Vocational Retraining

KING 5 – Moratorium on Office Careers

Washington State’s Department of Labor and Industries has issued a moratorium on Office Careers retraining plans after KING 5 Investigations’ Susannah Frame reported on the company’s practices. Ms. Frame’s investigation reports, “School of Broken Promises,” have aired over the past few weeks. Links to all prior segments of Ms. Frame’s reporting are included, below.

Susannah Frame is the Chief Investigative Reporter and Specialty Reporting Coach at KING 5.  Ms. Frame’s investigation of Office Careers, an unaccredited training facility in Renton, WA, has finally drawn the attention of the Department of Labor and Industries.

Following a KING 5 investigation, Department of Labor and Industries officials said they will no longer approve requests to send injured workers to Office Careers.

Part 4: State orders halt on sending injured Washington workers to unaccredited online school

KING 5 Investigations by Susannah Frame | Aired March 3, 2020

Watch the Video

In the fourth segment of the series, “School of Broken Promises, Ms. Frame meets with an injured worker who completed a training plan at Office Careers. After 103 applications, she received 7 rejection letters, and not a single job offer.

Ms. Frame explains that, under Washington law, the Department of Labor and Industries is only supposed to utilize training facilities that demonstrate a minimum 50% placement rate – at least half of people retrained must go on to obtain jobs. Office Careers does not publish data on placement rates, yet they receive more funding from the Department of Labor and Industries than any other training facility in the state.

Ms. Frame interviewed David Johnson, owner of Office Careers. He continues to defend the practices of Office Careers instructors and the value of retraining received through their programs. He states that he has not received any complaints about it’s programs or practices.

DLI’s Moratorium on Office Careers Retraining Plans

Brian Wright received the following in an email from DLI today, March 3, 2020. We presume this is a public release.

Local media recently aired a series of investigative reports on Office Careers, a private vocational school. The allegations center on whether the school is adequately preparing students with the skills they need for employment.

L&I initiated an audit last year based on similar complaints. The audit is still in progress. Additionally, the Workforce Training and Education Coordinating Board (Workforce Board) opened an investigation into the school last week.

Effective immediately, L&I is instituting a moratorium on approving any new retraining plans for Office Careers. This will remain in effect pending the results of our audit and/or the Workforce Board investigation. We will announce any changes to this process.

Please share this message with your staff. Thank you for your partnership in helping workers heal and return to work.

Current, ongoing retraining plans are not addressed in this notice. Those plans, at this point, are allowed to continue.

Have Questions? Get Answers.

We have worked with many, many clients who successfully complete retraining programs and return to work in a new career. For many injured workers, quality vocational retraining programs bring the greatest, long-term benefit after an injury. Restoring earning capacity and/or finding satisfying work goes a long way towards making an injured whole after an accident.

If you, or a friend or family member, have any questions or concerns about a workers’ compensation claim, please feel free to contact our firm. We offer a free case analysis and are happy to discuss your questions and concerns with you. 

Prior Posts with Related Content

KING 5 INVESTIGATION OF OFFICE CAREERS – Includes Parts 1 & 2 of the series, “School of Broken Promises.”

KING 5 – STATE LAUNCHING AN INVESTIGATION INTO OFFICE CAREERS – Part 3 of the series, “School of Broken Promises.”

RETURN TO WORK – VOCATIONAL SERVICES – Information about the overall process.

Vocational Retraining

KING 5 – State Launching an Investigation Into Office Careers

Washington State is launching an investigation into Office Careers after KING 5 Investigations’ Susannah Frame reported on the company’s practices. Ms. Frame’s investigation reports, “School of Broken Promises,” have aired over the past couple of weeks. Information reported prompted the State to look into the practices of Office Careers and it’s treatment of students.

Susannah Frame is the Chief Investigative Reporter and Specialty Reporting Coach at KING 5.  Ms. Frame’s investigation of Office Careers, an unaccredited training facility in Renton, WA, has drawn the attention of the Department of Labor and Industries and Workforce, which oversees retraining programs, including those for injured workers. Workforce is now launching an investigation into Office Careers.

