Massachusetts Workers Compensation Lawyers Blog

Officials with the Occupational Safety and Health Administration (OSHA) have recently demanded that Brillo Motor Transportation Inc., a commercial motor carrier located in Massachusetts, reinstate a former employee. They’ve also demanded that the company pay that employee close to $100,000 in back wages and interest, $25,000 in punitive damages and another $10,000 in compensatory damages.

The owners of the company violated the employee protection provisions of the Surface Transportation Assistance Act when they decided to let go of that truck driver back in December of 2010, according to the government’s allegations. They fired him in order to retaliate against his refusal to drive more hours than were allowed by federal standards. In this particular case, the driver refused to drive from Quincy to Milford because he had already exceeded that limit.

Our Quincy workers’ compensation attorneys understand that an employer cannot take action against a worker who refuses to break safety standards. The driver was at high risks for getting into an accident resulting from drowsy driving because of the extensive amount of hours he had already put into his work week.

In addition to that payout, the company has also been ordered to cover the worker’s lawyer’s fees for the complaint, toss out any kind of reference to the firing and to educate all current and future workers about their rights under the STAA.

According to the Federal Motor Carrier Safety Administration (FMCSA), most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.

What is a CMV?

-Any vehicle that weight more than 10,000 pounds.

-Any vehicle that has a gross combination weight rating of 10,000 or more.

-A vehicle that has been made to transport 9 or more people.

-Any vehicle that is involved in intrastate or interstate commerce and carries hazardous materials.

Recent HOS rule additions:

-All 34-hour restarts are required to include two time periods from 1:00 a.m. to 5:00 a.m. or home terminal time. These can only be used once a week, 168 hours, starting from the beginning of the restart time before.

-Drivers can only drive if they’ve served 8 hours of rest since the end of their last off-duty of sleeping time of at least a half hour.

-On-duty time no longer includes time spent resting inside the vehicle.

-Drivers can only drive 11 hours after 10 hours off the clock.

-Drivers are not allowed to drive passed the 14th hour in a row after coming on duty. The next 10 hours have to be rest time.

-Drivers cannot drive after completing 60/70 hours on the clock in 7/8 days in a row.

The truth of the matter is that transportation accidents are the number one cause of death for workers across the nation. These HOS regulations have been set forth in an attempt to lessen the risks of these incidents. Make sure you and your company are following these regulations. It’ll help save lives!
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Boston Mayor Thomas M. Menino recently issued a heat advisory reminding residents, visitors and workers to stay safe out there through the August heat. We’re now entering the third officials heat wave of the season. You’re reminded to stay shaded and hydrated to stay safe.

During this time, employers are also being requested to keep outdoor workers time in the sun to a minimum, especially during the warmest hours of the day, according to the City of Boston.

Our Boston workers’ compensation attorneys understand that heat illnesses can be deadly, and these conditions are threatening to outdoor workers. According to the Occupational Safety and Health Administration (OSHA), there are thousands of employees who get sick as a direct result of overexposure to heat each and every year. And some of these workers even die. Thankfully, these types of injuries and illnesses are completely preventable.

Who is most at risk?

-Landscapers
-Construction Workers
-Transportation Officials
-Builders
-Maintenance Personnel

-Greenhouse Workers
-Anyone who works outdoors in the Massachusetts’ heat.

How to prevent it?

-Make sure that workers are getting water every 15 minutes when working in extreme heat.

-Take a break in the shade to cool down.

– Heat Cramps: Characterized by involuntary muscle spasms, profuse sweating, normal pulse and respiration, possible dizziness.

-Consider wearing a hat and other light-colored clothing.

-Learn the signs and know that to do in the event of an emergency.

-Wear loose-fitting, lightweight clothing. Wearing excess clothing or clothing that fits tightly won’t allow your body to cool properly.

-Keep an eye on your coworkers and others on the job.

-Remember that electric fans may provide comfort, but when the temperature is in the high 90s, fans will not prevent heat-related illness. Taking a cool shower or bath, or moving to an air-conditioned place is a much better way to cool off.

