Massachusetts Workers Compensation Lawyers Blog

August 6, 2016

U.S. Steel Drops Injury Reporting Punishments

The U.S. Department of Labor recently reached an agreement with U.S. Steel Corp. in which the company agrees to drop its policy of mandating workers immediately report injuries or illnesses or else face swift and severe punishment.

The problem was not so much that the company required workers to report injuries. In fact, that’s what OSHA wants. The issue was the back-handed policy’s negative effect on workers who might not have realized the severity of their condition right away.

That meant that any worker who didn’t report a workplace injury the moment it happened faced retaliation – up to and including termination – for reporting it later. That created an incentive not to report the injury at all, which is exactly what federal regulators do not want. Punishing workers who report injuries is a violation of whistleblower statutes. Continue reading

August 4, 2016

OSHA’s Anti-Retaliation Enforcement Delayed

by Jeffrey S. Glassman

Employers in Boston and throughout the U.S. will have additional time to make sure they are compliant with the new anti-retaliation rules handed down by the Occupational Safety and Health Administration (OSHA).

The agency recently announced it would delay its enforcement of the action, which will have an impact on workplace drug testing and certain safety incentives. Instead of enforcing the action in August, as originally intended, the agency won’t start ensuring those anti-retaliation and record-keeping provisions are in place until November.

The new anti-retaliation rule is part of an effort to block companies from discouraging workers from reporting workplace illnesses or injuries. Continue reading

July 31, 2016

Report: Massachusetts Demolition Workers Injured

by Jeffrey S. Glassman

Demolition workers helping to tear down the former Wollaston Theatre in Quincy, Mass. were seriously injured after they became trapped when a wall fell on top of them.

According to Masslive.com, the incident happened just south of Boston at a place that was once known by locals as, “The Wolly.” It opened in 1926, but was being torn down after it had fallen into disrepair and the site purchased in 2012.

The structural collapse incident at the 90-year-old landmark occurred when a 15-foot wall made of brick and steel collapsed during the demolition process. One worker was trapped on the ground and another hurt his arm after he jumped from a cherry picker. The man on the ground was reportedly stuck under 4 feet of brick and steel. Firefighters believe a steel beam probably saved his life. His torso and below were completely buried. Continue reading

July 26, 2016

Chilean Soccer Fan Allegedly Runs Down Boston Highway Worker and Flees Scene

by Jeffrey S. Glassman

According to a recent news feature from the Boston Herald, a Chilean soccer fan who had been watching the international competition was arrested after he had allegedly hit a construction worker in Boston’s Ted Williams Tunnel and then fled the scene.

Police say that when they caught up with the suspect and pulled him over, he allegedly pretended to blow into the roadside breath test and then told the officer that his wife “looks like a toilet.” Continue reading

July 25, 2016

Fireworks Show Canceled Due to Worker Injury

by Jeffrey S. Glassman

We often hear in the news this time of year about people are injured as result of using amateur fireworks. Even though fireworks are illegal in the Commonwealth of Massachusetts, many people will drive to other states and buy them for use on various holidays including the Fourth of July and New Year’s Eve. While some neighboring states like Pennsylvania will sell consumer fireworks that can spark on the ground, some southern states such as South Carolina will sell mortars similar to the ones used by professional fireworks presenters, though typically much smaller in size.

For many reasons, including the risk of causing personal injury, starting a fire, or being arrested, it is best to leave fireworks to the professionals. However, being a professional pryotechnician or apprentice can be a very dangerous job and one that often results in on-the-job injuries such as the one discussed in a recent news feature from WGN. As discussed in that article, a professional fireworks demonstration was canceled when a fireworks installer was injured while helping to set up for the show. Continue reading

July 22, 2016

Worker Injured in Crane Accident at Medford-Everett Border

by Jeffrey S. Glassman

According to a recent news feature from News 7 Boston, a worker was injured on the Medford-Everett line when a crane flipped over completely. Authorities say the project was located at the border between the two Boston area suburbs at a bridge along the Revere Beach Parkway just north of the city.

It was the end of the workday when workers were putting away their equipment before heading home for the night. The crane with that they were working was not properly balanced and contained around 200 gallons of diesel fuel, which shifted, causing the crane to flip completely over. The operator of the crane was still inside the control cabin when it flipped over, and he was trapped in the cab. He had also broken his arm during the fall. Continue reading

July 18, 2016

OSHA: New Rule to Protect Workers From Silica Exposure

by Jeffrey S. Glassman

Recently, federal administrators issued a long-awaited rule that is intended to reduce workers’ exposure to respirable crystalline silica. Codified in 29 CFR, sections 1910, 1915 and 1926, the new regulations go into effect his year and are intended to drastically slash the amount of silica dust to which companies may expose workers. Additionally, a number of preventative measures will become mandatory.

