Massachusetts Workers Compensation Lawyers Blog

The Occupational Safety and Health Administration (OSHA) is a federal program that works alongside state partners to try to make sure that work places are safe for employees of all kinds.

Still, there were more than 4,600 workers killed at work in 2011. This is despite the more than 2,000 OSHA inspectors that are responsible for making sure these areas are safe. They’re supposed to look over the approximate 130 million workers and close to 10 million work sites in the nation. Their inspection and enforcement might not be as effective as it could be because, when you break it down, each health and safety inspector covers close to 60,000 workers.

OSHA has 10 regional offices in addition to nearly 100 local area offices. They have a budget of nearly $585,000,000. Still, thousands are killed and even more are injured each and every year.

Our Boston workers’ compensation attorneys understand that there were close to 41,000 federal inspections conducted in 2011. This in addition to the more than 52,000 state inspections conducted.

The problem is that this organization isn’t big enough to handle the problems of work sites nationwide. For every 100,000 U.S. workers, there were close to 4 who were killed on the job. You might be thinking that 4 isn’t a lot, but when you take into account that there are 130 million workers in the U.S. and you remember that these are human lives that we’re talking about here, you’ll quickly realize that this is a huge problem.

This means that there are close to 15 fatalities a day, or close to 90 a week, throughout America’s work sites.

It’s also important to point out that these newly-released numbers illustrate an increase from the 2009 numbers.

Close to 750 were Latino or Hispanic workers. Close to 15 Latino workers, or 2 a week, were killed on the job.

“Every day in America, 13 people go to work and never come home. Every year in America, nearly 4 million people suffer a workplace injury from which some may never recover,” said Secretary of Labor Hilda Solis.

The most alarming thing about these incidents is that many of them are completely preventable. American workers are on the job chasing the American dream. We all want to go to work, make a decent living, work to provide for our families and make it home safe at the end of the day. .

The truth of the matter is that employers have to do their job, too. Employers are required to make sure that working conditions are healthy and safe for all workers. American workers rely on it. And the safety of you and I depends on it.
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A New England brewery has been cited by officials with the Occupational Safety and Health Administration, (OSHA) which alleges close to 15 seriously violations of its workplace health and safety standards.
The investigation leading to these citations was the result of the late-April death of a worker at the company’s location in Portsmouth. The accident happened when he was using a compressed air line to get rid of the liquid that was inside of the plastic keg. It exploded and hit him — killing him.

The inspection was conducted by the Area OSHA Office. It concluded that the explosion was a result of excess air pressure that came from the cleanout line of the keg. The line didn’t have the proper air regulator that would have cut off the air pressure to keep it under 60 PSI. This is the highest amount of air pressure that should be used and is recommended by product manufacturers. As a result of the recent inspection, officials discovered that workers who were designated to clean the lines were exposed to the exact same kinds of dangers while cleaning out the steel kegs.

Our Boston workers’ compensation attorneys understand that it is critically important that all machinery is used properly on the job. An employer is required to make sure that they know the limitations of all devices and machinery on the job and that employees are properly trained to know this kind of information as well. Because this didn’t happen, the New England brewery was cited for exposing workers to struck-by dangers and also for exceeding the limitation set forth by the manufacturers of the machinery.

“The inability to regulate air pressure when cleaning out kegs exposed employees to a recognized hazard of being struck by debris should the kegs explode due to being overpressurized,” OSHA’s Area Director Rosemarie Ohar said.

Also discovered in the inspection were a number of dangers that were related to confined work spaces, procedures that were incomplete for making sure that machine’s power sources were properly locked out before starting maintenance work on them, for not properly guarding machinery, for not properly storing acetylene and oxygen tanks and for not letting its workers know of specific chromium hazards. Altogether, there were 13 serious violations cited for these various dangers.

With these citations come fines that total close to $65,000. The company has been allotted 15 business days to either pay the penalties, to contest, to comply with the findings and/or meet with a local area director with OSHA.

