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Fatigue - A Factor in Workplace Negligence & Vehicle Accidents

March 24, 2017 | Category: Automobile Accidents, Personal Injury | Share

Many workplace and vehicle accidents are avoidable when employees are focused, alert and engaged. Obtaining sufficient quality sleep is important to operating at full capacity. 

According to the National Safety Council (NSC) in “You’re More Than Tired; You’re Deadly”

  • More than 37 percent of workers are sleep-deprived.
  • Those most at risk work the night shift, long shifts or irregular shifts.
  • Safety performance decreases as employees become tired.
  • Fatigued worker productivity costs employers $1,200 to $3,100 per employee annually. 

Disastrous accidents related to fatigue 

Some of the most devastating human and environmental health disasters have been partially attributed to fatigue, sleep loss, and night shift work-related performance failures, including the tragedy at the Union Carbide chemical plant in Bhopal, India; the nuclear reactor meltdowns at Three Mile Island and Chernobyl, and the grounding of the Exxon Valdez oil tanker, according to the Sleep Foundation. 

How sleep deprivation affects workers 

EHS Today, which helps business and service sectors be informed about trends, management strategies, regulatory news and new products to provide Fatigue - A Factor in Workplace Negligence & Vehicle Accidents - Spivey Law Firm, Personal Injury Attorneys, P.A.safe and healthy work sites, outlined 10 factors in how sleep deprivation affects workers: 

  1. Decreased communication
  2. Performance deteriorates
  3. Increased risk of being distracted
  4. Driving impairments
  5. Increased number of errors
  6. Poor cognitive assimilation and memory
  7. Greater risk-taking behavior
  8. Inability to make necessary adjustments
  9. Effects of sleep deprivation compounds
  10. Irregular shift work linked to fatigue 

The human body’s biological clock is hard-wired to sleep during the night and be awake during the day, according to the CDC (Centers for Disease Control). However, that does not always happen. Healthcare providers, public safety, utility workers, food services, manufacturing, transportation and others often work long and different hours. 

Healthcare providers - A study by the joint Commission on Accreditation of Healthcare Organizations found that nurses and physician residents in training work shifts greater than 12 hours. 

Long-haul vehicle drivers - Nearly 4,000 people die in large truck crashes each year, and driver fatigue is a leading factor, according to the Federal Motor Carrier Safety Administration (FMCSA). Truck drivers tend to work long, monotonous hours and prefer to drive late at night; therefore, fatigue and drowsiness can easily set in. Fatigued drivers often have a difficult time perceiving and processing information. Driver fatigue can also lead to reduced attention to the road as well as slower reaction rates, says the FMCSA. 

What is being done to reduce fatigue? 

One way workplace fatigue is being handled is the example of Caterpillar Safety Services (CSS). CSS created the Cat Smartband, a wearable device that monitors a worker to see whether he/she is suffering from lack of sleep and the fatigue he/she is feeling because of it. CSS believes that the benefit of the Smartband is to help reduce the risk of fatigue-related accidents on a construction site. It can help workers gauge their alertness levels as well as help their employers design a better schedule, especially for shift workers. 

What are the legal implications of on-the-job fatigue? 

Fatigue-related accidents can happen in the workplace or on our roads. The ramifications, therefore, are not just felt by employees and employers but the public who may be the victim of fatigue-related vehicle accidents, workplace accidents or industrial accidents. 

“Determining whether an accident is caused by fatigue on the part of the negligent person or company is just one of the areas we at Spivey Law Firm, Personal Injury Attorneys, P.A. may investigate when assisting our clients. Please contact our Fort Myers Accident Law Firm to review your potential case,” said Attorney Randall Spivey. 

 

Fort Myers Accident Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

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