Massachusetts Workers Compensation Lawyers Blog

Fishers and those who work in the fishing industry face some of the most dangerous working conditions. They face higher fatality rates than any other work position in the nation.

They’re required to work long hours under some of the harshest conditions. They stay on their boats for sometimes months at a time with little to no sleep to complete their job. They’re tossed around by the rough seas and the wind and are exposed to the elements. Weather? Doesn’t matter for fishers. The job must go on. And medical treatment? It’s not often available on the boat with only the Coast Guard to rely upon in case of emergency. All of these conditions contribute to the alarmingly high rate of work injuries and fatalities faced by these brave workers.

According to the United States Bureau of Labor Statistics (BLS), the fatality rate for these workers is more than 302 per 100,000 full-time workers. That’s more than 50 times the all-worker fatality rate, which is less than 4 per 100,000. From 2003 to 2009, there were more than 45 fishers and related workers who died each year in the field.

Our Boston workers compensation attorneys understand how important the fishing industry is in the New England area. Those who work in this industry meet the high demand of the public and do what it takes to make a living and support their families. In 2009, there were more than 30,000 fishers and related workers who were injured on the job.

From 2003 to 2009, there were roughly 610 workers in this industry who were injured badly enough to require days away from work. Contact with objects and overexertion were the leading causes of these injuries. Most of these workers experience sprains and strains or injuries that involved the trunk as the body part affected. For this industry, the rate of on-the-job illnesses and injuries that resulted in days away from work for these workers was more than 72 per 10,000 full-time workers in 2009.

Top 5 States for Industry Fatalities:

-Alaska: 70 fatalities.

-Massachusetts: 49 fatalities.

-Florida: 29 fatalities.

-Louisiana: 25 fatalities.

-Oregon: 25 fatalities.

Of the fishers and related workers who died on the job from 2003 to 2009, nearly half were self-employed. The rest were salary and wage workers. In a few cases, these workers do their job from their own boat. Most times, these workers are part of a fishing and production company that has a crew.

Fishing is a seasonal occupation, too. Not all fish, including shrimp and crabs, are available year round. It almost seems though, that when one of these fishing seasons is over, it’s time to gear up for another one and the cycle continues.
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You might think of Labor Day and only think about a day off work, but the truth of the matter is that it’s so much more important than that!

Labor Day represents the creation of the labor movement and is used to commemorate economic and social achievements of workers throughout the nation. It’s celebrated during the first Monday of every September and it’s used to recognize the contributions that workers have made to the prosperity, strength and well-being of our country, according to the United States Department of Labor (DOL).

Our Boston workers’ compensation attorneys understand that this holiday has been celebrated for more than 100 years now. Some say that it was started by Peter J. McGuire, a co-founder of the American Federation of Labor and general secretary of the Brotherhood of Carpenters and Joiners, while others believe that it was launched by Matthew Maguire, later the secretary of Local 344 of the International Association of Machinists.

The first Labor Day that was recorded was celebrated on Tuesday, the 5th of September in 1882. It happened in New York City to be held with the Central Labor Union. The second Labor day was held by the Central Labor Union just a year later, on September 5th of 1883.

Labor Day Facts You May Not Have Known:

-First Labor Day festivities included a picnic, speeches, and lot of of cigars, Lager beer kegs… mounted in every conceivable place.

-In many countries, Labor Day is celebrated as International Workers Day or May Day on the 1st of May. This holiday was originally spawned by Europe’s proletariat movement.

-Many still argue who started the first Labor Day holiday.

-The first Labor Day celebration in the United States was designed as a way to appease city workers after they had conducted a number of strikes. Many of these strikes ended in severe violence.

-Oregon was the first state to declare Labor Day a state holiday. Following Oregon was New York, Colorado, New Jersey and Massachusetts.

-President Grover Cleveland declared the first labor day on Labor Day in 1894. it has been celebrated on the first Monday of every September ever since. The long weekend help people to travel and celebrate the holiday the right way.

-Fashionistas use the Labor Day holiday to stop all wear of the color white. That’s right guys, you too!

-Labor Day is also the unofficial end of the summer season. This is also when many school districts start up their school year again.
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Teens and young adults use their summer break to join the workforce and earn some extra money while they’re out of school. According to the most recent statistics from the United States Bureau of Labor Statistics (BLS), the number of workers between the ages of 15- and 25-years-old increased by nearly 20 million from just April to July of 2012. This is an increase of more than 2 percent. These statistics mean that more than half of individuals in this young age group were a part of the U.S. workforce during the month of July.

