Massachusetts Workers Compensation Lawyers Blog

A general contractor that was hired to reconstruct the Pawtucket River Bridge has recently been cited with a number of violations for failing to protect its employees from a work accident in New England.

Officials with the Occupational Safety and Health Administration have cited the company, S&R/Pihl, with nearly $61,000 in fines for a number of violations including inadequate rescue procedures and for having a number of fall hazards on site.

The company did not have any procedures in place to help to rescue an employee who was working nearly 100 feet in the air had anything of happened or had he of fallen, according to the accusations. The response plan didn’t ensure that the other employees were properly trained to deal with these hazards and the right rescue equipment was not on site, the government alleges.

Our New England workers’ compensation attorneys understand that this company, and all other employers, are required to make sure that all workers are kept safe from work hazards, including having the proper procedures and plans in place to rescue workers should one of these hazards cause an accident. When this happens and an employee is accused of knowing and disregarding of one of these hazards, they’re slapped with a willful violation, which are costly. In the case of S&R/Pihl, that citation cost them more than $55,000.

“S&R/Pihl has thus far refused to take steps to abate this hazard to its employees,” said Patrick Griffin, Area Director for OSHA.

When workers are performing duties above ground, they need to be provided with a personal fall arrest system. They also need a way to get off of the elevated work area should an emergency take place.

The company was also slapped with nearly $5,000 in fines for not having fall protection for one of its employees who was working on top of the bridge deck. This constitutes as a serious violation, meaning that there is a good chance of serious injury or death because of a hazard that the employer should have, or did, know about.

Back in April, officials with OSHA and other safety advocates across the county pushed a national campaign to help to raise awareness about fall-related injuries and ways to prevent these kinds of accidents. The campaign addressed the dangers that workers face who work on roofs, scaffolds, ladders and other areas above ground.

According to recent statistics, there were more than 10,000 people who worked in the construction industry who were injured because of a fall-related accident in 2010. There were also nearly 300 workers who were killed in these same accidents. Employers are urged to check out OSHA’s fall protection standards.
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With the Fourth of July holiday, there are increased risks for work-related accidents in Boston and elsewhere, especially if you handle fireworks for public events or work in the fireworks and pyrotechnics industry.

For this reason, the Occupational Safety and Health Administration (OSHA) reminds all employers to take the proper safety precautions to make sure that all workers are provided with the resources they need to avoid a potentially fatal accident.

“As we look forward to celebrating July 4 with fireworks and festivities, we must also consider the safety of workers who handle pyrotechnics,” said Assistant Secretary of Labor for OSH, Dr. David Michaels.

Our Boston workers’ compensation lawyers understand that individuals in this industry will be busy putting on fireworks shows for residents and visitors across the state. Workers who display, make, sell and handle these dangerous materials need to be safe and cautious before, during and after every event. One wrong move could produce catastrophic results.

To help get everyone started, officials with OSHA are sharing their Firework Safety web page with those who work with fireworks displays and retail sales of fireworks. On this web page, you can find a plethora of information regarding the dangers, hazards and risks that are prominent through all aspects of the industry. To help to better educate employers and employees, the web page offers free downloadable posters as well as a video that shows the proper ways to handle fireworks and other details of retail sales and manufacturers. This information is based on the National Fire Protection Association’s consensus standards.

In 2011, there were nearly 10,000 fireworks-related injuries suffered throughout the United States. Of these injuries, about 70 percent of them were sustained during the 30 days surrounding the Fourth of July. Both employers and employees are urged to check and double check their work before the big bang!

You may remember the fireworks accident from back in 1997 in which 3 employees were killed. It happened when one of the workers used a hand-held road flare to ignite the fuse of the one of the mortars. When he lit the mortar, it only got about 10 feet in the air before it started to come back down. As it did, he yelled “fire in the hole,” as the shell hit the deck of the barge, landing between the “ready box” that contained additional shells. The shell exploded upon impact with the steel floor. The explosion and the flames killed three of the employees and injured another.