-Consider getting the tougher, more extensive work done during the beginning of the day when temperatures are lower.

-Train employees about heat illness risks and how to protect themselves.

-Remove extra clothing.

What are the warning signs?

-Headaches
-Dizziness
-Disorientation.

-Hallucinations
-Rapid Pulse
-Nausea
If any of these symptoms persist, you should call 9-1-1 right away.

Workers new to outdoor jobs are generally most at risk for heat-related illnesses. For example, Cal/OSHA investigated 25 incidents of heat-related illness in 2005. In almost half of the cases, the worker involved was on their first day of work and in 80% of the cases the worker involved had only been on the job for four or fewer days.

Remember that heat is the number one weather-related killer in the United States, resulting in hundreds of fatalities each year. In fact, on average, excessive heat claims more lives each year than floods, lightning, tornadoes and hurricanes combined. Stay cool out there and stay safe through this heat.
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Officials with The Patrick Administration recently announced that more than $5.5 million was added to the Workforce Training Fund General Grant Program. According to the Massachusetts Executive Office of Labor and Workforce Development, this fund is going to help to provide useful and lifesaving training to close to 6,000 current and newly-hired workers at more than 70 companies across the Commonwealth.

Our Boston workers’ compensation lawyers understand that this grant is going to help to create more than 400 jobs by the end of 2015. But with more job positions come more risks for accidents, which is where the training comes in. The program grants help to better the record investments in worker training and education made in recent years. In the manufacturing industry alone, there has been more than $10 million awarded to more than 115 manufacturers over the last 2 years. Not only will this new grant help this industry, but it’s also hoping to help those in hospitality, engineering and financial services.

Companies have the power to help ensure the safety of all workers!

“…their ability to compete globally depends in large measure on the skills of their workers,” said Richard C. Lord, President and Chief Executive Officer of Associated Industries of Massachusetts.

Under federal law, you’re required to be provided with the proper training to keep you safe on the job, regardless of what job duties you execute. According to the U.S. Department of Labor, officials with the Occupational Safety and Health Administration (OSHA) offer a wide selection of training courses and educational programs to help broaden employee and employer knowledge on the recognition, avoidance, and prevention of safety and health hazards in their workplaces. If ignorance of specific job hazards and of proper work practices is even partly to blame for this higher injury rate, then training will help to provide a solution.

Massachusetts’ Executive Office of Labor and Workforce Development‘s Workplace Safety and Health Training currently provides training on occupational health hazards and indoor air quality problems to public and private employers, groups and organizations.

In addition to the proper training, there are other ways in which your employer is required to keep you safe on the job. They’re also required to make sure that your work space is clear of risks and dangers that could cause serious injury, sickness, illness and even death.

In 2011, there were close to 5,000 workers who were killed on the job across the U.S. In addition to these fatalities, there were close to 400,000 people injured on the job, and many of these accidents could have been prevented if workers were better trained. If you don’t have the proper training to keep you safe on the job, speak up. You should be provided with the proper safety equipment and you should know how to use it, too. Speak up and protect yourself from a costly, and potentially fatal work accident.
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As part of a settlement agreement with the national Department of Labor, officials with True North Hotel Group Inc. were forced to pay more than $22,000 in compensatory damages and back wages to a former employee who was fired from one of its Massachusetts locations after raising workplace safety concerns. According to the Occupational Safety and Health Administration (OSHA), the company has also agreed to educate all of its managers and employees about national whistle-blower rights.

The Massachusetts worker was fired back in October of 2011 after talking with their superiors about some concerns they had regarding safety on the job. After that, the worker filed a whistle-blower complaint with the OSHA. After officials investigated, they found merit to the complaint.

Our Quincy workers’ compensation lawyers understand that every worker has the right to raise concerns regarding workplace and/or health concerns without the fear or termination, demotion or retaliation. When workers are reluctant or fearful to talk about these problems with their supervisors or employers, the dangerous condition could go uncorrected until workers are sickened, injured or killed.