The goal of the final rule is to slash the risk of lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease – all a risk to U.S. workers who are exposed to silica.

The construction industry has pushed back on these efforts for years – most recently with a study from the Construction Industry Safety Coalition (CISC) opining compliance with the Occupational Safety & Health Administration (OSHA)’s final rule would cost the U.S. construction industry approximately $5 billion a year – almost $4.5 billion more annually than OSHA estimated. However, this change was a long time coming, according to work safety advocates. That’s because silica dust has been known for more than 80 years to be deadly.

U.S. Labor Secretary Thomas Perez did not mince words: “This rule will save lives.” Continue reading

July 14, 2016

OSHA’s New Injury Reporting Rule and Employee Drug Testing

by Jeffrey S. Glassman

Workers’ compensation in Massachusetts is generally what we consider a “no-fault” system. That means that if you are injured on-the-job in Boston, workers’ compensation benefits can still be paid to you no matter how the accident occurred or who was at-fault. But there are a few exceptions to this, and one of the biggest is when the employer has reason to believe the accident was caused by the injured worker’s use of alcohol and/or drugs.

For this reason, companies started to make it standard practice to test workers for drugs and alcohol after an accident. But this has been met with mixed response from the courts. For example, the Ohio Supreme court struck down a part of state workers’ compensation law that allowed employers to automatically test workers for drugs and alcohol after a work injury, finding it a violation of workers’ Fourth Amendment rights against unreasonable searches. Another case in West Virginia resulted in the same finding after a worker who injured his back was ordered to under drug and alcohol screening five days after the work accident.

Now, the issue has been raised again in the wake of the Occupational Safety & Health Administration (OSHA)s newest rules to prompt better reporting of all workplace injuries. Now, effective August 10, 2016, employers across the country are required to have a “reasonable procedure” for workers to report work-related injuries and illnesses both promptly and accurately. The rule forbids this procedure from discouraging or deterring an employee from accurately reporting a work-related injury or illness. Additionally, the rule specifically bars retaliation for a worker who reports workplace injuries or illnesses. Per this new standard, companies that require or request post-accident alcohol and/ or drug testing are going to face down additional scrutiny from OSHA under the new Final Rule to Improve Tracking of Workplace Injuries and Illnesses because such post-incident testing may deter reporting of the injury. Continue reading

July 12, 2016

Conveyor Belt Injury to Worker at Bakery Results in $140K Fine From OSHA

by Jeffrey S. Glassman

A conveyor belt injury at a commercial bakery last year has resulted in a $140,000 fine from the Occupational Safety & Health Administration (OSHA) to a bakery.

According to reports, it was a simple task the resulted in an unnecessary injury. She was reportedly cleaning a conveyor belt and roller in December 2015 when her hand suddenly got caught between the belt and the roller and the machine began to pull her hand. She suffered numerous broken bones in her arm and hand, but thankfully did not have to endure an amputation.

A local OSHA office investigation revealed the company was in violation of the standard hazardous energy control guidelines. Specifically, the machine had not been turned off and locked out of its power source before starting the cleaning. But this wasn’t the worker’s failing. As it turned out, they had not been trained on how to do so.

The resulting injury and hazards were preventable. Continue reading

July 10, 2016

OSHA: Tree Care Industry Work Hazardous

by Jeffrey S. Glassman

It wasn’t long ago that a worker in Leominster, about an hour west of Boston, lost his life in a tree-trimming accident after he reportedly fell out of a tree bucket.

According to news reports quoting police and fire investigators, the landscaping worker was employed by an out-of-town tree service that had been called in by the property owner, who called the company because he had a tree in danger of falling. He needed it to be taken down by professionals. Authorities said the worker had stripped the tree of all its branches and was cutting off the top of the tree when he fell some 50 feet to the ground. He suffered severe traumatic injuries and was transported to a local hospital, where he was pronounced dead.

It’s the kind of incident about which the Occupational Safety & Health Administration (OSHA) warns in its public safety guidelines on the tree care industry. The OSHA Hazard Bulletin on Tree Care Work details the many serious hazards in tree care work. Chief among those: Falls and falling objects. Continue reading