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The Maryland Occupational Safety and Health agency (MOSH) is investigating a fatal accident that occurred at a Maryland construction site. It is the second serious accident at the site so far this summer. In this latest tragedy, a 27-year-old construction worker died and another 25-year-old worker was seriously injured. The construction site accident occurred when a pre-cast concrete wall collapsed at construction project at the Arundel Mills mall. The construction company is in the process of building a nearly 5,000-machine slots parlor and entertainment complex called Maryland Live! Casino. In addition to slot machines, the complex is expected to house dining venues as well as entertainment. In the first accident, which occurred in early July, a piece of concrete fell on the leg and foot of a construction worker. This time, a 30-by-40 foot wall collapsed unexpectedly. One construction worker was inside of a bucket lift when the wall collapsed and he became trapped in the wreckage. Unfortunately, rescue workers were delayed in their attempt to reach him because of the intense heat and humidity. He did not survive the accident. The injured 25-year-old man was taken to Maryland Shock Trauma Center with life-threatening injuries. Thankfully, his condition has been upgraded from critical to fair, and it appears that his life is no longer in danger. The casino is expected to open by the end of 2012. The company says it does not expect a delay in the construction schedule as a result of the recent accident. Hopefully, the MOSH investigation will shed some light as to why the 25-ton wall suddenly collapsed. If MOSH finds that the construction company did not follow prescribed safety requirements, then it can be cited for the dangerous conditions on its construction site. If such is the case, hopefully further such serious injuries at the construction site can be prevented. Source: The Baltimore Sun, “ One dead, one injured at Arundel Mills slots construction site,” Nicole Fuller and Liz F. Kay, July 29, 2011.

For years, public awareness campaigns have encouraged drivers to look for motorcycles. You have probably seen the bumper stickers that say, “Start Seeing Motorcycles.” However, motorcycle versus car accidents continue to happen regularly, and drivers who cause motorcycle accidents often claim that they did not see the motorcycle before violating the motorcyclist’s right of way. The costs of not seeing a motorcycle can be traumatic. On Monday morning, a 33-year-old Maryland man was killed when a pickup truck pulled into his motorcycle’s path. He was a father of four children who began riding his motorcycle to use less gas. For the past four years, he made the daily commute from Boonsboro, Maryland to his job as a welder for Pressure Tech in Greencastle, Pennsylvania. Over the past seven months, he switched from driving a car to using a motorcycle. The man and his wife found that the gas saved by using the motorcycle helped them feed their four kids. As he headed to work on Maryland 66 near Beaver Creek, he collided with a 2007 Ford pickup. Maryland State Police investigators believe that the pickup truck driver was trying to turn left onto Interstate 70 from the southbound lane of Maryland 66 when he pulled into the motorcyclist’s path. The 33-year-old father of four was rushed to Meritus Medical Center near Hagerstown, but he was pronounced dead at the hospital. The driver of the pickup was not hurt, but he has been charged with negligent driving and failure to yield the right of way. Source: Herald-Mail.com, “Motorcycle crash victim was trying to save gas,” Dave McMillion, 26 July 2011

Summer is fair season in Maryland. As Maryland families flock to fairs and carnivals, summer sees a spike in personal injuries caused at carnivals, fairs, and amusement parks. In Maryland, the Department of Labor monitors and inspects amusement rides for safety. In an average year, the Department of Labor inspects 44,000 rides. In 2010 and 2011, inspectors found 2,000 safety violations. Inspectors checked a ride called the Tornado at the Allegany County Fair and AgExpo in Cumberland. However, that did not prevent a 17-year-old girl from being electrocuted by the Tornado last weekend. According to the girl’s boyfriend, who witnessed the accident, the electrocution victim dropped her cell phone after exiting the ride. When she reached down to pick up her phone, she slipped and came into contact with a live electrical cable. During the electrical shock, the 17-year-old girl could not scream for help or move. Her boyfriend recognized she was being electrocuted and the ride operator managed to free her from the cable. Thankfully, she survived the electrocution, but she did suffer burn injuries to her hand and her arm. While she recovered in the hospital, medical staff needed to monitor her vital signs and her kidneys because electrical shocks can cause kidney problems. A spokesman for the Department of Labor has stated that the ride was inspected 10 hours after the accident and that the inspector deemed the ride to be safe. An investigation into the accident is ongoing. The outcome of the Department of Labor’s investigation and other independent investigations will likely play an important role in finding out who is legally responsible for the accident. If it is found that this accident was the result of negligent operation and maintenance, then the owners and operators of the ride could be legally responsible for the accident. In addition, if the accident was caused by a design flaw or a product defect, then the manufacturers of the ride could be legally responsible. Source: Cumberland Times-News, “Electrical shock cause of accident that injured Mt. Savage teen at fair,” Emily Newman, 18 July 2011