Office Careers provides retraining to workers injured on the job, paid for by the Department of Labor and Industries (DLI). In a multi-part series, Ms. Frame laid out, in detail, what she found when she looked into the practices and results of Office Careers.

Washington state has paid millions of dollars to the uncredited, online school that aims to re-train injured workers for office jobs.

Susannah Frame, KING 5 Investigations
Part 3: Washington State Regulators Launch Investigation Into Office Careers

KING 5 Investigations by Susannah Frame | Aired February 25, 2020

Watch the Video

In the third segment of the series, Ms. Frame meets with Jim Parker, Chief Investigating Officer at WA State’s Workforce Board. Workforce is launching an investigation into Office Careers and it’s practices will determine if it has been involved in unfair business practices. Mr. Parker’s investigation will determine whether Office Careers maintains a license to provide retraining services in Washington State.

Ms. Frame also interviewed an injured worker who, after eleven months of training, says she fears becoming homeless as she faces losing her workers’ compensation benefits. Her retraining plan is scheduled to end next month, yet she says has gained no skills that would allow her to obtain an office job.

Ms. Frame notes that David Johnson, owner of Office Careers, disagrees with the information she has been reporting. He continues to defend the practices of Office Careers instructors and the value of retraining received through their programs.

What Should Happen When Retraining Ends

After completing a valid retraining program, an injured worker should have gained the skills and experience to re-enter the job market. The Department of Labor and Industries issues a determination that the injured worker is employable, based on the completion of the retraining plan. Time loss compensation benefits end with this determination of employability.

In most cases, the claim moves towards claim closure. However, sometimes claims can remain open for ongoing medical treatment, if indicated, even if the injured worker is back to work and time loss compensation benefits are no longer being paid.

Unemployment Benefits May Be Payable

Wage and hours worked data is used by the State of Washington’s Employment Security Department to determine eligibility for unemployment insurance compensation for all workers. Unemployment benefits are usually paid to a worker after a layoff. But, when a worker is injured on the job, their eligibility data is frozen while they are off of work.

If the injured worker was qualified to receive unemployment benefits on the date of their injury – and, if they were not off of work for 6+ years – unemployment benefits may be payable after time loss compensation ends.

In most cases, unemployment can be paid during the job search phase, while the injured worker is looking for physically-appropriate work or a job in their new field after retraining. Additional assistance can be provided by Worksource. This can include additional skill-building sessions, such as interview or resume writing classes. It can also include assistance with a job search, as well as the vast database of open jobs maintained by Worksource.

We have worked with many, many clients who successfully complete retraining programs and return to work in a new career. For many injured workers, quality vocational retraining programs bring the greatest, long-term benefit after an injury. Restoring earning capacity and/or finding satisfying work goes a long way towards making an injured whole after an accident.

Have Questions? Get Answers.

If you, or a friend or family member, have any questions or concerns about a workers’ compensation claim, please feel free to contact our firm. We offer a free case analysis and are happy to discuss your questions and concerns with you.

Prior Posts with Related Content

KING 5 INVESTIGATION OF OFFICE CAREERS – Includes Parts 1 & 2 of the series, “School of Broken Promises.”

RETURN TO WORK – VOCATIONAL SERVICES

Vocational Retraining

KING 5 Investigation of Office Careers

Susannah Frame is the Chief Investigative Reporter and Specialty Reporting Coach at KING 5.  Ms. Frame’s investigation of Office Careers, an unaccredited training facility in Renton, WA, is sobering.

Office Careers provides retraining to workers injured on the job, paid for by the Department of Labor and Industries (DLI). In a multi-part series, Ms. Frame lays out, in detail, what she found when she looked into the practices and results of Office Careers.

The Investigation

Some students do not finish the program or do not pass, but they are given certificates of completion anyway. Then their benefits are cut off.

Susannah Frame, KING 5 Investigations
Part 1 – School of Broken Promises
Watch the Video

KING 5 Investigations by Susannah Frame | Aired February 17, 2020

In this initial segment, Ms. Frame interviews an injured worker struggling with his training and worried about his future. She also interviews David Jordan, founder of Office Careers, and Katherine Mason, a Seattle attorney who represents injured workers.

