Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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digger%20derrick.jpgOSHA recently issued a final rule to expand the exemption for digger derricks in its construction standard for cranes and derricks used in the electric-utility industry to telecommunications work. Digger derricks drill holes for utility poles. They are used by telecommunication companies to place poles inside holes and attach transformers and other items to the poles. The rule is effective June 28, 2013.

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18% of Designated Drivers (DDs) are driving while impaired exposing themselves and their drunken passengers to a higher risk of a car accident reveals a recent study conducted during week-ends in in a southeastern college community restaurant and bar district.

65% of DDs tested abstained from drinking alcohol completely, 17% had a Blood Alcohol Content between 0.02 and 0.049 and 18% had a BAC above 0.05. according to the study conducted by the Department of Health Education and Behavior, University of Florida and published in the Journal of Studies on Alcohol and Drugs.

The study also screened participants for Alcohol Use Disorders and results showed that participants with Alcohol Use Disorders were more likely to serve as DD and have a blood alcohol concentration that significantly impaired driving ability and psychomotor function.

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Endoscope.png30 % of duodenoscopes, 24% of gastroscopes and 3% of colonoscopes have unacceptable level of “bio dirt” from previous clients bodies leading to a potential risk of infection according to a new study by researchers at 3M infection Prevention Division and presented at the 40th Annual Conference of the Association for Professionals in Infection Control and Epidemiology (APIC).

After being used flexible endoscopes are manually cleaned by a hospital technician who will visually inspect them and then soak them in high level disinfectant. However the study indicates that visual inspection is not enough as contamination is often invisible to the naked eye. The study suggests hospitals should improve their cleaning protocol by having specific guidelines by type of instrument and by identifying if there are any critical steps missing in the manual cleaning process.

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In a previous blog we mentioned that OSHA decided to apply cranes and derricks safety standard requirements to demolition and underground construction sites. The deadline for crane operators to get their certification was November 14th 2014 but OSHA just announced that it has was planning to extend it to November 10 2017 so that the certification requirements do not take effect during potential rulemaking or cause disruption to the construction industry.

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When OSHA inspectors visited RWS, a plant that makes wood shavings for animal bedding, they found explosive combustible shavings all over the equipment and the floor with accumulation reaching as high as one foot in some areas. Adding to that employees were authorized to smoke in locations where excessive wood dust and wood shavings created a high risk of fire.

RWS Manufacturing plant in Queensbury, NY,deliberately, seriously and repeatedly violated worker safety and health standards and is now facing $233,870 in fines by OSHA.

Since its opening in Quennsburry, NY, 5 years ago, RWS Manufacturing plant has been the objects of multiple complaints by neighbors. It also has a long history of issues with the town’s enforcement codes related to noise, smoke and lack of groundwater control.

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In an Upstate New York truck accident that happened several days ago, a trailer disconnected from the rig that was pulling it and crashed into a minivan killing 7. Investigation will determine if the cause of the accident was mechanical failure or driver action.

According to the Federal Motor Carrier Safety Administration, mechanical failures are the cause of only 1% of fatal accidents involving large trucks and among mechanical failures, the truck’s couplings, hitches or chains are the cause of 1 in a thousand fatal accidents.

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In New York State, cell phone related car accidents have increased by 143% from 2005 to 2011. In 2011, there were 25,165 fatal and personal injury crashes involving distracted driving in New York, compared to 4,628 caused by alcohol-related driving.

Governer Cuomo wants to crack down on drivers who are using their cell phones while they are driving and put their life and the lives of others at risk. Therefore the governor of New York just announced that texting while driving will cost 5 points instead of 3 for all drivers effective June 1st. Adding to that drivers with probationary or junior licences will get 60-day suspensions for a first conviction and revocations of 60 days (for junior licenses) or 6 months (for probationary licenses) for subsequent convictions within 6 months of the time a license is restored after suspension.

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Thankfully there was no injury following the crane accident near the Eat River at the Water Club restaurant. The 20 ton crane, a Grove RT540E owned by Phoenix Marine was doing work on a bulkhead on the south end of the restaurant when workers said it became snagged on a barge support beam and fell over.

The picture shows that at the time of the accident the crane seemed to be proprely set up and its boom was fully extended. Therefore at Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz we think that the load being lifted was too heavy (overloaded) causing the crane to tip.

The New York City Department of Buildings is investigating.

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The new CPSC Pool or Spa Submersions: Estimated Injuries and Reported Fatalities, 2013 Report indicate that 75% of victims of drowning in a pool or spa are younger than 5 years old. Government data also show that the majority of African American and Hispanic children between 5 and 14 years old don’t know how to swim and therefore have a much higher risk of drowning in a pool.

Every year more than 5000 children visit the emergency room after a pool or spa related injury and an estimated average of 390 children drown. Most of the accidents happen in backyard pools.

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In its new pool safety campaign, The U.S. Consumer Product Safety Commission is asking parents and families to teach their children how to swim, to install a fence around backyard pools and spas and to watch children when they play around the pool.

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Diagnostic errors are not a new problem, in 1991 the Harvard medical Practice Study, investigated Medical Malpractice in New York Hospitals and found out that diagnostic errors were accounting for 14% of physicians errors and that 75% of them were due to doctors negligence.

In 1999 a study from the Institute of Medicine “To Err is Human”, looks at diagnostic errors and classifies them in four different categories: error or delay in diagnosis, failure to employ indicated tests, use of outmoded tests or therapy and failure to act on results of monitoring or testing.

Despite these studies, diagnostic errors have been largely ignored until recent research calculated the impact of such errors. Results from a 2009 report funded by the federal Agency for Healthcare Research and Quality showed that 28% of diagnostic mistakes were life-threatening or had resulted in death or permanent disability.

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