Massachusetts Workers Compensation Lawyers Blog

“It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality. We are asking employers to send a clear message to workers and supervisors that your company neither requires nor condones texting while driving,” said David Michaels, Assistant Secretary of the Occupational Safety and Health Administration (OSHA).

In 2010, there were more than 3,000 people killed and another 416,000 injured in distracted driving accidents. When a driver is engaging in business on their cell phone behind the wheel, their reaction time is delayed significantly. Their reaction time is about the same as a person who is legally drunk. The truth of the matter is that more text messages lead to more accidents.

Our Boston workers’ compensation attorneys understand that a number of studies prove that drivers who read text messages behind the wheel take their attention off of driving for an average of 4.6 seconds. When you’re traveling at 55 miles per hour, that means that you can drive the entire length of a football field without ever setting eyes on the road. And that’s mostly the reason why more workers are killed each year in motor vehicle accidents that from any other cause.
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Officials with the U.S. Department of Labor have ordered Pan Am Railways Inc. to pay out $50,000 to an injured worker for punitive and compensatory damages. They company is also required to take corrective action after being accused by the worker of lying after he filed a Federal Railroad Safety Act complaint with the department’s Occupational Safety and Health Administration (OSHA).

The employee, who works in the New England area, previously filed a complaint with OSHA (in December of 2011) and states that the railroad had subjected him to disciplinary action earlier in the year after he reported an unsafe work area and an injury. Shortly after the complaint was filed, the work was given a disciplinary hearing. The company believed that the employee made false and incorrect statements to OSHA. Such adverse action can intimidate employees from exercising their FRSA rights, even if the charge is later dropped, as it was in this case.

Our Massachusetts workers’ compensation lawyers understand that workers have a legal right in the U.S. to file a whistleblower complaint with OSHA without fear of retaliation or discipline. When employers respond to these complaints with disciplinary actions and threats, it is completely unacceptable and illegal.
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Officials with the Occupational Safety and Health Administration (OSHA) have recently signed an alliance with the National Association of Women in Construction to develop training materials to help protect the women who work in the construction industry. The alliance is going to be focusing on sanitation and musculoskeletal risks as well as issues related to poorly-fitted personal protective equipment (PPE).

“We will work together to forge innovative solutions to improve the safety, health and working conditions for women in the construction trades and retain female workers during a critical time of job shortages in this industry,” said Dr. David Michaels with the Occupational Safety and Health Administration.

Our Boston workers’ compensation lawyers understand that different workers may require special attention and assistance to complete a job safely. The aim of this new alliance is to provide fact sheets, training programs and special outreach resources for problems women may face on construction sites across the nation. The alliance also unveiled the new Women in Construction web page. This is a site that not only outlines, but also addressed certain health and safety issues that are specific to female workers.
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The parents of a construction worker who was killed in a New York City crane accident have settled their wrongful death lawsuit for $1 million. According to the Boston Globe, the insurance company, Liberty Mutual, agreed to settle the wrongful death suit that was filed by the 30-year-old’s parents, Colleen and Michael Simermeyer.

The company in question, Yonkers Contracting, was handed 10 violations and was charged with close to $70,000 in fines because of the accident. According to Daily News, the young worker was crushed when a huge tractor crane collapsed at the Metropolitan Transportation Authority’s No. 7 subway extension project in Manhattan back in April 2012.

Our Boston workers’ compensation lawyers understand that investigating officials noticed that the cable holding the 160-boom was frayed before it snapped and took the life of the young worker. Investigators have determined that this accident could have been prevented if the company had taken the proper safety procedures beforehand. However, Yonkers Contracting is contesting the findings.
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A landscaping working who was trimming branches in Holliston recent died after he was severely burned when his chainsaw made contact with a power line. According to the Boston Globe, the 26-year-old worker was completing duties in a bucket truck when the accident happened.

According to Deputy Fire Chief Jim Moore, the man was burning in the bucket when emergency responders arrived at the scene. Another employee from the commercial tree cutting company had to push the bucket away from the electrified line so fire fighters could free the man. He was transported to Massachusetts General Hospital and treated for major burns, but later died.