Part 2: Training Program Not Effective, Say Workers

Watch the Video

KING 5 Investigations by Susannah Frame | Aired February 18, 2020

In the second segment of her investigative reporting, Susannah Frame interviews two injured workers who received certificates from Office Careers and were found to be employable on that basis. She also speaks with David Jordan, owner of Office Careers, who says the certificates are meant to reward students for trying, but it is up to employers to do their own evaluation of any candidate for hire. Claimant attorney Elizabeth LePley and DLI employee Rich Wilson, who oversees the worker retraining program, are also interviewed.

Our Experience with Office Careers

In our experience, injured workers with complex scenarios are offered retraining through Office Careers when other options are not readily available. This can be the result of limited skills or experience with computers, technology, or office work. Or, it may be that the worker’s level of education would hinder their ability to attend a college program. Language issues may also be present. Whatever the reason, Office Careers can be a tool for vocational counselors, and the State of Washington, to satisfy the requirements of showing that an injured worker is employable. Once found to be employable, the worker’s compensation is terminated.

Our firm has had many clients who participated in Office Careers retraining plans, some completing their program and some not. The most troubling cases involved aspects of an at-home training plan that seemed doomed to fail from the start.

Trust Your Instincts

I tell injured workers to trust their instincts. If things don’t feel right, they likely aren’t right.

Nobody is taught how the workers’ compensation works, they only learn after they’re injured. Getting advice along the way is wise. Most claimant attorneys, including our firm, offer free consultations.

Prior Posts with Related Content

RETURN TO WORK – VOCATIONAL SERVICES

Vocational Retraining

Return to Work – Vocational Services

In Washington State, a worker injured on the job must return to work, or be found able to return to work, before the workers’ compensation claim can be closed. Vocational services may be needed to facilitate a return to work. In rare cases where the worker remains permanently unable to work, a total disability pension may be awarded.

The Department of Labor and Industries (DLI) is not required to find the injured worker a job, but is required to document that the worker has the ability to obtain and maintain employment. DLI is not required to return a worker to their pre-injury earnings, either. Minimum wage or better is all that’s needed to establish employability.

How Vocational Services Work

If an injured worker cannot return to their job of injury, a vocational counselor (VRC) is assigned. The VRC will research options to determine if the worker has the skills and physical ability to perform a modified job with the same employer or, if not, another job within the general labor market. This ability to work assessment follows WAC 296-19A-065 as it’s foundation.

The information provided to workers entering the ability to work assessment phase can be found, here.

If the worker does not possess the skills and abilities to obtain and maintain employment after an injury, vocational retraining services can be provided to return the worker to employability. The claim progresses to a Plan Development phase, during which specific retraining goals are evaluated.

Retraining benefits under a workers’ compensation claim are generally limited to two years and a budget of $18,660.46, total, for tuition and expenses. Time loss compensation continues to be paid under the claim while the worker is participating in retraining.

Possible retraining plans that fall within the time limit and budget and that lead to a job that is medically appropriate and is likely to result in the worker obtaining employment can be on the table.

There Are Options

Once a retraining plan is offered to an injured worker, they have a choice to make – whether to participate in the plan, known as Option 1, or to opt out and pursue other training or schooling on their own – Option 2. The worker can begin the plan and then change their mind, within defined time limits.

DLI has detailed information about training options, here.

How Legal Representation Can Help

We believe that we get the best outcomes when we are involved in a claim early in the return-to-work evaluation process.

There can be disagreements about a worker’s actual physical abilities and stamina, which are both important factors in an accurate determination of their ability to return to full employment. There can be disagreements about the worker’s transferable skills and whether they support their ability to return to work. There also can be disagreements about a worker’s ability to benefit from retraining services.

These and other disagreements over vocational conclusions can lead to disputes, protests, appeals and, sometimes, litigation. Determinations are often reached quickly. The deadline for filing a vocational determination dispute is very short – 15 days. While we are willing to get involved in cases at any stage, it is more difficult to address the many facets of a vocational determination late in the process.