During these months, we see the largest increases in young employees on the job. High school students seek summer work and newly-graduated students look for their dream job and permanent employment. Kids heading off to college area also looking for part-time or full-time employment to help make ends meet.

Our Quincy workers’ compensation attorneys understand that the rise in the number of young workers usually means a rise in the number of accidents among them. These workers are some of the most vulnerable in the workforce. They oftentimes hold job positions in dangerous fields.

During this time, nearly 65 percent of young men were employed while nearly 58 percent of young women were employed. Nearly 63 percent of young whites were employed, nearly 55 percent of young blacks were employed, more than 43 percent of young Asians and more than 57 percent of young Hispanics were employed during this time.

More than a quarter of the youth who were employed worked in the leisure and hospitality sector. This includes restaurants and other food services. Close to 20 percent of youth who were employed during this time worked in the retail trade industry. This is a figure down slightly from 2011.

There were 4 million youth unemployed during this time, which is down a little from the 4.1 million just a year ago. This means that the unemployment rate for this young group was just over 17 percent in July of 2012.

Parents are asked to talk with their teen worker about the rights that they have on the job. Knowledge and education are key in keeping the workplace safe. Share the following rights with your teen before they head back to work.

Rights as a youth worker in the U.S., according to Youth at Work:

-Work in a discrimination-free work place.

-To work without harassment or the fear of harassment.

-To be able to speak up about job discrimination without the fear of punishment.

-To be able to request workplace changes for your religion or disability.

-To keep your medical information private.
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Officials with the Occupational Safety and Health Administration (OSHA) recently cited JC Silva Remodeling Services LLC for various fall hazards at on of its New England work sites. The inspection into the work site came after a fatal work accident in February in which a worker fell from the roof as he was removing and installing skylights.

“This death was needless,” said OSHA area director Robert Kowalski. “Especially disturbing is the employer’s recurring failure to adequately protect its workers against the number one killer in construction work.”

Our Boston workers’ compensation lawyers understand that fall protections is one of the more beneficial safety precaution that an employee can take for construction workers. Many times, workers are required to work at dangerous heights. One false move can turn into a fatal accident. In the recent accident with JC Silva Remodeling Services LLC, the employee was working as much as 40 feet from the ground. Not only were the employees not offered the proper fall protection, but OSHA officials also observed that employees were working with a damaged and faulty ladder to access the roof.

There wasn’t just one work site that was busted for putting employees at risk though! Another work site in a completely different city was noted for exposing workers to falls of up to 20 feet from the roof and for using scaffolds without the proper fall protection. OSHA officials also discovered that employees were using damaged ladders and that superiors and trained personnel were not trained to proper inspect equipment for defects.

It gets even worse. A third site was inspected by OSHA officials and inspectors discovered that there was a worker who was working nearly 20 feet above the ground who wasn’t secure with the proper fall protection. He was wearing a lifeline and a safety harness, but it wasn’t proper anchored to the roof. To make it even worse, the line was more than 20 feet long and would have failed to prevent the employee from hitting the ground should he have fallen.

Employers are urged to look over their fall protection equipment and procedures. There should be a plan in place to help to make sure that workers are always protected. Workers should also be trained in ways to recognize fall dangers and in ways to prevent them. Before evening beginning a job, employers need to analyze a job to determine exactly what safety equipment will be needed to help to protect workers. Once the equipment is identified and acquired, it is a must to make sure that the equipment itself is inspected thoroughly.

JC Silva Remodeling Services LLC has been placed on OSHA’s Severe Violator Enforcement Program. This means that officials can conduct follow-up inspections as they wish to make sure that the company is keeping up with current safety standards.
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Franklin Non-Ferrous Foundry Inc. has been sited with four willful and serious violations after officials with the Occupational Safety and Health Administration (OSHA) conducted an inspection on the company’s New England office. The company was cited for breaking workplace health and safety standards and is now facing nearly $190,000 in fines. The inspection was opened back in January to monitor the abatement of hazards cited by the agency in 2009.

