Worker's Compensation

March 2, 2011

Massachusetts company cited for work safety claims involving electricity

Northeast Hospital Corp. in Beverly was recently cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for alleged violations of electrical safety standards. OSHA was alerted to the issues by a complaint from a worker. Proposed fines for repeat and serious violations would be $63,000.

Our Massachusetts workers’ compensation attorneys understand the extreme dangers and devastating injuries caused by electricity.

Inspectors found employees changing circuit breakers on live electrical panels. This is extremely dangerous and exposes the workers to the risk of arc flash incidents, burns, electric shock and electrocution. While working on live electrical panel’s employees either did not use or lacked personal protective equipment. Other issues found included a lack of consistent testing of electrical protective equipment; work practices related to electrical safety were not used; and no specific plans were in place for controlling electric current while replacing electrical breakers.

Four serious citations were issued following the inspection, resulting in $28,000 in fines. Serious citations are issued by OSHA when there is substantial risk of serious physical harm or death from hazards that the employer knew or should have known about.

One repeat citation was issued with a fine of $35,000 for not closing unused openings in cabinet motor control centers and electrical panels. The hospital was previously cited for this same issue during a May 2010 inspection. A facility receives a repeat citation if they have been cited for the same violation in the last five years.

“Electricity can kill or severely injure workers, literally in a flash. There is no margin for error here,” said Jeffrey Erskine, OSHA’s area director for Essex and Middlesex counties. “That’s why it is vitally important for the safety and well-being of employees working with electricity that they be properly trained and equipped with effective protective equipment.”

OSHA explains the three types of burns caused by electricity:

-Electrical burns occur, usually to the hand, when electric current passes through or goes near your body.

-Arc burns occur from an electric arc, which is when a very strong electric current jumps from a gap in a circuit. An example of an electric arc occurs in welding and an extreme example is lightning. The extreme heat from the arc causes the burn.

-Thermal contact burns are caused from extreme heat or fire from malfunctioning electrical equipment.
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February 24, 2011

Massachusetts health care workers face unique work-injury risks

by Jeffrey S. Glassman

Our Boston workers’ compensation lawyers know the dangers faced by health care employees that work around toxic substances and airborne infectious agents.

A recently produced training video done by the Occupational Safety and Health Administration (OSHA) explains the proper use of respirators for health care employers and workers. The video also illustrates the proper procedures to follow in a health care setting to protect workers from airborne hazards.

OSHA estimates that 5 million workers, in 1.3 million workplaces throughout the United States, are required to wear respirators.The video explains the significant components of a respiratory protection program, which include:

-Medical evaluations: employers use a questionnaire to ask workers their medical history. Workers with chronic cardiac or respiratory conditions that make it hard for them to breathe normally may not be able to use respirators without their doctor’s consent.

-Fit-testing: ensures that the respirator fits properly against the face and allows room for talking and eye protection. Certain respirators can not be used with workers that have facial hair.

-Maintenance: ensures proper cleaning and disinfecting of the respirator which doesn’t damage the respirator and doesn’t cause harm to the user.

-Training: how to use the respirator properly.

In the health care setting common respiratory hazards consist of airborne infectious agents that cause diseases such as chicken pox, tuberculosis, measles, pandemic influenza and severe acute respiratory syndrome (SARS). The video goes on to explain the difference between a surgical mask and respirator.

Respirators differ from surgical masks because surgical masks don’t protect the user from breathing in tiny particles like mold and dust. Surgical masks also don’t fit tightly against the face and this allows air particles to leak in around the edges.

Proper respirator use is demonstrated to help protect workers from being exposed to airborne chemical hazards.

“Employers can’t rely on respirators providing the expected protection if they don’t train their workers on how to use them properly,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “This video is an important training tool that teaches proper respirator use and discusses employers’ responsibilities under OSHA’s respiratory protection standard.”
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February 18, 2011

Dangerous trenches led to Massachusetts work safety violations

by Jeffrey S. Glassman

Our Boston workers’ compensation lawyers frequently report on contractors that face workplace safety violations. And we understand the risk construction workers take when employers don’t make safety the priority.