If you have questions about vocational services, feel free to contact us. We would be happy to discuss the specific details of your case with you.

Prior Posts On Topic

Uncategorized

Coast Guard Bulletin – Corona Virus

The United States Coast Guard has issued a Marine Safety Information Bulletin (MSIB) concerning the Novel Coronavirus outbreak. Read the full Coast Guard bulletin, excerpted below, here.

This information is provided as notice of measures being taken to protect us from this virus. It is not intended to stoke fear or spur actions.

This Coronavirus is Different

An outbreak of respiratory illness caused by a novel coronavirus (2019-nCoV) may affect mariners and maritime commerce. 2019-nCoV was first detected in Wuhan, People’s Republic of China and has since spread globally (see https://go.usa.gov/xdbS9). There are several known coronaviruses that infect people, usually causing only mild respiratory symptoms similar to the common cold. However, 2019-nCoV appears capable of causing illness that is more serious. Signs and symptoms include fever, cough, and difficulty breathing.

Maritime Traffic Rules
  • Per 42 CFR 71.21, vessels destined for a U.S. port are required to report to the CDC any sick or deceased crew/passengers during the 15 days prior to arrival at a U.S. port. Guidance to vessels on reporting deaths and illnesses to the CDC can be found here.
  • The Coast Guard will continue to review all “Notice of Arrivals” in accordance with current policies and will communicate any concerns stemming from sick or deceased crew or passengers to their Coast Guard chain of command and the cognizant CDC quarantine station, who will coordinate with local health authorities.
  • Passenger vessels or any vessel carrying passengers that have been to China (excluding Hong Kong and Macau) or embarked passengers who have been in China (excluding Hong Kong and Macau) within the last 14 days will be denied entry into the United States. If all passengers exceed 14 days since being in China (excluding Hong Kong and Macau) and are symptom free, the vessel will be permitted to enter the United States to conduct normal operations. These temporary measures are in place to safeguard the American public.
  • Non-passenger commercial vessels that have been to China (excluding Hong Kong and Macau) or embarked crewmembers who have been in China (excluding Hong Kong and Macau) within the last 14 days, with no sick crewmembers, will be permitted to enter the U.S. and conduct normal operations, with restrictions. Crewmembers on these vessels will be required under COTP authority to remain aboard the vessel except to conduct specific activities directly related to vessel cargo or provisioning operations.

Prior Post: COVERAGE CROSSROADS – WHAT TYPE OF CLAIM DO YOU HAVE?

Uncategorized

Our Office is Moving – Upstairs!

We will close Friday & Monday, February 21 and 24, 2020, as our office is moving. We will process mail and checks both days, and will monitor our email and voice mail periodically. We will return to regular business on Tuesday, February 25th.

Our new offices are upstairs in our current building, at 2601 4th Avenue in Suite 700. All phone/fax numbers and email addresses remain the same. Our mailing address, at our Post Office box, also remains the same.

The new space is similar in design to our current offices, but is bigger and gives us room for growth as that occurs. We are upgrading our internet and phone system, as well.

Thank you for your patience during our move. We look forward to sharing our new space with you soon!

Maritime

Fishermen’s Safety Fair, Blessing of the Fleet

Fishermen’s safety is a topic of discussion throughout the country. From captivating tv series to memorial services and everything in between, we all feel a connection to those brave enough to work at sea.

The process of ensuring safety for fishermen begins before the boats leave the dock, with emergency plans and equipment in place. The blessing of the fleet is a nod to the fact that even the best plans and safety equipment are not always good enough to save a life on their own.

Blessing of the Fleet

This year in Seattle the annual Blessing of the Fleet ceremony will be held at 2:00 p.m. on Sunday, March 8th at Fishermen’s Terminal.  Hosted by Ballard First Lutheran Church, family, friends and guests are encouraged to join the ceremony at the Central Plaza at Fishermen’s Terminal.

Fishermen’s Safety Fair

Each year Seattle Fishermen’s Memorial hosts a Fishermen’s Safety Fair to teach fishermen practical skills to save their boats and their lives. This year’s event will be held 9:00 a.m. to 3:00 p.m. Thursday, June 4. The event will be held at Fishermen’s Terminal at Dock 9. For more information please contact: Safety@seattlefishermensmemorial.org.

