Massachusetts Workers Compensation Lawyers Blog

December 22, 2013

Massachusetts Teens and Seasonal Employment

With the holiday season, younger members of our family are enjoying time away from school and many of them are picking up seasonal positions at some of our local businesses to earn some extra money. During this time, it’s important to remind these young workers that they have rights on the job and their employer has the responsibility to provide a safe workplace. It’s also important to make sure that they follow the limits and regulations regarding what these workers can do on the job.

Before your teen heads out for holiday work, make sure you discuss their rights to help them to ensure safe seasonal employment.

Our Boston workers’ compensation lawyers understand that not only must employers provide a safe workplace and comply with OSHA standards to prevent injuries and illnesses, but they’re also required to train new workers on job hazards and safe work practices in a language they understand. Employers must also pay for most types of required safety gear. Although employment of teens provides many benefits, the potential for serious injury and death must not be ignored or denied. Teenage workers are killed or seriously injured at work each year. Employers, teens and parents must increase their awareness of the laws governing child labor and take a proactive approach to ensure all teens are afforded the right to work safely, according to the U.S. Department of Labor’s Young Workers site.
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December 19, 2013

East Boston Construction Worker Killed in Recent Accident

by Jeffrey S. Glassman

In a recent East Boston work accident, a man was killed by a 12,000-pound beam. According to the Boston Globe, the beat fell onto the man at Boston Bridge & Steel Inc., located on Marginal Street just after 6:00 p.m. He was pronounced dead at the scene.

“A large piece in an arch shape shifted on the worker, trapping him underneath,” said Steve MacDonald, a spokesman for the Boston Fire Department.

Our workers’ compensation lawyers in Massachusetts note officials have concluded there was no foul play involved in this accident, but that doesn’t mean there was nothing that could have been done to prevent it. We also understand that this is the second accident involve an industrial worker death in five days in the city of Boston. Just days before, another was killed at a Downtown Crossing work site. This worker was serious injured by a scissor lift at roughly 2:00 p.m. and later died of the injuries.
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December 16, 2013

Medford Post Office Cited for Employee Death

by Jeffrey S. Glassman

After a U.S. Postal Service worker was killed in a heat-related accident, officials with the Occupational Safety and Health Administration (OSHA) are taking action. The accident happened to a letter carrier from the Medford office at the Forest Street post.

The accident happened back in July when the worker was walking his route for about 5 hours in the 90+ degree weather. At that time, the heat index was at roughly 100 degrees. He was carrying a 35-pound mail bag. On that day, officials with the National Weather Service had issued a heat advisory for the area. The service worker died the next day from heat stroke.

Our Medford workers’ compensation attorneys understand that heat-related illnesses, injuries and deaths can be prevented with the proper knowledge of the condition. All workers and employers should be able to recognize the symptoms of heat-related stress and also how to respond to the problem. In this Medford accident, the Postal Service knew of a heat warning in the area, but did not relay the information to its carriers. If they would have passed on this information, precautions could have been made and this death could have been prevented.
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December 12, 2013

Chemical Standards Critical to Protecting Employees from Exposure Injuries

by Jeffrey S. Glassman

Officials with the Occupational Safety and Health Administration (OSHA) recently announced a request for information seeking public comment on potential revisions to its Process Safety Management standard and related standards. The government agency is also looking for input regarding other policy options to prevent major chemical incidents.

The RFI comes as a response to executive order 13650. This order looks to improve chemical facility security and safety. It was issued in the wake of the April 2013 West, Texas, tragedy that killed close to 20 workers in an ammonium nitrate explosion.

Our Boston workers’ compensation lawyers understand that there are as many as 100,000 deaths and 390,000 injuries each every year as a result of exposure to toxic chemicals in the workplace. If there are toxic chemicals, wherever they may be, officials with OSHA regulate how they should be handled and in what quantities they are allowed. Unfortunately, employers aren’t always on the same page. The five main components of the OSHA’s Hazard Communication (Hazcom) standard are hazard evaluation, a written hazard communication program, material safety data sheets (MSDS), labeling and other hazard warnings, and employee information and training.
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December 10, 2013

Employee Whistleblower Complaints and Worker Rights in Massachusetts

by Jeffrey S. Glassman

If you witness a problem at your place of employment and you feel like you’ve been treated unfairly, there’s a new and easier way for you to report it. According to officials with the Occupational Safety and Health Administration (OSHA), you can now file complaints online. This online form is going to allow workers who have been retaliated against in any way to reach out and get help from officials with OSHA.

“The ability of workers to speak out and exercise their rights without fear of retaliation provides the backbone for some of American workers’ most essential protections,” said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.