The most recent inspection that OSHA officials conducted concluded that there were a couple of employees who were being exposed to alarmingly high levels of lead while they were completing foundry operations. Officials also notices that the company did not practice sufficient controls to help to reduce the levels of lead exposure to its employees. It was also noted that management didn’t conduct any additional lead exposure monitoring when the site’s ventilation system wasn’t working. Workers were also observed not using the proper respirators when needed. Lastly, the company is in trouble for making not sure that the ventilation system’s gauge was measuring properly. This is one of the most important factors in helping to reduce the risks of lead exposure.

Our Boston workers’ compensation attorneys understand how critical it is to make sure that workers are safeguarded against any risks of lead exposure and other related hazards. Franklin Non-Ferrous Foundry Inc. has been cited more than 50 times by officials with OSHA since 1998. The company continuously chooses to disregard its safety standards and continues to put employees in serious risks. Officials with OSHA say that the fines are quite large to not only reflect the severity of the dangers, but because of the company’s complete disregard to these hazards.

The company was also slapped with a serious violation for overexposing workers to airborne copper as they were completing pouring operations as well as not having the proper controls in place to help to reduce this exposure in the first place. A serious violation results from a hazard that OSHA officials feel that the employer should have known about, which shows complete disregard on behalf of the employer.

Companies and supervisors are required to inspect work areas before, during and after a job. Inspections before the job should be used not only to make sure that the proper equipment is available, but to make sure that the proper protective equipment is available. Worker safety should be a top concern of everyone on the work site.

Officials with OSHA have put the foundry company in sync with the Administration’s Severe Violator Enforcement Program. This program allowed officials to conduct follow-up inspections to make sure that the company is in compliance with the law and safety standards. This program is used to help ensure that companies that have repeatedly broken these laws is doing their job to make the workplace safe for everyone.
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Charter Oak Health Center Inc. was recently cited by officials with the Occupational Safety and Health Administration (OSHA) for violating workplace health standards in New England. The company was issued three violations totaling nearly $18,000 in proposed fines. The citations followed an inspection back in February which was the result of a complaint. The complaint alleged that workers were being exposed to a patient who had tuberculosis and the company’s management team didn’t take the appropriate actions to protect workers.

The health center didn’t have a system set up that should have identified, masked and isolated patients who were suspected of tuberculosis. The employees who were working in close quarters with this patient were also not properly trained on the details of the disease and how to use a proper respiratory protection program. Additionally, the company didn’t have any kind of hazard communication program and workers were not trained on how to deal with hazardous chemicals. These were all cited as serious violations, meaning that the hazards could have cause serious injuries, illnesses and even death and the employer should have already recognized these dangers.

Our Boston workers’ compensation attorneys understand that healthcare workers accounted for nearly 7 percent of workplace injuries and illnesses in 2010. These workers are exposed, on a daily basis, to dangerous chemicals, to debilitating diseases and to other work hazards. The truth of the matter is that healthcare is the fastest-growing sector of the country’s economy. There are currently nearly 20 million people employees in this industry. Woman account for about 80 percent of these workers.

Common healthcare work hazards:

-Stress
-Violence
-Latex Allergy
-Back Injuries
-Needlestick Injuries
Even though it’s possible to help to prevent and even reduce accidents in this field, far too many healthcare workers continue to experience unnecessary injuries and illnesses on the job. Cases of nonfatal occupational injury and illness among to healthcare workers are among the highest of any industry sector, according to the Centers for Disease Control and Prevention (CDC).

“Employees were needlessly exposed to a potentially contagious infection due to the lack of basic protective measures that should have been in place,” said Robert Kowalski, OSHA’s area director.

Occupational hazards faced by healthcare personnel (HCP) in the United States have received increasing attention. Although recommendations, guidelines, and regulations to minimize HCP exposure to such hazards have been developed, additional information is needed to improve HCP safety.

An effective control program, dealing with infections, would have been able to lay out specific procedures to follow in the event of a patient with tuberculosis. A comprehensive program would have also provided workers with the proper safety equipment and with the proper training to deal with these scenarios and help to reduce their risks of exposure.

If you feel like your work place is not taking the proper safety precautions to keep you safe and injury-free, you’re urged to speak up. Your concern and you recommendations can help to reduce injuries and save lives.
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The general contractor and nine subcontractors of the Merrimack Premium Outlets were recently cited and slapped with nearly $174,000 in proposed fines. Safety officials with the Occupational Safety and Health Administration (OSHA) inspected the New England work site and found that there were a number of violations of workplace safety standards.

