Massachusetts Workers Compensation Lawyers Blog

It’s been cold and snowy in Boston this winter, creating an increased risk of car accidents and other winter storm dangers. With several more months of winter remaining, our Boston workers’ compensation attorneys urge all employers to heed OSHA’s guidelines on keeping workers safe during bad winter weather.

When issuing its guidelines, OSHA includes a reminder that every employer is responsible for providing a safe workplace and for securing the safety and health of workers. When a worker suffers any type of injury at work, employers can become liable for paying workers’ compensation benefits. Employers, therefore, have strong financial incentive to do everything possible to protect their workers this winter in addition to their moral obligation not to put their employees in harms way.

Winter Danger to Workers
OSHA cites information from the National Weather Service about the types of winter dangers that workers face. According to this data, approximately 70 percent of injuries attributed to winter storms occur as a result of auto accidents. Another 25 percent of injuries occur when people are trapped out in the storm.

Workers are at risk of both types of injuries. Many workers, including those in snow removal and construction, perform work outside during all types of weather. These workers could easily be caught in a winter storm. Workers also routinely drive for work, whether they are bus or truck drivers who drive for a living; salesmen who travel to visit clients; or office workers running necessary errands for their bosses.

How to Protect Workers
To minimize the risk of anticipated dangers from winter storms, OSHA lays out a multi-step process for employers. The steps focus on planning; equipping workers for safety; providing proper training; knowing the warning signs and staying informed.

OSHA addresses storm preparedness first. They advise employers to carefully monitor weather news sources so they can be adequately informed if a winter storm is coming. Employers should be aware of the different types of weather watches and warnings including:

• Winter storm watches: A storm is likely
• Winter weather advisories: Conditions may be dangerous, especially to drivers
• Frost/freezing warnings: Plants and crops could be damaged by the ground freezing
• Winter storm warnings: The storm is entering the area and it is time to take action
• Blizzard warnings: A bad storm is coming
• Wind chill: High winds and cold temperatures combine to make it feel colder than it is.

In addition to paying attention to the different winter weather warnings, OSHA also suggests:

• Preparing vehicles by performing maintenance and inspections and carrying blankets; snow brushes; extra clothes; flashlights; water; and other safety equipment and storm gear.
• Preparing workers to respond in the event a problem develops. This includes helping workers to understand what to do if they are trapped in their vehicles; providing tips for shoveling; training workers on safe removal of downed trees or damaged power lines; training workers on safe snow blower use; and advising workers on how to prevent frost bite or hypothermia when working outside.

By following these and other winter preparedness tips provided by OSHA, employers can hopefully help to ensure that their workers do not get hurt over this cold winter season.
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The weather is cold in Boston this winter, which has prompted the use of fuel burning heaters and which has also prompted most businesses to keep their windows and doors tightly closed. Unfortunately, as more fuel burning equipment is used and as ventilation sources are closed, workers may be at greater risk of becoming injured or suffering death as a result of exposure to carbon monoxide.

In light of recent tragic deaths due to carbon monoxide exposure, and in preparation for ongoing winter cold, the Occupational Safety and Health Administration released an important reminder on January 28, 2013. Our Boston workers’ compensation attorneys want to make sure every employer and employee takes note of OSHA’s reminder to protect workers from the dangers of carbon monoxide. Prevention and exercising reasonable care can save lives and following OSHA’s tips is essential to staying safe.

Winter Carbon Monoxide Risks
According to OSHA, workers die every single year as a result of exposure to carbon monoxide poisoning and many of these deaths occur when fuel-burning equipment is used and/or when carbon monoxide is released into exposed spaces that are lacking in appropriate ventilation.

Recently, for example, a worker in a warehouse in New England was found unconscious and experiencing seizures. The worker was in an enclosed building with windows and doors shut to keep the heat inside, and was exposed to carbon monoxide within the space. Several other workers at the facility also become ill and high levels of carbon monoxide were identified.

Warehouse workers are just one example of the type of worker who may be in danger. Any worker could potentially be exposed to carbon monoxide since carbon monoxide is everywhere. For example, some of the common sources of carbon monoxide include:

• Gas generators
• Space heaters
• Furnaces
• Power tools
• Welding equipment
• Compressors
• Pumps

Gas generators are commonly used during winter power outages, while furnaces and space heaters are also more commonly used during winter than during the warmer months. The added use of fuel-burning equipment in cold months coupled with the fact that many buildings close off sources of natural ventilation by closing windows and doors can explain why this warning is especially important during the winter months.

