Massachusetts Workers Compensation Lawyers Blog

As the warmer months roll in, heat-related work injuries in Boston and elsewhere should be one of the top priorities for employers and employees.

It sure is for the Occupational Safety and Health Administration (OSHA). A press teleconference on May 7th was held to discuss this year’s Heat Illness Prevention Campaign. This campaign is used as a nationwide enforcement effort to raise awareness about the dangers that accompany outdoor work and other high-heat jobs.

Every year, there are thousands of outdoor employees who suffer heat-related injuries on the job. Dozens more are killed under these same circumstances.

Our Boston workers’ compensation attorneys understand that exposure to heat can result in some serious and permanent injuries. Outdoor workers are highly susceptible to these kinds of injuries, including heatstroke, when the proper safety precautions are not taken.

Heat stress-related injuries include heat rashes, heat cramps, heat exhaustion as well as heatstroke. Employees that are likely to encounter hot work conditions include miners, construction workers, farmers, bakery workers, firefighters, factory workers, boiler room workers and more. Employees at greater risks of heat stress include those who are 65-years-old and older, those who are overweight, those who have a heart disease or high blood pressure and those who take medications. To help prevent these kinds of accidents, employers should provide training to employees so that they understand exactly what heat stress is, how it affects their safety and health and how it can be prevented.

From 1979 to 2003, there were more than 8,000 people across the U.S. who died from excessive heat exposure. That’s more fatalities than earthquakes, floods, tornadoes, lightning and hurricanes combined.

Symptoms of heatstroke include:

-Slurred speech
-High body temps
-Chills
-Dry, hot skin or excessive sweating
-Hallucinations
-Severe headache
What to do if you or someone you work with is dealing with a heat-related injury:

-Remember that you may be dealing with a life-threatening emergency. You’re urged to call for immediate medical assistance while you begin cooling the victim.

-Get the person into a shady area.

-Cool them down quickly. Place them in a shower, pour cool water on their body, spray them with a nearby garden hose, sponge them with cool water. If there’s low humidity, wrap the victim in a cool, wet sheet and fan them a lot.

-Keep an eye on their body temp. Continue cooling them down until their body temp drops to 102 degrees or cooler.

-Do not give them fluids to drink.

-Get medical assistance as soon as possible.
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Summer break is right around the corner and our teenage students throughout the state are gearing up to snag a job and to earn some extra cash. What they may be unwittingly gearing up for is a work accident in Boston.

For this reason, we are asking parents to sit down for a second and talk with their teen workers about the risks they could possibly face on the job before they head out in search of a paycheck.

These young workers are inexperienced and may not be aware of their rights as a worker in the U.S. and in the state of Massachusetts. It’s important that we share with them what they’re entitled to and what their responsibilities are as an employee. There are specific child labor laws in the state of Massachusetts, according to the Massachusetts Department of Labor Standards, and these children are to adhere to these age-specific rules.

Our Boston workers’ compensation lawyers understand that teen workers have some of the highest risks for work accidents. Their risks are actually about two times higher than workers over the age of 24. In 2010, there were nearly 18 million employees in the U.S. who were under the age of 24. This age group represented nearly 15 percent of the country’s workforce. These workers are at such high risks for work accidents because they typically hold positions in workplaces where hazards are abundant, like in restaurants. In these places there are slippery floors, sharp utensils and dangerous cooking equipment, according to the Centers for Disease Control and Prevention (CDC).

There were nearly 400 workers under the age of 24 who were killed in work-related accidents in 2009. About 30 of these fatalities were of workers under 18. There were also 800,000 additional work-related injuries among this young age group during that same year.

Parents are asked to review the following child labor laws and share them with their teens, ages 16- and 17-years-old, to make sure that everyone is aware of their rights on the job this summer:

-Can only work from 6:00 a.m. to 10:00 p.m. on school days.

-Can only work from 6:00 a.m. to 11:30 p.m. on non-school days.

-Can work only 48 hours a week.

-Can only work 9 hours a day.

-Can only work 6 days a week.

-Cannot drive a forklift.

-Cannot work in mining, sawmilling or logging.

-Cannot work on a roof.

-Cannot operate power-driven woodworking machines.

