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According to the National Bureau of Labor Statistics in 2004 the most frequent causes of workplace deaths was:

1. Highway Crashes: 121
2. Falls: 58
3. Hit by object: 49
4. Homicide: 37

You cant prevent the inevitable but you can definately decrease the chances of slips, trips and fall and the lawsuits they bring by taking a proactive approach to preventing accidents before they occur.

Reprinted from: National Center for Injury Prevention and Control

The Costs of Fall Injuries Among Older Adults

The Problem Falls are a serious public health problem among older adults. More than a third of adults aged 65 years or older fall each year (Hornbrook 1994; Hausdorff 2001).

Older adults are hospitalized for fall-related injuries five times more often than they are for injuries from other causes (Alexander 1992). Of those who fall, 20% to 30% suffer moderate to severe injuries that reduce mobility and independence, and increase the risk of premature death (Alexander 1992).

Calculating Cost Estimates The cost of fall-related injuries is often expressed in terms of direct costs. Direct costs include out-of-pocket expenses and charges paid by insurance companies for the treatment of fall-related injuries. These include costs and fees associated with hospital and nursing home care, physician and other professional services, rehabilitation, community-based services, the use of medical equipment, prescription drugs, local rehabilitation, home modifications, and insurance administration (Englander 1996).

Direct costs do not account for the long-term consequences of these injuries, such as disability, decreased productivity, or reduced quality of life.

The Costs of Fall-Related Injuries A recent study of people aged 72 and older found that the average health care cost of a fall injury was $19,440 (including hospital, nursing home, emergency room, and home health care, but not physician services)(Rizzo 1998).

The total cost of all fall injuries for people age 65 or older in 1994 was $20.2 billion (Englander 1996). By 2020, the cost of fall injuries is expected to reach $32.4 billion (before adjusting for inflation) (Englander 1996). Fall-related Fractures

The most common fall-related injuries are osteoporotic fractures. These are fractures of the hip, spine, or forearm. In the United States in 1986, the direct medical costs for osteoporotic fractures were $5.15 billion. By 1989, these costs exceeded $6 billion (Norris 1992).

A study published in 1994 estimated that total direct medical costs for osteoporotic fractures among postmenopausal women in the next 10 years would be more than $45.2 billion (Chrischilles 1994). Hip Fractures Of all fall-related fractures, hip fractures are the most serious and lead to the greatest number of health problems and deaths.

In the United States, hospitalization accounts for 44% of direct health care costs for hip fracture patients (Barrett-Connor 1995). In 1991, Medicare costs for this injury were estimated to be $2.9 billion (CDC 1996). Hospital admissions for hip fractures among people over age 65 have steadily increased, from 230,000 admissions in 1988 to 338,000 admissions in 1999 (Popovic 2001). The number of hip fractures is expected to exceed 500,000 by the year 2040 (Cooper 1992; Brainsky 1997). Assuming 5% inflation and the growing number of hip fractures, the total annual cost of these injuries is projected to reach $240 billion by the year 2040 (Schneider 1990). References Alexander BH, Rivara FP, Wolf ME.

The cost and frequency of hospitalization for fall-related injuries in older adults. American Journal of Public Health 1992;82(7):1020–3. Barrett?Connor, Elizabeth. The economic and human costs of osteoporotic fracture. American Journal of Medicine 1995;98 (suppl 2A):2A–3S to 2A–8S. Brainsky GA, Lydick E, Epstein R, Fox KM, Hawkes W, Kashner TM, et al. The economic cost of hip fractures in community-dwelling older adults: a prospective study. Journal of the American Geriatrics Society 1997;45:281–7. CDC.

Incidence and costs to Medicare of fractures among Medicare beneficiaries aged >65 years--United States, July 1991–June 1992. MMWR 1996;45(41):877–83. Chrischilles E, Shireman T, Wallace R. Costs and health effects of osteoporotic fractures. Bone 1994;15(4):377–86. Cooper C, Campion G, Melton LJ III. Hip fractures in the elderly: a world-wide projection. Osteoporosis International 1992;2:285–9. Englander F, Hodson TJ, Terregrossa RA. Economic dimensions of slip and fall injuries.

Journal of Forensic Science 1996;41(5):733–46. Hausdorff JM, Rios DA, Edelber HK. Gait variability and fall risk in community-living older adults: a 1-year prospective study. Archives of Physical Medicine and Rehabilitation 2001;82(8):1050–6. Hornbrook MC, Stevens VJ, Wingfield DJ, Hollis JF, Greenlick MR, Ory MG. Preventing falls among community-dwelling older persons: results from a randomized trial. The Gerontologist 1994;34(1):16–23. Norris RJ. Medical costs of osteoporosis. Bone 1992;13:S11–6. Popovic JR. 1999 National Hospital Discharge Survey: annual summary with detailed diagnosis and procedure data. National Center for Health Statistics. Vital Health Statistics 2001;13(151):154. Rizzo JA, Friedkin R, Williams CS, Nabors J, Acampora D, Tinetti ME. Health care utilization and costs in a Medicare population by fall status. Medical Care 1998;36(8): 1174–88. Schneider EL, Guralnick JM. The aging of America: impact on health care costs. Journal of the American Geriatrics Society 1990;263(17):2335–40.