Now, True North is required to post OSHA’s whistle-blower fact sheet in both English and Spanish in conspicuously places at each of its locations. It’s also required to provide training materials for all workers, new-hires and managers.

In addition to giving the employee compensatory damages and back wages, the company will also have to expunge all references to disciplinary actions and termination from his personal file and provide a written neutral job reference should any future employer seek it.

The national Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting workers who report violations of various workplace safety.

Since the OSH Act was passed back in 1970, officials have expanded the whistleblower authority to help to protect workers from being discriminated against for raising concerns. These workers are protected in more than 20 federal laws.

If you believe that your employer retaliated against you because your exercised your legal rights as an employee, contact OSHA and report them as soon as possible because you must file your complaint within the legal time limits.

By law, you have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSH Act created the Occupational Safety and Health Administration (OSHA), which lays out and enforces protective workplace health and safety standards. These officials also provide information, assistance and various training and to employers and workers.

There should never be a time on the job where you feel threatened or unsafe. If so, you have the right to speak up and you have the right to change the dangerous conditions. Speak up now or speak to an attorney to help you to fight for your rights. Your safety relies on it.
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A worker fell one story to his death after he sustained an electrical shock on a local construction site. According to the Boston Globe, the accident happened at the construction site of Quincy’s new Central Middle School.

The man is in Boston Medical Center and was last listen in fair condition. He suffered burns on his forearm as well as a head injury.

Our Quincy workers’ compensation lawyers understand that there are more than 30,000 shock injuries reported each and every year. Working with electricity can be extremely dangerous and result in serious injury and even death. These risks are exacerbated when working at height. There are a number of professions, including engineers, electricians and other professionals who work with electricity directly each and every day. Even office works make contact with various electrical hazards on the job on a daily basis.

But these kinds of accidents are much more common on construction sites. As a matter of fact, officials with the Occupational Safety and Health Administration (OSHA) reports that one of the leading causes of death for construction workers is electrocution. Electrocution actually accounted for about 10 percent (or close to 70 workers) of the total number of construction site fatalities recorded in 2011.

Electrocution, which can lead to death, is caused by any type of electric shock due to exposure to high voltage electricity. Small currents may cause fibrillation in the heart, which can be reversed with a defibrillator. Large currents may cause permanent damage like burns and serious cellular damage.

The exact effect is dependent upon a large number of things including the size of the voltage, which parts of the body are involved, how damp the person is, and the length of time the current flows.

Electrocution injuries are expensive to treat, require lengthy hospitalization and rehabilitation and may lead to permanent disability. The cost of each major case of electrical shock can average between $1 million and $4 million.

And there are plenty of factors that can increase your risks for one of these accidents:

-Downed Power Lines
-Damaged Electrical Lines.

-Improperly Installed Power Lines.

-Overloaded Circuits.

-Wet Conditions and Water Instruction.

-Wiring Issues.

Burns are the most common shock-related injury. Electrical burns tend to be more severe than chemical burns and thermal burns, simply because electrocution burns tend to penetrate the skin more deeply.

Companies that employ any worker whose jobs put them at risk, must provide the proper training, require protective gear, and have safety procedures and regulations in place in order to keep employees safe. If you feel like you’re not getting the proper training and protective equipment you need to complete the job safely, you’re urged to speak up as you have a right to do so. Talk with your employer or your supervisor about safety concerns and any other problems you observe on your job site.
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According to authorities, the owner of a tree cutting company died in a wood chipper accident. The Boston Herald reports that the man was attempting to clean the inside of the chipper when a three-foot long, crescent-shaped metal shield came off and went through his chest.

Officers report that the man was letting two people borrow the chipper and he was showing them how to use it and clean it. The man allegedly stayed alert and conscious after the accident, but later died before a helicopter was able to transport him to a hospital.