Seattle Fishermen’s Memorial believes that a significant number of lives can be saved if more fishermen are trained and understand: vessel stability, shipboard fire-fighting, first aid / CPR, and drill instructor certification. In addition, Seattle Fishermen’s Memorial supports the concept of onboard training and vessel emergency team training.

As part of its commitment to promote safer vessels, the Seattle Fishermen’s Memorial Board is making funds available to Washington-based commercial fishing vessel owners and their crew members, and fishermen who are Washington residents. This ongoing program started August 1st, 1995. See their website for a complete list of safety training opportunities.

Read our prior post: PORT 101 TOUR, SHIP CANAL for a glimpse of a behind-the-scenes tour of Seattle’s Fishermen’s Terminal, the Ship Canal, and the Ballard Locks.

Safety Violation

Blasting Violations Result in Loss of License for Contractor

An Idaho-based drilling company lost its license to perform blasting work in Washington due to repeated blasting violations. In the latest incident, in June of 2019, an unsafe blasting operation in Spokane put workers and the public at risk and resulted in citations, fines and loss of licensing.

The Washington Department of Labor & Industries (L&I) cited and fined North Idaho Drilling Inc. of St. Maries, ID for several willful and serious violations for the June 2019 blasting incident. In total, the company faces $92,144 in state penalties.

Rocks blasted nearly 500 feet

A crew from the drilling contractor was performing a blasting operation on North Grant Street in Spokane when the incident happened on June 21, 2019. Because the blast wasn’t planned or conducted properly, it resulted in rocks being thrown as far as 490 feet from the site – more than one-and-a-half football fields – in all directions.

Some of the rocks struck buildings, some fell on the street and some struck vehicles. Though no one was hit, several people ran for cover.

L&I has cited this employer at least two other times for similar hazardous situations, so in addition to the large fine, the department revoked North Idaho Drilling’s license to conduct blasting operations in Washington.

“There’s no margin for error with explosives, and this company has repeatedly placed workers and the public at grave risk,” said Anne Soiza, assistant director in charge of L&I’s Division of Occupational Safety and Health (DOSH). “This disregard for safety of the public and workers simply will not be tolerated in Washington.”

Violations were repeated and willful

This recent citation is for 11 blasting violations including three willful/serious and five serious, as well as repeat and willful general violations.

Among other things, the blaster in charge used more explosives than needed, which hurled rocks in all directions from the blast. Also, blast mats were not used properly to contain the explosion. The rocks thrown were large enough to cause serious injuries, permanent disability or death. Some did cause property damage.

The blaster-in-charge stated that he set the blast area at 350 feet, but did not ask property owners in that area for permission as required by code.  Many of their buildings were damaged, showing willful neglect of property rights.

Because this was the third time L&I has cited this employer for creating serious hazards, North Idaho Drillings Inc.’s license has been revoked in Washington. L&I rarely has to cite contractors for blasting violations, so it is notable that this company has been cited multiple times. Normally, L&I citations are for hazards that endanger workers, but in cases like this, danger to the general public is also a factor.

See news coverage of this incident by KREM, here.

See news coverage of a prior North Idaho Drilling incident, which occurred in January of 2019, by KOMO, here.

Read Expert Commentary: Construction Blasting Risk Management for an outline of appropriate procedures to assure safe completion of a blasting project.

See a prior post of ours: HOLDING INDIVIDUALS ACCOUNTABLE FOR WORKPLACE SAFETY VIOLATIONS

Evaluations

Functional Capacities Evaluations Explained

Functional capacities evaluations (FCE’s) are used in many workers’ compensation claims and other legal cases. FCE’s can help determine functional ability, assess client effort, and determine appropriate work restrictions after an injury.

Unfortunately, there is no standardization for this type of examination. Many different systems and processes are used, some resulting in controversy in the overall effectiveness. Too often, the functional capacities evaluations provide inaccurate results. In some cases, this can be damaging to a legal case.