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Reprinted from: National Safety Council A Membership Organization Dedicated to Protecting Life and Promoting Health 1121 Spring Lake Drive, Itasca, IL 60143-3201 Tel: (630) 285-1121; Fax: (630) 285-1315 http://www.nsc.org/issues/ifalls/falproof.htm

Preventing Slips and Falls in the Home

In 1998, falls in the home and community caused or led to 15,900 deaths. All age groups are vulnerable (see our fact sheet on Keeping Kids Safe From Home Falls also), but older adults are most at risk. In fact 80% of those receiving fatal injury are over the age of 65. Falls continue to be the major reason for injury-related death, injury and hospital admission for older adults.

Follow these tips to prevent slips and falls in your home:

Keep the floor clear. Reduce clutter and safely tuck telephone and electrical cords out of walkways. Keep the floor clean. Clean up grease, water and other liquids immediately. Don't wax floors. Use non-skid throw rugs to reduce your chance of slipping on linoleum. Install handrails in stairways. Have grab bars in the bathroom (by toilets and in tub/shower.) Make sure living areas are well lit. We can all trip and fall in the dark. Be aware that climbing and reaching high places will increase your chance of a fall. Use a sturdy step stool with hand rails when these tasks are necessary. Follow medication dosages closely. Using medication incorrectly may lead to dizziness, weakness and other side effects. These can all lead to a dangerous fall.

Falls on the Farmstead

Falls are the most common accidents in agriculture, yet they are perhaps the most difficult to guard against. Falls often result in serious injuries that require hospital emergency room treatment or untimely death. The best weapon against unintentional falls is staying alert. Your chances of falling are increased by haste, fatigue, emotional upset, illness, alcohol and drugs. To combat injuries due to falls, the National Safety Council recommends the following measures for the farmstead.

Keep all stairs, floors and working surfaces in good repair and as free as possible of mud, manure or snow. Use de-icers on outside stairs, walks or entrances, etc. Provide sturdy hand rails where needed. Every stairway should have one. Keep your workshop and other working areas clean and free of slipping and tripping hazards. Good housekeeping is a fall prevention management tool. Keep ladders in good condition. Use the 4 to 1 rule for straight ladders, setting the base one-foot out from a wall or building for every four foot up. Wear shoes or boots with non-skid soles and heels. Provide plenty of light so you can see what you are doing and where you are going. Do not work in a high place when the weather is windy, stormy or when you are ill, tired or taking strong medications.

Inspection:
Are work areas cluttered? Are floors and working surface in need of repair? Are surfaces slippery from ice, mud, snow, manure, oil or other chemical spills? Are ladders in good repair or do they need to be replaced? Do stairways have handrails? Do work areas have enough light? Do shoes or boots have good non-slip soles? (Information supplied by the National Safety Council's Agricultural Division.)

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Falls Pose a Serious Threat to the Elderly by Klaus Klein, Dr.Sc. and Dale O. Ritzel, Ph.D.

Falls have come to be recognized as a major threat to the safety, health and independence of elderly persons. Awareness of various factors associated with falls in elderly persons and an understanding of some of the methods of preventing falls can help safety professionals in making appropriate decisions about necessary interventions.

With the growth of the elderly population throughout the world has come a concern for the well-being of this age group. The elderly are increasing faster than any other age group and are particularly vulnerable to many social and health problems. A serious threat to the older population is loss of mobility. In spite of the medical problems associated with aging, older people still want to live fruitful lives. Good health, independence and the opportunity to live more productive lives are essential ingredients affecting the general well-being of the elderly.

The National Safety Council reports that during 1998, "falls" were the second leading cause of unintentional death. Falls are the second leading cause of injury death for ages 55-79, but become even more prevalent for individuals over the age of 80. When all those age 65 and older are combined, falls account for 50 percent of all injury deaths.

There has been much research to try to determine what causes the elderly to suffer falls. One thread that seems to run through many of the studies is that mobility problems and poor health status are strongly related to the frequency of falls. Research also tends to show that environmental hazards are a contributory factor. In order to help the elderly reduce the possibility of falling, the health-care professional must consider the factors related to the person and the environment.