Police are investigating the death of a Hampstead, Maryland, man after the forklift he was operating crashed into a shelving unit. The Maryland workplace accident happened at the Random House Publishing warehouse in Westminster while the man was moving books stacked on pallets. Area fire and rescue units responding to the accident scene worked to free the man who was wedged between the shelving unit and the forklift. Attempts to revive the injured worker were unsuccessful. News of the worker’s death has traveled through the various Random House Publishing offices and warehouses around the country, bringing a flood of sympathy notes for the worker’s family. Maryland state law requires that any death in which a physician is not present as a witness is automatically investigated by police. The body was transported to the State Medical Examiner’s office for autopsy. The accident continues to be under investigation by the Carroll County Maryland Sheriff Department. The Maryland office of the Occupational Safety and Health Organization (OSHA) is launching a separate inquiry into the fatality. The 44-year-old man had been employed at the Westminster Random House facility for almost two years. Source: WBAL-TV 11 News Baltimore, “Carroll Co. Man Dies In Forklift Accident,” June 1, 2011

Now that summer has unofficially arrived in Maryland, pedestrians, bicycles, motorcycles and other seasonal vehicles are returning to the road after a long winter in hibernation. Unfortunately, the additional traffic on the road can lead to additional accidents on the road. In a most unusual bicycle accident, a Maryland ice cream truck driver is being charged with running down a bicyclist. Last month, a 24-year-old cyclist was riding his bike on a sidewalk while on the way home from work on Bike to Work day when he was hit by the ice cream truck driven by a 52-year-old man from New Carrollton, Maryland. According to police, the ice cream truck was coming from a side street when the driver failed to see the bicyclist. After striking the cyclist, the truck dragged him a short way down the street. Police Sgt. Daniel Grim reported that the cyclist’s injuries were painful and included tire tracks on his back, but that none of his injuries were life threatening. The driver of the ice cream truck has been charged with a failure to yield the right of way. A witness to the accident said he is reconsidering his idea to bike to work and plans on using his job as a civil engineer to help create special bike lanes designed to increase safety for cyclists. The family of the injured cyclist said that he was recovering at his parent’s house from broken bones. Acting as a spokesman, the young man’s father said that the members of his family are all avid cyclists, saying that he doesn’t believe the public cares about cyclists, adding that he and his family practice safe biking. Source: FairfaxTimes.com, “Burke cyclist run over by ice cream truck,” Gregg MacDonald, 5/27/2011

As chemical hair straighteners become increasingly popular, concerns that they might be harmful to the user’s health has prompted some lawmakers to call for regulation of these products by the FDA. Several salon workers testified in Washington, claiming that exposure to chemical hair straighteners had caused them to become sick. The product that is causing the most concern is called the Brazilian Blowout. This product is advertised as a solution to problems with frizzy hair, but recent studies have found high concentrations of formaldehyde, a chemical classified as a probable carcinogen by the Environmental Protection Agency, present in the Brazilian Blowout. With these studies in mind, and due to reports of adverse health effects being suffered by people who use the Brazilian Blowout, some lawmakers would like to have these potentially dangerous products recalled. One individual said she has since switched to an organic hair relaxer, explaining that the chemical straightener she had caused her to experience medical problems. Another stylist explained that she and her colleagues work long hours, and regulating the products would provide them with a safer work environment. The salon workers have joined the concerned lawmakers in urging the FDA to regulate the products, banning known carcinogens from being used in their production. They are also requesting that the FDA issue a voluntary recall of two chemical straighteners that were discovered to contain potentially dangerous levels of formaldehyde. Some workers claim to have suffered itchy eyes, throat pain and difficulty breathing after being exposed to the products. While the manufacturer of the products argues that they are safe and that the complaints are unsubstantiated by research, the workers and lawmakers want the FDA to more thoroughly test chemical hair straighteners and use warning labels to indicate products that use formaldehyde. The group would also like to allow the FDA to more easily issue recalls of dangerous cosmetic products. Source: WPRI.com, “Popular hair product under fire in D.C.,” Susan Hogan, 5/18/2011