Our Holliston workers’ compensation lawyers understand that electrical injuries can be caused by a wide range of voltages but the risk of injury is generally greater with higher voltages and is dependent upon individual circumstances. As there are many stages of an electrical injury, including electric shock, electrical burns, loss of muscle control and thermal burns, they’re all very serious and oftentimes deadly.
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Job seekers and incumbent employees in the state of Massachusetts are soon getting a safety makeover. Thanks to the Workforce Competitiveness Trust Fund and the Patrick Administration, close to $5 million has been allotted to improve the skills and training of these individuals. This is not going to help to get people back to work, but it’s going to help to make sure that their safe on the job.

According to the Massachusetts Department of Labor, this program and these funds are designed to bridge the gap between the skills of workers and the skills that employers require (especially those that require more than a high school diploma, but less than a 4-year degree).

Our Boston workers’ compensation lawyers understand that it’s critical for all workers, regardless to scholastic education level, to be properly trained for each and every job position that they hold. With these funds, we’re hoping that each and every employee gets a thorough on-the-job education to help to eliminate the risks of accidents, injuries and fatalities at work. Each year, there were more than 4,600 people killed on the job in the U.S. in 2011. That means that there were close to 13 work-related fatalities recorded each and every day.
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It’s hot and dry out there, and while we may not think about it often, this serves up some serious risks for wildfires. According to the Occupational Safety and Health Administration (OSHA), being educated and prepared for these kinds of disasters can help to protect against the destructive impact of an outdoor fire.

These conditions are particularly dangerous to those who respond to emergencies and those who help in recovery efforts. Some operations, such as utility restoration, cleaning up spills of hazardous materials and search and rescue, should only be executed by employees who have undergone the proper training, equipment and experience.

Our Palmer workers’ compensation lawyers understand these warm, dry conditions and the right kind of vegetation consist of the three ingredients that make the perfect recipe for wildfires, like the one recently witnessed in the southwest part of the state.
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We all shop here: Wal-Mart. But unfortunately, the popular nationwide store is guilty of more than offering price-match guarantees and low everyday prices. Wal-Mart Stores, Inc. was recently cited by officials with the Occupational Safety and Health Administration (OSHA) for some serious health concerns, and as a result the company has agreed to improve health and safety at it’s close to 3,000 Wal-Mart and Sam’s Club stores that are under federal jurisdiction.

It all started from two enforcement cases in 2011. They were to enhance safety around cleaning chemicals, trash compactors and hazard communications, but also to improve the company’s overall health and safety practices.

“This settlement will help to keep thousands of exposed Wal-Mart workers safe and healthy on the job,” said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.

Our Boston workers’ compensation attorneys understand that the smallest of companies up through even the largest need to keep employee and work site safety as a number one priority. It’s federal law. Unfortunately, Wat-Mart wasn’t standing tall and so was putting its workers at some serious risks for accidents.

With the new settlement between Wal-Mart and OSHA, the company will not keep trash compactors locked. They’re also not allowed to be used unless the operator is being supervised by a trained manager or other trained personnel. The company will also now be working to better its hazard communication training and will be ensuring that safety procedures are more effective.

Wal-Mart spokesman Randy Hargrove said the company immediately addressed the problems as soon as it was made aware of them.

A summary of this agreement will be posted in each and every one of the Wal-Mart stores affected.

And all of this stemmed from two separate inspections carried out at the company’s Supercenter in Rochester, New York back in August of 2011.

According to USA TODAY, the retailer has agreed to pay close to $200,000 in fines over safety violations that were found during inspections at a Rochester, N.Y., area Supercenter. The fine was almost half of the $365,500 initially proposed by OSHA officials.

Wal-Mart’s website states, “Conducting our business in compliance with all health and safety laws is crucial to protecting each other from harm.” While that may not have been their top concern when the initial inspections were conducts, you can be sure that employers will be working harder this time around, to save the time and headache of an accident, injury, citation and even a significant fine.

The agreement covers 2,857 stores in the 28 states that follow OSHA recommendations.

Wal-Mart, which is the largest private employer in the world, has been cited in more than 100 OSHA reports of health and safety violations over the last five years.

Shares of Wal-Mart Stores Inc. dropped 3 cents to finish at $77.37 on Wednesday.
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