Listed below are the steps that can be taken to prevent falls in institutions, while fostering residents' autonomy and independence.
Identify residents who are at high risk of falling: those of advanced age with multiple pathologies, those on multiple medications, and those with intellectual impairments. The high-risk profile may differ somewhat from institution to institution. Analyze staffing patterns to assure that adequate nursing staff is available to provide close observation of high-risk residents and to respond promptly to call lights (Kalchthaler, Bascon & Quintos, 1978; Swartzbeck, 1983). Make certain call lights are within residents' reach at all times. Closely monitor residents during the first few weeks of residence and when they are moved to new units (Hogue, 1982; Lund & Sheafor, 1985). Resident or volunteer companion programs and the presence of family members could be helpful during these periods. Closely monitor residents during acute illnesses, such as pneumonia. These are high-risk times for falling (Tinetti, Williams & Mayewski, 1986; Morris & Isaacs, 1980). Closely monitor residents during the post-fall period when the risk for another fall is thought to be high. Sensitize staff to recognize changes in physical vigor and weight that may signal silent changes in health status, which are a prelude to falls (Brody, Farmer & White, 1984; Wells, Middleton, Lawrence & Lillard, 1985). Monitor the medications taken by elderly residents. Make efforts to reduce the use of sedatives and tranquilizers in particular (Rane-Szostak & Blandford, 1984; Swartzbeck, 1983; Wells, Middleton, Lawrence & Lillard, 1985). Dress residents in their own clothing; do not permit them to walk about in long gowns and robes and loose-fitting slippers. Ensure a barrier-free environment as far as is possible. Remove carts promptly and leave hallways uncluttered. Quickly eliminate environmental hazards, such as spills, malfunctioning wheelchairs and the like.

Several strategies aimed at reducing known risk factors appear promising and, in fact, are being implemented on a limited basis in different parts of the world, albeit without any rigorous testing to document specific outcomes in the elderly.

They include the following programs and research:

Multi-disciplinary geriatric assessment of older people at risk for falling, to identify and ameliorate possible risk factors. Careful assessment and monitoring of medication use by the elderly (particularly drug-alcohol interactions) to help reduce falls and hip fractures. Exercise programs to improve gait, balance and muscle mass. Public and professional education to identify home hazards and stimulate activities that will elicit appropriate behaviors. Environmental modification of the living quarters of elderly persons consistent with universal design philosophy (with attention to floor surfaces, lighting, bathrooms, stairs, traffic patterns, and accessibility) to reduce or eliminate hazards. Close monitoring of elderly persons during the first few weeks of institutionalization and when they are moved to new units. The heterogeneity of the elderly population requires that we develop interventions for preventing injuries in relatively healthy people, as well as for reducing injuries and their consequences in very frail, functionally disabled populations. Although chronic conditions are the major cause of death and disability among the elderly, acute conditions and injuries remain an important factor in their illness and death.

For a number of reasons, older people are more likely to suffer from injuries and infections than other age groups. The factors that place elders at higher risk of disability from injuries are age-associated physiological decrements and drug side effects.

Because so many factors can contribute to an injury, health-care professionals should conduct a thorough assessment to prevent further injuries and to deal with underlying conditions. Injury control and prevention programs can be effective in reducing injury susceptibility among elders.

(These comments originally appeared in the March/April 2000 issue of the NSC Research & Resources Newsletter.)

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Keeping Kids Safe From Home Falls

A home may represent a haven of safety and security. But for young children, it can be also a minefield of potentially dangerous falls.

The following tips from the National Safety Council will help make your home free of fall hazards. Falls from furniture Don't leave babies alone on beds, changing tables, or sofas. Always strap children into highchairs and strollers. Falls from heights Don't let children play alone on fire escapes, high porches or balconies. Slips and falls from floor surfaces Secure area rugs. Especially on wood, ceramic tile or linoleum floors, area rugs can cause anyone to slip up. Secure them with a piece of foam carpet backing, double-sided tape or a rubber pad, available at many carpet and department stores. Falls on the stairs Keep stairs clear. Kids must spend as much time running up and down stairs as they do going in and out the back door. As it is, stairs figure in a large percentage of home falls. Combine a child's boundless, yet reckless, energy with a staircase full of junk, and you could end up taking an emergency trip to the hospital. Use safety gates if there are infants and toddlers in your home. At the top of the stairs, attach the gate to a wall. Avoid accordion gates with large openings -- a child's neck can get trapped. Window falls Be aware of the danger of falls from windows by unsupervised young children. Keep your windows closed and locked when children are around. When opening windows for ventilation, open windows that a child cannot reach. Set and enforce rules about keeping children's play away from windows or patio doors. Falling through the glass can be fatal or cause serious injury. Keep furniture - or anything children can climb - away from windows. Children may use such objects as a climbing aid. Never depend on an insect screen to keep your child from falling out of the window. Screens are intended to keep insects out, not children in. Unguarded windows opened only five inches pose a danger to children under ten. In some cities, landlords are required by law to place window guards in apartments where children live; such guards prevent windows from being opened wide enough for a child to crawl through.

Be sure to check with your local fire department and building code official to make sure guards or security bars comply with all applicable requirements. In the bathroom Always use a rubber mat or slip resistant stickers in the tub. Never leave a child unattended in the tub. Should they slip and fall, they may be unable to cry for help.

Dangers that are obvious to adults are not necessarily that apparent to children. They need extra guidance and an ever-vigilant eye. By following these simple suggestions, you help make your home a safer and more secure place for everyone.