It’s important that employees take the proper safety precautions when using heavy machinery. Proper safety equipment should be used by all workers in the area. Machinery needs to also be protected. Never should a worker run the risk of injuring themselves when working on heavy machinery properly.
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Students, developers and anyone else who can work a computer is invited to participate in a U.S. Department of Labor challenge.

Officials are conducting a Workplace Safety and Health Challenge. What they’re asking for is a tool that helps to convey the importance or taking the proper precautions to prevent accidents in the workplace and to help employees to understand their rights on the job. There are many ways that you can enter this competition. You can make an app for a smartphone, for internet browsers and even for social networks. It’s all up to you. All you have to do is make sure that it’s submitted by the 30th of November.

“New technologies have the promise of making our safety and health resources even more accessible for workers and employers,” said Dr. David Michaels with OSH.

Our Boston workers’ compensation attorneys understand that recognizing work dangers and recognizing your rights in the workplace are effective ways in preventing accidents in the workplace. While it’s the employer’s job to make sure that each workplace is safe for everyone involved, it’s also important that you’re doing whatever possible to stay safe on the job.

Each Entry Should:

-Make sure that workers understand the importance of knowing exactly what their specific industry’s work hazards and dangers are.

-Make sure that workers of all ages, especially young workers, understand the dangers of their job and understand the serious consequences that stem from on-the-job injuries.

-Provide information regarding safety and health from the Occupational Safety and Health Administration (OSHA). Provide information including standards and regulations for each workplace and for each industry.

-Provide work accident statistics and work-related risks from the U.S. Department of Labor. You can include some of the most commonly experienced work accidents and which industries these accidents occur in. Which people are at the highest risks?

-Help workers to understand their state’s workers’ compensation programs and other government resources for dealing with work accidents. What are you to do in the event of a workplace accident? What are you entitled to under state and federal law? What compensation do you deserve for your injuries?

-How management should address work hazards, including personal protection equipment as well as various engineering controls.

-Help employees to understand the rights that they have in the workplace. You have rights on the job that must be respected by employers and coworkers. What are these rights?

-Help workers to understand their employer’s responsibility toward their safety on the job.

-Include a feature that allows this information to be shared with different parties.

There will be a panel of judges looking through the submissions looking for the most creative and the most defective one. Included in this panel is Jamie Hyneman and Adam Savage from “Myth Busters,” Hilda L. Solis, the Secretary of Labor and Arne Duncan, the Secretary of Education. The first prize winner will get $15,000. Second place will get $6,000 and third place will get a $3,000 prize.
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The Occupational Safety and Health Administration (OSHA) recently announced their preliminary picks for the Top 10 most commonly cited workplace safety and health violations for this year.

“While great progress has been made in safety over the past 100 years, today’s presentation reminds us there is more to be done to make our workplaces safer,” said Janet Froetscher, CEO and President of the National Safety Council (NSC).

Our Quincy workers’ compensation attorneys understand that there are close to 15 people a day, or about 90 people a week, who never get to come home from work. As a matter of fact, there were more than 4,000 workers who were killed on the job in 2011. That means that close to 4 people were killed for every 100,000 full-time equivalent employees. That may not seem like a lot to you, but when you think about how many millions of employees we have here in the United States, those 4 workers per group must be better protected. This most recent statistic shows a slight increase in the number of work fatalities from the previous year.

“Every year in America, nearly 4 million people suffer a workplace injury from which some may never recover. These are preventable tragedies that disable our workers, devastate our families, and damage our economy,” said Hilda Solis, the Secretary of Labor.

Top Safety and Health Violations for 2012:

-Fall Protection: Close to 7,500 violations.

-Hazard Communication: Close to 5,000 violations.

-Scaffolding: Close to 4,000 violations.

-Respiratory Protection: Close to 2,500 violations.

-Ladder: More than 2,300 violations.

-Machine Guarding: More than 2,000 violations.

-Powered Industrial Trucks: Close to 2,000 violations.