If you’re working around fireworks or you’re going to be around them this Fourth of July, you’re urged to take the proper safety precautions to avoid a potentially fatal accident. Employers are to make sure that workers are provided with all of the necessary safety equipment to complete the job. Enjoy the holiday and make it a safe one. Happy Fourth of July!
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If you or someone you love works in hydraulic fracturing operations, listen up! Safety Officials with the Occupational Safety and Health Administration (OSHA) as well we the National Institute for Occupational Safety and Health (NIOSH) recently issued a hazard alert to help to protect workers from silica-related work injuries in Boston and elsewhere.

Safety officials are working to help make sure that employers are taking the proper steps to protect these employees, the ones who are at serious risk for cancer and other lung-related diseases.

Recently safety officials concluded a study that illustrated the side effects and the risks to workers’ health that hydraulic fracturing operation positions can cause. The main topic of this study was silica exposure, which can be found in large quantities in these industries, and the dangers that are associated with it.

Our Boston workers’ compensation attorneys understand that officials with NIOSH took air samples at 11 work sites in various states and determined that the most common source of silica exposure was workers in sand movers and blender operations. These conditions were even worse during hot loading. Those who breathe in silica all day, each day are at the highest risks for developing silicosis. Silicosis is a disease which causes lung inflammation and can even cause scarring, which can hinder the lung’s ability to absorb oxygen. Silica has also been linked to various forms of lung dangers and a number of other diseases, like chronic obstructive pulmonary disease, tuberculosis, kidney and autoimmune disease as well as chronic obstructive pulmonary disease. Many of these diseases are irreversible and can cause a lifetime of pain and suffering.

The recent alert comes on the heels of these findings. Within this alert, employers are to make sure that employees are protected from the overexposure to silica. In the recent silica alert, employers can learn about how to protect employees, how to protect machinery, as well as about various engineering controls, worker training, product substitution, work practices, etc.

Safety officials say that work practices and engineering controls and the best ways to protect employees. What happens is when silica sand is pushed through sand movers, into blender hoppers, along transfer belts, etc., that dust can be released into the air. Unfortunately, this dust contains nearly 99 percent silica that employees breathe.

“Hazardous exposures to silica can and must be prevented,” said Dr. David Michaels, with OSH.

Respirable crystalline silica is the portion of crystalline silica that is small enough to enter the gas-exchange regions of the lungs if inhaled; this includes particles with aerodynamic diameters less than 10 micrometers (μm).
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Tribe Mediterranean Foods was recently cited by safety officials with the Occupational Safety and Health Administration (OSHA) with more than $702,000 in fines for violating a number of federal safety standards after a fatal work accident. The hummus manufacturer was cited with 18 violations for failing to protect employees from work-related accidents in Taunton. Officials with OSHA’s Boston office inspected the work site back in December of 2011 after an employee got caught in a machine and was crushed to death.

Officials concluded that the employee involved in the accident and six others weren’t properly trained on hazardous energy control procedures. According to federal law, these kinds of procedures need to be in place and need to be put into effect. Employees need to be properly trained to shut these machines down as well as how to lock out the power sources before performing maintenance on them. These procedures are in place to help to make sure that these machines are not working when employees perform these duties and that they have no chance of turning on while the work is being done.

Our Taunton workers’ compensation attorneys employees face higher accident risks if they’re not being properly trained. If you’re on the job and you’re not receiving the proper training, you’re urged to speak up. Not having workplace knowledge can result in serious injury and even death. Not only are you required to be provided with the proper training, but employers are also required to make sure that all machinery is properly safeguarded and that employees are provided with the proper safety equipment to perform each job.

“The employer knew it needed to train these workers so they could protect themselves,” said Dr. David Michaels with the Occupational Safety and Health.

Tribe Mediterranean Foods was cited once for each of the employees who were not properly trained and once for each hazard that they were exposed to.

When there is a particularly blatant lack of compliance and exposure to dangers on the work site, officials can choose to issue violations on a per-instance basis, meaning that they can be cited for each employee that was exposed to a particular hazard instead of just once citation for the hazard itself.

In addition to these violations, the company was also cited with neglecting to train maintenance employees to point out dangerous energy sources and another for neglecting to create and enforce a comprehensive lockout/tagout procedure.

