Massachusetts Workers Compensation Lawyers Blog

Employers have to protect employees from dangers on the job! If not, they're going to get fined like Monster Contracting LLC did. According to the Occupational Safety and Health Administration (OSHA), the framing contractor is now facing nearly $60,000 in proposed fines for failing to prevent residential construction-related work accidents in New England. These fines were the result of an inspection conducted by the OSHA area office.

"Employees at this job site faced the risk of disabling or deadly injuries from falls, crushing injuries or being struck by flying debris or objects while operating nail guns and other tools," said Rosemarie Ohar, OSHA's area director.

Training is important! Employees at this job site were not trained in precautions that could have avoided work-related hazards. Our Boston workers compensation attorneys recommend that all employees keep an eye out for dangers on the job. Yes, it's the employer's job to minimize accident risks on the job site. Unfortunately, though, that doesn't always happen. Be a proactive employee and keep an eye out for dangers before they have the chance to harm anymore.

The company was cited for:

-Exposing employees to falls of up to 20-feet while performing interior and exterior frame work without providing them with the proper fall protection.

-Working near unguarded windows, stairwells and floor openings.

-Failing to provide employees who work with nail guns, staplers and power tools with the proper eye protections.

-For allowing employees to misuse ladders or to use unsafe ladders.

-For having damages on slings that are used to lift walls.

-For failing to ensure that truck operators had been properly trained.

-For allowing dangerous access to elevated portions on the buildings.

-For leaving nails protruding out of lumber on the job site.

-For not properly training workers to recognize electrical, flying objects, material handling and fall hazards.

-For neglecting to train workers on how to safely operate work-related power tools and how to properly use ladders.

Monster Contracting LLC has 15 business days to either pay the fines or to meet with an area director to contest these violations.

According to the Bureau of Labor Statistics, there were more than 750 construction employees who were killed on the job in 2010 in the U.S. Nearly 40 percent of these fatalities were the result of fall accidents.

Work accidents in Massachusetts, according to the Massachusetts Occupational Injuries and Illnesses Report:

-The health and education industry accounted for nearly 30 percent of all work-related injuries and illnesses.

-The construction industry tallied the highest incident rate, with 6.1 per 100 employees.

-More than 40 percent of on-the-job accidents required time away from work.

-Most commonly, injuries at work result in either a sprain or a strain.

-Employees between the ages of 25- and 44-years-old had the highest number of work-related illnesses and injuries.

-Work-related accidents most often injure an employee's shoulders or back.

Continue reading "Company Fined for Failing to Reduce Risks of Work Accidents in New England" »

We often talk about the dangers of working in construction and with hazardous materials.
What we rarely discuss are the risks of work-related injuries in Boston ' offices. According to the Centers for Disease Control and Prevention (CDC), employees who work in an office, at a desk or in a cubicle are also at some serious risks for on-the-job injuries and illnesses.

Employers of all kinds are required to make workplace conditions safe for employees. This means that employers are required to keep an eye on chemical hazards, work station and equipment design, environmental exposures, task design, physical environment dangers, psychological factors, etc.

The design of an office can make or break you. Office designs are supposed to allow employees to execute their jobs comfortably. Our Boston workers compensation attorneys stress the importance of proper ergonomic design. This design is used to make sure that employees aren't working in odd postures, sitting or standing for too long, having to over-reach themselves and are making sure that repetitive work isn't harming an employee's health. Sometimes, changing an employee's furniture or equipment can solve this problem and help an employee to work more comfortably. When posture is off for long stretches of time, musculoskeletal disorders and other problems can arise.

Employees can also be faced with risks for on-the-job injuries because of job stresses, design-related hazards, environmental dangers, open drawers, exposed electrical cords, repetition, job speed, job duration, chemical exposures, etc. It is important to make sure that the requirements of your job meet your capabilities. Overworking employees can often result in worker injuries and illnesses.

The nature of work is changing - and quickly. Now more than ever, on-the-job stress poses serious risks to workers' health and to the viability of companies nationwide. The National Institute for Occupational Health and Safety (NIOSH) has studied these factors and concluded that about a quarter of all employees see their job as the No. 1 cause of stress in their lives. About 75 percent of all workers say they have more at-work stress now than they did a generation ago.

We're not saying a job is supposed to be a walk in the park. We're just saying that we understand that job-related stress is becoming a growing source of physical and emotional health issues for many Americans. It's not just an excuse for being lazy. The term "job stress" is defined as a harmful emotional or physical response that can happen when job requirements exceed the resources, capabilities or needs of the employees. This kind of stress can lead to poor health and even on-the-job injury.