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When Slips Get Serious: The Basics on Fall-Proofing Your Home by Sharon Lewis

Dolores Alford from Dallas knows more than most about preventing falls in the home. In addition to being a registered nurse and a gerontic nursing consultant who evaluates businesses for falling hazards, she also watches over her ailing husband. “He has cancer, and this has affected his balance,” she says.

To reduce the chances of a tumble, Alford has been very careful to reduce or eliminate clutter, slippery surfaces, and glass tables with unprotected edges along her husband’s pathways. And there are cordless phones everywhere in case her husband falls when he’s alone. “Preventing falls is all about being conscious of your surroundings,” Alford insists. Her concern is valid considering 41 percent of fall-related deaths occur in the home, according to the National Center for Health Statistics.

Falls can trip up people of all ages, but according to the American Academy of Orthopaedic Surgeons, most falls happen in the home to people age 65 and older during everyday activities. Eight out of 10 of those killed by falls are over age 65, and falls are the leading cause of injury-related death among the very elderly, those over age 80. Falls are also the leading cause of injury and hospital admission for older adults.

Start at the front—door, that is The best place to start fall-proofing your home is at the front door. “My husband can’t even visit his niece and nephew because there are no handrails on the steps to the front door,” says Alford. However, even with handrails on both sides of your steps, you will still have people tumbling into your home if there’s no contrast where your door jamb meets the floor. Vary the colors and textures on the floor to help accentuate height differences and level changes.

Make a living room livable Although bell bottoms and other ‘70s fashions are back in style, “shag carpeting and rugs have got to go!” says Alford. And while the thought of having shag carpeting in a house may turn some decorator’s stomachs, it may also increase the chances of a fall. Shag carpeting can cause falls by getting caught on shoes, toenails and walkers.

Remember these points when fall-proofing your living and family rooms: Glass tables are especially dangerous. You may receive further injuries if you fall onto one and the glass shatters, says Alford. Your best bet: sturdy wooden tables with rounded corners. Arrange furniture to provide open pathways. Keep electrical and telephone cords out of walkways. Remove hazards. Harmless-looking items like a child’s crayon or a magazine on the floor can easily cause a fall. Wipe away water Kathleen Misovic understands the importance of cleaning up spills. When she was 17, she took a terrifying tumble that resulted in three stitches on the back of her head. She stepped into a seemingly harmless puddle of water on the basement floor near a shower. In an instant, her feet flew out from underneath her and she hit her head. “The worst thing about it was that I couldn’t wash my hair for 5 days because of the stitches,” says Misovic of Westmont, IL.

Wet surfaces may not appear dangerous until you step on them—and then it’s too late. Heed these tips to stay safe in your kitchen and bathrooms:
Clean up grease, water and other liquids immediately. Don’t wax floors. Avoid climbing and reaching to high cabinets or shelves, or use a sturdy step stool with handrails. Always keep a night-light on in your bathroom. Use bathroom rugs with nonskid backing. Install grab bars by toilets and in the shower and tub. Vary the colors in your bathroom. Having a white tub, white toilet and white walls is a big safety hazard, according to Alford. “If everything is one color, add bright decals and even red tape so older adults can see where the edges are.” Be sure shower stalls have code standard shatterproof glass. Danger! Keep off the ice Dusti Keller is an energetic 71-year-old grandmother from Parma, Ohio, who is independent and lives alone. She even continues her professional dance career by teaching dance classes.

It was a definite surprise to her family when Keller slipped on some ice last winter on the way to the mailbox and broke her hip. However, 90 percent of the 300,000 hip fractures treated annually in the U.S. occur from falls, according to the AAOS.

Keller was in the hospital for three days following surgery to insert rods and screws into her hip. “She’s made a remarkable recovery,” says her daughter-in-law Michelle Hovanek. But many older adults aren’t so lucky. The National Osteoporosis Foundation reports that there are approximately 35,700 deaths each year from complications from hip fractures. Surprisingly, 24 percent of all people suffering from a hip fracture die within a year of the fall. Another 50 percent never return to their prior level of mobility or independence.

Don't let clutter accumulate “Older adults are great at being pack rats,” says Virginia Burggraf, a member of the board of directors for the National Gerontological Nurses Association. Children or friends of aging adults can help prevent falls by safely packing away or storing excess furniture or knickknacks.

In addition, older adults who are depressed, ill or lonely may not clean their home as frequently and may let clutter pile up, says Burggraf. Interaction with others helps keep people physically and mentally fit.

Dr. William Abraham, an orthopedic surgeon with Tri Rivers Surgical Associates in Pittsburgh, agrees that being active helps keep your joints limber, possibly reducing falls. Abraham suggests involving older adults in your activities whenever possible. “Involve them in your life,” he says. “You can say, ‘We’re going out today and we’re going to bring you along.’”

Kids can cause a tumble What do pets, kids and leaves have in common? They all have the potential to cause a frightening fall. “When leaves get wet, they’re like walking on a banana peel!” says Alford.

And kids and pets alike can frequently trip up a person. “We encourage older adults to have pets, but they must be disciplined not to jump on you,” says Alford. “And children can grab your leg and easily knock you off balance.” Visiting children may also leave toys scattered increasing the chance of an adult’s fall. When grandchildren visit, be sure they pitch in and put toys away.

