Massachusetts Workers Compensation Lawyers Blog

A warehouse at the Charlton Woolen Mill was completely destroyed after a recent five-alarm fire. The warehouse is part of a mill complex in Charlton. The fire has been ruled as an accident, according to the Boston Globe.

The fire started in one of the five businesses that rent garage space in that building. It was reportedly caused by a work lamp that was left in one of the garages. Officials have not been able to figure out if it was just placed too close to specific combustibles or if the lamp somehow malfunctioned. Firefighters from 20 towns came to the scene to help to put out the blaze. It took response teams about two hours to get it under control. Six firefighters were injured.

Our Charlton workers’ compensation lawyers understand that fires and explosions are a serious threat to virtually all workplaces and all industries. These kinds of accidents can start from something as simple as a lamp, like the one at the Charlton Woolen Mill did. It’s critical for employers to have proper evacuation plans, to make sure that fire exits aren’t blocked, to work to prevent these kinds of accidents and to make sure that employees know how to react to one of these emergencies.

According to the Bureau of Labor Statistics (BLS), the number of explosion-related work fatalities increased significantly from 2009 to 2010, going from only 115 to nearly 200. There was also an increase in the number of work fatalities resulting from fires, going from about 55 to about 110.

Fires and explosions actually account for about 5 percent of workplace deaths. Many of these accidents and these fatalities can be avoided. There are simple safety precautions that employers should take to help to stop these kinds of accidents before they happen. Some of the best ways to head them off is by following specific standards for record-keeping, gear certification and various preventative measures.

Employers should make sure that all employees are properly trained to deal with fire hazards and on what to do in the event of an emergency. Make sure you have a fire evacuation plan and that everyone knows how to escape. If you expect your employees to use any kind of firefighting equipment, make sure they’re trained properly on how to do so.

Each workplace is to have suitably located emergency exits so that everyone can get out quickly. These exits are never to be blocked or locked when workers are inside and they must also be marked with the proper signs.

How to develop and emergency action plan:

-Make sure employees know evacuation routes and other procedures to follow.

-Count all employees once evacuation is complete.

-Remain available for employee review.

-Address evacuation procedures for disabled workers.

-Address evacuation plans for workers who are in charge of staying behind and shutting down critical plant equipment.

-Determine the best way to alert employees of a fire emergency.

-Make sure that the employee alarm system can be heard throughout the entire workplace.
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According to new studies, the average baby boomer who was born during the latter years of the boom, 1957 through 1964, had 11.3 jobs from when they were 18-years-old until they were 46-years-old. According to the Bureau of Labor Statistics (BLS), about half of these jobs were held between the ages of 18- and 24-years-old.

These findings are all a result of the National Longitudinal Survey of Youth 1979. This was a survey of nearly 10,000 individuals who were interviewed first when they were between the ages of 14- and 22-years-old back in 1979 and then interviewed agian between 2010 and 2011 when they were between 45- and 53-years-old. All of the respondents were born between 1957 and 1964, which is considered to be the latter years of the baby boom.

Our Boston workers’ compensation attorneys understand that this survey comes jam packed with more than 30 years of info on these individuals’ employment history. Information includes their income, training, education, experience, health, assets and other characteristics. What was common among all of these individuals and all of their work histories were the risks for work accidents. Each and every job position came accompanied with some sort of risk for an accident.

As the years progressed, safety measures advanced and these risks were reduced, but never fully eliminated, in any industry.

Study Findings:

-Men without a high school diploma held an average of 13.1 jobs while men with at least a bachelor’s degree held about 11.4 jobs. Both figures are for men between the ages of 18- and 46-years-old.

-The amount of time that an employee spent at a job increased as they aged.

-Men held an average of 11.5 jobs while women held an average of 11.1 jobs during this time.

-Between the ages of 18- and 24-years-old, whites held more jobs than Hispanics or blacks. As age increased, the gap decreased. From ages 25- to 46-year-old, there was really no difference in the average number of job positions that were held across ethnic and racial groups.