-Cannot work more than 30 feet above of underground.

-Cannot serve alcoholic beverages.

-Must be supervised by an adult when working after 8:00 p.m.

-May voice concerns regarding on-the-job hazards.

-May not work as a firefighter or engineer on a boat.

-May not work in railroad operations.
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After a fire-related work accident in New England, a local company faces nearly $150,000 in fines.

The accident happened at New England Wood Pellet LLC, where safety officials allege a number of repeat violations and serious health violations. The fire occurred at the plant back in October of 2011, according to the Occupational Safety and Health Administration (OSHA).

The fire spread its way through a number of conveying systems and on to a pellet cooler and a dust collector. It sparked a number of flash fires as well. Shortly after that, a number of explosions took place in an exhaust muffler and in the dust collector. Those explosions sent a number of fireballs out of the building, which experts believe caused two additional fires in nearby silos.

Our Boston workers’ compensation lawyers understand that the employer was reprimanded for failing to take the appropriate precautions to minimize the risks for accidents. An OSHA investigation determined that these deadly hazards should have been recognized by the employer. Rosemarie Ohar, and OSHA area director, says that the company and the workers are lucky that no one was killed in this accident.

Following an inspection by OSHA, a number of explosion and fire hazards were located and the company was noted for failing to provide protective devices for employees. Inspectors also noticed a number of safety measures missing, including effective explosion protection for dust collection ducts as well as systems to eliminate fires and embers from spreading throughout the facility. They were also cited for using unapproved electrical equipment to vacuum combustible dust.

Because of these observations, the company was faced with roughly $140,000. These citations were repeat violations, meaning that the company was cited for these dangers before within the last five years. OSHA noted these citations the first time back in 2008.

The company was also handed nearly $10,000 for failing to clear a buildup of combustible dust that had gathered on equipment and various surfaces throughout the facility. Experts believe that this mess contributing to the expansion of the 2011 fire. This was a serious violation, meaning that there was substantial probability that a serious, if not fatal, accident would have resulted and the employer should have known about it and should have made the corrections to eliminate it.
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Truck drivers will have to soon undergo more rigorous health exams to be able to keep their commercial trucking licenses. According to Ray LaHood with the U.S. Department of Transportation (USDOT), medical examiners will have to be better trained, certified and tested when conducting physical examinations on truck driving employees.

Under the new final rule, from the Federal Motor Carrier Safety Administration (FMCSA), a national online database will also be created to keep track of the medical professionals who complete this training and certification process. Those who fail to complete the process will be deleted from the system. This new rule is aiming to keep our roadways safe and keep our trucking employees out of a work-related traffic accident in Methuen and elsewhere.

“This new rule will ensure that healthcare professionals conducting exams keep in mind all of the demands required to operate large trucks and passenger buses safely,” said LaHood.

Our Methuen workers’ compensation attorneys understand that truck and bus drivers have some very risky jobs. You may not think that driving a motor vehicle is very dangerous, but when you think about the rigorous work conditions that these workers endure, you’d change your mind. With more requirements from our healthcare professionals, we can help to ensure that these drivers are better taken care of and better monitored.

The database, the National Registry of Certified Medical Examiners, is a part of the FMCSA’s commitment to bettering the oversight of these workers and to help prevent work-related traffic accidents. All of this is to ultimately reduce the number of injuries and fatalities from these accidents. The new database is built off of the National Transportation Safety Board’s (NTSB) recommendations for comprehensive training for medical professionals who are in charge of medical certificates for these drivers.

In a month, the FMCSA will be posting its training and testing standards on its website. During this time, medical examiners, employers, drivers, law enforcement officers and members of the public will be able to review these standards and will be able to sign up for updates on the new rule.

In just a few years, all medical examiners conducting exams on truckers will be required to be listed in the database. Truck and bus drivers will also be required to get an examination at least once every two years from one of these qualified medical examiners. Failing to complete an examination can result in a loss of a commercial driver’s license.

Healthcare professionals who are looking to be a certified examiner can start registering on the Registry later this summer.
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There is a new campaign that is being led by the Occupational Safety and Health Administration (OSHA) and it is being used to help to prevent fatal fall accidents in Milton and elsewhere for those who are involved in the construction industry.