Take a step in the right direction “Most falls occur from tripping over misplaced items, falling on slippery floors, or factors related to osteoporosis,” says Burggraf. And like it or not, as we age, changes in our vision, hearing, muscle coordination and reflexes make us more likely to fall.

Laura Wilkinson’s grandmother, 82, lost her balance while standing on a ladder picking apples. She fell, hit her head and suffered a permanent brain injury. She can no longer walk or talk. “She was active and full of life before this tragedy happened,” says Wilkinson, a safety specialist with the National Safety Council.

“Falls can be prevented,” insists Burggraf. With a conscious effort, each of us can help make our home free from falls and safe from slips.

(This article originally appeared in the Fall 2000 issue of Family Safety & Health magazine.)

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Reprinted from HOME SAFETY COUNCIL: http://www.homesafetycouncil.org/press_release.asp?date=9/26/2002&ID=33

FOR IMMEDIATE RELEASE 9/26/2002
CONTACTS: Shannon McDaniel Brand Resources Group 678-996-2003
BATTLE OF THE SEXES:
BOTH LOSE IN HOME INJURIES WILKESBORO, N.C., Sept. 26, 2002

While women are more likely to seek medical attention due to an unintentional home injury, men are more likely to visit the morgue. According to the State of Home Safety in America™ report, men have a 70 percent higher death rate than females for unintentional home injuries. Collectively, both sexes lose.

Annually, unintentional injuries claim 1.7 million healthy life years. The first-of-its-kind study released today by the Home Safety Council and the University of North Carolina’s Injury Prevention Research Center (IPRC), found that of the nearly 20,000 unintentional fatalities that occurred in the home, males accounted for more than 60 percent of all injury deaths. Interestingly, males have a somewhat lower physician visit rate for unintentional home injuries; the rate for males is 2,679 visits per 100,000, and for females it is 4,106 per 100,000. “Falls by far continue to be the number one cause for unintentional death for both men and women and the number of fall deaths increases substantially with age,” said Dr. Carol Runyan, lead researcher and director of IPRC. “Home fall deaths rates are higher for males across every age group and highest among men older than 75.” Following are a few of the key gender findings from the report: The highest rates of poisoning deaths were among males 25-44 years. For fall injuries, females represented 61 percent of emergency department visits at more than 2.2 million. Home fall death rates are higher for males across every age group. Older adults, both men and women, experienced the highest rates of unintentional home injury death among all age groups, with persons older than 75 experiencing injury deaths at rates three to 10 times higher than people of younger age groups. At all age groups, except those 75 and older, males have a higher death rate from inhalation and suffocation than females. “Each year, there are 20 million emergency department and doctor office visits due to unintentional injuries in the home – injuries that could have been prevented through a combination of improved product safety education and consumer behavior,” said Michael L. Carius, MD, president of the American College of Emergency Physicians. The State of Home Safety in America report is the Home Safety Council’s statistical report of unintentional home injuries in the United States, including causes, costs and victims. The Home Safety Council worked in conjunction with the University of North Carolina Injury Prevention Research Center to create a comprehensive benchmark of the current status of home safety in the minds and homes of Americans. The report found falls to be the most common fatal home injury, followed by poisonings, fires, inhalations and suffocation and drowning. Resulting in nearly 20,000 fatalities annually, these injuries represent a total cost to society of nearly $380 billion each year.

The Home Safety Council is a not-for-profit organization dedicated solely to the prevention of and education about home injuries. Originally founded by Lowe's Home Improvement Warehouse in 1993, the Council is now an independent, 501c3 charitable organization with the mission to empower, educate and activate society to adopt better home safety practices to prevent injuries and save lives. For additional home safety information and free brochures, visit www.homesafetycouncil.org.

Leading Causes of Unintentional Home Injury Deaths for Males and Female Type of Injury

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STANDARD TO HELP REDUCE SLIPS AND FALLS DEVELOPED (January 23, 2002)
Michael J. Nowak (847) 768-3404 or mnowak@asse.org

Focusing on reducing slips and falls in the workplace, the American Society of Safety Engineers (ASSE) recently published a new American National Standard, A1264.2 Standard for the Provision of Slip Resistance on Walking/Working Surfaces.

According to the U.S. Department of Labor, 15 percent of accidental workplace deaths are caused by slips, trips and falls, second only to traffic crash fatalities. "This standard can help safety professionals reduce workplace slips and falls, providing basic guidelines for professionals to apply to their own workplace," said Keith Vidal, of St. Louis, MO, A1264.2 subcommittee Chair and ASSE member. "The A1264.2 standard is a useful tool in developing a slip/trip/fall prevention program or updating an existing one. This standard defines slip resistance in terms and aspects that were not covered in previous standards and that can be used by safety professionals in the work environment today." The American National Standard A1264.1-1995 Safety Requirements for Workplace Floor and Wall Openings, Stairs and Railing Systems as well as many regional model building codes, Occupational Safety and Health Administration (OSHA) regulations, and other American National Standards Institute (ANSI) standards use the term slip resistance. The A1264.2 standard was necessary to further define the term slip resistance and to establish common and accepted practices for providing reasonably safe walking and working surfaces. The standard was approved by ANSI July 2, 2001, with ASSE serving as secretariat for the A1264 Standards Committee. The A1264.2 explores surface characteristics, footwear traction properties and environmental factors of slip resistance to ensure a safer walking and working environment.