-Electrical (Wiring Methods): Close to 1,750 violations.

-Tagout/Logout: More than 1,500 violations.

-Electrical (General Requirements) More than 1,330 violations.

The final report on these violations and the top violations for the year will be published later in December in the Council’s Safety+Health magazine.

Out of the workplace fatalities that occurred in 2011, more than 17 percent of them happened in the construction industry. Out of these accidents, falls, electrocutions, struck by object and being caught in or between were considered as the “Fatal Four.”

In 2011, there were more than 40,500 safety and health inspections made at workplaces across the country. Still, we saw thousands of workplace fatalities.

American workers aren’t here to play games and they’re not waiting around for a free lunch. Employees throughout the country are spending their days and nights working hard to make a real difference. They’re working hard to provide for their families. And they’re working hard to make sure they’re not injured or killed on the job. We hope that employers across the country are doing the same. It’s their job — by law.
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When it’s cold outside, you want to be aware and be prepared. According to the Centers for Disease Control and Prevention (CDC), some of the dangers that accompany cold weather are serious and dangerous, but there are some that you might not be able to spot as easily.

Workers who do their jobs outside are at some serious risks for weather-related work injuries and accidents, especially with the winter season. As the temps continue to drop, we’re asking all workers and employers to be ready, to be prepared and to be safe.

Our Boston workers’ compensation lawyers are reminding workers who complete their job outside to dress in warm clothes. You should always wear multiple layers of loose clothing. Layers not only provides you with better insulation, they also will help you to cool off if need be, by removing layers as you warm up. You should also always wear gloves to protect your hands and a hat to protect your head. You might think that your Northeast blood is conditioned to handle rigid winters, but did you know that you can suffer from weather-related injuries when the temps only drop to 60 degrees?

Potential Injuries from Cold Weather:

-Frostbite: Most of your body parts are prone to frostbite, including your nose, toes, fingers and even ears. This happens when parts of your body freeze. What can happen is that some of the tissue can be damaged — permanently. If you can’t save the tissue after one of these accidents that body part will need to be amputated. One of the best ways to prevent these kinds of injuries is to wear that protective clothing we were talking about. The colder it is outside, the faster frostbite can take hold. Be more cautious outside as the temps drop.

-Hypothermia: This is one of the most serious dangers of working outside in the cold. It’s also one of the toughest conditions to detect. This happens when your body temp drops below 95 degrees. When you start to suffer from this condition, you may start to feel confused and most times people don’t think there’s anything wrong until it’s too late. You’ll usually know when your pulse and your breathing slow, when you stop shivering, when your skin turns a shade of blue and your pupils may expand.

-Trench Foot: This is when your feet are too wet and too cold for too long. The wetness causes your feet to lose out on precious heat. The blood flow can slow and tissue can be irreversibly damaged.

-Chilblains: This can cause your skin to swell, blister, get too red, start itching and even break.

As the temps drop, we’re urging workers to start bundling up. Stay safe and stay warm out there to help to reduce your risks of any cold related work injuries.
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A worker at a Bumble Bee Tuna plant was cooked to death inside of an industrial oven, referred to as a steamer machine. The worker, according to The Examiner, was 62-years-old.

When emergency response teams arrived on scene, the man was pronounced dead. The accident forced the plant to shut down through late last week and over the weekend. The accident is now being investigated by state workplace health and safety officials. They’re looking into how exactly the accident happened. The man had been employed with the company for close to 10 years.

Once the investigation is complete and officials determine the cause of the accident, it will be decided if the plant violated any of the state or federal safety and health regulations.

Our Boston workers’ compensation attorneys understand that factory settings come with a whole heap of dangers and accident risks. It’s the responsibility of the employers and the companies to make sure that all machinery is properly safeguarded. There are federal and state safety and health standards which must be achieved at all work sites. Your safety and your well-being relies on it!