According to Hilda L. Solis, the Secretary for OSHA, the new safety campaign will be providing employees and employers with important life-saving education and informational materials to help to better protect workers who work on roofs, scaffolds, ladders and other high levels.

In 2010, there were over 10,000 workers in the construction industry who died in fall-related work accidents. Nearly 300 additional workers were killed in these kinds of accidents during the year. These numbers are far too high considering the preventative measures available to help curb these incidents.

Our Milton workers’ compensation lawyers understand that these kinds of accidents are completely preventable when the proper safety precautions are met on each and every work site. It’s important to spread the word and to help raise awareness about this problem to help to correct these dangerous work conditions that many workers throughout the U.S. face.

The recent announcement of the new campaign was made at this year’s Action Summit for Worker Safety and Health. The summit was held at a community college in Los Angeles and was one of the many events recognizing Workers’ Memorial Day. The U.S. Department of Labor sponsored this event and it is observed each year on the 28th of April to remember workers across the country who have lost their lives while working on the job. This event is used to raise awareness about these preventable work-related injuries.

Solis says that this is one of the best ways to honor these workers, to make sure that other families across the country don’t have to go through the same pain and heartache of losing a family member in one of these tragic accidents
Fall-related accidents continue to be the most common of all of the work-related accidents among construction workers. These kinds of accidents account for about a third of all construction worker fatalities. The message of this year’s campaign is “safety pays, and falls cost.” Employers and employees are urged to hop on board and make the changes to help make their work sites safer for everyone and to reduce the risks of fall-related accidents.

The new fall prevention program of this campaign was developed by OSHA, the National Occupational Research Agenda program and the National Institute of Occupational Safety and Health. These organizations and programs work together to help provide employees with educational materials, common-sense training as well as equipment strategies to help to halt these kinds of accidents.

“The busy summer months are upon us, and now is the time to ensure that workers and employers understand what is required to prevent falls,” said Dr. David Michaels, with the OSH.
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Distracted driving is becoming a bigger and bigger problem on our roadways with each passing day.

According to a recent article in USA TODAY, attention needs to be shifted off teen drivers and placed a little more on company drivers when discussing the risks of distracted driving. Now, companies are coming around and are starting to focus more on liability issues tied in with the dangerous habit and are looking into developing more policies to curb this behavior for their fleet drivers.

The emphasis is on helping to protect drivers from a work-related car accident in Boston and elsewhere.

Their policies are coming with the authority of a new federal law, too. There’s a new law on the books that makes it illegal for drivers of commercial vehicles to use any kind of handheld cell phone behind the wheel. This law impacts roughly 4 million bus and truck drivers across the country in addition to the tens of millions of other fleet drivers. This law pertains to those who drive a commercial vehicle that weighs more than 10,000 pounds and passes over a state border for business purposes.

Our Boston trucking accident lawyers understand that this law took effect back in January to get commercial truck drivers to hang up the phone behind the wheel! The law, enacted by the Federal Motor Carrier Safety Administration (FMCSA), comes with a near $3,000 fine and the loss of a license if drivers break it. Companies can face fines of more than $10,000.

“The new (federal) law does put the onus on business owners,” says Chris Hayes with Travelers insurance company, which is the country’s largest commercial vehicle insurer.

Right now, there are no states than prohibit all cellphone use for all drivers. Nine states prohibit handheld use and 35 states ban drivers from text messaging.

Don Taylor with the Los Angeles-based Reliance Steel & Aluminum says that liability is a big issue when it comes to work-related driving and cell phone use. His company has nearly 2,000 trucks on the road and they ban all drivers from using communication devices at the wheel. A driver can only use a phone or an electronic device if the vehicle is legally parked. This helps them to reduce the risks of accidents and help to keep drivers and innocent motorists safe.

One of the challenges facing companies with the new ban is not being able to get in touch with workers whenever they’re on the road. Companies are able to overcome the obstacles though. As Hayes says, if you get one driver in an accident because of distracted driving, then you’re losing out on important deliveries and that will cost you money along with the damages you’ve caused because of the accident. Driving without distractions is a win-win for everyone.
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More than $170,000 in fines were recently issued to Bath Iron Works. The company in Maine was cited for a number of serious and repeat violations for neglecting to help to protect workers from an on-the-job accident in New England, according to the Occupational Safety and Health Administration (OSHA).