Lastly, the company was handed three repeat violations, meaning they were cited for dangers that it had already been cited for in the past.
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Did you know that a recent study from the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) concluded that there were nearly 15 people who were killed on the job during each day of 2010?

The recent report also concluded that the number of fatal work accidents in Boston and elsewhere is on the rise. This is all in the face of a struggling economy and relatively high unemployment rates, both factors that should typically decrease the number of injuries on the job. The number of work hours has seen a significant decrease recently, yet the number of fatal work accidents continues to rise, according to World News Report.

Officials with AFL-CIO say that the recent discoveries should be enough to cause some change, that employers should take the time to look over their workplace hazards, policies and procedures to help to protect their employees. It is every employer’s responsibility to provide a safe workplace for workers.

Our Boston workers’ compensation lawyers understand that there were nearly 5,000 people in the United States who were killed on the job in 2010. And this statistic doesn’t even include those who died from work-related diseases. When you include that number, officials think you can add on another 50,000.

Typically, Latino employees had a workplace death rate that was nearly 10 percent higher than the death rate for employees nationwide. The construction industry lost the most workers. Some of the states with the highest work-related fatality rates included the Dakotas, Wyoming, West Virginia and Alaska.

Luckily, the state of Massachusetts joined Rhode Island and New Hampshire with some of the lowest work-related fatality rates. Still, we lost far too many employees throughout the year. t’s important that workers throughout the state keep safety as a number one priority on each and every work site.

In addition to these fatalities, there were another 4 million people who were injured on the job. Researchers and authors of the newly-released report believe that this number is actually much higher as they feel that many of the accidents were never reported. Officials believe that the actual number of more than 11 million. Together, workplace injuries and illnesses cost the country close to $300 billion every year.

Since we’re seeing an increase in the number of workplace accidents, injuries and fatalities, it’s important for companies and employers to review their policies and to make sure that their work sites are safe. All known hazards need to be eliminated and employees need to be offered the proper safety equipment.
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Hilda L. Solis with the U.S. Department of Labor recently made an announcement saying that about $12 million in federal funds was awarded through the Workforce Data Quality Initiative.

With the new initiative, 12 more states will be able to build or grow longitudinal databases of workforce data. This information will be linked to educational data to help to make workplaces safer, to help to reduce the risks of work accidents in Boston and elsewhere and to help to improve the performance of various workplace development programs.

It’s comprehensive programs like this that help to keep communication alive in the workplace and help to warn employers and employees about the risks for accidents on the job.

Our Boston workers’ compensation lawyers understand that Massachusetts was one of the 12 states to be chosen to receive funds from this grant through this second round. The funding is going to help companies and workforces to create the means to provide policymakers, practitioners and consumers with info regarding the relationship between workforce development programs and education.

Those who have received the funds should be able to use the databases to conduct analysis and research that can be used to determine just how effective workforce and various education programs can be used.

The grants will be distributed through a three-year grant time. Throughout this time, there are a number of goals that officials with the Department of Labor intend on achieving:

-Creating and improving existing data systems.

-Improving the breadth and the quality of information and data in these kinds of systems.

-Using this information to help to provide information about various program operations.

-Analyzing the performance of employment training and education programs.

-Providing consumers with user-friendly info to help employers and employees to create the programs that best suit the needs of their workplace.

The states that were awarded this grant:

-Washington
-South Dakota
-Rhode Island
-Pennsylvania
-Oklahoma
-New Jersey
-Nebraska
-Michigan
-Illinois
-Idaho
-Hawaii
-Arkansas
In 2010, there were more than 2 million total recorded work-related injuries in the private industry throughout the United States. Of these reports, nearly 1 million of them required time away from work. In addition to these injuries, there were nearly 5,000 fatalities reports. Some of the top causes of work-related fatalities in the country were highway accidents, falls and homicides.

Some of the most common injuries sustained on the job by workers throughout the country include sprains, strains, tears, various injuries to the back and injuries resulting from fall-related accidents.