Employers are asked to keep an eye on the health and the job production of employees. We realize that, with the current economy, employers are trying to squeeze as much as they can out of each employee, but there's a stopping point. Under no circumstance should an employee jeopardize their health for the completion of a job. Employers, please provide a safe and reasonable atmosphere for your workers.

Continue reading "Office Workers Also at Serious Risks for Work-Related Injuries in Massachusetts" »

Two years ago, the world watched, riveted by the rescue of 33 Chilean miners, trapped deep in the earth's bowels for months after the mine they were working in collapsed.

At the time, some in the U.S. may have expected that regulations in the U.S. would help prevent such a workplace cave-in accident from unfolding here, either in Boston or elsewhere.

However, two recent cases in neighboring states illustrate that is not an assumption Massachusetts workers can afford to make.

The first case is reported out of New Hampshire, where an Ashland employer is facing more than $51,000 in fines for a host of safety violations, namely involving cave-in risks for crews installing pipe at an affordable housing project. The second case involves a Hartford, Conn. construction company that is looking at almost $170,000 in penalties for cave-in risks to workers installing a sewer line along the roadway.

Overseeing both investigations is the U.S. Occupational Safety and Health Administration.

In the New Hampshire case, an OSHA inspector observed employees with Hiltz construction Inc. laying water pipes at the Harriman Hills Affordable Housing project, just off Route 109. The problem was the workers were seen toiling in an unprotected trench that was more than 7 feet deep. According to federal guidelines, all excavations or trenches that are deeper than 5 feet have to be guarded against potential collapse of the sidewalls.

Rosemarie Ohar, the agency's New Hampshire area director, was quoted as saying that an unguarded trench can collapse in mere seconds. This can result in crushing or burying workers underneath more than a ton of soil or debris before they can react or even attempt to escape. She said the potential for injuries was great because the placement of soil at the trench's edge mean that it could have easily rolled onto the workers, who also didn't have access to a ladder or any other way of quickly getting out.

Further, OSHA inspectors said the workers weren't trained on how to recognize that they were in danger, and the trench wasn't inspected prior to the work beginning.

OSHA has issued the following citations for Hiltz:

1. One citation for an unguarded trench - $35,000.
2. Four citations for the remaining trench hazards - $15,600 each.
3. One citation for uncertified illness or injury summaries - $660.

The second case, out of Connecticut, involved the Penney Construction Co. LLC, which OSHA found placed workers in the path of serious injury by failing to enact proper trench protection. Not only that, but an unsupported sidewalk and catch basin were overhanging the trench, posing even greater risk to workers.

What's worse, OSHA says the company continued to send workers into that trench, even after they had been warned of the dangers by safety officials.

Paul Mangiafico, OSHA's area director there, said Penney repeatedly put its workers at risk, saying they could have been crushed or buried alive in a matter of seconds.

Our Boston workers' compensation attorneys believe that all employees deserve to have employers who are diligent about protecting their safety.

Continue reading "U.S. Employers Put Workers at Risk of Cave-In" »

An estimated 5 million workers across the country will need to use a respirator at some point during the course of their job. That means there are millions of opportunities for the devices to fail or be used improperly. In other cases, they are not provided to employees who need them or employees do not receive the proper training.

Our Boston workers' compensation attorneys have seen firsthand what can result from such a mishap.

Now, in an effort to decrease those sort of occurrences, the federal government's Occupational Health and Safety Administration (or OSHA) has created and posted a series of 17 videos to help educate workers and their employers on the proper use of respirators on a job site.

Respirators are different than surgical masks, though some models may appear similar. The devices work one of two ways - either by filtering contaminants in the air or by providing a separate, autonomous air supply.

The devices are used in a wide range of industries - from firefighting to the medical field - on more than 1.3 million job sites in the U.S.

OSHA's videos, published in both English and Spanish, cover everything from how the equipment should fit to how to spot counterfeit respirators and prevent work-related accidents involving respirators in Boston and beyond.

One sector where respirators are often utilized is in the construction industry. Some common air contaminants on construction job sites include gas, mists, dusts and fumes, some of which can either make you ill or possibly be fatal, depending on the substance.

Just because a worker doesn't fall ill immediately, as might be the case with carbon monoxide poisoning, doesn't mean a respirator accident is any less serious. Asbestos exposure can lead to mesothelioma cancer, though it takes years for most people to learn they've even been put at risk, and by then, the disease is usually in its last, fatal stages.
This makes proper use of a respirator critical.