The standard explains floor characteristics, including the installation of mats and runners, controlling access to areas with a slippery environment and provided appropriate signage, footwear traction properties, such as a shoe's sole design to ensure slip resistance, housekeeping training and maintenance, surface testing equipment and floor selection.

A copy of the A1264.2 standard is available for $32 for ASSE members and $48 for non-members and can be ordered online at www.asse.org or by calling ASSE customer service at 847-699-2929. Founded in 1911 and celebrating its 90th anniversary, ASSE is the oldest and largest professional safety and health organization and is dedicated to protecting people, property and the environment. Its over 30,000 members manage, supervise, and consult on safety, health and environmental issues in industry, insurance, government and education.

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Lawsuits A Volume Business at Wal-Mart By Richard Willing
USA TODAY By Matthew Minard, The Shreveport Times, for USA TODAY

Shoppers head into a Wal-Mart "Supercenter" in Bossier City, La. The retailer has been sued over matters ranging from the security of parking lots to the actions of crowds of bargain-hunters. Wal-Mart is a legend in American business, a 39-year-old retail dynamo that trails only ExxonMobil in annual revenue. But in America's courtrooms, Wal-Mart has another distinction: As the company's sales have soared, analysts say, it appears to have become the nation's most popular private-sector target for lawsuits.By its own count, Wal-Mart was sued 4,851 times last year — or nearly once every two hours, every day of the year. Juries decide a case in which Wal-Mart is a defendant about six times every business day, usually in favor of the Bentonville, Ark., retail giant. Wal-Mart lawyers list about 9,400 open cases.

No one keeps a comprehensive list of all the nation's litigation, but legal analysts believe that Wal-Mart is sued more often than any American entity except the U.S. government, which the Justice Department estimates was sued more than 7,500 times last year.

Dozens of lawyers across the United States now specialize in suing Wal-Mart; many share documents and other information via the Internet.But the huge volume of Wal-Mart lawsuits is only half the story. About Wal-Mart Founded: 1962Headquarters: Bentonville, Ark.Employees: 1.2 million worldwide2000 revenue: $191 billion2000 net income: $6.3 billionShoppers per week: Nearly 100 millionStores*• Wal-Mart stores: 1,667 • Supercenters: 998 • Sam's Clubs: 486 • Neighborhood Markets: 23International operations:* Argentina (11 stores); Brazil (21); Canada (177); China (14); Germany (93); Korea (7); Mexico (520); Puerto Rico (17); and the United Kingdom (246). * As of July 31Source: Wal-Mart Stores Wal-Mart, which promotes itself as a down-home friendly business, is helping change the nature of corporate litigation by aggressively fighting many cases even when it would be cheaper for the company to settle, analysts say.The policy runs counter to the strategy of "settle quickly and cut your losses" that companies have used for generations. But it is paying dividends for Wal-Mart, which in the past five years has seen the pace of its lawsuits stabilize as potential plaintiffs and their lawyers opt not to sue after weighing the costs of fighting the retailer.Insurance companies, drug makers and other frequently sued businesses have kept an eye on the retailer's legal tactics, and have adopted some of them.Like Wal-Mart's product line, its lawsuits come in many varieties. Thousands are ordinary, alleging falls on slippery floors and icy parking lots.

Some are grim, such as claims by the survivors of an Alabama woman killed by her husband, who had bought a rifle illegally at a Wal-Mart. Some reflect hot issues, such as a class-action employment-discrimination suit filed in San Francisco in June by six women who are current or former Wal-Mart employees.And others, such as claims filed by those injured in a shoppers' stampede when coveted "Furby" toys went on sale just before Christmas in 1998, seem to spring from the bargain-hunting impulses so familiar to Wal-Mart shoppers.The tenacity with which Wal-Mart fights such cases is something that Candace Hoke of Hempstead, Texas, knows well.One day in October 1993, she dashed into her local Wal-Mart, picked up a bag of puppy food and headed for the checkout. Along the way, a couple of 25-pound boxes of bathroom tissue fell on her head. They were dropped, she contends, by a careless employee who was stocking shelves.Eight years after the accident, seven years after she filed her lawsuit and three years after she won her case, Hoke still is trying to collect the $250,000 a jury awarded her as compensation for neck injuries. Wal-Mart says it was not at fault and is appealing."You see (Wal-Mart's) commercials and you think, `Gee, they're just regular folks like the rest of us,'" says Hoke, 48. "Then you try getting what you think you have coming, and they're ferocious."Wal-Mart says it settles claims for which it is liable and fights only the cases that lack merit."If we haven't done anything wrong, we owe our (employees) the strongest defense possible," says Robert Rhoads, head of the company's legal department.Tom Harrison, publisher of Lawyers Weekly USA, a legal industry newspaper, says Wal-Mart's approach is risky because it could "alienate plaintiffs' lawyers, juries, judges and ultimately customers." But "the rewards are potentially great, too. Many eyes in the (legal) profession are watching Wal-Mart, and not just to see what's on sale."'An attractive target'Wal-Mart was founded in 1962 by Sam Walton, a Rodgers, Ark., merchant with a novel concept:

Focus on small towns and ignore downtown retail districts. Build your own "super store" from scratch on a town's outskirts. Stock the shelves with all types of goods, and sell them at bargain prices.Wal-Mart's growth has been explosive, from 874 stores in 1985 to nearly 4,300 today. In the first six months of this year, Wal-Mart opened 147 new stores in the United States — nearly six a week.Annual revenue and profits reflect the boom. Wal-Mart posted profits of $6.3 billion on $191 billion in revenue last year. All that growth has been accompanied by a surge in lawsuits, which the company views as inevitable."(Wal-Mart) stores receive 100 million visitors a week,"

Wal-Mart spokesman Bill Wertz says. "Not only is the number of lawsuits increasing because of our size, it's the publicity the lawsuits bring. (We've) become a more attractive target."As the goods and services available from Wal-Mart have expanded, so has the nature of its lawsuits. Cases that were unheard of for Wal-Mart 10 years ago — those involving customers slipping and falling on spilled French fries and soft drinks, for example — have become common as the retailer has opened floor space to fast-food franchises.

In many communities across the nation, Wal-Mart is the leading seller of hunting weapons. That has exposed the retailer to lawsuits such as the Alabama case, in which it reached a settlement with the family of a Sherry Hopper White and her brother Eldredge Hopper, killed by her husband James White. Wal-Mart settled after a criminal court found that the ex-husband had been allowed to buy the weapon at his local Wal-Mart despite being under a restraining order. In 1999, he was sentenced to life in prison.Security in vast Wal-Mart parking lots has been an issue in several lawsuits.

The company continues to fight a suit by Roger McClung, a Memphis man who claims his wife was abducted from a Wal-Mart lot in 1990 and later killed. The case is before a federal appeals court; Wal-Mart won in the trial court. Some Wal-Mart cases, meanwhile, are difficult for courts to resolve. In 1996, Wal-Mart fought a lawsuit filed by a 450-pound Louisiana woman who held the retailer responsible after she was impaled while trying out an exercise bike. A trial court said she had no case, but an appeals court overturned that ruling. A trial is pending.Then there are the Furby cases, now being scheduled for trial.At least six plaintiffs, all women, say they were injured in 1998 when hundreds of shoppers jostled for position at Wal-Mart stores in Pennsylvania, Tennessee and Georgia for what proved to be only a few of the furry, owl-like dolls that were such hot sellers that holiday season.Donna Unangst of Bethlehem, Pa., who was trampled at Wal-Mart's store in Lower Nazareth Township, Pa., says in her lawsuit that the retailer should have controlled the crowds.

Wal-Mart denies responsibility for what it calls unruly behavior by shoppers.'What did we do wrong?'U.S. companies have long settled most lawsuits filed against them rather than take them to trial, regardless of the lawsuits' merits. Businesses generally find that less daunting than paying for litigators, hiring expert witnesses and risking a large and potentially embarrassing jury award to the plaintiffs."If a typical case is going to cost you $10,000 to defend and you can settle for $7,500, you're likely to do it," says Michael Krauss, a law professor at George Mason University in Arlington, Va., who specializes in civil suits. "It's always been considered more of a business decision than a legal decision."In a movement led partly by Wal-Mart, some companies are trying a different tack.In the early 1990s, Eli Lilly and Co. faced a flurry of suits claiming that its depression-fighting drug Prozac produced side effects that included homicidal rages. The giant drug maker fought back and made sure that the first such case to come to trial would be one that it likely would win. Lilly did, then used the victory to persuade other plaintiffs to drop their claims or to settle on the company's terms.In the mid-1990s, the Allstate insurance company ended a policy of automatically settling motorists' claims for soft tissue injuries, typically hard-to-document back and neck strains resulting from minor auto accidents. Instead, Allstate began making take-it-or-leave-it offers based on a computer analysis of traffic injuries. Plaintiffs' lawyers say the offers often are well below their cases' value, forcing them to take the offer or go to trial.Like Wal-Mart, the companies have tried to take advantage of a changing legal climate that lately has favored corporate defendants.