Not only can people be burned to death, but bones can be crushed, sight can be lost and an employee can suffer other lifelong debilitating injuries. The truth of the matter is that the list of possible machinery-related injuries is as long as it is horrifying. This is why it is essential to make sure that all machinery is safeguarded. Moving machine parts can easily injure or kill a person. Luckily, these kinds of accidents are preventable with the proper safety measures.

If you want to stay safe, there’s one thing you’re going to want to remember. If a machine has moving parts that could potentially cause injury, then you’re going to want to guard it. Regardless of how skilled you are the the job that you do, the truth of the matter is that accidents happen and that’s why we safeguard machinery.

What does a safeguard do?

-It must prevent contact between the worker and the dangerous machinery.

-It has to be secure. You don’t want it to be easily tampered with or removed. You want it there, you want it to work and you want it to be sturdy.

-It has to protect the machinery from falling object. You never want foreign objects to get into machinery. Not only could these falling parts become an easy projectile, but they can cause the machine to break, too.

-It shouldn’t create any hazards. A safeguard is supposed to make things safer, not to create more problems. There should be no sharp edges or protruding bolts or anything of the sort on or around your safe guard.

-It shouldn’t interfere. Safeguards should never make your job more difficult or more time consuming.
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It’s almost flu season and there’s a good chance you’re going to get it from work. An inconvenience for some, older workers and those with pre-exisiting conditions may be particularly vulnerable.

That’s why officials with the Occupational Safety and Health Administration (OSHA) are helping employers to reduce the risks of flu on the job, especially in healthcare settings.

Our Boston workers’ compensation attorneys understand that there are employees who perform specific kinds of healthcare duties with patients who might already have the flu. This means that they’re at higher risks for getting the flu. There are a number of safety precautions that need to be taken in the healthcare setting to make sure that the flu virus is contained. Cleanliness might be one of the best ways to help to keep the flu virus under control.

Safety Precautions to Take in the Healthcare Field:

-Make sure that you’re vaccinated.

-Make sure that everyone on the job is practicing good hygiene etiquette; cover your mouth when you cough, make sure everyone is washing their hands and keep work areas tidy.

-If you’re sick, you should stay home. Don’t bring the flu in with you.

-Encourage workers who are feeling ill to go home and rest.

-Make sure that everyone is using gowns, gloves, surgical masks, etc. and are using them correctly.

Pandemic flu continues to be a top concern for employees and employers. This is especially a big concern for healthcare workers. At any time, a pandemic can happen. Back in 2009, there was a pandemic that was considered by the Centers for Disease Control and Prevention (CDC) to be mild, but was still causing some serious challenges for employers and illustrated just how unprepared they were for an event like this. An emergency plan for this kind of pandemic should be a “worst-case” scenario plan, meaning you should be ready to handle anything and everything.

A flu pandemic occurs when a new influenza virus emerges for people having little or no immunity at all and when there is no vaccine. This is a very real threat and officials aren’t able to predict when the next influenza pandemic will happen of how bad it will be.

The healthcare industry has a lot of workers and a broad range of risks. There are emergency responders, pharmacists, physicians, nurses, administrative personnel, mortuary workers, food service individuals, security professionals, aides, technicians, etc. These workers are in a variety of workplace settings too, including outpatient clinics, hospitals, rehabilitation centers, occupational health clinics, surgical facilities and other emergency response settings. This means that the flu virus can spread to a lot of people very quickly. This makes prevention and emergency response much more difficult.

Make sure that there’s a prevention plan and an emergency plan at your job. It’s important that we take care of ourselves to ensure that we can keep working. Keep the workplace clean, make sure everyone is practicing good hygiene habits and that sick workers are staying away.
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According to the Survey of Occupational Injuries and Illnesses of 2011, the state of Massachusetts has the lowest rate of work illnesses and injuries among the New England states that reported their stats.

Massachusetts also has lower rates than the national average, according to the Massachusetts’ Executive Office of Labor and Workforce Development.

According to the Bureau of Labor Statistics, there were about 70,000 work injuries that were reported among the more than 2.5 million private sector employees in 2010. This means that there were about 3 injuries and illnesses that were reported for every 100 full-time equivalent worker. These numbers represent the lowest in the New England area.