An administrative law judge has sided with the U.S. Department of Labor upholding eight citations and $91,200 in fines given to a Boston contractor.

The Occupational Safety and Health Administration (OSHA) had cited Shawn Telsi following an inspection back in August 2009 at a construction site located at 394 Dedham St. in Newton, Mass. Telsi does business under the names of Life Time Homes, Green Pines and/or Telsi Builders.

The OSHA inspectors found workers without cave in protection, potential falls in uncovered 7 foot deep holes, lack of head protection, impalement hazards from steel rebar, and lack of safe exit from holes which had dirt piled at the edges.

Telsi contested the fines and citations to the independent Occupational Safety and Health Review Commission.

“Serious, life-threatening hazards remained uncorrected even after they were brought to this employer’s attention,” said Marthe Kent, OSHA’s New England regional administrator. “In one instance, had the unprotected 14-foot-high excavation wall collapsed, it would have engulfed workers who were pouring concrete formwork and crushed them beneath tons of concrete, soil and debris.”

A regional OSHA representative said the ruling upholds the federal agency’s commitment to workplace safety.

“Employers must understand that they cannot disregard standards meant to protect the life and safety of their employees without facing consequences,” said Michael Felsen, the Labor Department’s regional solicitor for New England. “This decision not only affirms OSHA’s findings, it also shows that the Department of Labor will not hesitate to pursue appropriate legal action on behalf of America’s workers.”

OSHA requires a protective system on any trench that is 5 feet or deeper, unless the trench is made in stable rock. There are several different types of protective systems including:

-Shoring: requires installing supports to prevent the soil from moving.

-Sloping: requires cutting the trench wall back away from the excavation.

-Shielding: uses trench boxes placed in the excavation area to prevent cave-ins.

Other rules to keep in mind around trenches: don’t allow heavy equipment near trench edges, keep extra dirt at least 2 feet away from trench edges, inspect trenches after it rains and prior to each shift, and know if there are underground utilities in the area.
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February 12, 2011

Hispanics at high risk for Massachusetts work accidents

by Jeffrey S. Glassman

In a previous blog about roofing accidents, our Boston Personal Injury Attorney Blog reported that one third of roofing accident victims are Latino workers. Latino workers make up a third of those employed in the construction industry and are often uneducated about safety rights and necessary protection that should be used to avoid accidents at the work site.

Our Massachusetts workers’ compensation lawyers know that Latinos are injured or killed at a faster pace on the job than any other nationality in the United States. That is why Latino deaths on the job is a continued focus for the Occupational Safety & Health Administration.

OSHA believes these deaths occur because many of these workers are untrained when it comes to workplace safety and face discrimination by employers because of their inability to speak English fluently. Also related as a contributing factor is the fact that Latinos work at some of the most high-risk and dangerous jobs in the Northeast region.

According to a study reported by U.S. News over 11,000 Hispanic workers died from work-related injuries during the period of 1992-2006. This equated to approximately 13% of all work-related fatalities, and a higher rate than white or African American workers in the United States.

In 2006, there were approximately 19.6 million workers in the U.S. that were Hispanic. According to the study, the average age at death for Hispanic workers was 35 years old and 95% of deaths were men.

Latinos working high-risk jobs like construction factor in the higher death rate. Other jobs considered at high risks for Hispanics are waste services, agriculture, transportation, and warehousing.

Last year, OSHA hosted a summit in Houston which included Latino workers, employers, unions, health and safety professionals, and government representatives. The goal was primarily to focus on minimizing injuries among Latino workers by increasing their knowledge through workshops and exhibits about workplace rights and how to voice their concerns when it comes to these rights. Some exhibits highlighted successful employers who have effective programs in training Latinos, while others offered resources to prevent worker deaths and injuries on the job both to employees and employers.

