Each year, U.S. hospitals report approximately 40,000 chain saw-related injuries and deaths. This is a conservative estimate since it does not include outpatient visits and not all hospitals provide injury information to the public. By all accounts, however, chain saws are among the most dangerous tools that can be obtained without a license or required training on the open market.
Tips on the safe operation of chain saws follow:
* Carefully follow all operating instructions on the owner's manual.
* Choose the right chain saw for the job. This includes the right horsepower, weight, bar length, chain speed, and type of each, including the handle bar ("full-wrap" handle bar for left-handed operators, for instance). Your local chain saw dealer can help you with these choices.
* Check the According to the U.S. Consumer Product Safety Commission (CPSC) online recall alert search by selecting "Chain Saws" and follow the directions on any alerts pertaining to your chain saw's make and model.
* Keep the chain sharp at all times. After every third hand filing, sharpen on a grinder to true up rakers, cutters and gullets.
* Keep the chain saw out of the dirt and avoid rocks, wire, nails, etc...
* Prior to storing the chain saw, use the cover or guard and drain the gas/oil mixture from the tank, otherwise the mixture can turn to varnish and clog the carburetor. A case can be purchased for most smaller chain saws.
* Safety does not only require the proper safety equipment, such as a hard hat, eye protection, gloves, hearing protection, protective leg chaps, a first aid kit, and leather boots that cover the ankles, but all the necessary tools for cutting a tree, such as wedges, ax, large hatchet or maul, bar oil, bar wrench, properly mixed fuel, small screwdriver with magnetic head, chain file with protective handle, and minor maintenance tools.
* Don't work alone and be aware of weather conditions, terrain, buildings, vehicles, power lines, livestock, wildlife and other people.
* Never "air drop" start a chain saw, where you drop the saw with one hand while pulling the starting cord with the other. Air dropping is against the law and has injured numerous operators over the years.
* Anticipate potential "kickback", which leads to the most cuts to operators, and the various forms of "binding" and "pinching" that can occur. Even "anti-kickback" chains can "kick back".
* Learn the basics of saw mechanics, operation (including felling techniques), maintenance (including sharpening techniques), and safety. Consider taking a course in which you can practice performing different kinds of tasks and techniques.
Monday, April 27, 2009
Defective Bicycle Lawyer
Bicyclists have small profiles on the road, travel more slowly, and are more exposed than other motorists. This makes bicyclists harder to be seen by drivers of other vehicles and more likely to be involved in a collision or accident resulting in serious injuries.
Another source of serious injuries to bicyclists, however, is defective bicycles, bicycle parts and cycling products. In fact, for many years, bicycles ranked number one on the U.S. Consumer Product Safety Commission's (CPSC) product hazard index and continue to be ranked among the most dangerous products for children.
Much of the concern as early as four decades ago stemmed from a lack of bicycle product safety features that were an impetus for the CPSC to begin requiring coverings for protruding bolts, protected edges on metal fenders, chain guards for certain types of bikes, locking devices to secure wheel hubs, wide angle reflectors, and clear instructions for assembly and maintenance.
But every year there are numerous recalls due to injuries caused by defective bicycles and bicycle parts. For a listing of bicycle and bicycle part recalls, please visit http://www.cpsc.gov/cgi-bin/prod.aspx and select “Bicycles and Accessories”.
Even when a bicyclist exercises utmost care, a defect in the design or maintenance of the bicycle itself can cause a dangerous condition such that a serious accident becomes imminent. If such an accident occurs, in most cases the best course of action is to consult with a knowledgeable attorney who can determine if the accident was truly as a result of product liability, the negligence of another motorist, or a dangerous roadway condition.
The cause of a bicycle accident may not be so clear-cut. Take, for instance, a case in which a bicyclist is forced off a bike path because a motorist did not provide adequate clearance. The bicyclist subsequently hits a pothole that causes the bicycle, which has a substandard frame, to buckle under the stress created by hitting the far edge of the pothole, seriously injuring the rider.
Another source of serious injuries to bicyclists, however, is defective bicycles, bicycle parts and cycling products. In fact, for many years, bicycles ranked number one on the U.S. Consumer Product Safety Commission's (CPSC) product hazard index and continue to be ranked among the most dangerous products for children.