OSHA outlines that there are certain steps employers are mandated to take to reduce your potential exposure to such substances. These measures include:

1. Engineering controls, like local exhaust ventilation;
2. Administrative controls, like limiting the number of people who are exposed to the substance;
3. Work practice controls, like certain wet-cutting techniques.

When these techniques can't ensure your safety on the job, your employer is responsible to provide you with a respirator. And not just any respirator will do. Certain devices protect against certain substances, and it's important for both you and your employer to do your research.

Make sure that the respirator you use offers protection from exposure to whatever toxic substance you may encounter.

At the very minimum, your employer is required to:

1. Have a written respiratory protection plan.
2. Know what the respiratory hazards are in the workplace.
3. Find the right respirators for each job.
4. Provide workers with medical evaluations and respirator fit testing.
5. Offer proper maintenance, cleaning and storage of respirators.
6. Make sure you have the proper training when it comes to respiratory hazards and the proper usage of respirators.
7. Make sure they are paying attention to employee respirator use, and correct any potential problems.
8. Provide you with access to a written copy of the company's respiratory protection plan.

Continue reading "OSHA Outlines Responsible Respirator Use for Boston Employers" »

Roofers at a Topsfield, Massachusetts work site were exposed to a number of potential fall hazards, and their employer has been fined by the U.S. Occupational Safety and Health Administration (or OSHA).

A news release detailing the violations was released late last month.

The roofing company, based in Reading, Massachusetts, is facing a penalty of more than $40,000 in fines for the precarious positions in which their employees were placed.
OSHA's Andover headquarters uncovered a host of risks, mainly dealing with a ladder jack scaffold on the roof of a High Street building.

The transgressions included:

1. Failure to provide personal fall protection.
2. Failure to train employees to observe potential fall hazards.
3. Failure to offer proper head and eye protection.
4. Failure to properly set up and inspect ladders for potential damage.

Not only that, but one improperly-erected scaffold was found to have damaged parts, was taller than the 20-foot maximum height allowable and was not inspected before workers began using it.

Any one of these constitutes a serious violation, which is classified by OSHA as a situation in which there is a great probability that an outcome of serious harm or death could result from a danger that the employer was aware of or should have been aware of.

In this case, the roofing company has 15 days to comply and meet with OSHA's area director or contest the findings in an upcoming hearing.

Jeffrey Erskine, the agency's area director for Essex and Middlesex Counties, said that protecting workers against potentially fatal hazards rests on the shoulders of the employer.

He went on to say that someone has to inspect the equipment to make sure it doesn't have defects and that it is properly set up. Further, workers have to be trained to recognize and deal with conditions that could potentially harm them.

Our Massachusetts workers' compensation attorneys know that according to the U.S. Bureau of Labor Statistics, more than 750 construction workers died on the job in 2010, and that more than 35 percent of those tragedies were the result of a fall.

The federal government has set forth meticulous guidelines for employers to follow in order to prevent workplace injuries in Topsfield and elsewhere in the country.

On average, the Centers for Disease Control and Prevention estimates that fall injuries cost U.S. employers a collective $70 billion every single year.

That may be little compared to the burden of those workers who are seriously injured or the loved ones who survive them if their injury proves fatal.

These types of accidents are preventable. Thankfully in this case, federal inspectors interceded before a serious injury could occur. Many construction workers aren't so fortunate.

A number of fatal construction fall accidents involve scaffolding. In fact, in 72 percent of scaffolding accidents, the cause was pinpointed to be either planking or to the employee losing their balance or being hit by a falling object. But as OSHA points out, these scenarios can be prevented when the employer steps in to ensure the proper safety procedures are followed - every time, without exception.

Continue reading "Topsfield Roofer Fined for Construction Worker Fall Hazards" »

Every Massachusetts worker has the right to bring forth on-the-job safety concerns, without fear of retaliation by an employer hoping to cut corners. The hope is, they can prevent a Boston work-related accident.

That right is especially crucial when the industry is charged with providing a service to the public - one which they have every right to expect will be completed safely.
In the airline industry, if on-the-job safety standards aren't met, people's lives are put at risk.

And that wasn't a risk one AirTran Airways pilot wanted to take.

That's why he stepped forward, repeatedly, to voice safety concerns regarding certain aspects of his plane's mechanics.

