Inspection Detail

Inspection: 126084151 - Csula

Inspection Information - Office: Long Beach District Office

Investigation Summary

On March 31, 2001, Employee #1 was a custodian whose work duty includes cleaning, sweeping, polishing lavatory floors, and safe guarding the building, among other duties. Employee #1 reported on April 9, 2001 that he had injured his back while picking up burma shaves or trash bins and loading them into the back of a pickup truck. According to the employer's record, the chronology of this event can be described as follows. On March 31, 2001, the alleged injury occurred, but on the accident report form a foot injury was recorded, caused by unloading tables and chairs off a cart, and the cart rolled over Employee #1's right foot. The lead person, who had worked with Employee #1 was not informed of any back injury. Employee #1 called in stating he was not going to be in and was going to the doctor for an unrelated foot injury. At this time there was still no mention of the back injury. On April 9, 2001, Employee #1 returned to work and informed the lead custodian that he had hurt his back on March 31, 2001. On June 9, 2001, Employee #1 called the paramedics from his home and was transported to Kaiser Sunset Hospital. On June 13, 2001, the employer received notice from Ward North America, a third-party health care administrator, that emergency surgery to perform a back infusion for an infection in his back and a mass was found. A second surgery was later performed on June 14, 2001. A coworker who was working with Employee #1 on the day of the accident told the compliance officer that they were loading about 8 burma shaves from all over the school campus, and he stated that Employee #1 did not complain or reveal any signs of back pain. Two other coworkers were also interviewed and revealed they both have received proper training on lifting heavy objects. It appears to the compliance officer that the alleged work related injury may have aggravated a preexisting condition, according to the medical records the employer provided, which might have played a significant role in the hospitalization. It was determined the back infusion was required due to a significant deterioration of the back over a long period of time. The issue would be unrelated to the alleged lifting of the burma shaves, which weighted about 20 pounds each. Employee #1 had received training classes on correct lifting techniques for a healthy back and was also trained on how to report a work related injury according to the records the employer provided. Cal/OSHA has determined that the alleged injury caused by the lifting of burma shaves lacked merit and concrete evidence.

Keywords: BACK, PICKUP TRUCK, SPRAIN