Department of Water Resources in Hot Water over Workplace Safety Violations

All employers in California have the duty to keep their workplace safe for their employees and they are also required to have worker training, workplace inspections, and procedures for correcting unsafe conditions to prevent workplace injuries.

The California Occupational Safety and Health Administration recently fined the state Department of Water Resources (DWR) $141,000 for serious safety violations.

An accident at Oroville Dam last year which injured 5 workers, one of whom was seriously injured, was allegedly caused by the lack of an energy dispersion ring which put the workers at risk of death and drowning when they opened the massive river outlet gates inside the dam for testing.

An employee broke a leg, an arm and suffered head trauma. Two employees barely escaped drowning by clinging to the damaged railing.

The department was further found in hot water when the OHSA claimed that it was also negligent in the maintenance of equipment in the valve room and that it failed to inform the workers of new safety procedures.

Officials of California’s second-largest water storage reservoir however contest the California OHSA’s finding and said that the dam was never at risk for failure.

The penalties imposed by the OHSA however, will not do anything to help or even alleviate the injuries suffered by the workers.

The five employees injured in the dam accident may rightfully file for worker’s compensation and enjoy the following benefits:

• Paid medical care
• Temporary disability benefits in case of loss wages because the injury prevents you from doing your usual job
• Permanent disability benefits in the event of disabling injuries the worker will not recover from
• Supplemental job displacement benefits or payment for retraining or skill enhancement if recovery from injury is impossible. Take note however that this is only applicable if the worker was injured from 2004 onwards.
• Vocational rehabilitation such as job placement counseling but this is only applicable if the injury occurred before 2004.
• Death benefits will also be provided to spouse, children or dependents of an employee who died because of a job-related injury or illness.

While receiving worker’s compensation benefits may seem like a good idea, bear in mind that it would also surrender the employee’s right to sue the employer for the injury. Thus, even if the employer was grossly negligent, if the employee opts to receive worker’s compensation, he has no recourse against the employer for further compensatory damages.

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