Employers have a responsibility to train each of their employees equally about the hazards faced on the job. Minimizing language barriers and increasing on-the-job training can help lessen the risks of Boston work accidents.
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February 10, 2011

Electricity a primary cause of work accidents in Boston

by Jeffrey S. Glassman

The electrical power and transmission industry is extremely important to consumers who need power to go about their day. But for the workers who work in this field, it can be extremely dangerous.

Our Massachusetts workers’ compensation lawyers feel that given the magnitude of the dangers employees face in these kinds of companies, safety should be a priority above all others in this industry.

Every two to three years, Occupational Safety & Health Administration renews their partnership with power transmission and distribution trade associations. Recently renewed in January, their goal will be to reduce injuries, illnesses, and fatalities of workers in the electrical transmission and distribution industry.

“I am pleased to see the members of this OSHA Strategic Partnership back at the table today to sign a new agreement. This tells that the previous years of the partnership have been successful for everyone concerned and that you find value in working with OSHA and with each other,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The families of workers in this industry are counting on us to work together so that every worker returns home, safe and healthy, at the end of every single workday.”

Other members of the partnership joining OSHA include: Quanta Services, Inc., Pike Electric Inc., National Electrical Contractors Association, MYR Group Inc., MDU Construction Services Group Inc., Henkels & McCoy Inc., Edison Electric Institute, and Asplundh Tree Expert Co.

Other proposed goals for this group is to determine the causes of the injuries or fatalities so that steps can be recommended in preventing them; training employees once the methods for safety are established; and designing a strategy to make sure the goals of the partnership are being reached.

The partnership has experienced success in achieving goals in the past. The number of deaths went from 6 in 2008 to 2 in 2009. They also saw a reduction in Days Away from Work, Restricted Work Activity, and Transfer in Jobs reduced from a rate of 4.04 in 2008 to 2.95 in 2009.

OSHA offers a 10-Hour Outreach Training program that was completed by almost 4,400 workers in the electrical transmission and distribution industry. The completion of the program is advantageous due to the fact that workers can be trained on occupational safety and health hazards, as well as prevention methods to reduce illness, injuries, or fatalities on the job.

Most people probably take for granted having power in their homes and work places. There are dangers like electrocution and fires that are involved in jobs that help supply this power to consumers. Employers in these industries need to ensure the safety of their employees to prevent the risk of injury or fatality from occurring.
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February 8, 2011

Boston work injuries often involve musculoskeletal disorders

by Jeffrey S. Glassman

Our Massachusetts workers’ compensation attorneys frequently report on accidents and injuries caused by work environments and that is true of musculoskeletal disorders.

The U.S. Department of Labor’s Occupational Safety and Health Administration has for the time being withdrawn its proposed work-related musculoskeletal disorder (MSDs) column on employer injury and illness logs.

OSHA will be gathering more input from small businesses on this proposal with the assistance from the U.S. Small Business Administration’s Office of Advocacy.

“Work-related musculoskeletal disorders remain the leading cause of workplace injury and illness in this country, and this proposal is an effort to assist employers and OSHA in better identifying problems in workplaces,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “However, it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community.”

In 2009 theBureau of Labor Statistics, reported that 28% of all workplace illnesses and injuries requiring time away was from work-related musculoskeletal disorders. Overall there were 348,740 cases of MSDs, at a rate of 33 cases per 10,000 full time workers. Backs had the greatest risk of injury. Occupations of nursing aides, orderlies, and attendants had a back injury rate of 226 cases per 10,000 full time workers.

Under the proposed rule the existing requirements would not change regarding when employers must record work-related musculoskeletal disorders on their illness and injury logs. A large majority of small businesses aren’t required to keep track of work-related injuries and illnesses. Companies that are currently required to use the OSHA Form 300 log to document work related illnesses and injuries would now have to check a box in a new MSDs column.