Early Sunday morning, a driver and his four passengers were driving east on Olney-Laytonsville Road in Olney, Maryland. Police believe the vehicle left the roadway and then hit two trees and a telephone pole. Three passengers died in the car accident. An 18-year-old man was pronounced dead at the scene of the accident. Two other passengers were rushed to local hospitals, but later died. A fourth passenger was treated at a hospital for non-life threatening injuries. The driver of the automobile survived the accident, but he may be facing both civil and criminal legal proceedings as a result of the fatal crash. Officers state the driver is a 20-year-old student at James Madison University, and they would like to see him held criminally responsible for the accident and its aftermath. Law enforcement authorities believe the 20-year-old driver attempted to flee the scene of the accident on foot. As a result, he has been arrested and is facing felony counts of leaving the scene of an accident as well as counts of failing to report an injury accident to the nearest law enforcement authorities. An investigation into the fatal car accident is ongoing as authorities await the results of the driver’s blood tests. In addition to the criminal charges, the driver may also face civil lawsuits filed by the families of the passengers killed in the accident. When a person negligently or recklessly causes the death of another person, he or she can face a wrongful death lawsuit. In incidents like this unfortunate accident, the results of a criminal investigation will not directly compensate family members for their losses. However, the criminal investigation will likely have a strong affect on any civil litigation that is filed because of the driver’s negligence. Source: WHSV.com, “Three Killed in Maryland Crash,” 5/16/2011

Crossing guards play an important role in protecting schoolchildren from automobile accidents. Similarly, bus drivers play a vital role in providing a safe environment for children by operating their buses in a safe manner. Maryland law enforcement authorities are investigating a recent accident between a school bus and a crossing guard. The accident sent the 54-year-old crossing guard to Maryland Shock Trauma Center in critical condition. Although authorities are still investigating the accident, they believe the accident was a result of the bus driver ignoring the crossing guard’s right of way. The crossing guard apparently entered an intersection near Point Pleasant Elementary to help a student cross the street at 7:41 a.m. After stopping the bus at the intersection, police believe the bus driver made a left turn and hit the 54-year-old woman in the crosswalk. A police spokesman said there is no indication that the student was still in the crosswalk at the time of the accident. Robert Berned witnessed the accident after dropping his daughter off at the school. He rushed to the crossing guard’s aid and found her lying unconscious and bleeding in the middle of the street. Berned and another man wrapped her in a blanket to shield her from the rain. Berned remarked that the crossing guard actually rose to her feet with the assistance of the two men. “Anyone who could get up from that has amazing strength.” Berned said. “She was a strong woman.” The bus driver, who had been working for the county for nearly five years, will not be driving a school bus until the school board conducts an investigation into the accident. Source: The Capital, “Crossing guard hit by school bus in critical condition,” Ben Weathers, 5/5/2011

The Chevy Cruze has been an important model for General Motors as the automaker returns to profitability. In a time with soaring gas prices, the Cruze has gained popularity for having good fuel economy. However, GM has recalled more than 150,000 Cruzes amid concerns that the steering shaft on the vehicles may not have been properly installed. The 154,112 automobiles represent all of the Cruze vehicles produced at one GM plant from the beginning of production last summer to April 21. As of April 21, changes were made at the plant to prevent product defects with the steering shafts. GM indicates that the problem with the steering shafts became known when a driver lost control of a Cruze in a parking lot. Thankfully, no one was injured as a result of the incident. This recall follows a smaller recall last month. Last month, GM recalled 2,100 Cruze vehicles due to concerns of an improperly fastened steering wheel. GM has announced two other recalls. The automaker announced that a nut on the windshield wiper motor crank arm could come loose on 2011 Chevy Colorado and GMC Canyon trucks. As a result, GM recalled 4,674 pickup trucks across the country. GM also recalled 8,723 Chevrolet Express and GMC Savana vans due to concerns that the vehicles may encounter brake fluid leaks. GM is quick to point out that no one has been injured because of defects in the recalled vehicles. In light of the recent Toyota recall that happened only after dozens of personal injuries and fatalities occurred, it is good to see an automaker recalling vehicles in a preventative, rather than a reactive, fashion. However, every manufacturer has the legal duty to make sure its products are safe before selling them to consumers. When a defective product makes its way into the marketplace, consumers are placed at risk. Source: Reuters, “GM recalls 2011 Cruze cars to inspect steering shaft,” Deepa Seetharaman and Bernie Woodall, 5/4/2011