Our Quincy workers’ compensation attorneys understand that more than half of the workplace injuries and illnesses that were reported required the worker to take time off the job, a job transfer or a job restriction. It’s important that you make sure that your workers’ compensation is covering you properly if you’ve been injured on the job. You have a right to workplace safety and you have a right to this compensation should you suffer a work injury. It is critical for you to contact an experienced attorney if you’ve been injured to help to make sure that you’re getting the compensation that you deserve.

The Natural Resources and Mining sector reported the most incidents in the top ten major industry sectors. There were more than 6 incidents reported for every 100 FTEs. This sector employed less than .5 percent of the private industry workforce, too. Workers in this sector need to be provided with the most thorough job training and the safest equipment. When these workers are not properly equipped and corners are cut then accidents happen.

The Education & Health Service sector followed closely behind the Natural Resources and Mining sector. This field reported 5 incidents for every 100 FTEs. On the other hand, this industry employed more than 22 percent of the private industry workforce.

Financial Activities reported the very lowest rates for injuries and illnesses on the job. This industry reported an average of 1 report for every 100 FTE. Grant-making, religious, maintenance and repair companies, professional, civic and other similar organizations followed closely behind and reported less than 3 incidents per every 100 FTEs. Throwing all of these together, these sectors employed nearly a third of the state’s total private industry workforce.

Of the more than 3,000 injuries and illnesses that were reported in the state, only about 800 of them (or about a quarter) didn’t require the worker to take any time off of work. The other 2,300 (or close to 75 percent) required employees to take time off of work, to make a job transfer, to endure job restrictions, etc.
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According to the Federal Reserve Bank of Boston and the Executive Office of Labor and Workforce Development (EOLWD), workers in Boston and the Metro north area have high levels of schooling and also have the largest share of young residents and employees in the area.

This is a plus that is balanced out by the fact that close to 15 percent of the working-age residents in the area don’t have a high school diploma. According to the Massachusetts Department of Labor, the recent report, titled “Labor Market Trends in the Boston/Metro North Region,” illustrates the need for the area to step up its availability of post-secondary education to help workers gain the tools they may need in various career fields. This is especially important at the community college level.

In the Boston and the Metro North regions of the state, it’s critical that state officials work to create and build both educational and career paths for young adults.

Our Boston workers’ compensation attorneys understand that Boston and the metro area have a large population of younger residents and younger workers. A lot of regions of Massachusetts face the demographic challenges of a population that’s aging. In contrast, the Boston and Metro North regions have the largest concentration in Massachusetts of employees and residents who are under the age of 35. According to the most recent reports, close to 50 percent of our region’s labor force fell into this category — workers under the age of 35. This young age group only accounts for about a third of the labor force throughout the entire state so you can see how many we have locally. These young people who live in the area are also likely to be well-educated. As a matter of fact, a good number of them already have at least a Bachelor’s Degree.

These young people are disproportionately unemployed though. People who are between the ages of 16 and 24 accounted for the largest share of jobless people among the different categories of young residents. According to recent reports, these young workers accounted for about 30 percent of all of the unemployed people even though they only accounted for about 17 percent of the civilian labor force in the Boston and the Metro North regions.

Thomas M. Menino, the Mayor of Boston, says that he and officials in the area have directed the city’s investments into the struggling labor market. They’re focusing on making sure that everyone is benefiting from the economic successes in the area. The area is working on strengthening the power of the younger and more educated workers, but Menino stresses an importance of making sure that everyone in the area has a job.

It’s important that workers are in a position that they’re able to handle. Regardless of education, degrees and other schooling, workers need to be properly trained in the jobs they’re required to complete at work. Employers are required to make sure of this and to make sure that everyone is provided with the safety equipment needed. Make sure you’re getting the right education on the job not only to make your day run a little smoother, but to help to eliminate your risks for an accident, too!
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