Employers have a responsibility to minimize the risks for accidents on the job. Safety should always be a number one priority at work. Safety and preparation help to keep workers safe!
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As we recently reported on our Massachusetts Workers Compensation Lawyers Blog, the entire month of June is being dedicated to worker safety by the National Safety Council (NSC).

During this time, officials are working to educate employees about the risks they face on the job and they are also offering simple ways to help to reduce these kinds of risks. We recently discussed the importance of ergonomics.

For the third week of the month-long campaign, we will be discussing the risks that are associated with slips, trips and falls as well as ways to prevent these kinds of accidents. This is an important topic to discuss through this campaign as falls are among some of the top causes of unintentional injury. These accidents account for nearly 10 million emergency room visits every year in the U.S.

Our Boston personal injury attorneys understand that fall-related accidents are completely preventable. Most people think fall accidents are the result of being clumsy or simply not paying attention, but the truth of the matter is that there are many factors that are involved in fall accidents. Some of these factors include your environment, your health condition and various age-related issues. Luckily, there are simple ways to help to reduce the risks for a slip, a trip or a fall in your home and in your work environment.

Simple Ways to Reduce the Risks of Fall Accidents:

-Make sure that floors are clear of clutter at all times.

-Make sure that all walking areas are well lit.

-Keep electrical cords out of walkways. If they need to be there, be sure to keep these cords secure.

-Consider putting non-skid rugs in slippery areas. Bathrooms are a common place for these items.

-On stairways and porches, consider installing handrails.

-Use a sturdy step stool when climbing or reaching for something up high.

-If you spill something on the ground, clean it up immediately.

-Make sure you wear non-slip, sensible footwear.

-You never want to stand on anything that has wheels, like a table or a chair.

-Make sure that your furniture is arranged so that there’s plenty of walk room.

-In outdoor walkways, be sure to clear fallen leaves, snow and other hazards.

-Remember that alcohol and medications can increase your risks for a fall. Many medications can alter a person’s balance. Know the side effects of your medications.

Chances are that you have a friend or someone in your family who has suffered a fall-related accident. Maybe you have experienced one of these accidents personally. Falls took the lives of about 25,000 people in 2009. Take the time to remove slip, trip and fall hazards to keep your family and your workplace safe.
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As we recently reported on our Massachusetts Workers’ Compensation Blog, the entire month of June will be used to help to raise awareness about the risks of work accidents.

The National Safety Council (NSC) is organizing the month-long event, National Safety Month, and they’re also stepping up with some important tips to help you to stay safe on the job. Work safety should be a top priority of all employers, but there are things that employees can do to lessen their risks for an accident or for an injury.

During the second week of the campaign, safety officials with the NSC are focusing on ergonomics. Through this week-long portion of the campaign, officials are working to educate employees on how to properly set up their work space to make it work with them not against them. By setting up an area that works for you, you can work more comfortably and reduce your risks for an accident.

Our Boston workers’ compensation lawyers understand that most employees are at risk for an ergonomic condition. Most commonly, you hear about these kinds of conditions happening to those who work in an office and at a desk all day. These conditions can affect virtually all parts of your body. Ergonomics is about learning how to work smarter and preventing conditions like overexertion. Did you know that close to 3.5 million people wind up in an emergency room every year because of overexertion? It’s true. Don’t let it happen to you and review the following tips to help to prevent one of these kinds of accident.

Ergonomics Tips:

-Make sure that you’ve got an adjustable chair at your desk. Make those adjustments frequently. Sitting in one spot for too long can hurt you.

-Be sure to give your eyes a break. Focus on something that’s at least 20 feet away periodically to rest your peepers.

-Get up and move around. Go for a walk, stand up and stretch, just get moving. You don’t want to sit still for too long.

-Make sure that your computer screen isn’t straining your eyes and your neck. Place the screen above your eyes slightly.

-Make sure that your wrists are in a comfortable and relaxed position when using the keyboard.

-Make sure that whatever you do most, whether it’s the computer or not, is placed right in front of you to minimize head and torso turning.

-Keep commonly used items near you to avoid reaching.