-The length of time that a worker stayed with an employer increased as the individual aged.

-Individuals were employed during nearly 80 percent of the time between the ages of 18-and 46-years-old.

-Individuals with a bachelor’s degree stayed at a single job a substantial amount of time longer than those without.

Each year, there are more than 4 million people who are injured on the job in the U.S. This means that there’s an average of 4.4 cases per 100 workers. About half of all of these injuries require time off of work and require medical assistance. In the country, about 170 people die from occupational diseases each day and another 20 die from on-the-job injuries. This means that about 1,000 people are killed because of work each and every year. These accidents, injuries, illnesses and fatalities cost the country more than $155 billion every year!
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Workers can be found all over the city, helping to make some of the much-needed repairs to many of our structures. Many of these workers are completing jobs atop some of the tallest buildings in the city and are also at some of the highest risks for work accidents in Boston while working at height in the construction industry.

Just in time for the summer, officials with the Occupational Safety and Health Administration (OSHA) are making a renewed push to help to reduce the risks of fall injuries. This effort is through the Administration’s Plan. Provide. Train. website.

Unfortunately, falls continue to be the number one cause of death among those in the construction industry. There were more than 260 workers in the construction industry killed in fall accidents in 2010. More of these were falls to a lower level. This is out of the less than 800 fatal fall accidents among all U.S. workers. Many of these accidents, injuries and fatalities could have been prevented if employers were to provide workers with better, safer and more effective fall protection systems.

So what is Plan. Provide. Train. all about?

-PLAN: When workers are required to work from heights, such as roofs, scaffolds and ladders, employers are required to plan projects in way so that they can be completed in a safe manner. First they must decide how it’s going to be done, what needs to be done and what kind of safety equipment is necessary to do it. When employers are calculating the costs of a job, they should also include the costs of this safety equipment as well. Personal fall arrest systems (PFAS) are some of the most effective measures in the construction industry.

-PROVIDE: Employees who are required to work at least six feet above a lower level are at serious risks for injury or even death if they happen to fall. To help to keep these employees safe, employers are required to provide them with the proper fall protection and the proper equipment for the job, including the right kind of scaffolds, ladders and safety gear. There are different sizes of each of these that can be used to different jobs. Harnesses, anchors and other PFASs need to be provided for each and every worker who performs duties 6 feet above the ground of higher. This equipment should be inspected regularly.

-TRAIN: Fall accidents can be prevented when employees understand which equipment to use for specific jobs and how to use this equipment properly. All workers should be provided with the proper training on not only the job they’ll be completing, but on the equipment that is used to get it done and on the safety equipment they’ll be using to help to reduce the risks of accidents. OSHA has provided informational materials and resources for employers regarding training tools.
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It’s that time of year again. It’s the summer season and that means that road construction crews are hitting our streets trying to make the necessary changes and fixes to our roadways before the snowy weather moves in. According to the Massachusetts Department of Transportation (MassDOT), there are dozens of projects that are going on at any given moment around the state. During this time of the year, car accidents and work accidents in Boston and elsewhere are likely, especially when traveling through our state’s roadwork construction zones.

According to the Federal Highway Administration, there were nearly 700 fatal accidents in maintenance and construction work zones in 2009. These accidents are likely to happen in the middle of the day, too. About 70 percent of road construction site fatalities between 2003 and 2007 happened between the hours of 8:00 a.m. and 4:59 p.m.

Officials with the State of Massachusetts offer drivers with some safety tips to help them to get through these work zones without the headache of an accident.

Work Zone Safety for Motorists:

-Slow down and move over. In the state of Massachusetts, the Move Over Law took place back in March of 2009. This law requires all drivers to move to the next adjacent lane when approaching a stationary maintenance or emergency vehicle that has its flashing lights activated. Drivers who fail to do so run the risk of getting a citation of up to $100.

