Affiliated with New Mexico Home Builders Association

1st Quarter Edition 2015

Your newsletter for quality workers’ compensation

information

Board of

Trustees

Kevin McGinley Chairman

Mesilla

Randy Crowder Secretary/Treasurer

Clovis

Mark Carpenter Trustee - Clovis

John Jourdan

Trustee - Hobbs

Wayne Rutherford Trustee -Taos

Lee Rawson

Trustee - Las Cruces

Bob Dolgener Trustee - Ruidoso

Michael Drunzer

Trustee - Alamogordo

Rick Davis Trustee - Albuquerque

Rob Liessmann Advisor Trustee

Farmington

Craig Kemper Advisor Trustee

Albuquerque

Skip Mead Ex-Officio

Tijeras

Jack Milarch Ex-Officio

Albuquerque

BUILDERS TRUST

BLUEPRINTS

Inside this issue Nail Gun Safety Page 2 By the Numbers Page 2 Nail Gun Safety cont. Page 3 Q & A - Annual Participant Updates Page 3

Using Broken Equipment Back Page

Builders Trust of New Mexico affiliated with New Mexico Home Builders Association

Sick Workers Can Increase the Risk of a Workplace Accident

Joe Smith is a stand-up guy that never calls in sick. We can rely on him to show up and work hard no matter if his nose is running or his belly aching. I wish I had an entire crew like Joe. Well, at least, that is what I thought until last summer when Joe came in and tried to tough it out through a bout of the flu. We were working on a roofing job. Joe looked pretty ragged and even threw up at one point, but insisted that he was good to go and could make it through the day. About 2:00 that after-noon, Joe looked a little wobbly on his feet. I asked if he was ok. In true Joe fashion, he waved me off and said he would finish the day. I shook my head and told him he was a real team player.

Joe said he was out of nails and was going down to the truck to get more. When he hiked his leg over to get on the ladder, he lost his balance and fell. Joe suffered a traumatic brain injury and hasn’t been the same since. He spent three months in the hospital and another three in a rehabilitation facility. Joe might never work again. I feel bad that I didn’t take Joe off the roof that day. It’s bad enough to know that Joe’s life is forever changed, but his wife and kids are impacted just as much. On top of all that, I got a call from my agent today and now my experience modifier is over 1.0. I lost out on a public works job that was going to provide work for us all year. If only I had taken him off the roof.

Can this situation happen? Yes it can. And it did. Here are some things to think about: A sick worker is a risk to your otherwise safe workplace. If a worker is sick and unsteady, do not allow the worker to be in an unsafe position. Do not put him to work at an elevated level. Do not put him behind the wheel. He could be a danger to himself and those around him. And if a worker is on a ladder, a roof, or a lift and has a medical episode that causes him to fall, the employer’s work comp policy is responsible for paying for any injury as a result of that fall. There is a long history of court decisions that support a compensable claim for this type of scenario.

Be safe. If in doubt about a sick worker, keep them grounded.

Builders Trust of New Mexico affiliated with New Mexico Home Builders Association

Blueprints - 1st Quarter Edition www.builderstrust.com® 2

Nail Gun Safety

BY THE NUMBERS

A study of apprentice carpenters found that:

2 out of 5 Injuries using a nail gun occurred during their 4 years of training

1 out of 5 Were injured twice during that same period

1 out of 10 Were injured three or more times during that period Source: Nail Gun Safety - A Guide for Construction Contractors Department of Health and Human Services CDC & Prevention, National Institute for Occupational Safety & Health, DOL & OSHA

Over the past several months, Participants have been experiencing multiple

injuries resulting in claims due to nail gun accidents. Ethan LeCam, our Claims

Manager, recently pointed out this negative trend and commented regarding nail

gun injuries, “While not major, our claims volume is spiking . . . “.

We recognize that these tools are essential to the workplace and increase both

productivity and profitability, but we also know that many injuries can be prevented.

In turn, prevention comes from understanding the best ways to operate nail guns,

recognizing how some devices pose greater risks than others, and realizing that

using nail guns properly can help make a work site more productive and safe.

Training workers is the key element to accident/injury prevention.

Dangers of using nail guns:

Healthcare practitioners in emergency rooms across the United States treat nearly

40,000 nail gun injuries every year. In residential carpentry, injuries from nail guns

are the most common “struck by” injury. These events account for approximately

14 percent of OSHA recordable injuries among these workers. People who operate nail guns are not the only ones at

risk of injury. Bystanders — most often co-workers — represent almost 12 percent of all who are injured by nail guns.

What can I do to protect myself from injury by a nail gun? Use a nail gun equipped with a sequential trigger. Studies show that the use of nail guns equipped with sequential

triggers can reduce injuries by half. If you are working on a small project, consider using a hammer. If you do use a nail

gun, a good practice is to read the owner’s manual from cover to cover to understand its operation. Reviewing this

manual is actually an effective tool in itself to use in a safety meeting. Comply with all recommendations regarding safe

work practices. Always wear protective equipment including safety glasses, ear protection and heavy work gloves.