Our Boston workers' compensation attorneys applaud him for this.

Unfortunately, when he did so, he was punished by the airline, a subsidiary of Southwest Airlines Co. His employer responded to his reporting of safety concerns by suspending him and followed with a swift judgment for termination.

Why wouldn't an airline want to know if their equipment was unsafe? Why wouldn't AirTran want to prevent potential harm, not only to their employees, but to the public at-large, which trusts the airline to get them and their loved ones safely to their destination?

It's a question that hasn't yet been satisfactorily answered.

But there is good news to emerge from this shameful scenario.

The U.S. Occupational Health and Safety Administration, the federal agency charged with overseeing complaints of workplace dangers, found the airline's actions were egregious.

So wrong, in fact, that OSHA ordered the airline not only to give the pilot back his job, but to pay $1 million in back pay and compensatory damages, or essentially a fine. Specifically, OSHA found that AirTran violated the federal Whistleblower Protection provision of AIR21. In reporting potential safety concerns to his superiors, the pilot was protected under federal law.

OSHA's investigation found that it started back in August 2007, when the pilot had an increase in the number of mechanical malfunction reports he submitted to his bosses.
The airline responded by taking him off the flight schedule.

Less than a month later, the airline held a 17-minute hearing, and determined the pilot had not adequately answered questions about the increase in his mechanical error reports.

OSHA, however, found that the pilot was never given a proper chance - and that was by the design of the airline, which likely didn't want to be subjected to costly repairs, regardless of the impact on the safety of passengers and crew.

At this point, the airline can file for an appeal with the federal labor department, but in the meantime, the pilot can immediately get back to work.

This is a win for workers everywhere because it underscores that it does pay to make workplace safety a priority, and to ensure your employer is following the industry standard.

Employees who think their employer has retaliated against them for engaging in protected conduct are asked by OSHA to file a complaint with the secretary of labor. That will kick-start an OSHA investigation.

As well, consider the help of an experienced law firm to help guide you through the process.

Continue reading "OSHA Airline Decision a Victory for Safety-Conscious Boston Employees" »

Prolerized New England Co. LLC, also known as Schnitzer Northeast, was recently cited by the Occupational Safety and Health Administration (OSHA) for 10 serious work-safety violations for failing to protect workers from work-related accidents in Everett. The alleged citations come with fines totaling approximately $70,000.

Our Massachusetts workers compensation lawyers understand that employers here and across the country are required by law to protect their employees. Job sites must be free of known work hazards. Failure to rid work sites of dangers can result in citations, costly fines and potential legal action. Employees have a right to be safe at work, and it's an employer's responsibility to provide it.

Employees at Schnitzer Northeast's Everett site were allegedly working in a rotating drum that is used to sort scrap metal for recycling purposes. When working inside the drum, it activated, injuring numerous employees. An inspection was conducted on that work site by OSHA's Area Office in September, following the incident. In this inspection, a number of serious deficiencies regarding hazardous energy control procedures were uncovered at the site's facility.

Hazardous energy control consists of procedures enacted to help ensure these machines are turned off, their power sources locked out before workers are able to enter the rotating drum for any type of work. In this accident, hazardous energy control procedures were not successfully executed prior to the job. It was also pointed out by the OSHA inspector that employees at this work site were not adequately and properly trained to perform this type of work safely. The procedures in place to ensure this job was performed safely were not efficiently communicated from employer to employees.

Additional discoveries through the OSHA inspection:

-Employees were not provided with the permit required for certain types of work that require heat, flames or sparks, which should have been obtained for welding inside of the drum.

-The workers were reportedly exposed to potential falls in the drum. This was the result of an unguarded chute opening.

Overall, the company received 10 citations from OSHA. Each of the citations came with a $7,000 fine, resulting in total fines of more than $70,000.

"Preventing this hazard requires a combination of effective hazard control procedures, training and diligence to ensure that the proper safeguards are in place, in use and understood by workers," said Jeffrey Erskine, OSHA's area director.

These violations were handed out because employers should have recognized these dangers. The company was handed 10 serious violations, meaning that there was a significant probability that serious injury or death could have resulted from these hazards that the employer should have known about them and taken the proper action to fix them.