-You should always expect the unexpected in these areas. Speed limits may be changing, lanes of traffic may be changed, workers can be along the road and pedestrians may be instructed to walk on different paths.

-Slow it down. Speed is one of the top causes of work zone car accidents. If you speed in these areas, you run the risks of a traffic ticket in double the fine.

-Be on the lookout for roadside workers when driving through construction areas.

-Try to avoid these areas completely if you can.

-Always obey flaggers instruction. They are there to help traffic to flow smoothly and safely through the area.

-Never tailgate another vehicle in these areas. You always want to make sure that you’re keeping a safe distance between you and the vehicle in front of you. The number one type of traffic accident in these areas are rear-end collisions.

-Keep a lookout for signs in these areas. Warning signs are posted in work zones to help you and to help other driver to move safely through work zones.

-When heading through a work zone you should expect delays. You want to allow yourself with extra traveling time when you know you have to pass through one of these areas. You can call 511 from your mobile phone to get the most recent traffic conditions.

-Keep a good distance from the actual work zone. You want to avoid construction vehicles and workers.

-Report any road hazards that you encounter by calling 511.
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There’s a new agreement in effect and it’s working to help to build on the Federal Railroad Safety Act’s whistleblower provision. The agreement was recently signed by those with the Federal Railroad Administration (FRA) as well as officials with the Occupational Safety and Health Administration (OSHA).

The agreement is going to help to better protect railroad workers from any kind of retaliation from employers when they choose to report a safety or a health violation. Reducing the risk of railroad accident in New England and elsewhere is the goal.

Currently, the rail safety regulations are created and enforced by not only officials with the FRA, but also with rail labor organizations and rail stakeholders. The FRA continuously works to make sure that this industry is safe for all workers by conducting a number of inspections, enforcements and education programs. Right now, and because of these provisions many believe, railroads are some of the safest modes of transportation for freight and for passengers. While the FRA is able to address issues of rail safety, it doesn’t have the same authority to address whistleblower incidents.

Workers in all industries in the U.S. have the right to report workplace accidents, dangers and injuries without any fear of being retaliated against. By reporting these incidents, companies can help to keep the workplace safe for everyone. This system doesn’t work when a worker fears retaliation.

“OSHA welcomes the opportunity to work with the FRA to protect these rights and make our nation’s railroads a safer place to work,” said Dr. David Michaels with OSH.

According to recent statistics, the number of whistleblower complaints within the railroad industry has been on the rise in recent years. Stats conclude that there were nearly 1,000 of these complaints filed from 2007 and 2012. Nearly 65 percent of these complaints reportedly involved an allegation in which an employee suffered from retaliation from an employer because they reported an at-work injury.

Under the new memorandum, the FRA will be able to follow the OSHA whistleblower procedures. OSHA will be providing FRA officials with copies of the complaints that it receives under the FRSA’s whistleblower provision. It will also be providing them with any preliminary orders and findings. Together, both OSHA and FRA officials will be trained in enforcing, recognizing and dealing with incidents of retaliation and other related issues.

Through this agreement, officials from both parties feel that they can work to help to make workplaces safer for everyone within the industry.

In the state of Massachusetts and throughout the rest of the United States, you have a right to speak up about dangers that your witness on the job. You’re urged to do so to help to reduce the risks of any future accidents. Retaliation shouldn’t be a fear under these circumstances. If you feel like you’re being treated unfairly after reporting a hazard or an accident, contact an experienced attorney to help to protect your rights.
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Eat. Sleep. Work. It seems like that’s all any of us have time to do anymore. What most employers and employees don’t realize is the importance of sleep. It’s one of the best preventative measures that one can take to help to avoid a potentially fatal work accident. The need for sleep is biologically similar to the need to eat and drink, and it is critical for maintaining your health and for working safely, according to the Centers for Disease Control and Prevention (CDC). Workers should be sleeping between 7 and 8 hours each night, or between shifts. This amount of time has been linked not only better health, but also a number of better safety outcomes.