A national survey this year by Jury Verdict Research, a Horsham, Pa., firm, found that the median award in 1999 for compensatory damages — $50,000 — was the same as it had been in 1993."There is definitely a backlash (against) plaintiffs," says Ralph Bellafatto, an Easton, Pa., lawyer who represents two injured Furby shoppers. "With jurors now, it's like, `Why do you deserve something for your problem? I'm not getting any help with mine.' "Wal-Mart's legal policy flows from the corporate culture instilled by Walton, who died nine years ago. Upon being sued, recalls Robert Rhoads, head of Wal-Mart's 40-lawyer legal department, "Mr. Sam's first question always was, `What did we do wrong?' "If Wal-Mart was at fault, Rhoads says, Walton's instructions were simple: Admit it and settle the claim. If not, take 'em to court.

In practice, critics say, Wal-Mart rarely concludes that it is at fault.Like its marketing plan, Wal-Mart's legal strategy is value-oriented. The company often saves money by using outside lawyers who usually are paid a flat fee of about $2,500 to $10,500 a case. The company routinely files motions to have cases shifted to federal courts, where judges do not need to run for re-election. Protective orders keep key company papers private. If it has to pay a settlement, Wal-Mart keeps the amount secret through a confidentiality pact.Plaintiffs' lawyers say battling Wal-Mart is a little like patronizing its stores: Wherever you go, the experience is the same."In courts from Maine to California, you sue Wal-Mart and they fight you on everything," says Bruce Kramer, a Memphis attorney who heads an Association of Trial Lawyers of America group of 75 lawyers who specialize in suing Wal-Mart. "It's annoying, it's frustrating, and I've concluded it's intended to be that way."Some of Wal-Mart's tactics have led to problems for the retailer.Plaintiffs' lawyers frequently complain that Wal-Mart makes it difficult for them to examine company papers that the lawyers are entitled to see.

In 1999, a judge in Beaumont, Texas, threatened to fine Wal-Mart $18 million for withholding an internal study of parking-lot security sought by a woman who was abducted from a Wal-Mart lot and raped. Texas Judge James Mehaffy accused Wal-Mart of "thwarting, obfuscating and obstructing" court procedure.Wal-Mart lawyer Rhoads says the wrangling over documents was caused by "coordination problems" between corporate headquarters and the company's outside lawyers. He says such problems largely have been corrected.Even so, there are signs the retailer is adjusting its litigation policy. Analysts say that Wal-Mart recently has seemed to make it a point to appear reasonable, appealing fewer cases and publicizing examples of disputes it resolved. The most recent example was in Charlottesville, Va., in June, when Wal-Mart reached a settlement with a black shopper who had been given a receipt with racial epithets written on it.Analysts say such moves likely reflect Wal-Mart's desire that its aggressive legal tactics not lead to a public relations problem."Is Wal-Mart unfairly targeted because it's big and rich, or is it an outfit that uses its deep pockets to wear down (those who sue)?" asks Richard Cupp, law professor at Pepperdine University in Malibu, Calif. "That's the battle (for public opinion) that Wal-Mart may be fighting next. And they can't win it in a courtroom." http://www.nfsi.org/walmart/Lawsuits%20a%20volume%20business%20at%20Wal-Mart.htm

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DO IT YOURSELF EPOXY GARAGE FLOOR KITS

Professional garage epoxy flooring installers are often asked how effective the discount epoxy kits at the big box home centers are. As we all know, big home centers sell (relatively) inexpensive one- and two-part epoxy kits from major manufacturers.

Discount kits have their time and place, such as for laundry room floors and light traffic areas. But, for the heavy duty use required for automobile parking, discount kits generally will not fit the bill.

Unfortunately, some commercial installers are using discount kits in order to keep their costs down. If you have received a low-ball bid on a concrete coating job at your home, you should be quite suspicious. Always ask your installer: The brand of coating they intend to use. Where the installer intends to purchase it.

High-grade coatings are purchased from concrete specialty supply houses and directly from manufacturers.

What is the installer's method of preparation of the concrete? It has been our experience, in reviewing and inspecting concrete that is coated with such products, that the discount coatings fail prematurely for two reasons.

The first problem with such coatings is that they lack sufficient abrasion resistance. Thus, such coatings are prone to scratching. Scratches dull a coated surface and make it appear lifeless; also, scratching promotes the accumulation of debris in the coating surface. But the more important, and more significant failure that occurs with these coatings is the failure of adhesion between concrete and coating. When a concrete coating fails to adhere to the concrete below, the coating chips away, revealing the concrete underneath.

Repairing a peeling floor can be expensive--much more expensive than doing it properly the first time. To remedy the failure of a coating system, the entire floor must be ground down to the concrete underneath--at a tremendous expense to the customer. The failure of discount coatings is attributable to two factors. First, the coatings themselves lack the commercial strength adhesive properties of more expensive coatings--such as the coatings used by professional garage epoxy installers. We do not use discount coatings on any floor. The greater factor, though, is the lack of proper preparation available with the discount kits. Only some discount kits offer any preparation materials at all--and the kits that do offer it, offer a meager packet of acidic powder.

Experienced installers know that acid preparation is an inferior method of concrete preparation.

Gunter Krebs is a master epoxy flooring installer with Garage and Storage Plus, and Austin-based Garage Improvement company. Article Source: E-Zine

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