Our Boston workers’ compensation lawyers understand that whistleblower laws are in place not only to protect our nation’s employees, but to also protect the public at large. Before, employees across the nation could only file a complaint to OSHA by writing in or calling their hotline. Now they can file a whistleblower complaint online.
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December 4, 2013

OSHA Lists Top Workplace Violations of 2013

by Jeffrey S. Glassman

Officials with the Occupational Safety and Health Administration (OSHA) recently released their list of the most frequently cited violations across the nation. According to Safety and Health Magazine, citations regarding fall protection were the most common throughout the year. More than 8,200 of these citations were issued, which serves as about 1,000 more than last year.

In second, hazardous communication. The Hazard Communication Standard (HCS) is now aligned with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This occupational safety and health standard is intended to address comprehensively the issue of classifying the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees, and to preempt any legislative or regulatory enactments of a state, or political subdivision of a state, pertaining to this subject. There were more than 6,100 citations issued for violating this standard in workplaces across the U.S.

Our workers’ compensation lawyers in Massachusetts understand there are very strict guidelines in place. Unfortunately, companies and employers don’t always follow these guidelines and standards and, in turn, risk the safety and health of their employees. Employees are required to provide a workplace free from serious recognized hazards and to comply with standards, rules and regulations issued under the OSH Act, according to the United States Department of Labor (DOL).
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December 1, 2013

Fencing Company Fined for Endangering Massachusetts Employees

by Jeffrey S. Glassman

Officials with the Occupational Safety and Health Administration (OSHA) recently cited a Massachusetts fencing company more than $82,000 in fines for 14 serious and repeat violations for putting workers’ safety and health in jeopardy. The Richmond Hill-based company was fined for dangerous work conditions observed at its Marlborough, Massachusetts location. Officials with OSHA’s Andover Area Office kicked of an inspection into the location following a July complaint.

“These conditions exposed workers to struck-by and crushing injuries, electric shock, laceration hazards, being caught in operating machinery, hearing loss and exposure to hazardous chemicals,” said Jeffrey A. Erskine with OSHA.

Our Marlborough workers’ compensation lawyers understand that this wasn’t the only problem that OSHA officials have had with the company. Earlier in the year, the company’s Wingdale, N.Y. plant was cited with some of the same violations. These violations included lack of blade guards and anti-kickback devices, table saws lacking blade guards and a violation for a table saw that lacked proper electrical grounding. With these New York violations, the company was cited more than $35,000 in fines. And many of these were repeat violations, meaning that the company was already cited for the problems at least once in the last five years.
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November 28, 2013

Massachusetts Work Injuries to Increase with Improving Economy

by Jeffrey S. Glassman

Officials with the Executive Office of Labor and Workforce Development (EOLWD) recently announced that the preliminary statistics from the Bureau of Labor Statistics’ (BLS) indicate the state of Massachusetts was able to add more than 9,000 jobs in the month of October and that the total unemployment rate was roughly 7 percent. .

Since December of last year, employers in the state of Massachusetts have added more than 52,000 jobs in the private sector.

Our workers’ compensation lawyers in Massachusetts understand that there were close to 4,500 fatal occupational injuries to private sector wage and salary workers, government workers, and self-employed workers last year. Because of a lack in funding and as a result of the government shutdown back in October, officials with the BLS had to redo the estimates of these fatal accidents. Recently, officials with the EOLWD had to re-report on the August and September statistics.
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November 24, 2013

Updated Work-Safety Regulations Critical to Modernized Workforces

by Jeffrey S. Glassman

Officials with the U.S. Department of Labor recently announced four new rules that aim to help business owners. The new rules aim to reduce regulatory burden on employers by updating or rescinding unnecessary rules, regulations and requirements.

The Occupational Safety and Health Administration (OSHA) updated and reworked the federal standard for employees using mechanical power presses. These rules were finalized and published in the wake of the Obama Administration’s efforts to modernize the regulatory system and reduce unfair regulatory burdens.

Our Boston workers’ compensation lawyers understand that both employers and workers need to focus on what is most likely to keep them safe. Outdated and unnecessary regulation detracts from the time, energy and focus where it is needed most.

Visit regulation.gov today and submit your comments on proposed regulations and related documents published by the federal government.
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November 20, 2013

Boston Black Friday Accidents: OSHA Warns Retailers of Dangers

by Jeffrey S. Glassman

The holiday shopping season is upon us and is about to kick into high gear with Black Friday. Officials with the Occupational Safety and Health Administration (OSHA) are encouraging retail employers to take precautions to prevent workplace injuries during these kinds of sales events.

This year is a special holiday as it marks the fifth anniversary of the death of a worker killed when his store opened its door for its annual Black Friday shopping event. Back in 2008, the employee was trampled to death as customers bombarded the store in search of holiday sales. This year, OSHA officials are asking retailers to take the proper precautions and to review crowd management strategies to make sure that this doesn’t happen again.

Our workers’ compensation lawyers in Massachusetts understand that OSHA has been sending letters out to major retailers across the country to help to warn them of the risks associated with Black Friday and with large crowds. But those letters are useless if employers don’t take action. Review the following before launching your Black Friday sale and help to keep everyone, including your employees, safe.
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