How to Protect Workers and Stay Safe
OSHA recommends several steps that employers can take in order to prevent carbon monoxide dangers to employees. Tips include:

• Having an effective ventilation system in place
• Avoiding the use of any fuel burning equipment in spaces that are either enclosed or that are partially enclosed
• Making use of carbon monoxide detectors in any locations where fuel-burning equipment is used. The detectors should have an audible alarm
• Maintaining equipment including heaters and generators in good working order
• Performing regular tests on the air in areas where carbon monoxide is likely to be present
• Educating workers about the dangers of carbon monoxide exposure if they are in situations where they are likely to be at risk. Workers should be aware both of the sources of carbon monoxide and of the risk to their health when exposed

Following these safety tips is very important in order to prevent serious injury or death due to carbon monoxide exposure.
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In the United States, homicide is the second leading cause of fatalities in the workplace for women and is the fourth leading cause of workplace deaths for men. With so many workers dying as a result of violence in the workplace, our Boston work injury attorneys believe it is important to do everything possible to understand why workplace violence occurs and how to prevent it.

Recently, a new study was released that can shed some light on this issue. The study is called “An Examination of Strategies for Preventing Workplace Homicides Committed by Perpetrators That Have a Prior Relationship With the Workplace or its Employees.” It was published in the Journal of Occupational and Environmental Medicine in December of 2012.

Understanding Workplace Homicide
The new study divided workplace homicides into four different categories of violent incidents in order to better understand why homicides are occurring. The different categories included:

• Situations where the attacker and the employee who was killed had a personal relationship with each other outside of work, such as being in an intimate relationship.
• Situations where the attacker had no valid connection to either the employees or to the business.
• Situations where the attacker is a customer of the business or a client who receives some types of services or goods/items from the company.
• Situations where the attacker was a past employee for the company

According to the study, there was some type of prior relationship or prior connection in between 12 and 23 percent of workplace homicide incidents. In other words, the attacker usually knows the employees or has a connection to the business.

The study also revealed that while the rate of workplace homicides has gone down overall, homicides committed by people connected to the business have declined at a slower rate than the decrease in homicides committed by people with no business or personal connection.

Understanding who is committing workplace homicides is helpful for employers who want to take steps to make workplaces safer. According to the article describing the study, some protection methods suggested by OSHA for reducing the risk of workplace violence include:

• Putting employees behind physical barriers.
• Making it easier to see into the workplace by improving visibility.
• Adding extra lighting outside of the workplace.
• Using security devices including surveillance cameras.
• Having policies that restrict access to the workplace, including potentially having security guards.
• Avoiding a situation where an employee is working alone.
• Training employees in workplace violence prevention.

Employers should strongly consider taking these steps to prevent workplace homicide. Not only can employers prevent their workers from getting killed at work by taking the proper precautions, but employers can also hopefully avoid a workers’ compensation claim by keeping their workers safe. Workers’ comp claims can be brought in certain cases when workplace violence or homicide occurs and the surviving family members of the victim who was killed can receive a death benefit as well as compensation for funeral costs and other related expenses. Typically, a negligent-security or other wrongful death civil lawsuit would also be pursued.
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Recently, the Massachusetts Coalition for Occupational Safety and Health and the University of Massachusetts released a study on lower income workers. The study involved participants in a variety of different industries including the construction industry; the manufacturing industry; the housekeeping/cleaning industry and the health care/human services industry.

The results of the study indicated that many of the low-wage workers, including those in non-sedentary jobs, were suffering from obesity. The study suggested a possible link between their work environment and their weight problems. Unfortunately, our Boston workers’ compensation attorneys know that obesity can not only be a result of workplace factors but that it can also increase the risk of suffering a workplace injury. As such, we urge all employers and employees to consider the results of this new study and to take action to help fight obesity in the workplace.