Much of the concern as early as four decades ago stemmed from a lack of bicycle product safety features that were an impetus for the CPSC to begin requiring coverings for protruding bolts, protected edges on metal fenders, chain guards for certain types of bikes, locking devices to secure wheel hubs, wide angle reflectors, and clear instructions for assembly and maintenance.
But every year there are numerous recalls due to injuries caused by defective bicycles and bicycle parts. For a listing of bicycle and bicycle part recalls, please visit http://www.cpsc.gov/cgi-bin/prod.aspx and select “Bicycles and Accessories”.
Even when a bicyclist exercises utmost care, a defect in the design or maintenance of the bicycle itself can cause a dangerous condition such that a serious accident becomes imminent. If such an accident occurs, in most cases the best course of action is to consult with a knowledgeable attorney who can determine if the accident was truly as a result of product liability, the negligence of another motorist, or a dangerous roadway condition.
The cause of a bicycle accident may not be so clear-cut. Take, for instance, a case in which a bicyclist is forced off a bike path because a motorist did not provide adequate clearance. The bicyclist subsequently hits a pothole that causes the bicycle, which has a substandard frame, to buckle under the stress created by hitting the far edge of the pothole, seriously injuring the rider.
Nursing Home Resident Smoking Rights and Risks
In light of several recent tragedies in which nursing home residents started fires due to carelessness with their cigarettes, many senior living facility administrators have considered banning smoking on their premises. But some resident's rights advocates and state regulatory agencies consider this a possible infringement on some residents' "quality of life". This has placed many nursing homes in a struggle to find a balance between satisfying insurance companies' and state safety inspectors' demands for smoking safety, and respecting their residents' rights.
The consequences of a carelessly handled cigarette by a nursing home resident can be catastrophic. In several of the recent tragedies, a fire that broke out cost several residents their lives and the facility suffered considerable damage. But should a nursing home force its residents to quit smoking by no longer accommodating their needs?
Because of these serious issues, families confronting the difficulties inherent in dealing with a loved one who requires nursing care may be wise to consider a nursing home's smoking policies, regardless of whether their loved one smokes. Here are some questions a loved one's family member, caregiver or guardian can ask managers and administrators of a prospective nursing care facility:
* What are the facility's smoking policies? Are the terms, expectations, conditions, and responsibilities of each party in writing?
* Are there designated smoking areas with National Fire Protection Association approved ashtrays and smoking aprons? Are they equipped with fire extinguishers the staff are trained to use?
* Are cigarettes, lighters, and other smoking devices accessible by the staff only?
* Is there a call system to summon help in case of an emergency?
* Does the facility have an adequate fire suppression system (sprinklers) and smoke and fire detectors?
* Are fire evacuation procedures posted?
* Does the facility use fire-retardant on combustible materials?
* Are there at least annual inspections by the local fire department?
* Is there a "no smoking in bed" policy strictly enforced by the staff?
* What actions will the staff take if a resident does not comply with the smoking policies?
The consequences of a carelessly handled cigarette by a nursing home resident can be catastrophic. In several of the recent tragedies, a fire that broke out cost several residents their lives and the facility suffered considerable damage. But should a nursing home force its residents to quit smoking by no longer accommodating their needs?
Because of these serious issues, families confronting the difficulties inherent in dealing with a loved one who requires nursing care may be wise to consider a nursing home's smoking policies, regardless of whether their loved one smokes. Here are some questions a loved one's family member, caregiver or guardian can ask managers and administrators of a prospective nursing care facility:
* What are the facility's smoking policies? Are the terms, expectations, conditions, and responsibilities of each party in writing?
* Are there designated smoking areas with National Fire Protection Association approved ashtrays and smoking aprons? Are they equipped with fire extinguishers the staff are trained to use?
* Are cigarettes, lighters, and other smoking devices accessible by the staff only?
* Is there a call system to summon help in case of an emergency?
* Does the facility have an adequate fire suppression system (sprinklers) and smoke and fire detectors?
* Are fire evacuation procedures posted?
* Does the facility use fire-retardant on combustible materials?
* Are there at least annual inspections by the local fire department?
* Is there a "no smoking in bed" policy strictly enforced by the staff?
* What actions will the staff take if a resident does not comply with the smoking policies?