Drug maker Ortho-McNeil, a subsidiary of Johnson & Johnson, has recalled 57,000 bottles of the anti-seizure medication, Topamax, after receiving reports that the drug was defective and had an unusual smell. Two defective shipments of 100-milligram Topamax tablets, made last October and December, were pulled and destroyed after four consumers described an odor that was “uncharacteristic.” Although the drug company did not identify what caused the smell, the U.S. Food and Drug Administration has posted information that may link it to problems with how the medication is stored in the distribution process. The musky, moldy smell is believed to be attributed to the interaction between fungus and a certain kind of wood preservative used on pallets where medication is often stored. The FDA says even trace amounts of what is known as TBA (2,4,6-tribromoanisole) contamination are easy for human noses to pick up. Drug side effects caused by the mixture have led some patients to report gastrointestinal problems. Because of health risks, the FDA warns that drug products should not be stored near wood pallets treated with halogenated phenolic preservatives. Consumers have recently alerted drug makers of the mildew-type smell with other drugs including some over-the-counter medications marketed by McNeil Consumer Healthcare and the prescription drug Lipitor made by Pfizer. Drug companies are trying to prevent future recalls of bad-smelling drugs by preemptively contacting suppliers and advising them on safer ways to store the medication they send them. Drug companies are heavily regulated by the FDA for consumer protection. In addition to facing government regulation, drug makers can also be held accountable for drug defects in court. Any breach of the design, manufacturing, storing, marketing and sale guidelines that leads to a personal injury can expose a drug maker to product liability lawsuits. Source: Los Angeles Times, “ Odd odor prompts drug recall – again,” Marissa Cevallos, 4/15/2011

Last week, a frightening truck accident on the Bay Bridge claimed the life of a 70-year-old Maryland man. Harry Blauvelt was a long-time golf writer for USA Today before retiring to Chester, Maryland. Like many residents on Kent Island, he was dependent on the Bay Bridge and had expressed concerns over the safety of bridge. Seven years ago, Blauvelt spoke out about the dangerous conditions on the bridge at a Kent Island community meeting. He greatly feared the two-way traffic on the narrow bridge and he had referred to its lanes as “suicide lanes.” Last week, after dropping his dog off at canine daycare like he had done so often before, he was driving back to Kent Island on the Bay Bridge in his Honda Accord. His Honda stalled next to a closed lane on the eastbound side of the bridge. This left traffic behind him blocked. When his car stalled, he exited his vehicle and he was standing in front of it when a truck crashed into the back of his Accord. His accord flew forward, striking Blauvelt. The impact sent Blauvelt over the bridge wall and down 50 feet into Chesapeake Bay. Maryland Transportation Authority Police pulled Blauvelt from the water and he was rushed to Anne Arundel Medical Center. He was pronounced dead at the hospital. According to a Maryland Transportation Authority Police spokesman, the leftmost lane on the eastbound span of the Bay Bridge was shut down for maintenance at the time of the fatal accident. The spokesman said it is too soon to know if the driver of the truck will face any criminal charges and that an investigation into the crash is ongoing. Source: The Capital, “Bridge victim outspoken about spans’ dangers,” E.B. Ferguson III, 4/21/2011

Despite improvements in workplace safety, workplace accidents continue to be a serious concern in Maryland and across the country. On average, four million Americans are injured on the job each year and over 500 people are killed in workplace accidents. Lapses in safety and a lack of safe procedures, especially in situations involving heavy equipment and machinery, are among the most common causes of serious injury and death in the workplace. Accidental workplace deaths are almost always preventable. On April 13, a young worker was tragically killed in a workplace accident near Hagerstown, Maryland. He has been identified as a contract worker with the Purina Company. The 25-year-old man died when he fell while he was clearing a machine at Purina Mills. According to the Washington County Sheriff’s office, the man fell into a “feeder line” at the plant, located at 11671 Hopewell Road. Emergency personnel responded to the incident around 4:30 p.m. The Maryland Occupational Safety and Health Division and the sheriff’s department are investigating the accident, according to a sheriff’s office investigator. Purina Mills, a major supplier of pet food, is known for its Purina Puppy Chow and other pet food products. A spokesperson from Purina stated that the cause of this workplace accident is being investigated by the Purina Company as well as authorities. According to the accident victim’s Facebook page, he was the president and CEO of his own firewood company. He was also a student, studying business administration at Kaplan University. Source: PublicOpinionOnline.com, “Mercersburg area man killed at Maryland Purina plant,” 4/14/2011