The history of the MSDs column dates back prior to 2001, when the OSHA form had a column combined repetitive trauma disorders like noise and many kinds of musculoskeletal disorders. In 2001, OSHA gave noise its own column, MSD was also given a separate column but it was deleted in 2003. This new ruling would put the MSD column back on OSHA Form 300.

Jointly the U.S. Small Business Administration’s Office of Advocacy and OSHA will meet with small businesses to discuss this proposal. OSHA also recently backed away from instituting tougher requirements for reducing employees exposure to noise in the workplace.
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February 6, 2011

Massachusetts contractor faces work-safety violations

by Jeffrey S. Glassman

A Wilmington, Massachusetts contractor is facing fines of $235,000 for citations, centered around fall hazards, issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).

Our Massachusetts workers’ compensation lawyers are often called to represent employees injured in fall accidents. Falls are among the most common types of serious and fatal work accidents in Boston and throughout Massachusetts.

NER Construction Management Inc. was cited for exposing its workers to falls and others hazards at a job site located in Boston.

Fall protection was not used when workers reached heights up to 17 feet while power washing a building and taking apart a scaffold. The employer also failed to completely plank the scaffold being used by workers to power wash the building.

“A fatal or disabling fall can end a life or a career in seconds,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “Scaffolding is an essential tool – and fall protection a basic and required safeguard – for this type of work. There’s no reason for an employer’s failure to have proper and effective protections in place and in use at all times at all jobsites.”

OSHA inspectors issued 3 willful citations for these infractions to the company, with proposed fines of $210,000. A ‘willful’ violation means an employer knows that a hazard exists and makes no reasonable attempt to correct it.

In addition to the 3 willful citations, 6 serious citations were also issued in the amount of $23,500. These violations included missing guardrails, faulty scaffold construction, improperly trained employees on the safe operation of powered industrial trucks, no emergency eye washing station and failure to guarantee the use of face, head and eye protection.

Serious violations, that the employer knew or should have known about, have a considerable chance causing death or serious harm to an employee.

Lastly, insufficient record keeping resulted in another $2,000 fine for other-than-serious citations. This type of violation does not cause serious physical harm or death but is related to job health and safety.

Georgoulis Construction Inc., a roofing contractor, was also recently cited for fall hazards at a work site in Tewksbury.

Georgoulis employees were observed by an OSHA inspector and cited for failing to use fall protection and improper use of ladders. Fall protection is needed whenever an employee is working on a roof that is higher than 6 feet. When using a ladder to get onto a roof, the top of the ladder has to extend 3 feet higher than the roof.

“The size of this penalty reflects the gravity of the hazard and the employer’s knowledge of its existence,” said Jeffery A. Erskine, OSHA’s area director for Middlesex and Essex counties. “A fall can occur in seconds but the resulting injuries can be permanent or end a life. There’s no reason for failing to provide this essential and legally required safeguard for workers.”

The company was cited for 1 willful citation for lack of fall protection, and 1 serious citation for improper ladder use, with proposed fines of $54,000.

In 2009 the Bureau of Labor Statistics reported 59 fatal occupational injuries in Massachusetts, 11 were due to falls.
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February 3, 2011

Massachusetts to celebrate 100 years of workers’ compensation rights

by Jeffrey S. Glassman

2011 marks the 100th anniversary of Massachusetts workers’ compensation law; the state is generally considered to be the second to enact a workers’ compensation statute when it did so on June, 28, 1911, according to WorkersCompensation.com

Today the program protects thousands of Massachusetts employees, by providing medical care, lost wages and other benefits to employees who are injured as the result of a Massachusetts work accident. Our Boston workers’ compensation lawyers work with families each day to help ensure they collect all of the benefits to which they are entitled.

Workers compensation laws were enacted as the Industrial Revolution made it necessary to change the way compensation was handled for deaths and injuries as a result of workplace accidents. Wisconsin claims the first workers’ compensation law. Massachusetts joined eight other states to follow behind.