“Our inspection found workers exposed to a variety of common but avoidable hazards associated with construction work, notably falls and electric shocks,” said Rosemarie Ohar, OSHA’s area director.

Our Boston workers’ compensation attorneys understand that hazards on construction sites can be dangerous and potentially deadly. Many of these hazards can disable or kill a worker in a matter of seconds. Employers are required to make sure that all equipment is proper safe guarded at all times and that the proper preventative measures are taken to protect all employees. Jobs should be inspected before they even begin to make sure that all of the protective equipment is provided for workers.

The general contractor in this case was fined with more than $25,000 in fines for a number of serious violations. The company was observed exposing workers to falls of up to 20 feet. It was also cited for having an ungrounded power generator, for not properly securing or marking hole covers on the roof, for failing to make sure that there were enough fire extinguishers on the job and for not completing the proper safety inspections before work began.

The subcontractors were cited for a slew of violations, including:

-Exposing workers to falls.

-Not providing workers with the proper fall protection training.

-Not make sure that workers were properly disposing flammable substances.

-Failing to properly safeguard machinery.

-Failing to secure safe ladders on the work site.

-Improperly modifying trucks used to hoist up employees.

-Failing to provide workers with the proper fall protection.

-Failing to keep safety lanyards in good-working order.

-Misusing electrical equipment.

-Failing to properly label chemical containers.

In 2010, there were more than 4,500 people injured on the job in the U.S., according to the Bureau of Labor Statistics (BLS). Construction accidents accounted for more fatal work injuries than any other industry in 2010. For this reason, it’s imperative that employers thoroughly examine each work site before, during and after the job to make sure that all hazards are eliminated, that workers are properly trained and protected and that everything is running smoothly. When companies try to cut corners, employees are affected. Safety should be a number one concern of companies, supervisors and employees.

If you observe a hazard on the work site, you’re urged to speak up and alert a supervisor. You have a right as a worker in the United States to a safe work area. It’s federal law. Your concern and attention could help to prevent a serious, if not fatal, work accident.
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As our Boston workers’ compensation attorneys were recently discussing, there are a lot of risks for injury on the job, some that you may never consider. We’re talking about workplace violence, theft, sexual harassment and other workplace threats.

There are even risks if you work from home. Just as you would want any other workplace, you want your home to be safe and secure, too. It’s a good idea to hang window treatments that obstruct the view into your office.

If you’re on the job, you want to make sure that you’re familiar with your insurance policy. Most policies will require an extra rider to cover a home office. Whether you are covered as an employee under an employer’s workers’ compensation policy will depend on your classification. Typically independent contracts do not quality. Ergonomics and other concerns are very much the same — whether you are working from home or reporting to an office complex every day.

It’s also important to make sure that you equipment is marked with identification numbers. Keep an inventory of the devices in your home office. Photos are a good idea too. Keep the identification numbers, photos and other important receipts in a safe in your home or in a safety-deposit box. Keep backups of your work and your programs, too. Don’t keep the copies at your desk, store them in a separate area.

We all get mail, too. It’s important to be safe! You want to make sure that you follow the same caution with pickups and deliveries, too. If someone is delivering to your home, check their ID before opening the door. Don’t let the delivery person in your home either! It’s not a bad idea to look into an alarm system. Some can be purchased for just $100, plus a monthly monitoring fee.

If you have to meet with a client that you’ve never met before, it’s a good idea to meet at a public place. This is important for business owners, employees, work-from-homes, etc.

Regardless of where you work, you want to always make sure that there is a phone readily available to call authorities if danger presents itself.

If you’re a business owner, it’s important that you follow all of these safety tips, that you have a plan in place to protect workers from dangers and that you take the proper security precautions to protect property, too. Assess the company’s vulnerability to crime, from embezzlement to burglary. Be sure to follow basic crime prevention principles, and work with local law enforcement to protect your company.

All of these tips are compliments of the National Crime Prevention Council, a private, nonprofit tax-except organization whose primary mission is to enable people to create safer and more caring communities by addressing the causes of crime and violence and reducing the opportunities for crime to occur.

“Collaboration in this effort is critical on all levels,” said John A. Calhoun, President and CEO of the National Crime Prevention Council.
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