Nursing Home Neglect Lawyers
Different standards apply to nursing homes depending on how the institution is classified. In order from those providing the lowest to the highest level of nursing care, these classifications are “adult boarding”, “residential care”, “intermediate care”, and “skilled nursing” facilities. Federal and state governments regulate intermediate and skilled nursing facilities, especially with respect to their involvement with Medicare and Medicaid. National standards for “extended care” facilities are outlined in the Federal Medicare Health Insurance Program for the Aged.
Federal and state laws govern facilities participating in Medicaid or Medicare, whereas only state laws apply to those that do not. Under federal guidelines, nursing homes must provide written policies and procedures with respect to mistreatment, abuse and neglect of residents. Residents are entitled to receive written and verbal notice of the services and rights to which they are entitled and they must acknowledge receipt of such notice.
Nursing home residents have the right to see representatives of the state and federal government, family members, physicians, service providers, and ombudsmen or other resident advocates. An ombudsman investigates and helps resolve resident complaints. Ombudsmen do not charge for their services and do not regulate the facility.
A resident can only be removed from a facility if the resident no longer needs the nursing home’s services, if it is necessary for the resident’s welfare or for the safety of others, the resident fails to make payments after reasonable notice, or if the facility closes. The nursing home must provide 30 days’ notice of a discharge or proposed transfer, and the resident has the right to appeal.
Facilities that participate in the Medicaid program are required to supply written notice of the state bed hold policy to a resident and family member before transferring the resident for therapy or hospitalization. A bed hold period is the length of time a resident’s bed will be held open for their return. Residents who return after the bed hold period expires have the right to be readmitted when a semi-private bed becomes available.
Other rights nursing home residents are entitled to include:
* Keeping their personal possessions
* Applying for Medicare and Medicaid benefits without being discriminated against for receiving such benefits
* Being treated the same as other residents
* Confidentiality of their clinical and personal records
* A listing of services paid by Medicare and Medicaid and all additional fees and services
* A choice in their own physician
* Full information and participation in the planning with regard to their medical care
* Refusal of any treatment
* Not being kept apart from other residents against their will
* Not to be restrained if not necessary
* To raise grievances and to have them resolved expeditiously
* To participate in religious, social and community activities
* Not to be required to deposit their personal funds with the nursing home
* To privacy, including that with regard to medical treatment, visits, communications, and meetings with resident groups and family
* To review the most recent state inspection report
Federal and state laws govern facilities participating in Medicaid or Medicare, whereas only state laws apply to those that do not. Under federal guidelines, nursing homes must provide written policies and procedures with respect to mistreatment, abuse and neglect of residents. Residents are entitled to receive written and verbal notice of the services and rights to which they are entitled and they must acknowledge receipt of such notice.
Nursing home residents have the right to see representatives of the state and federal government, family members, physicians, service providers, and ombudsmen or other resident advocates. An ombudsman investigates and helps resolve resident complaints. Ombudsmen do not charge for their services and do not regulate the facility.
A resident can only be removed from a facility if the resident no longer needs the nursing home’s services, if it is necessary for the resident’s welfare or for the safety of others, the resident fails to make payments after reasonable notice, or if the facility closes. The nursing home must provide 30 days’ notice of a discharge or proposed transfer, and the resident has the right to appeal.
Facilities that participate in the Medicaid program are required to supply written notice of the state bed hold policy to a resident and family member before transferring the resident for therapy or hospitalization. A bed hold period is the length of time a resident’s bed will be held open for their return. Residents who return after the bed hold period expires have the right to be readmitted when a semi-private bed becomes available.
Other rights nursing home residents are entitled to include:
* Keeping their personal possessions
* Applying for Medicare and Medicaid benefits without being discriminated against for receiving such benefits
* Being treated the same as other residents
* Confidentiality of their clinical and personal records
* A listing of services paid by Medicare and Medicaid and all additional fees and services
* A choice in their own physician
* Full information and participation in the planning with regard to their medical care
* Refusal of any treatment
* Not being kept apart from other residents against their will
* Not to be restrained if not necessary
* To raise grievances and to have them resolved expeditiously
* To participate in religious, social and community activities
* Not to be required to deposit their personal funds with the nursing home
* To privacy, including that with regard to medical treatment, visits, communications, and meetings with resident groups and family
* To review the most recent state inspection report
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