Continue reading "Schnitzer Northeast Fined by OSHA for Failing to Prevent Work-Related Accidents in Everett" »

Work-related accidents in Massachusetts and New Hampshire are a serious problem, according to the Occupation Safety and Health Administration (OSHA). According to recent reports, the regional OSHA office in Boston has filed a complaint against DeMoulas Super Markets Inc. This company does business as Market Basket. The complaint was filed by the officers, who ordered the super market chain, based out of Tewksbury, to review and to comply with OSHA's safety standards. These safety standards are to be used by employers across the country to help increase worker safety and to protect them from work-related accidents. Specifically, the company must review the standards involving fall and laceration violations that were observed at the more than 60 of the company's stores in both Massachusetts and New Hampshire.

The violations were observed when inspectors visited a number of the company's stores throughout the New England area. The inspections resulted in fines for the company totaling near $600,000 for a number of work-related safety violations. DeMoulas has recently contested these violations and fines with OSHA.

Our Massachusetts workers compensation lawyers understand that the complaints from the Boston OSHA regional office indicated employees were allegedly exposed to fall hazards from open-sided, unguarded storage and work areas. These areas included storage units and atop produce freezers and coolers. To make matters worse, one of the company's employees was seriously injured in a work-related accident back in April of 2011 when he fell more than 10 feet onto a concrete floor below. Reports indicate he fell from an improperly guarded storage mezzanine. In 2007, another employee was injured in the very same work conditions.

"Hazardous conditions at multiple locations that expose employees to serious injuries demand a swift and comprehensive corrective response at the corporate level," said Dr. David Michaels from OSHA.

Michaels said OSHA believes the supermarket company should have eliminated these work hazards after the first warning, when it was also determined the company should never have bypassed these hazards.

Additional Citations observed at various DeMoulas facilities:

-Failing to provide employees with hand protection to those working in certain dangerous positions.

-Bakery, deli and produce employees were not provided with the proper safety equipment.

Back in 2006, the supermarket company was cited by OSHA and said that they would conduct a thorough job hazard analysis in all of its stores. OSHA reports that the company never completed those inspections. From 2008 to 2011, employees at the Concord and Rindge stores experienced at least 40 reported hand lacerations.

According to Michaels, work safety is not an option. OSHA's standards are in fact federal standards that must be met by all companies and employers in the country to help keep workers safe on the job.

Continue reading "DeMoulas Super Markets in Trouble Again for Failing to Prevent Work Accidents in Massachusetts and New Hampshire" »

As we recently reported on our Boston Car Accident Lawyers Blog, the National Highway Traffic Safety Administration (NHTSA) is working diligently to help curb driver distractions. The number of distraction-related car accidents is increasing significantly, and it's employees who are driving on the job who are greatly affected by these risks and in danger of a traffic-related work accident in Massachusetts, too. As technology advances and the need to stay connected grows, more and more drivers are using communication devices when they should be driving. Drivers are urged to halt the distractions when operating a motor vehicle to help reduce the risks of a distraction-related traffic accident.

According to the NHTSA's statistics, there was a significant increase in the number of cell phone and other distraction-related traffic accidents from 2009 to 2010. Cell phones and text messaging devices are contributing to a good bulk of these accident numbers. Studies show that nearly 1,000,000 drivers are using a cell phone at the wheel in the United States at any given moment.

Our Boston workers compensation attorneys understand that it's important for workers and employers to stay connected on the job. There's no reason to risk an injury or a fatal accident for this connection however. Phone calls and text messages should wait until the vehicle is safely stopped to help avoid an accident. To help reduce the risks of these types of traffic-related work accidents, the National Safety Council (NSC) is asking employers to implement a cell phone policy for all driving workers. By allowing driving employees around the country to use cell phone and text messaging devices at the wheel, employers are displaying an acceptance of significantly increased accident risks.

The NSC offers employers a downloadable cell phone policy kit to help get the policy started. Creating a plan is simple; enforcing it lies in the hands of employers.

The free downloadable kit can help employers to:

-Build leadership and support for your company regarding a new or revamped cell phone policy.

-Communicate the risks of distraction-related traffic accidents and the need for such a policy in the workplace.

The downloadable kit also includes some sample policies that employers can use to implement a policy immediately. It also includes tips to get employees involved and tips for employers on how to manage such a policy. Plus, a number of communication tactics, including posters, talking points and voice mail greetings for employers to use to help employees to better understand the policy.

Employers are urged to adopt a cell phone policy kit in the workplace. Driving employees are at extreme risks for a motor vehicle accident when they're busy taking phone calls and organizing work projects at the wheel. Employees are reminded to place their focus on the task at hand -- driving -- when behind the wheel.