Our Boston workers’ compensation lawyers understand that tree trimming and other similar operations are common in the area to keep our landscape looking its best. It’s also a common cleanup effort after a storm. These chippers shred branches and other parts of trees and transform them into mulch. These trees are fed into a chute and are sent through a number of blades to turn them into small wood chips. Unfortunately, these chippers come with some serious risks for operators.

According to the Centers for Disease Control and Prevention (CDC), operators who are injured or killed by these devices oftentimes get caught in the feed mechanism and are pulled into the rotating chipper knives or struck by the hood of the machine while it is being opened or closed with the knives still rotating.

Officials with the CDC looked deeper into these scenarios and these accident reports to see just how serious of a problem this is. From 1992 to 2001, there were more than 2,000 injuries reported from people working with wood chippers. That means that there were more than 200 reported each year during the study. Of the injuries that were reported, more than 45 percent of them occurred to workers who were between the ages of 25 and 34.

In roughly 60 percent of these incidents, the employee involved sustained an injury to one of their upper extremities. From 1992 through 1996, there were close to 200 amputations resulting from these accidents. In about 25 percent of these cases, the person who was injured missed more than 30 days from work as a result.

Close to 20 percent of people who were injured missed less than 3 months and another 20 percent had worked 3 to 11 months.

The truth of the matter is that these kinds of accidents are going to cost you — with medical bills, lost wages, recovery time and more.

According to the Occupational Safety and Health Administration (OSHA), chipper safety devices are available to reduce the risk of “caught-in” or “struck-by” accidents. Some manufacturers have equipped chippers with one or more of these devices. It’s critical to make sure that your wood chipper has these devices and that you’re thoroughly trained in how to use them to help to reduce your risks of an on-the-job accident.
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Being struck by lightning is widely considered to be a relatively rare event, and it is true that lightning strikes are not as common as most types of workplace injuries. However, a publication by the National Weather Service recently took a look at some of the dangers that workers face due to lightning risks.

Since summer is a time when many workers work outdoors, and since summer is also a time when lightning and thunderstorms are common, it is important for every worker and employer to understand the potential chance of injuries due to being struck by lightning. Our Boston workplace injury lawyers know that there is no way to guarantee that lightning will never injure or kill a worker. Still, by learning more about the underlying causes of lightning injuries and about who is most at risk while on the job, employers and employees can take active steps to avoid disaster.

The Risks of Lightning Injuries at Work

According to the National Weather Service’s lightning safety resources, there were 238 deaths in the United States between 2006 and 2010 as a result of lightning strikes. While many erroneously believe that golfers are at the greatest risk of being killed by lightning, the Weather Service instead revealed that fisherman accounted for about three times the number of lightning strikes as golfers. These fisherman could be people out fishing for fun or pleasure, but could also be fisherman employed by food companies or restaurants to catch fish to prepare and serve.

The National Weather Service also indicated that there were certain fields in which worker were in the greatest danger of being struck by lightning while doing their job. For example, some of the high-risk fields for lightning strikes included:

• Ranching/farming: There were 11 deaths from 2006 to 2012 in which ranchers and/or farmers lost their lives due to being struck by lightning.
• Roofers
• Lawn and garden workers
• Construction workers
• Military workers
• Workers aboard barges

Focusing on the risks is very important now as June, July and August are the peak months for lightning injuries and deaths. In fact, a full 70 percent of all deaths due to lightning occurred over the course of these summer months.

Protecting Workers From Lightning Injuries

Workers in any outdoor jobs are always at risk of being struck by lightning when trying to work during a storm. If the incident occurs while a worker is on-the-job, then workers’ compensation benefits should kick in to cover the losses of the injured worker. Workers are entitled to workers’ comp benefits for lightning strikes or other injuries, even if employers are not negligent or careless in a way that causes the worker to be harmed.

Since employers (or their insurers) are always on the hook for paying workers’ comp benefits after a lightning strike occurs, employers should generally do everything possible to prevent workers from getting hurt in the first place. This means complying with OSHA safety rules and being very cautious about sending workers out to perform work in bad weather when a storm can blow in.
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