It’s important to remember that even with a properly set up work area, you can still get muscle fatigue from being in the same spot and in the same position for too long. Make sure to make frequent adjustments to your work space to keep it comfortable.
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Interstate Electrical Services, an electrical contractor from North Billerica, was recently cited by officials with the Occupational Safety and Health Administration (OSHA) for a number of safety and health violations following an Andover work accident back in 2011.

In the flash blast accident, two employees who were an installing an electronic service were seriously injured. It happened when a piece of equipment that they were working with came into contact with a part of an electrical panel that was energized.

After the accident and after OSHA officials investigated the work site, it was determined that the electrical panel was not properly guarded to keep workers and other materials from coming into contact with it. Because it was not properly guarded, OSHA cited the company with a willful violation that came with a proposed fine of $70,000. This recent accident could have been prevented if employers would have taken the proper safety precautions.

Our Andover workers’ compensation lawyers understand that the company was fined because officials felt that the employers knew and voluntary disregarded the law’s requirements. Officials also felt that the company exercised complete indifference to employee health and safety. Employers are required to minimize any and all known risks on the job site. It’s a right we have as workers in the country and we all need to work together to make sure that these standards are upheld.

The contractor was also slapped with two additional serious violations. These two violations came with another $11,000 in proposed fines. These two were for having an electrical wire that wasn’t properly protected against damage and for additional electrical hazards posed by a power cord that had been damaged. A company is slapped with a serious violation when there is a high possibility that a worker could be seriously injured or killed by a hazard on the job that the employer should have known about.

“It is imperative for employers to ensure all necessary safeguards are in place and in use to prevent incidents like this from occurring,” said Jeffrey Erskine, OSHA’s Andover area director.

Employees who work with electrical current face some serious dangers on the job. Practically everyone is exposed to some sort of electrical energy each day during the performance of their daily work duties. For this reason, electrocutions happen to employees in a number of job categories and they happen all too often. Hardly anyone is safe. Oftentimes, employees don’t know about the potential for electrical hazards present in their work environment. This ignorance makes a worker even more vulnerable to the dangers. Most commonly, workers are electrocuted, suffer from electric shock, they’re burned or they fall because of contact with electrical energy.
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The entire month of June has been designated as National Safety Month, according to the National Safety Council (NSC). From the 3rd through the 9th, the NSC is working to Promote Employee Wellness. Just as employers are required to make sure that work places are safe for employees, employees should focus on their own health and wellness.

Employers and employees can make small changes in the workplace to help to promote wellness and health and to reduce the risks of accidents and injuries on the job in Boston and elsewhere. Some of the changes that the NSC is promoting is by helping employees to increase their physical activity, to eat right and to quit smoking. If only these few changes were made, then about 80 percent of all cases of type 2 diabetes, stroke and heart disease could be prevented. To make it sound even better, about 40 percent of all cancer cases could be prevented, according to the World Health Organization.

Our Boston workers’ compensation attorneys understand that there are small changes that we can all make in our lives to help to improve our health and to help us stay safe on the job. Make sure that your fellow coworkers are working along with you to stay healthy. It’s a team effort and the month of June, National Safety Month, is a great time to spread the word.

Did you know that losing just 5 to 7 percent of your body fat can help you to significantly reduce your risks for diabetes? That’s only about 10 or 15 pounds on a 200 pound person. Another thing you can do is to reduce the sodium in your diet. It is recommended that you consume less than a teaspoon of salt a day. Lastly, residents are urged to get out there and get moving. Physical activity not only helps to keep your blood pressure stable, but it also helps to strengthen your heart and keep your stress level at bay.

Tips for healthy eating:

-Make half of your meal fruits and vegetables.

-Make sure that half of the grains that you consume are whole grains (brown rice, whole wheat bread, oatmeal).

-Choose fat-free or low-fat yogurt, cheese and milk.

-Choose lean sources of protein.

-Choose foods that are low in sodium.

-Keep an eye on your portions.

-Stay away from sugary drinks and sodas. Instead, opt for water.

Tips for staying active:

-Take a quick walk during your lunch break.

-Work outside in the yard.

-Go for a stroll on your bike after work.

-Consider joining an intramural sports league.

-Sign up for a local gym membership.

-Take a dip in the pool and swim some laps.
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