Continue reading "Employers Urged to Enact Cell Phone Policy to Help Reduce Risks of Traffic-Related Work Accident in Boston" »

Many employees in the state work outside in the cold and often severe winter weather, putting them at greater risk for a cold weather-related work accident in Massachusetts. Sometimes we think that our blood is accustomed to the cold, but that's not always the case.

The Centers for Disease Control and Prevention (CDC) reminds us that there are ways to protect yourself from the winter weather and a cold-related work accident. Our Boston workers compensation attorneys understand that workers need to be aware of the weather and its effects on the body. Before heading off to work in the Massachusetts' winters, be sure to wear gloves to protect your hands and a hood or a hat to protect your head. If you're working in wet weather conditions, be sure to wear shoes that are waterproof and that have good traction. Lastly, be sure that your cold-weather work gear doesn't hinder your body's movement or block your eyesight. You want your gear to work for you, not against you.

It's no surprise that freezing temps and icy wind gusts can put you in danger, but did you know that you're at risk for a cold weather-related work accident when it's as warm as 60° F?

Stay Aware:

-Hypothermia: One of the most common and most dangerous factors of cold weather is hypothermia. This may be one of the most difficult injuries to detect on the job. Hypothermia happens when your body's temperature drops below 95° F. Beginning stages of hypothermia can leave you feeling confused. Hypothermia can also hinder your judgment and can lead to mistakes on the job. Sometimes these mistakes can be deadly. Some symptoms of hypothermia can include feeling confused, being clumsy, feeling tired and shivering. As your body loses heat, shivering can stop, your pupils may enlarge, your skin can turn a shade of blue, your breathing and your pulse can slow and you could potentially pass out.

-Frostbite: A number of body parts are extremely vulnerable to frostbite. Your ears, nose, toes and fingers can easily get frostbitten. Some symptoms of frostbite can include stinging, tingling, numbness or pain in the area of the body that is being affected. To help to reduce your risks of experiencing frostbite, you should wear warm, protective clothing like shoes, hats and gloves. The colder it is, the faster frostbite can affect you. Never stay in the cold weather longer than you need to.

-Trench foot: This happens when your feet are cold and wet for too long. When this happens, moisture causes the foot to lose essential heat, which can damage tissue and slow blood flow. This can happen even when it's 60° F, so be careful!

Continue reading "Winter Increases Risks for Weather-Related Work Accidents in Massachusetts" »

Our Massachusetts workers' compensation attorneys are urging all businesses to take the time and initiative this year to provide the safest work places as possible to help prevent work accidents in Boston, especially among younger people. In 2010, there were nearly 18 million workers who were under the age of 25 in the United States. These young workers made up nearly 15 percent of the country's workforce, according to the Centers for Disease Control and Prevention (CDC).

Compared to most age groups, young employees have a high occupational injury rate, meaning that they're much more likely to get injured on the job than older workers. Many of these injuries can be caused by the frequency of work hazards that these young workers face on the job. Many of these hazards can be found in restaurant settings, like working with dangerous cooking equipment, working with sharp objects like knives, and working on slippery floors.

Our Massachusetts workers compensation attorneys understand that dangerous work conditions aren't the only thing that put these young workers at risk for a serious a work-related accident. Inexperience and a lack of safety training can also contribute to their high risks for on-the-job injuries. These young workers, many in middle school and high school, may also suffer from psychological and biological factors that can increase their injury rates. These factors can include a lack in strength, physical shape and cognitive abilities to operate large machines.

In 2009, there were nearly 400 workers under the age of 24 who were killed in work-related accidents in the United States. Nearly 30 of these deaths occurred to workers who were under the age of 18. From 1998 to 2007, statistics reveal that there were nearly 800,000 work-related injuries sustained by individuals in this young age group that were treated in emergency rooms across the country. The rate for these types of injuries for this young age group is about two times higher than the injury rate among employees who are over the age of 24.

The U.S. Public Health Service has a Healthy People objective that is being used to help reduce occupational injury rates among young workers ages 15- to 19-years-old by at least 10 percent by 2020.

Employers throughout the state are asked to make the same efforts, to help protect our young workers. Oftentimes, young employees are hesitant to speak up about dangers, hazards or injuries on the job because of the fear of being reprimanded. For parents, it's important to talk with the young workers in your life about the rights they have. It's our job to prepare these young ones, so let's prepare them with a good work ethic and safe work practices to help avoid a potentially fatal work accident.

