Text For Citation: 02 Item/Group: 003A Hazard: LIFTING

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that the medical management practice of placing employees in work activities contrary to physicians restrictions and accepted medical practice exposed employees to increased risk of aggravation and serious physical injury. 1) Instances in which employees were under physicians work restrictions and were placed in work positions not compatible with restrictions likely to cause further serious physical harm: a) An employee, #04101289, who had been diagnosed on 11/18/88 with acute tendonitis in the right wrist, was given a physician's work restriction on 3/29/89 to gradually work back into full production. However, the employee was returned to the line at full production using scissors to trim filet meat on 3/30 and 3/31/89; which was not comptabible with physician's recommendation and was likely to aggravate employee's condition. $10,000.00 b) An employee, #07100689, who had surgery of the left hand for CTD on July 10, 1989, was returned to work as a thigh bagger on July 11, 1989. The physician recommended a work restriction to not use left hand and keep it in a sling. Employee was placed on regular assigned job requiring use of both hands. Return to work assignment was not compatible with physician's recommendations and was likely to aggravate employee's condition. $10,000.00 c) An employee, #07100488, was placed in an inappropriate job in July 1988 in that while having a cast on the right arm prior to surgery the employee was placed on a job pushing "big toms" requiring the use of both hands which was not compatible with the physician's recommendations and was likely to aggravate the employee's condition. $10,000.00 d) An employee, #06100786, was placed in an inappropriate job in that after having been placed by a physician on light duty work for the left arm in June 1986, the employee was rotated to other production jobs requiring the use of both arms. Return to work assignment was not compatible with physician's recommendations and was likely to cause further injury to employees arm. $10,000.00 e) An employee, #06100786, was placed in an inappropriate job in that after having undergone an arthroscopy on May 22, 1987 with restrictions of light duty, the employee was placed on netting and giblet table jobs which required the employee to use both arms pushing birds and lifting 40 pound boxes respectively. Return to work assignment was not compatible with physician recommendation and was likely to aggravate the employee's injury. $10,000.00 f) An employee, #06100786, was placed in an inappropriate work restricted job in that after having been referred to a physician on April 5, 1989 where the employee was diagnosed with CTD and placed on light duty; the employee was advised by the nurse to remain on regular duty as a relief person. This involved several several working positions on the production line requiring the use of both hands. The work assignment was not compatible with physician recommendation and was likely to aggravate the employee's injury $10,000.00 g) An employee, #08100189, was placed in an inappropriate job in that having been diagnosed by a physician as having CTD in July 1989 and being placed on work restriction, the employee was placed on the full duty position, filet pull, requiring the use of both hands. Work assignment was contrary to the physician's recommendation and was likely to aggravate employee's condition. $10,000.00 h) An employee, #04101289, who had surgery on April 4, 1989 for a CTD of the right wrist was given an initial physician's restriction from lifting using the right hand and from allowing the wound to become wet. However, the right handed employee was put on the line and required to record weights of bagged meat with no initial instruction from the supervisor or superintendent to not use the right hand. On June 7, 1989 the employee was further restricted by the physician "to begin doing normal duties at work and to work into regular duty gradully". However, the employee was put back to work in June 1989 as a full production scaler and on at least one occasion had to lift a box weighing approximately 40 pounds. The work assignment was not compatible withphysician's work recommendation and was likely to aggravate employee's condition $10,000.00 i) An employee, #08100189, was placed in an inappropriate work restricted job in that after having had left wrist surgery on August 3, 1989. The employee was sent back to work the following Monday folding boxes and putting liners in them requiring the use of both hands which was against the physician's recommended work restriction. Physician's recommendation was not compatible with work employee was doing, thus could result in the employee further aggravating his condition. $10,000.00 j) An employee, #08101089, was placed in an inappropriate work restricted job in that after having been placed on right arm restriction by a physician in June 1989, the employee rotated between "light duty" and regular duty until surgery on August 23, 1989. Employee was placed on job requiring use of both hands. Work assignment was not compatible with physician's recommendation and was likely to aggravate employee's condition and resulting in serious illnesses, $10,000.00 k) An employee, #08101189, with severe pain in both wrists that was initially reported to the nurse on May 5, 1988 could not do his assigned job anymore. He was placed in an inappropriate work restricted job in that after having been placed on "light duty" restriction by a physician on August 9, 1989. The employee was told by the superintendent that no light duty jobs were available and was placed at a bagfolding job requiring two hands. When employee was unable to fold bags, the employee labelled boxes until August 22, 1989 and then went on Worker's Compensation. Employee was required to perform work on regular assigned job requiring the use of both hands. Return to work assignment was contrary to physician's recommendation and was likely to aggravate employee's condition. On August 30, 1989 the employee had bilateral surgery on right and left hands. $10,000.00 l) An employee, #07100289, with severe pain and swelling on both wrists since July 24, 1989 when initially reported to the nurse was placed in an inappropriate work restricted job in that after being told by physician to do "absolutely nothing" was returned to work because of employer policy. On August 14, 1989 the employee was given a job to label boxes which led to inability to perform and continued discomfort. On August 21, 1989, a second physician stated that the employee "had to be off work", that rest might reverse the illness, but the employee had right hand surgery for CTD on October 4, 1989 and left hand surgery is pending as of October 6, 1989. Physician recommended employee to do no work. Employee was placed on work requiring the use of both hands. Return to work assignment was not compatible with physician recommendation and was likely to cause further aggravation of employees condition. $10,000.00