PROPER NAIL GUN USE

Hold & carry the nail gun with your finger OFF the trigger.

Keep co-workers out of your line of fire.

Clear a nail jam after you disconnect the hose.

Shoot the bottom nail first when fastening a stud to a plate.

Know where the studs or joists are when shooting plywood or OSB.

Keep your free hand, not holding the gun, as far from the nailing location

as possible (12 inches or more is best).

Use extra care when toe nailing, nailing in tight spaces, from a ladder, or

with the gun above your head.

Allow space for a nail gun recoil (“kickback”) and don’t try to stop or

fight this recoil.

Use your dominant hand to operate a nail gun.

Always wear eye protection, hard hat, safety shoes and hearing protection

as required by OSHA.

Never horseplay or fool around with nail guns.

Seek medical treatment immediately if injured with a nail gun. Work only as fast as you can safely control the nail gun. Resist pressure

to work faster.

Builders Trust of New Mexico affiliated with New Mexico Home Builders Association

Blueprints - 1st Quarter Edition www.builderstrust.com® 3

WORKING TO SAVE YOU TIME AND KEEP

ALL YOUR RECORDS CURRENT & UP-TO-DATE.

What are the Participant Updates and why do I have

to complete and send them back? Q:

Tracey Stowe

Underwriting Manager

Participant updates are done every other year as required by our excess

carrier and in lieu of filling out complete new applications every two years.

This one page form only takes a few minutes to complete and can

be faxed, e-mailed or mailed back to Builders Trust. The form

provides information as it exists in our policy system and gives you

an easy way to let us know of changes to your company – names,

ownership or even operations. While some changes may require further

paperwork, we try to do as much on your behalf as possible to keep it as

easy as possible. So please be sure to return your completed update by the

due date of May 1, 2015.

A:

Additional steps in Nail Gun Safety It is important to remember to not remove the safety tip spring or disable any safety devise associated with a nail gun, as it will only increase the risk of injury. To top it off, OSHA prohibits these types of alterations to equipment. Lumber and material inspection is critical prior to using a nail gun. Be sure to look for knots, nails, straps, or other things that could potentially cause a nail to ricochet or deflect. Avoid using a nail gun when fastening metal straps or other connectors as the more appropriate tool is a hammer, palm nailer or positive placement teco nailer. Daily inspection of all equipment is an essential part of reducing workplace injuries, including compressors and hoses. Be sure to check your nail gun, air hose, hose fittings, and compressor to make sure they are working properly and only use tools and equipment that work properly. Verify that the air pressure is in the recommended range, which is usually in the 80 to 120 psi range. Also, verify manufacturer’s recommendations for regular lubri-cation. And although it sounds like common sense be sure to not lift, lower, or carry a nail gun using the air hose. Finally, when clearing a nail jam or doing any maintenance on the nail gun be sure to disconnect the air hose.

NAIL GUN SAFETY cont.

REMEMBER . . . . . Safety is No Accident!

Builders Trust of New Mexico

P.O. Box 91330

Albuquerque, NM 87199

www.builderstrust.com ®

PRST STD

US POSTAGE

PAID

ALBUQUERQUE, NM

PERMIT NO. 935

PLEASE ENJOY THIS COMPLIMENTARY ISSUE OF BT BLUEPRINTS

To find out how you can join Builders Trust of New Mexico AND receive the best value in workers’ compensation coverage for New Mexico Home Builders Association members, please contact our

Marketing General Agent Ronnie Letcher at Ronnie Letcher, MGA, LLC at 1-888-618-6022

Why Using Broken Equipment is Hazardous to Your Business

One of the seldom cited benefits of providing workers’ compensation coverage to employees is that the business providing the coverage has general immunity from lawsuits by the employees regarding work-related injuries. Or maybe not.

A recent court decision, Richey v. Hammond Conservancy District, highlights a situation where the employer may be subject to a lawsuit for an employee’s injury.

In this case workers were using high pressure equipment to clean a culvert. Several workers, including the worker who was injured, complained to their supervisor that the hose being used on the equipment was in poor condition and very hard to control. Employees reported several “near misses” of injury. The employer ordered the worker to use the equipment despite the complaints. The claimant lost control of the hose and was seriously injured. The case went to court.

The appeals court found that these facts, if proven, could show intentional misconduct by the employer and reversed the District Court's earlier decision dismissing the case. The egregious element of the employer willfully exposing the employees to the hazard might cause the employer’s immunity from employee lawsuit to be invalid. The case will continue to trial. And, remember that workers’ compensation awards do not allow for punitive damages or awards for pain and suffering, or other big dollar items that are routinely awarded in civil suits. Attorney fees are also capped in workers’ compensation cases but in civil suits they are not.

The lesson for us to learn: If employees are complaining about equipment, listen and investigate their concerns. Carefully evaluate the situation. If the equipment is damaged or in poor condition DON’T USE IT. Document repairs and maintenance. Using broken equipment may not only injure your employee, it could subject your business and your assets to a major loss.