Ohio Paperboard v. Industrial Commission of Ohio

OP receives bales of recycled paper bound with wire, which are loaded onto a conveyor for transport into a pulper. An overhead saw cuts the wire. Most wires end up in the pulper, but some get wrapped around the conveyor's shafts and gears. For routine maintenance, the conveyor operator, who worked inside a control shack, switched the machine to maintenance mode. Ruckman and Horvath began following the company’s required lock-out/tag-out procedures and shut down the machine. They removed a guard to remove wires from chains and sprockets. After Horvath left the area, Ruckman, trying to remove wires that were stuck, unlocked and activated the conveyor and reached in. His hand was pulled into the machine. Ruckman was unable to reach the emergency-stop button. Ruckman’s workers’ compensation claim was allowed for left-hand amputation and replantation, major depressive disorder, and total loss of use of the hand. He obtained an additional award for violation of a specific safety requirement (VSSR), alleging that OP had violated regulations that require guards and emergency-shut-off buttons on power-driven conveyors. The Supreme Court of Ohio reversed. OP provided an emergency-stop button within reach of the operator and guards around pinch points during normal operations. When the machine was undergoing maintenance, OP required that the conveyor be shut down and locked. Rules intended to protect the employees while the conveyor is operating do not apply during maintenance when there is no power. Ruckman's violation of safety protocol was the proximate cause of his injury; only acts within the employer’s control can be the basis for a VSSR. View "Ohio Paperboard v. Industrial Commission of Ohio" on Justia Law