Amputation injuries are among the most devastating workplace accidents, often leaving employees with permanent disabilities and a lifetime of challenges. When employers fail to prioritize workplace safety, particularly around heavy machinery, the consequences can be life-altering. One example is G&S Metal Products Co., a Cleveland-based bakeware manufacturer, which was fined after two workers suffered amputation injuries in preventable incidents.
Below, the workplace injury attorneys at Kherkher Garcia explore the risks associated with unguarded machinery, the importance of lockout/tagout procedures, and how injured workers can protect their rights and seek compensation for their losses.
Bakeware Company Found Negligent after Amputation Injuries
OSHA investigators found G&S Metal Products Co. responsible for two preventable workplace incidents resulting in amputations due to inadequate safety measures. The amputation injuries, occurring in June and July 2024, involved power press machines that lacked proper guarding, lockout/tagout protocols, and sufficient employee training in machine safety.
In the first incident, a 37-year-old employee lost a limb when a power press cycled unexpectedly during servicing. Inspectors found the press’s pullbacks were improperly secured. Two weeks later, a 64-year-old employee with just four months on the job suffered a similar injury when a press’s die closed unexpectedly as they cleared scrap. This machine also lacked proper guarding and was not locked out during maintenance.
OSHA cited the company for one willful and five serious violations, proposing more than $182,000 in penalties. G&S Metal Products had been previously cited in 2017 for a similar amputation injury involving a mechanical power press. OSHA emphasized the need for the company to immediately address machine safety to prevent further harm.
Founded in 1949, G&S Metal Products Co. manufactures bakeware and kitchen accessories distributed globally.
Understanding Amputation Injuries
Amputation injuries involve the partial or complete removal of a body part, often a limb or extremity, due to trauma. These injuries can occur in various ways, including:
- Contact with moving machinery: Unguarded machines, such as mechanical power presses, pose a high risk of entanglement or unexpected activation, leading to amputations.
- Falling objects: Heavy equipment or improperly secured items can cause crush injuries severe enough to necessitate amputation.
- Caught-between accidents: Workers may become trapped between equipment components or other objects, resulting in severe trauma.
Amputations can have severe physical, emotional, and financial impacts on workers and their families. Victims may face prolonged medical treatment, rehabilitation, loss of income, and emotional distress.
The Risks of Unguarded Machinery
Machinery is essential to many industries, but when employers neglect safety precautions, these tools can become deadly. Unguarded machinery is a leading cause of workplace amputations. Key risks include:
- Lack of Machine Guards Machine guards are designed to protect workers from contact with moving parts, flying debris, and other hazards. Without them, employees are at greater risk of injury during operation, maintenance, or cleaning.
- Unexpected Machine Activation Unsecured or improperly maintained equipment can activate unexpectedly, placing workers in harm’s way. This was a factor in both amputation injuries at G&S Metal Products.
- Inadequate Employee Training When workers are not adequately trained in machine safety, they may unknowingly expose themselves to risks. Training is critical to ensure workers understand how to operate equipment safely and recognize potential hazards.
In G&S Metal Products’ case, OSHA investigators found that inadequate guarding and insufficient employee training directly contributed to the incidents. Despite previous citations in 2017 for similar violations, the company failed to address these issues adequately.
The Importance of Lockout/Tagout Procedures
Lockout/tagout (LOTO) procedures are critical for ensuring worker safety during machine maintenance or servicing. These protocols involve isolating hazardous energy sources to prevent unexpected equipment activation. Proper implementation of LOTO can significantly reduce the risk of workplace amputations.
Key Components of LOTO Procedures
- Energy Isolation All energy sources—electrical, hydraulic, pneumatic, mechanical—must be identified and isolated before maintenance begins.
- Lockout Devices Locks are placed on machinery to physically prevent activation. Each worker involved should use their lock to ensure personal safety.
- Tagout Devices Tags provide clear warnings that equipment should not be operated. While tags alone do not provide physical restraint, they are a critical part of communication.
