On July 5, 2012, Earth Friendly Products, a company that manufactures cleaning products, was cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for 23 serious safety and health violations in its facility in Norwood, NJ.
Some of the violations include the following:
When a company is cited for serious violations, that means there is a high probability that death or serious injuries could result from a hazard that the employer knew or should have known about.
The violations clearly indicate that the workers at this facility were not adequately protected and injuries to workers were likely to occur.
New Jersey workers are generally barred from suing their employers if they were injured at work under the Worker's Compensation Act.
However, when an employer commits an intentional act, one where the employer knows that the consequences of the act are substantially certain to result in harm, the injured worker may bring suit against his or her employer.
For example, if Earth Friendly Products knew that the "lockout/tagout" procedures were deficient and made a decision not to have a proper procedure implemented because no one was hurt before, it could be held liable for the death or injuries of a worker who was crushed in the machine. It can be argued that the company knew that not having a lockout/tagout procedure was substantially certain to result in injury or death to its workers.
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If you or a love one was injured in an industrial machinery accident in New Jersey, it is vital that you speak to a industrial accident lawyer in New Jersey to evaluate your potential case. 877.944.8396