Continue reading "Protecting Young Employees from Work-Related Accidents in Boston during the New Year" »

It's a new year and time to start over with a fresh slate. Let's start with making workplaces safer than ever by making a New Year's resolution to practice better safety precautions to help prevent fall accidents in Massachusetts. The Centers for Disease Control and Prevention (CDC) is all over this one, with an entire web page devoted to helping to reduce the risks of these types of accidents.

According to the CDC, a fall can happen virtually anywhere at any time at any work site. Falls are one of the most common incidents to cause injury on the job. Falls can happen when climbing a ladder to change a light or happen to iron workers who are required to work nearly 100 feet above the ground. The Bureau of Labor Statistics reports that there were more than 600 workers who were killed and nearly 213,000 workers who were seriously injured in 2009 by falls to even the same level or to a lower level.

Our Boston workers compensation lawyers understand that fatal fall-related accidents are most commonly experienced in the construction industry, while the most injury fall-related accidents are experienced by those in wholesale industries, retail business and health services.

Circumstances that are associated with fall accidents:

-Slippery floors.

-Cluttered floors.

-Unstable walking surfaces.

-Unprotected edges.

-Holes in the floor and openings in walls.

-Ladders that are positioned unsafely.

-Misused fall protection.

According to federal law and industry consensus standards, there are specific measures listed in addition to performance-based recommendations that are to be used to help prevent fall-related accidents. These standards come with various ways to protect employees should a fall occur. Still, there are far too many unsafe work practices across the country's workforce as fall accidents continue to plague workers.

The National Institute of Occupational Safety and Health (NIOSH) is working even harder this year to find ways to prevent these types of accidents. The organization recently released its "Research and Practice for Fall Injury Control in the Workplace: Proceedings of International Conference on Fall Prevention and Protection." This publication will be used to advance the knowledge of work-related fall accidents. Back in May, the International Conference on Fall Prevention and Protection (ICFPP) was conducted to help the public to speak with fall-prevention experts and specialists to learn about the newest methods and tools to help prevent these types of accidents.

That conference's information has now been published and can be found in the "Research and Practice for Fall Injury Control in the Workplace" publication.

Fall accidents and the injuries they produce are a burden in many ways. They cause workers to lose time at work, a plethora of medical bills, and lengthy and complicated workers' compensation claims. Statistics conclude that costs associated with fall accidents cost about $70 billion every year in the U.S.

Continue reading "CDC Recognizes Fall Accidents in Boston and Elsewhere with Start of 2012" »

A masonry contractor in Massachusetts, NER Construction Management Inc., has recently agreed to hand over more than $130,000 in fines and penalties for failing to protect its employees from a work accident in Boston. The company was recently fined by the Occupational Safety and Health Administration (OSHA) after a safety inspection revealed that the company was failing to take proper safety steps to help protect employees from potential fall hazards. The company has agreed to pay these fines through a settlement to resolve litigation with the U.S. Department of Labor.

The company was first cited by OSHA back in January of last year after an inspector observed that the company was failing to meet a number of federal safety standards. The inspector discovered that the company failed to eliminate fall hazards for employees who were working 17 feet up on a project at Rowes Wharf.

Our Boston workers compensation lawyers understand that all employers are required by law to meet a strict set of safety standards to help to prevent work-related accidents. OSHA is in charge of overseeing work sites throughout the nation to help ensure that these safety steps are being properly executed by employers. When a company fails to protect its employees, serious legal matters and top-dollar fines can result, in addition to accidents and injury.

Fines aren't all that the company agreed to though. NER Construction Management has also agreed to correct all of the work hazards that were cited in the OSHA inspection, and that it would take the necessary steps to increase safety for employees at all of its job sites.

Safety steps to be taken by NER Construction Management:

-The company will conduct a detailed hazard and danger analysis for each job at each work site to figure out a feasible way to protect employees from fall accidents. These steps are to be taken before work begins at each specific work site.

-The company must now provide thorough training for all employees who are certified to point out and correct all work-related hazards.

-The company must redo the company's disciplinary policy of strict rules to include managers as well. Everyone needs to be held responsible for work site safety.

-The company has agreed to provide OSHA with a report each month regarding all active work sites. This report is to include all jobs that will be started within the next year, as well as copies of all outside safety audits that are conducted over the next few years as well.

"We're looking for them to not only correct specific cited hazards but also to take effective steps to prevent them from recurring," said Marthe Kent, the New England regional administrator for OSHA.

