Deliberate Intent Accident (3)

Case Description/Summary:   

A journeyman electrician was injured by a powder actuated tool at a construction job site. According to the testimony of the injured party, he was using the Hilti gun when the fire pin jammed.  The journeyman electrician was working the action back and forth when the gun fired and caused a puncture wound on his left hand.

Expert Analysis/Summary:

A safety and human factors analysis included a review of all relevant depositions and other discovery documents, reports, training records, photographs, etc. In addition, a review of relevant research materials, codes, and standards related to acceptable workplace safety practices and standards was performed.  Specifically, SPA, LLC was asked to determine if the practices utilized by the journeyman’s employer for safety policy and practices related to the safe use of the subject powder actuated tool were reasonable and in compliance with industry standards and practices and whether the journeyman electrician’s failure to follow the training that he received relative to the specific powder actuated tool caused or contributed to the accident event.

Based upon the review and analysis by SPA, LLC, it was determined that the individual’s employer met their duties regarding training and proper supervision (including utilizing the assistance of an outside safety and health consulting firm), and that the employee failed to follow the safety practices provided to him by the employer and the powder actuated tool manufacturer.

Results:    Case Settled.

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