Heidelberg’s Renown in the Print Industry May Not Translate to World-Class Safety

• October 31, 2024
• Attorney Matt Stoddard
• Construction Accidents

Heidelberger Druckmaschinen AG is a German engineering company best known for making printing presses, although they also make equipment for other stages of the printing process.

The company is over 170 years old and quite famous within its niche, and many of its older products are now sought-after antiques.

Unfortunately, printing has never been the safest of industries. Standards have certainly improved over time, but as in any industry, the most experienced companies won’t necessarily be the quickest to adopt new improvements, especially when those improvements focus on health and safety rather than profits.

When a company like Heidelberger makes a safety error, it can affect people all over the world who may come in contact with its products for decades to come. Heidelberger’s safety standards are particularly relevant here in Georgia, however, because the company’s American division, Heidelberg USA, operates out of Kennesaw.

Working with Printing Presses, in Any Capacity, Requires Strict Safety Precautions

Whether a person is operating a press in a print shop, or assembling and testing one in Heidelberg USA’s Kennesaw location, there are three main types of hazards that person will need protection from:

• Crushing and amputation injuries. Printing presses rely on rollers and grabbing arms to feed paper and other materials through. Some presses also have cooling systems with fan blades, or embossing mechanisms that literally press material between two opening and closing plates. All of these features represent a chance for body parts to become entangled, crushed, or torn off. To protect against this, hazardous areas of the press should be isolated with guards and only accessible when the press is disconnected from its power source.
• Toxicity. Inks, adhesives, and other substances used in printing can cause illness, especially when inhaled in large amounts. Even hard components of the presses themselves have historically been made from toxic materials, such as lead type and asbestos braking mechanisms. Manufacturers like Heidelberg are responsible for using the safest materials available at any given time, warning users of any unavoidable risks, and providing their workers with any helpful PPE, such as respirators.
• General factory accidents. When examining the specific dangers of an industry like printing, it’s easy to ignore the general dangers that affect all manufacturing and warehousing workers. Whether a facility makes printing equipment, kitchenware, or sporting goods, the workers face the same risks of slipping on a wet floor, being hit by a truck in the loading zone, or having improperly stored inventory fall on their heads. To avoid these kinds of accidents, all factories need to observe general safety codes and maintain good housekeeping.

You Can Sue Heidelberg for Causing Your Workplace Injury… as Long as You Don’t Work for Heidelberg

Under worker’s comp law, employers are immune to almost all personal injury and wrongful death lawsuits relating to workplace accidents.

This immunity only applies to the victim’s direct employer, however. Survivors and families can still sue other companies for personal injury and wrongful death, even if the incident in question happened at work.

Because Heidelberg produces heavy machinery for commercial use, there are lots of situations where a non-Heidelberg employee might be able to sue Heidelberg for contributing to an industrial accident. In fact, several sick and injured print shop workers have done exactly this.

Since 2020, two separate families, one in New York and one in Vermont, brought wrongful death suits against Heidelberg, alleging deadly asbestos exposure.

At least three other cases against Heidelberg, dating back to the 1990s, have centered around hand and foot injuries. OSHA records also show other, similar accidents which, for whatever reason, have not led to litigation.

In one particularly horrific incident in 2005, a pressman working for Bind-Rite in Carlstadt, New Jersey attempted to service the cooling system of the company’s Heidelberg press. While he was working on the fans, another employee started the machine, which dragged him in and killed him. There was apparently no working mechanism to prevent the machine from starting while the access panel was open.

If You’re a Heidelberg Employee, And Have Already Received Workers Compensation, You’ll Need to Look Elsewhere for Additional Compensation

Heidelberg printing press accidents don’t always wait until the press leaves the factory floor.

In April of 2020, a machinist working for a Heidelberg factory in Oroville, California lost a finger while troubleshooting a lithograph printing press. He was reportedly trying to remove some grease from the workings while the lithograph was running, when its gripper bars grabbed his finger and pulled it in.

An OSHA incident report indicates that almost exactly the same thing happened a year later in Groveport, Ohio, although the actual citation against Heidelberg was later deleted.

Neither of these men would have been able to sue Heidelberg for personal injury or premises liability due to employer immunity.

What victims in this position can do, however, is sue any other companies that contributed to the accident in question. Just as print shop employees injured by Heidelberg equipment can sue Heidelberg instead of their own employers, Heidelberg employees can sue other negligent parties, such as:

• Suppliers. No company produces its products out of nothing. Heidelberg builds printing presses using tools and components purchased from elsewhere. If you were sickened by a toxic ingredient, or hurt by a faulty part, the company that sold it to Heidelberg might share liability for your injuries.
• Maintenance contractors. If neglect played a role in making your workplace unsafe, some of the responsibility might lie with outside companies that Heidelberg contracts with for maintenance. From electrical systems to flooring to forklifts, factories typically outsource the upkeep of many of their assets to third-party companies.
• Safety consultants. Companies that sell their services as safety experts have a duty to provide honest and comprehensive safety advice, based on actual industry regulations and best practices. Those that sell unjustified safety approval can be held liable for injuries that happen in the workplaces they claimed were safe.

If you’d like to speak with an Atlanta-based injury lawyer about an accident at the Heidelberg factory, or one involving a piece of Heidelberg equipment, reach out to the Stoddard Firm any time to discuss your options in a free consultation.