The Link Between Low Wage Work and Obesity
The results of the University of Massachusetts’ study showed a clear correlation between working in certain low wage jobs and experiencing struggles with weight. There were several primary factors that could explain this correlation including:

• Time Pressure: Many low wage workers responding to the survey described having limited break time and having to eat at work, making it harder to make healthy eating choices. Further, workers indicated that they were not near to places offering healthy meals while they were working and that when they were at home, time pressures limited their ability to cook healthy meals.
• Psychological stress: According to the study, the psychological stress experienced by many low wage workers due to money fears or bad working conditions caused their cortisol levels to rise. Elevated cortisol levels can increase weight gain.
• Decreased ability to exercise: Many of the low wage workers responding to the study did not have time to exercise and did not have the energy to exercise after a long day of work. Further, many reported that their job took a physical toll on their body or that job related injuries left them in pain and unable to exercise.

For these and other reasons, the low wage workers responding to the survey indicated that they were involved in an ongoing struggle with their weight because of their jobs, despite the fact that their jobs were not sedentary.

Can Obesity Add to Work Injury Risks?
While this study shows that obesity can be tied to work conditions, it is also important to realize that being overweight could also put someone at greater risk of developing a workplace injury. For example, someone who is overweight might be more prone to muscle strains or sprains when performing work. An obese worker may also be more likely to develop a repetitive stress condition since the added weight will put more pressure on the bones and joints of the body.

In the event that a worker does become injured on the job, whether obesity played a role or not, the employer can be responsible for paying benefits through workers’ compensation.
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As baby boomers age, the number of older workers in workplaces may grow as a result. The aging of the workforce creates many wonderful opportunities for older adults to share their lifetime of knowledge and experience with the next generation. However, having a workforce with a larger number of older workers also presents some challenges because older workers tend to have a very different health concerns than those who are much younger.

One area of potential concern is older workers and workers’ compensation. However, a recent report by the National Council on Compensation Insurance indicates that the aging of the workforce is likely to have less of a negative impact on the cost of workers’ compensation claims than most people had originally expected. Our Boston work injury attorneys believe that this information is very important since it can help to reassure employers and insurers that aging workers pose no threat to workers’ compensation costs.

Aging Workers’ and Workers’ Compensation
The National Council on Compensation Insurance released their report in November of 2012. The result is comprehensive and demonstrates some important facts about older workers and the potential for work injury and workers’ compensation claims. For example, the report indicates that:

• The costs for all workers over age 35 are very similar when factoring in duration of payments, treatments per claim made, daily benefits and cost per treatment. In other words, workers’ compensation costs would not necessarily be notably more for a 60-year-old than for a 35 year old.
• While the costs of workers’ comp claims for those over 35 are more than the costs of claims for workers under 35, the higher wages of older employees translate into higher premiums paid by employers. As such, these higher premiums can offset the added expense of workers’ comp insurance for those age 35 and up.
• The rate at which an older person’s mental and physical performance deteriorates is much slower than many people believe.
• Employers are taking extra steps to protect workers, especially older workers, from injury. One example, for instance, may include reducing the weight of heavier items that older worker might have to carry. Some employers go even further and actually provide trainers to teach stretching and treatment for aches and pains.

While all of this data is encouraging, perhaps the most encouraging information for older employees and for the employers who depend upon them is that the deterioration of a person as he or she ages is slower than most people might expect. The National Council on Compensation Insurance delved into this issue, addressing an earlier study that evaluated older individuals in three key areas. The three areas included long-distance running, playing chess and sprinting. The purpose was to test mental and physical capabilities.

The study determined that between ages 35 and 65, the deterioration rate when it comes to long distance running was 27 percent, so a 65 year old was 27 percent less effective in running a long distance than a 35 year old. For sprinting, the deterioration was even smaller at only 18 percent. Finally, there was only a 6 percent decline in ability from ages 35 to 65 when it came to playing chess.

All of this means that older adults are not necessarily any more susceptible than younger adults to suffering work injury that would lead to a work claim. This should help keep Massachusetts’ workers’ compensation costs at a reasonable level while continuing to provide the type of insurance support that people are depending on.
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In November of 2012, the CDC reported that a NIOSH alert had been released. The alert was intended to raise attention about preventing occupational respiratory disease, which can occur as a result of dampness in buildings.

Our Boston work injury attorneys encourage every employer to review the NIOSH alert and to take proper precautions to ensure that buildings are safe. Workers should not be in danger of developing respiratory problems as a result of unsafe conditions in the workplace, and those who do develop respiratory problems should file a workers’ compensation claim to cover their losses.

