of machinery indoors as much as possible with some sort of heat source to prevent the oil from solidifying. If you want to learn more about how cold weather might affect your job, we encourage you to research any products or tools you will be using. You can also check various equipment rental sites; equipment rental employees are always ensuring their products are properly used and taken care of, and they can point you in the right direction when it comes to any tool you may need.
“Colder weather
often makes outdoor job sites more difficult to work on, creating more hazards than usual.”
–The Lawyers For Injured Workers
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Serious Workers’ Compensation Don’t Let Your Employee Becom As we discussed on the cover, cold weather can cause all kinds of issues and present new risks and hazards on any job site. If you work on an outdoor job site, this rapid change in weather can prove to be even worse. Here are some helpful safety tips and tricks to keep you and your workers safe while on the job this fall.
Inspect the Site Before StartingWork
Be sure to inspect all areas of the job site before starting work, even if some parts of the job site may not be used that day. Check for fallen power lines, tree branches, or other big stray pieces that could cause a hazard for those moving around the site. Clear any debris from walking surfaces, including roofs, scaffolding, and ladders, and dry them before laying salt or sand (where possible) to improve tracking and grip.
Reggie ‘Mr. October’ Jackson’s Legendary Game How’s That for Odds?
Provide a Heated Break Area
“I feel that the most important requirement in success is learning to overcome failure. You must learn to tolerate it, but never accept it.” –Reggie Jackson Some people shine brightest in the spotlight. When put to the test, they deliver every time. Baseball Hall of Famer Reggie Jackson is one of those people. During the sixth game of the 1977 World Series, Jackson hit three home runs in a row, securing the Yankees’ victory over the Dodgers and winning them their 21st World Series title. The legendary playoff game also earned Jackson the nickname “Mr. October,” which has stuck to this day. Like many stories of greatness, Jackson’s featured a lot of hard work behind the scenes. He dedicated himself to his sport and constantly worked to improve his play. Growing up, Jackson played baseball, basketball, and football and excelled at all three, though football was his strong suit. He was scouted and given opportunities to go pro straight out of high school, but, on the advice of his father, he went to college on a football scholarship. Thanks to a $5 bet, he tried out for the baseball team at Arizona State University and made it. Jackson was the first black person on the team, and, even though he experienced discrimination, he never let it stop him. From the minor leagues into the majors, Jackson’s ambition got him through many tough times, as did the constant support of his father and of Oakland A’s manager John McNamara. Jackson always dreamed of playing for New York, and, eventually, his dream came true when he signed with the New York Yankees in 1976. To this day, Jackson holds many prominent records, including being the first player to earn more than 100 home runs for three different teams (the A’s, Yankees, and Angels). He even has his own candy bar, the “Reggie! Bar,” which debuted during a Yankees game in 1978. Let’s see if any of this year’s playoff games stir up as much excitement as Reggie Jackson’s did in his heyday.
Workers expend more energy in cold weather conditions trying to maintain body heat. Make sure you have a heated tent, trailer, or indoor area for workers to keep warm. Portable heaters are a great way to keep a space warm if the break area is outside. Reduce their exposure to the elements by encouraging shorter lunches and creature cookies Everyone loves pumpkin spice during this time of year, but you can challenge the competition with creature cookies! They’re delicious, perfectly in season, and so easy that you can have these spooky sweets ready in under an hour! Treats like this will be scary good for the next fall potluck!
Ingredients •
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1/2 cup granulated sugar White and black icing (for the eyeballs) Mini Reese’s Pieces (for the freckles)
1 box vanilla cake mix 6 tbsp melted butter
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2 large eggs
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1/3 cup powdered sugar 1 tsp pure vanilla extract Food dye in 3 different colors (like green, brown, and red)
Directions 1. Heat oven to 335 F. Line two large baking sheets with parchment paper. In a large bowl, combine cake mix, melted butter, eggs, powdered sugar, and vanilla, and stir until combined. 2. Divide dough between 3 bowls and dye the dough in each bowl a different color. Roll dough into tablespoon-sized balls, then roll balls in the sugar.
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laims Result from coldWeather the Next Headless Horseman multiple short breaks to drink warm beverages or change out of wet clothing.
Halloween Decorations or Fighting Words?
EquipWork VehiclesWith Emergency Kits
Provide each work truck in a company’s fleet with a weather emergency kit. Each kit should include the basics like tow straps, protein bars, back-up batteries for cellphones, a first-aid kit, and a shovel. Encourage your workers to create more specialized emergency kits for their vehicles to deal with injuries that are most likely to occur.