The objective of this article is to explain the functional capacities evaluation process, how the FCE is useful to you, as well as potential pitfalls to avoid.

The Functional Capacities Examination

A FCE can be performed in 4-8 hours, typically at a physical therapy facility where equipment is available for evaluating a variety of physical activities. Often, the examiner will have the patient perform tasks similar to the their job, simulating a day of work. Activities of daily living can also be simulated.

Tasks such as stair and/or ladder climbing, lifting, carrying, pushing and pulling of items at various weights will be tested to tolerance, possibly multiple times. Sitting and standing, crawling, and kneeling may be examined. Hand strength, keyboarding and fine-finger activities are also tested.

Throughout the evaluation process, the examiner will ask how the patient is feeling after each task, testing for whether the task meets or exceeds the limitations of the individual. The goal is to determine maximum abilities that can be sustained over a work day. This includes the ability to perform the tasks, as well as the stamina to do so repetitively.

See a sample functional capacities evaluation report, here.

Tips to Follow for an Accurate FCE

Put Forth a Good Effort

An FCE is typically scheduled to occur on one day, rarely over two days. It likely will not be an accurate reflection of your work ability if you try to breeze through the tests, which can seem simple.

The examiner will be tracking your heart rate, respiratory rate other indications of full effort. They will encourage you to do more, while noting signs of exertion, such as sweating or having you answer questions to see if your sentences are interrupted due to you breathing hard after the exercise.

Increase Activity Levels Prior to the Evaluation

Try to remember that the FCE is meant to test your ability to perform tasks over a full-time work week. In order to gain an accurate assessment, try to be active in the days leading up to your examination. Don’t knock yourself out, but don’t sit on the couch, either.

The day or two before your evaluation, try to perform activities that are similar to those you do at your job. If you spend all day at work on your feet, try going for a nice walk, or do a large grocery shop, on the day prior to the examination. If you sit at a desk all day when working, maybe go to a movie or spend a couple of hours at the library sitting at a desk or table prior to your evaluation.

Try to make sure that the examiner is able to determine what your condition would be like on Friday afternoon back on the job, after working all week. You don’t want to have their report reflect your ability on Monday morning after resting up all weekend.

Answer Questions Honestly and Thoroughly

The functional capacities evaluation takes place over the course of a day. The examiner’s report will be a better assessment of your abilities if you are forthright with your answers. If the examiner asks if you feel pain or some other sensation, this is not the time to exaggerate nor to minimize your symptoms.

Acting tough or pushing through pain may result in your exertion scores being high – you’re putting forth great effort! – but, if the results of this exertion are not accurately documented, you may be found able to perform at a level that is not realistic.

Over-stating your response to an activity also leads to a poor FCE result. If the examiner feels that you are capable of doing more than your test results reflect, or that you are complaining of difficulties out of proportion to your apparent levels of stress, this can be noted in the final report.

It may be helpful to let the examiner know the type of symptoms you generally experience, how long they last and what steps you take to reduce or alleviate those symptoms. This kind of openness and honesty will let the examiner know that you are in tune with your situation and are focused on improving your condition.

Usefulness of an FCE

An accurate functional capacity evaluation can be very useful to you in your claim or legal case. It can ensure appropriate treatment, vocational services and impairment awards are provided under your claim.

Medical Uses for a FCE

Your doctor may use the results to support that work restrictions are needed, or that a course of work conditioning treatment is needed to improve strength and stamina. An FCE can also help show that a certain rating of permanent impairment is appropriate.

The medical information within the final report, including symptoms present due to exertion and activity, allow your doctor to opine on your current condition and whether your condition could be improved with additional treatment.

Vocational Uses for a FCE

When a vocational counselor is assigned to a claim or case, they must make a determination of your ability to work. Typically, they will determine if you are able to return to work at your regular job, or a modified version of your job, with the same employer.

If not, they will look at your physical abilities together with your skills and education to determine if you could work in some other type of work. If you have transferable skills to another line of work, they will document the availability of these potential jobs and the willingness of employers to hire someone with your work restrictions.

