
Miguel worked for a Redi-Mix Company in Southern California. The Redi Mix company manufactured bags of cement. They used an old conveyor system that incorporated a bag palletizerThe Redi-Mix conveyor defects included not guarding by location. That is allowing pinch points or hazard points to be in the vicinity of the workers. A simple lengthening of a gravity roller would have guarded by location.
Another conveyor defect included the pinch point did not incorporate a pop up roller.If the pinch point is accessible to the worker then a safety pop out roller should be used. A safety pop out roller literally pops out when pressure is applied. The pop out roller pops up to eliminate the pinch point.
The Redi-Mix conveyor system was not properly guarded. Conveyor systems should always be fitted with guards. Guards prevent access to the pinch point. These include head drums, tail drums, pulleys, feed chutes, gravity conveyors, belt conveyors, gravity tension devices, shaft drives, etc.
Finally, the conveyor system was designed without emergency stops. Emergency stops should always be used with conveyors. The emergency stops should be placed within reach of the pinch point. For example, emergency stop cords can be fitted along the length of catwalks and walkways.
While Miguel was removing bags from the defective palletizer, his glove was caught in a pinch point. Several of Miguel's fingers were amputated and his hand was gruesomely scarred and disfigured. The case was especially challenging because the "designer" of the conveyor system was long out of business.
By using favorable California products liability law, Miguel was able to resolve the case before trial against the palletizer manufacturer.
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California OSHA Conveyor Regulations
California Code of Regulations Title 8, Section 3446 concerns augers and Section 3999 concerns conveyors. Under California Code of Regulations Section 3999 (b) employers should place a guard on all tail pulleys on conveyors. The guard should be installed so that an employee cannot reach behind it and get caught in the nip point between the belt, chain, drum, pulley, or sprocket. These laws are in place to protect workers. If an employer refuses to provide a safe place to work, an employee needs to file a complaint with CAL OSHA.
If you are discriminated for bringing up conveyor safety to your employer or for refusing to work when faced with an imminent danger or serious injury then you should file a discrimination complaint with CAL OSHA.
Discuss your case with a San Diego Conveyor Attorney
The Turley Law Firm understands that you have questions about your rights and safety, and are probably concerned what might happen to you were seriously injured by a defective conveyor system. We are committed to fighting to get you the justice you deserve, and maybe help you regain your peace of mind in the process. Contact The Turley Law Firm today to discuss your case with a San Diego Conveyor Lawyer.
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