Officials with NIOSH have been working diligently with researchers to protect workers’, workers’ families, supervisors, employers and others in the community from the dangers that are linked to long work hour and long shift work. All signs are pointing the same way; for safer work conditions, we need more sleep.

Our Boston workers’ compensation attorneys understand that there is a growing number of employed residents who just aren’t getting enough time to sleep at night. These workers are subsequently at a higher risk for work accidents. As a matter of fact, this number increased from about 25 percent in the 80s to about 30 percent in the 2000s. These numbers constitute workers who say that they’re getting less than 6 hours of sleep each night. Six hours just isn’t enough, according to sleep experts.

Workers’ risks with long work hours and long shift work:

-Sleep deprivation.

-Not enough time to recover from work.

-A decline in both physical and mental function.

-Emotional fatigue.

-An increased risk of getting sick or getting injured.

-Insomnia is more likely.

-A lack of sleep can put a strain on relationships.

-A higher risk of long-term health effects.

Risks of employers, with sleepy workers:

-Workers are not as productive.

-Errors in work are more likely.

-Employees are less likely to show up to work.

How can employers address this issue?:

-Try to schedule workers with at least 10 consecutive hours away from work.

-Be sure to provide plenty of rest breaks.

-Consider having workers present for only five 8-hour shifts or for four 10-hour shifts a week.

-Examine work load when making schedule. Lighter work loads should be saved for longer days.

-Make sure employees have a “weekend.”

-Make sure that all workers are provided with the proper training.

The bottom line is that sleep and rest is a little more important than we might all think. Make sure that your employer is offering you with an adequate amount of time to sleep between shifts and more importantly, make sure that you’re taking advantage of that time and are using it wisely.
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There were nearly 440 citations issued to one of BP Products North America Inc. refineries. The company was cited by safety officials back in 2009. Nearly 410 of the citations have been resolved. Under a new agreement, the company will hand over more than $13 million in fines and has already abated or will abate all other violations by the end of the year.

The 2009 inspection was the result of an agreement that was made back in 2005.

In 2005, the leading oil and gas company was cited and fined more than $20 million for an explosion that happened at the company’s Texas City refinery. In this accident, nearly 20 workers died. When the citations were issued, both BP and officials with the Occupational Safety and Health Administration (OSHA) formed an agreement that the company had to uncover and correct any and all deficiencies.

Our Boston workers’ compensation lawyers understand how important it is for companies to work to ensure the safety of employees. You would think that large corporations like BP would have their act together and would have the resources to provide employees with all of the safety equipment and training necessary to keep them safe on the job. The unfortunate truth is that employees at companies of all sizes across the country are at risk for a potentially fatal work accident. Be sure to speak up if you spot a hazard on the job!

“Protecting workers and saving lives is the ultimate goal of this agreement,” said Hilda L. Solis, Secretary of Labor.

Solis adds that everyone who works in the oil and gas industry deserves to feel safe when they walk into work every day. Work should never feel like a threat.

Under the newest agreement between OSHA officials and BP officials, the company says that it will correct any and all of the current violations by the end of the year. It will be using the same procedures that were established in the 2010 agreement. In that agreement, independent third-party officials were on hand to provide oversight of BP processes for relief and safety instrumented system evaluation. These same officials also provided OSHA officials with quarterly reports on the progression of the company. The agreement also made sure that the company allocated $500 million to help to improve worker safety at the refinery.

Dr. David Michaels with Occupational Safety and Health says that this agreement and these repercussions should set the tone for other employers. OSHA officials are determined to make sure that companies nationwide take safety seriously, especially among these dangerous industries that help to provide America critical natural resources.
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Cives Steel Co. has been recently cited and fined more than $130,000 for failing to reduce the risks of work accidents in New England. The steel company was slapped with a number of serious, repeat and willful violations of workplace safety standards after a recent inspection from safety officials with the Occupational Safety and Health Administration (OSHA).