Continue reading "Contractor Company Pays $130,000+ for Failing to Prevent Work Accidents in Boston" »

The federal government has launched a new web page to assist businesses in protecting workers from any hazards they may face while responding to and recovering from winter storms. The idea is to keep their operations and work places safer while helping to reduce the risks of work accidents in Boston and elsewhere. The Occupational Safety and Health Administration's (OSHA) new web page has timely information for workers who are at higher risks of a work accident during severe winter weather conditions.

Our Boston workers compensation attorneys understand that employers have a legal responsibility to provide safe work conditions for all employees. This includes reducing the risks for injuries, eliminating hazards on the work site, properly training employees and providing them with the proper safety equipment. The new web site is just one more way to provide employees with information about recognizing storm-related dangers along with tips to help everyone stay safe while working in these conditions.

Storm-related recovery teams can be in charge of clearing heavy snow from the front of establishments and from roofs. All types of employees can easily be exposed to downed power lines, dangers while traveling on icy and snowy roadways, and troubles attempting to regain power after a severe winter storm.

Dangers that can be associated with employees who work in winter storms:

-Employees can be hit by falling objects. These objects can include utility poles, tree limbs, icicles, etc.

-Employees who are required to drive on the job can be in severe danger for traffic accidents because of slick roads.

-Employees can be exposed to overwhelming amounts of carbon monoxide and risk developing carbon monoxide poisoning.

-With the cold and frigid weather, outside workers run the risks of frostbite, hypothermia and dehydration.

-Employees can sustain injuries from strenuous winter storm-related work activities.

-Employees can easily slip and fall because of slippery walkways.

-Workers can be electrocuted by downed power lines near work sites.

-Storm workers can fall from lifts and ladders while trying to remove snow.

-Roofs can collapse because of the weight of the snow.

To help eliminate injuries caused by the dangers listed above:

-Always act as if power lines are active. Stay clear of them.

-Ensure that all equipment is guarded correctly. Don't forget to disconnect the power cord from the power source before performing maintenance or cleaning these devices.

-Be careful on roofs and other surfaces that carry a large amount of ice or snow.

-All ladders and lifts should be equipped with the proper fall protection.

-Make sure all employees have bright, reflective clothing in addition to protective body, face and eye wear.

-All work zones should be clearly marked off.

Continue reading "Winter Brings Severe Risks for Work Accidents in Boston, OSHA to Help" »

Last week, an employee who worked for the Tribe Mediterranean died in a brutal Massachusetts work accident. The Tribe Mediterranean is a company that manufactures hummus. The employee was killed after his arm got caught in a grinder at the Massachusetts hummus facility. Investigating officers pronounced the worked dead on site. His body was transported by medical personnel to a nearby hospital, according to Mail Online.

"The only information I really have is that he became stuck in a rather large machine, which some people call an auger and others call it a grinder," said Gregg Miliote, with the Bristol County District Attorney's office.

Our Boston workers compensation attorneys understand that the demands of common jobs become more and more demanding and dangerous as we continue to turn to automation and machinery for the production of common goods. These demands increase as economic demands increase as well. Machines are oftentimes better equipped to produce more product than manual, human labor. While there are many advantages to using machinery, it can provide some potentially fatal hazards to workers when they're not treated properly. Machinery requires the implementation of the proper safety measures, procedures and safety devices, including safeguards, to limit the exposure to hazards for employees.

The Massachusetts employee in the accident was cleaning and sanitizing the machinery when it happened. It was his job to keep the work place and the machinery in line with the federal health and safety codes.

Tribe Mediterranean is the second top-selling hummus producer on the market. The factory has been shut down temporarily so that the Occupational Safety and Health Administration can investigate.

The hummus company had just finished an expansion project over the summer that cost nearly $10 million. The expansion had expected to create roughly 60 more job positions. The number of workers after the expansion sits at an estimated 125.

Billions have been handed over as the result of machine-related injuries and fatalities every year. These types of accidents can have devastating and lasting effects on a victim's life. Employers are urged to utilize safeguards, including safety controllers, interlocked guards and light screens to help to prevent a potentially fatal workplace accident. Make sure that all employees are properly trained to work with the machinery and enact a set of procedures to ensure that daily functions are as smooth and as safe as possible.

According to the Occupational Safety and Health Administration, employers are required by federal law to eliminate or to control the hazards presented by dangerous machinery. Oftentimes employers are required to provide compensation for these types of accidents to the victims and/or the victim's family.

Continue reading "Massachusetts Work Accident with Hummus Grinder Kills Employee" »