- Verification After applying locks and tags, workers must verify that the machinery cannot be activated. This step ensures the effectiveness of the LOTO process.
Employer Responsibilities
Employers are responsible for:
- Developing and implementing a comprehensive LOTO program.
- Training employees on LOTO procedures.
- Regularly inspecting and updating safety protocols.
OSHA’s investigation into G&S Metal Products revealed that the company failed to implement proper LOTO procedures, contributing to the amputation injuries. This oversight underscores the importance of adherence to safety standards.
Legal Options for Workers After an Amputation Injury
If you or a loved one has suffered an amputation injury due to workplace negligence, it is essential to understand your legal rights. Workers in such situations may pursue recovery through various avenues:
Workers’ Compensation
Workers’ compensation provides benefits to employees injured on the job, regardless of fault. Benefits typically include:
- Medical expenses
- Wage replacement
- Vocational rehabilitation
However, workers’ compensation may not fully cover all losses, such as pain and suffering or long-term disability.
Third-Party Liability Claims
If a third party, such as a machinery manufacturer, contributed to the accident, injured workers might pursue a personal injury lawsuit. These claims can provide additional compensation for damages not covered by workers’ compensation.
Product Liability Claims
In cases where defective machinery or equipment design played a role in the injury, victims can file a product liability claim against the manufacturer. These claims often focus on design flaws, manufacturing defects, or inadequate warnings.
OSHA Complaints
Workers can file complaints with OSHA to report unsafe working conditions. While this does not provide direct compensation, it can prompt investigations and enforcement actions to improve workplace safety.
Preventing Amputation Injuries: Employer Obligations
Employers have a legal and moral responsibility to provide a safe working environment. Key obligations include:
- Conducting regular safety inspections.
- Implementing effective machine guarding systems.
- Providing comprehensive employee training.
- Establishing and enforcing LOTO procedures.
- Addressing and rectifying safety violations promptly.
When employers neglect these duties, they endanger workers’ lives. OSHA’s penalties against G&S Metal Products serve as a stark reminder of the consequences of non-compliance.
Steps to Take After an Amputation Injury
If you’ve been injured at work, follow these steps to protect your rights:
- Seek Immediate Medical Attention Your health is the top priority. Prompt medical care also creates essential documentation for your case.
- Report the Incident Notify your employer as soon as possible to initiate the workers’ compensation process.
- Preserve Evidence Document the scene, including photographs and witness statements, to support your claim.
- Consult an Attorney An experienced attorney can help you navigate the legal process and ensure you receive the compensation you deserve.
How Kherkher Garcia Can Help
Navigating the legal process after an amputation injury can be overwhelming, especially when dealing with physical and emotional recovery. At Kherkher Garcia, our experienced workplace injury attorneys are committed to helping injured workers pursue the compensation they deserve.
Why Choose Us?
- Comprehensive Case Evaluation We assess the details of your case to determine the best legal strategy, whether it involves workers’ compensation, third-party claims, or product liability lawsuits.
- Experienced Advocates Our team has extensive experience handling complex workplace injury cases, including those involving machinery accidents and amputation injuries.
- Maximized Compensation We fight to secure compensation for medical expenses, lost wages, pain and suffering, and other damages.
Amputation injuries are life-changing events that often result from preventable workplace hazards. Employers must prioritize safety by adhering to OSHA standards, implementing proper machine guarding and LOTO procedures, and providing effective training. When they fail to do so, injured workers have legal options to seek justice and recovery.
Free Workplace Injury Consultation
If you or a loved one has suffered an amputation injury or other workplace injury, Kherkher Garcia is here to help. Contact us today for a free workplace injury consultation to discuss your case and learn how we can fight for your rights. Together, we can hold negligent employers accountable and secure the compensation you deserve.
To get started, call us right now at 713-333-1030 to start your free consultation. You can also reach out to us online via our website contact form.
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