The fines were for violations including laceration, crushing, electrical and a number of other hazards. The inspection started back in January.

“The sizable fines proposed in this case reflect the severity and recurring nature of a number of these hazards,” said William Coffin, OSHA’s area director for OSHA.

Our Boston workers’ compensation attorneys understand that employers are required to take expeditious and effective action to eliminate all work hazards. The safety of employees is the employer’s responsibility in all fields of work. Hazards much be eliminated on the job and the proper safety equipment must be provided to all workers to help ensure that they can complete their duties safely. Employees have a right to a safe and healthy work environment. When these conditions are not met, injuries and fatalities can result.

When OSHA conducted the inspection at one of the Cives Steel Co. work sites, officials saw that maintenance workers were not being supplied with and were not using the proper personal protective equipment needed to complete the job with minimum risks for injury. Protective equipment is important for employees who work with electricity. These employees should have been provided with equipment to help to minimize the risks of electrical shock, arc blast and arc flash. Many of these employees performed diagnostic work on electrical equipment, putting them at high risks for a potentially fatal accident. Because employees didn’t have this equipment, the company was hit with about $70,000 in fines.

The company was also cited for using extension cords in place of fixed wiring. This is a problem that was previously cited at one of the company’s work sites in New York back in 2010. Because it was previously sited for this problem, the company received a repeat citation that came with a fine of more than $20,000.

Lastly, the company was slapped with nearly $50,000 in fines for nine different serious citations. Some of these citations included:

-neglecting to test and label the weight capacity of one of its in-house fabricated lifting device. These devices are only designed to life plates that weigh up to 900lbs.

-a number of laceration hazards resulting from starting chainsaws unsafely.

-neglecting to provide employees with leg protection while using chain saws.

-neglecting to have a comprehensive space entry program.

OSHA conducted the inspection on the Cives Steel Co as a part of its Site-Specific Targeting Program.
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There will soon be a three-day training event conducted by the Occupational Safety and Health Administration (OSHA) to help keep workers safe on the job. It’s important that these companies are properly trained in best practices, after all the safety of their workers is their responsibility. OSHA’s Office of Federal Agency Programs is teaming up with the OSHA Training Institute (OTI) to create these seminars.

They will be used to discuss workplace violence, indoor air quality, global harmonizing systems, and a number of other safety topics. The aim is to reduce the risks of work accidents in Boston and elsewhere. Officials want to make sure that federal work areas have the proper safety programs in place, the ones just like the private sector are supposed to follow too. No one is exempt from safety on the job.

In 2010, there were nearly 100 federal employee fatalities reported by federal agencies. In addition to these fatalities, there were along 30,000 workers’ compensation claims filed by workers in the federal sector after employees lost time at work following an injury. The training events are being held to help federal managers to implement and manage their own programs that can be used to deal with illness and injury prevention. One of the keys to these kinds of programs is locating and fixing on-the-job hazards and dangers, before they can strike.

Our Boston workers’ compensation attorneys understand that supervisors are required to make sure that work areas are safe for employees. Under federal law, workers need to be provided with a safe work environment and the safety gear needed to complete the job. This even includes federal agencies. Whether you work at a desk or you work 100 feet in the air, you need to be protected from job-related hazards just the same. The OSHA event is to help to focus in on federal positions in an attempt to remind them that they’re not exempt from the requirements.

Event Details:

-When: July 31st through August 2nd.

-Where: OSHA Training Institute.

-Address: 2020 South Arlington Heights Rd., Arlington Heights, IL.

-When to register: Registration is open until the 24th of July.

-Where to register: Visit OSHA’s event website and fill out the appropriate forms. You will then have to email your forms to the Student Services Department at OTI.

Those who are a part of a government agency will not be required to pay any of the fees or the tuition of the training courses. On the other hand, those who are in the private sector as well as federal government contractors, will be required to pay, according to Department of Labor (DOL) regulations.
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