A Grave Legal Matter
We’ve all played a harmless trick or two, but sometimes, Halloween shenanigans get out of hand. They can lead to hurt feelings, outraged neighbors, and, in the case of Purtell v. Mason, a lawsuit. In the days leading up to Halloween, all was not quiet in the village of Bloomingdale. Previously parked in a storage unit, Jeff and Vicki Purtell’s 38-foot RV was now parked in front of their house. In protest, neighbors petitioned to town officials, wanting an ordinance put in place to prohibit RV parking on residential property. While the ordinance was under consideration, Jeff Purtell took matters into his own hands. He erected six wooden tombstones in his front yard. They seemed to be innocuous Halloween decorations, but these tombstones displayed a special message for the neighbors. Each headstone was inscribed with a sarcastic message and house number, implying the occupants’ death dates. These messages soon caught the neighbors’ attention.
Wear Warm Clothing
When bundling up, the key is finding a balance between protection and mobility. Layer moisture- wicking thermals with a water-resistant outer layer to prevent moisture from soaking into your clothing. Limit the amount of skin exposed, especially when it comes to extremities, like your ears and fingers. Earmuffs, knit hats, and wool socks and gloves will retain heat, prevent frostbite, and keep you warm and toasty throughout the workday.
For more tips on how to keep your job site warm and safe, check out OSHA.gov.
“Bette wasn’t ready, but here she lies, ever since that night she died. Twelve feet deep in this trench, still wasn’t deep enough for that stench! 1690.”
Insulted and a little afraid, Purtell’s neighbors called the police to have the headstones removed. After a couple of visits, Officer Bruce Mason arrived and threatened to arrest Purtell if he didn’t take the tombstones down. Purtell obliged, but the matter wasn’t put to rest.
The Verdict
Purtell sued Officer Mason on the grounds of violating his rights to free speech, and the case made it all the way to the 7th U.S. Circuit Court of Appeals. Judge Sykes ruled that the tombstones did not constitute fighting words and were protected under the First Amendment. However, she also ruled that Officer Mason was entitled to qualified immunity, as any reasonable officer would act the same under the circumstances.
The bigger question might be how this case made it all the way to the U.S. Court of Appeals. As Judge Sykes wrote in her opinion, “Lawsuits like this one cast the legal profession in a bad light and
3. Place balls about 2 inches apart on the baking sheet and bake for 9–11 minutes, or until tops have cracked. 4. While the cookies are still warm, add mini Reese’s Pieces on bottom half of cookie to make the freckles. 5. Let cookies cool completely. 6. Pipe two drops of white icing above the freckles, then pipe two drops of black icing in the center to make the eyeballs. 7. Enjoy!
contribute to the impression that Americans are an overlawyered and excessively litigious people.”
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Inside This Issue
How Cold Weather Affects Your Job Site
‘Mr. October’: The Legendary Reggie Jackson
Keeping Workers Safe During the Cold Season
Creature Cookies
Grave Matters of the Law
Amazing Cat Tales
Tails From the Past Mythical Cats of the World 招き猫 Maneki-Neko— Japan Legend has it that in the 17th century, a monk living in a small temple in Edo (now Tokyo) was struggling to survive, but he still split his meals with his cat, Tama. One day, Lord Nakaota li got caught in a rainstorm while hunting and took shelter under a tree near the temple. Nakaota spotted Tama near the temple, and the cat raised its leg, beckoning the noble to come toward him. Curious, Nakaota complied, stepping out from beneath the tree just before a bolt of lightning struck it down. The lord’s life was saved, and to this day, the Maneki-Neko (the beckoning cat) is a symbol of wealth and good fortune. Freya’s Skogkatts —Norway In Norse folklore, the goddess Freya had a unique means of travel: a chariot pulled by two cats. These were skogkatts, or Norwegian Forest cats, that were only a little larger than your average house cat. Still, these small felines towed Freya around battlefields as she gathered warriors to send to Valhalla. On top of being the goddess of war, love affairs, and magic, Freya may well have been Midgard’s first cat lady.
Most owners will tell you their
cats act like ancient deities. Majestic, scrupulous, and utterly unpredictable, these fascinating creatures have long captured our imaginations. Even before cat videos took the internet by storm, humans have been idolizing felines, placing them alongside some of their most important mythological figures.
Bastet — Egypt Of course, a list of mythical cats
has to start with Egypt. While many people know the pharaohs and their followers thought cats were sacred, you may be surprised by how deep the connection goes. The earliest depiction of Bastet, the feline deity of
protection, is a lion-headed woman in battle. But, over the course of 2,000 years, Bastet evolved to resemble the domesticated, pointy-eared cats we know and love today.
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