Boston Work Accidents

Folan Waterproofing and Construction Co. Inc. received nine serious violations from the U.S. Department of Labor’s Occupational Safety and Health Administration for seriously violating the standards of work safety in Boston at their Lowell work site.

The company received these violations because of inadequate safeguards when working on aerial lifts, possible fall hazards of up to 40 feet due to a lack of required fall protection and a number of other hazards. The contractor faces a total of nearly $49,000 in proposed fines.

Our Boston workers’ compensation attorneys understand that a number of local work sites can prove to be very dangerous if not regulated by employers and officials. On-the-job accidents can happen at virtually any time and it is the responsibility of the employer to secure all work sites in an attempt to keep employees safe. Work-related injuries can oftentimes include auto accident, lifting injuries, exposure to harmful chemicals, heavy machinery accidents, slip and fall accidents, construction accidents or burn accidents. If you are injured on the job, it is critical for you to contact a workers’ compensation attorney to help you fight for your rights and the proper compensation for your injuries and lost time at work.

Late last year, OSHA witnessed a Folan employee climbing out of an elevated aerial lift. The employer was attempting to access the roof of Immaculate Conception Church.

Immediately following the observation, OSHA opened an inspection on the company and discovered that the workers lacked sufficient fall protection while working on the aerial lift. OSHA found that the crane had not been inspected annually for defects and a defective wire rope used to lift construction materials had not been inspected as it was recently removed from service. To make matters worse, employees had not received proper training to help them to recognize and address aerial lift hazards. Employees were also exposed to electric hazards from ungrounded electrical equipment and lacked helmets to protect against falling objects.

A company will receive a serious violation when there is substantial probability that serious harm or death could result from a hazard that the employer recognized or should have recognized.

“Left uncorrected, these conditions exposed workers to falls of up to 40 feet, electrocution and being struck by a falling load,” said Jeffrey A. Erskine, OSHA’s area director in Andover. “While it is fortunate that none of these employees was injured or killed, workplace safety should never be a matter of fortune, good or bad. Ensuring the safety of workers means ensuring that proper and effective equipment and work practices are in place and in use every day at every job site.”

The waterproofing and construction company has 15 business days from date the citation was issued to comply, contest the findings before the independent Occupational Safety and Health Review Commission or meet with OSHA’s area director.
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OSHA is revising itsOccupational Injury and Illness Recording and Reporting Requirements regulation. The Federal Register recently published a notice of the reopening.

The Administration is reopening the record in an attempt to call on interested individuals to submit comment on the small business teleconferences that the Small Business Administration’s Office of Advocacy OSHA co-sponsored last month. They’re also asking that individuals submit comment on the issues raised during those teleconferences. OSHA held those teleconferences to collect feedback from small business representatives regarding their experience with recording work-related musculoskeletal disorders in Boston and elsewhere in the United States. They would like to know how these representatives believe they would be directly impacted by the proposed rule. The public was invited to submit comments as well.

Our Boston workers’ compensation attorneys understand that musculoskeletal disorders can oftentimes occur in the workplace as they’re caused by spending long periods of time in the same position, poor posture and repetitive movements. These disorders affect the full length of the spine. These conditions cause serious pain, discomfort and sometimes a loss of productivity on the job. They can oftentimes go unreported as well, meaning that employees may not receive the proper treatment or compensation from employers.

Earlier this year, OSHA proposed a revision to its Occupational Injury and Illness Recording and Reporting Requirements regulation in an attempt to allow employers to check if a work related incident that was previous recorded under the current rules is a musculoskeletal disorder.

This proposed rule does not look to change any of the existing record-keeping requirements regarding when and under what circumstances an employer must record a work-related injury or illness. It would only seek to require that an employer would now mark the musculoskeletal disorder column box on the log if the case that has already been recorded meets the requirements to be classified as a musculoskeletal disorder.

“OSHA is eager to hear from the public on this, and every, proposed rule,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The more feedback the agency receives from small businesses on this topic, the better informed we will be in crafting a proposed regulation that protects workers without overburdening employers.”

Injuries can be recorded if they meet a number of criteria, including days away from work and medical treatment beyond first aid or restricted work performance. The new rule would help to specifically define a musculoskeletal disorder, for record-keeping purposes only, as a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs.

More than 1.5 million recordable musculoskeletal disorder incidents are expected to happen annually and the yearly costs of the proposed rule would be more than $1.5 million, according to OSHA.
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Articles Posted in Boston Work Accidents

Folan Waterproofing and Construction Co. Receives Nine Citation for an Unsafe Work Site in Massachusetts

OSHA Looks at Musculoskeletal Disorder in Work Injury in Boston, elsewhere