The NIOSH Alert and Occupational Injury
According to the CDC, NIOSH released their alert because buildings can develop dampness and moisture problems, which in turn can cause workers to develop respiratory issues.

The buildings that NIOSH specifically targeted in its alert include:

• Office Buildings
• Schools
• Non-Industrial buildings

The causes of moisture and dampness in these buildings, according to the alert, can include high humidity indoors; leaks in the roof and windows; and floods, among other potential problems. Whatever the reason, NIOSH defines “dampness” in a building as the presence of excessive and undesirable moisture within the space.

The moisture itself is not the only major concern. Rather it is the consequences of the dampness that NIOSH focuses on. In their alert, for instance, they indicate that building materials can break down as a result of the dampness. Mold, bacteria and fungi are also more likely to grow in a damp environment while volatile organic compounds are likely to break down as well.

When a building is damp and mold and fungus or bacteria begins to grow as a result, this can create serious indoor air quality problems. The extent of the problems and the health risk can depend, to some extent, on the type of mold and bacteria that develop. NIOSH indicates that there are more than 1,000 different species of mold that can grow at different moisture levels. Some types of mold, such as black mold, can be toxic or even deadly.

Of course, there is no good mold, mildew or bacteria growing in these buildings. Mold spores, bacteria and other unwanted organisms can spread throughout a building through the HVAC system, and can be breathed in by workers in the building.

As a result, workers within damp environments may develop a variety of medical problems including asthma, respiratory infection, hypersensitivity pneumonitis, bronchitis, and respiratory infections, among other issues. Those who already have asthma or a respiratory condition will likely see their medical issues worsen as a result of exposure.

NIOSH encourages acting quickly to prevent problems caused by dampness. Workers who have developed respiratory problems as a result of work in damp buildings may also take action. Workers in such cases should be eligible to make a workers’ compensation claim to obtain benefits including payment of medical costs for treatment of any respiratory problems or illnesses they develop.
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On Wednesday January 16, Bloomberg BNA published an article that had some good news for workers. According to the article, some evidence indicates that more employers are placing a premium on worker safety when it comes to managing their workplaces. However, while there is reason to be optimistic, the article also indicated that a wide range of different tools and enforcement mechanisms continue to be necessary in order to protect workers.

Our Boston work injury attorneys were pleased that many companies are recognizing that the safety of workers comes first. We applaud ongoing efforts to make workplaces safer and we encourage all employers and regulators to continue doing everything possible to help prevent work injury.

Labor Department News on Worker Safety
The Bloomberg BNA article included quotes from David Michaels, the head of the Occupational Safety and Health Administration, a division of the U.S. Labor Department. While Michaels acknowledged that it is difficult to identify overall changes, he also commented that he has noticed many employers now recognize the importance of managing for safety.

Managing for safety does more than simply prevent workplace injuries or workplace deaths. Placing a premium on worker safety can also help to make companies more profitable. Michaels believes that more companies are embracing this logic, and points to a specific meeting he had with oil and gas company executives in which one leader of a chemical company indicated that everything else follows when you manage for safety from the top down.

If indeed more and more companies are realizing this essential fact, then it could be good news for workers. While OSHA standards aim to protect employees across different sectors, employers still violate worker safety laws and workplace injuries and fatalities still occur as a result. Although not every accident can be prevented, the number of accidents can be greatly reduced if employers realize that the fate of the company is inevitably tied to creating and maintaining a safe workplace for human capital.

Enforcement Still Needed
While the Bloomberg BNA article contained some good news and painted an optimistic picture for workers, there was also an important reality recognized: while it may be becoming more popular to manage for safety, a large segment of American businesses still do not abide by the rules.

Michaels points out that there are many employers who continue to fall short of OSHA standards, in some cases because they are unaware of the standards or because they don’t believe that correcting a violation is a priority.

A number of tools are used to combat employers who fail to prioritize workplace safety and cooperate with all OSHA requirements. Some of the tools include press releases that publish citations, which are used as a deterrent to prevent other companies from breaking the rules. These and other enforcement efforts should continue to encourage employers to do the right thing. Workers harmed by an unsafe workplace should also make a workers’ comp claim against their employer to ensure they do not suffer undue hardship financially.
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