Ultimately, the vocational counselor will write a report detailing your ability to obtain and maintain employment. The report will indicate whether you can return to work with your current skills and abilities, based on the functional capacity evaluation, or whether retraining services are needed.

Do you Need Legal Help?

You do not necessarily need legal advice when facing a FCE. If you have any concerns, questions, or if your instincts tell you that something doesn’t feel right, then talking with an attorney may be appropriate. Many firms, like ours, offer free consultations. Why not get answers to your questions before your evaluation?

See this prior post:

HOW CORPORATE MONEY POISONS “INDEPENDENT” MEDICAL EVALUATIONS

Worker Safety

Rotten Roof Injures Roofer in Fall Incident

Roofer Falls 20 Feet through Rotten Roof

SUMMARY

A 39-year-old roofer was severely injured when he fell 20 feet through a rotten roof. He had 22 years of experience in the roofing industry and had been with his employer, a roofing contractor, for a year.

The injured roofer was a member of a four-person crew that had been tearing-off and replacing the flat (low pitch) roof of a manufacturing storage facility for a month. On the day of the incident, they were working to remove three layers of roofing materials to check for spots of rotten roof.

Warning lines were set up near the roof’s edges and a safety monitor was used. Workers were not required to use personal fall protection while inside the warning lines. Outside of the warning lines, they were required to use a personal fall arrest system consisting of a full body harness with ropes tied-off to anchor points. Most of the visible rotten roof was in the area outside of the warning lines.

The roofer was inside the warning lines near the roof ridge using a shovel to scrape off shingles and insulation. As he stepped backward, a patch of rotten roof gave way and he fell through, landing 20 feet below on wood flooring. He was severely injured and suffered numerous fractures and internal injuries.

Investigators found that a worker had previously placed an orange cone to mark a rotten spot near where the roofer broke through the roof. The spot he fell through was three feet away from the cone and under three layers of roofing material so he was not able to recognize it was rotten. Workers had also been walking across the roof in the area for several weeks. At the time of the incident, the safety monitor was on the other side of the roof ridge throwing debris into a truck below. After the incident, the employer required workers to use a personal fall arrest system at all times.

RECOMMENDATIONS

FACE investigators concluded that, to help prevent similar occurrences, employers should:
• Erect guardrails around rotten roof areas to prevent access.
• Place a cover of standard strength and construction over localized rotten roof areas. (A sheet of
plywood would have covered the rotted deck area in this case.)
• Use scaffolds and/or elevating work platforms to access the underside of a roof to remove rotted deck when site conditions allow their use.

REQUIREMENTS

• Employers must ensure that all surfaces on which employees will be working or walking on are structurally sound and will support them safely prior to allowing employees to work or walking on them. See WAC 296-155-24605(1)
• Ensure that the appropriate fall protection system is provided, installed, and implemented when employees are exposed to fall hazards of 10 feet or more to the ground or lower level while engaging in roofing work on a low-pitched roof. See WAC 296-155-24611(1)(a)
• Prior to permitting employees to start demolition operations, you must make an engineering survey, by a competent person, of the structure to determine structural integrity and possibility of unplanned collapse of any portion of the structure. See WAC 296-155-775(1)

MORE INFORMATION

Read the full FACE Construction Injury Narrative report for this incident. For a slideshow version, intended for educational purposes, click here.

This narrative is an alert about the serious traumatic injury of a worker and is based on preliminary data ONLY and does not represent final determinations regarding the nature of the incident or the cause of the injury. Developed by the WA State Fatality Assessment and Control Evaluation (FACE) Program and the Division of Occupational Safety and Health (DOSH), WA State Dept. of Labor & Industries. The FACE Program is supported in part by a grant from the National Institute for Occupational Safety and Health (NIOSH grant# 5U60OH008487). For more information visit the FACE website.

Read prior posts about roofing accidents:
WHY DO ROOFERS FALL FROM ROOFS? IS IT JUST BECAUSE OF GRAVITY?
MUKILTEO, WA COMPANY FINED $645,000+ FOR EXPOSING ROOFERS TO FALL HAZARDS

Published by Causey Wright