The recent safety and health inspection comes from OSHA’s Augusta office. The inspection was conducted as a part of the Administration’s Site-Specific Targeting Program and its local program that is currently being used to focus on the dangers that workers face in ship- and boat-building and repair work environments. The safety and health inspection discovered that the company allowed a number of electrical, mechanical and fall dangers, among other dangers.

Our Boston workers’ compensation lawyers understand that workers on this New England work site were not provided the proper fall protection and were working on roof edges that were unguarded. The roofs had openings and various holes posing serious and potentially fatal fall risks to employees. In addition to these fall hazards, the company’s work site was also cited for having various trip and fall dangers, obstructed walkways, under-trained employees, failing to keep flammable chemicals properly stored, exposing electrical sheathing, not inspecting equipment properly, etc.

Because of these safety and health citations, the company was fined nearly $94,000 in repeat violations and another $78,000 in serious violations. The serious violations come indicate there was a high probability that serious injury or even death could have resulted from these specific hazards in which an employer probably knew or should have known about. The other half of the safety and health citations, the repeat violations, are filed by inspectors when a company has already previously been cited for the same or a similar violation within the last five years.

“We’ve focused on this industry because establishments primarily engaged in ship- and boat-building and repair…have higher-than-average injury and illness rates,” said William Coffin, OSHA’s Maine area director.

This recent safety and health inspection was all a part of the Administration’s effort to encourage employees to enact and enforce a sustained, effective, proactive and ongoing safety campaign aimed at workplace dangers and making the changes to eliminate these hazards.

The New England company now has 15 business days from the date of the citations to either comply, meet with an OSHA director or completely appeal the findings.
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Shawnlee Construction LLC has been cited by the Occupational Safety and Health Administration (OSHA) for neglecting to do its part to help to reduce the risks of work accidents in New England. The company, based out of Plainville, Massachusetts, is now facing roughly $50,000 in proposed fines. The fines come as a result of an OSHA inspection that determined employees faced fall risks of more than 11 feet. These fall risks could cost an employee their life if not fixed immediately and correctly.

“The sizable fine proposed in this case reflects this employer’s history of fall protection violations, having been cited for similar hazards in three different states over the past five years,” said Paul Mangiafico, and area director for OSHA.

Our Boston workers’ compensation lawyers understand that fall accidents continue to be the number one cause of fatal work accidents for employees who work in the construction industry. In this most recent inspection from OSHA, workers were observed being just a small step away from what could be a life-changing and debilitating or fatal accident. These kinds of work-related accidents end the careers of hundreds of workers every year. To help keep these workers safe on construction sites in New England and elsewhere, it’s important that they’re provided with the proper fall protection and safeguards. These measures can mean the difference between life and death.

After Swanlee Construction LLC was inspected by OSHA, they received one repeat violation. This was the violation for failing to provide workers with fall protection. It was a repeat violation because the company had already been cited with this violation at least once in the last 5 years.

Workplace injuries and illnesses in Massachusetts in 2007, according to the Massachusetts Occupational Injuries and Illnesses Report:

-The most work-related injuries and illnesses were experienced by workers between the ages of 35- and 44-years-old.

-The health and education industry represented about 30 percent of all work-related injuries and illnesses.

-The most common work-related injuries resulted from overexertion (30 percent), contact with equipment/objects (25 percent) and falls (nearly 20 percent).

-The most commonly experienced work-related injury is a sprain or a strain.

-The construction industry had the highest rate for work-related accidents, at more than 6 per 100 workers.

-More than 40 percent of work-related injuries and illnesses required employees to take time away from work to recover.

-Most commonly, work-related injuries happen to the trust, or an employee’s shoulders or back.

According to a recent study conducted by the Massachusetts Department of Public Health:

-More than 70 percent of Hispanic workers who had been involved in a work-related accident had never heard of OSHA.

-Nearly 50 percent of White workers were unaware of workers compensation benefits.
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