Massachusetts plans a centennial commemoration for April 7. The event will be hosted by the Massachusetts Academy of Trial Attorneys, the Massachusetts Bar Association, and the Department of Industrial Accidents, among others.

The event is expected to draw leading scholars of workers’ compensation for a symposium looking at economic, labor relations and legal concepts. A book is also being planned. As is a dinner in the Rose Kennedy Ballroom at the Intercontinental Hotel in Boston.
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January 23, 2011

Hearing loss a significant cause of Boston work injuries as government hedges on new rules

by Jeffrey S. Glassman

Though hearing loss is not fatal, it remains a serious occupational hazard for workers who earn their paycheck from noise-related industries like construction, manufacturing, entertainment, transportation, mining, or military.

An average of only 15% of employees uses hearing loss protection in these high-risk occupations. This is why our Boston workers’ compensation attorneys are concerned about a recent announcement from U.S. Department of Labor’s Occupational Safety and Health Administration, which is backing away from enforcing tough new rules on noise pollution in the workplace after complaints from big business.

OSHA released a statement that they are not proceeding with the proposed “Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise” due to lack of resources and public outreach needed.

What this means is they won’t make an attempt to define what feasible administrative or engineering controls are as established by OSHA’s noise standard. Essentially they are backing off of a plan to require employers to do more than just provide ear plugs to employees endangered by excessive noise in the workplace.

“Hearing loss caused by excessive noise levels remains a serious occupational health problem in this country,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “We are sensitive to the possible costs associated with improving worker protection and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards.”

Michaels emphasizes that OSHA remains dedicated to finding solutions and preventions to reduce the toll some workplace environments can take on workers’ hearing. What else is he going to say?

However, OSHA’s lack of action means either that it did not properly consult with the various industries, which it had decades to do before making the announcement, or that it is buckling under the pressure of industry complaints.

In 2008, Bureau of Labor Statistics reported over 22,000 hearing loss cases. OSHA said it will regroup and work on the issue by:

-Getting the views of employers, employees, and public health officials by holding stakeholder meetings to discuss occupational hearing loss prevention.

-Consulting with the National Institute for Occupational Safety and Health experts about cases and feedback they can offer for hearing loss prevention.

Gotta love those stakeholder meetings.

As part of a hearing conservation program evaluation checklist, the Centers for Disease Control and Prevention and National Institute for Occupational Safety and Health offers the following questions to determine engineering and administrative controls in the workplace:

-Has there been an evaluation conducted to determine the full potential of administrative controls? For example, break or lunch rooms are sound treated for employees; noisy processes conducted during less popular shifts.

-Are projects determining noise control completed in a timely manner?

-What training has been given to employees or supervisors who operate and maintain noise control devices?

-Are workers consulted and asked opinions about plans for noise control measures?

-Has various options for cost-effectiveness been discussed?

-What priority has been associated with noise control needs?
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January 16, 2011

Worcester company cited for Massachusetts work-injury violations involving trench safety

by Jeffrey S. Glassman

A Worcester construction company has been cited by the Occupational Safety & Health Administration with exposing employees to dangerous working conditions in Quincy, Massachusetts.

The government contends that dangerous trenching conditions exposed workers to the potential of being seriously injured or killed in a Massachusetts work accident.

OSHA reports that employees of JE Amorello Inc. were working in a trench deeper than 8 feet that lacked proper shoring and sloping, which could prevent collapse. The government issued the company one willful citation and a proposed fine of $15,400.

“Employers know the unprotected walls of a trench can collapse suddenly and without warning, stunning and crushing workers beneath tons of soil and debris before they have a chance to react or escape,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “Even though no collapse occurred this time, allowing employees to enter and work in an unprotected trench is both dangerous and unacceptable.”

The inspection also found that the trench did not have a ladder for a swift exit. Brick and excavation material was also found stored at the edge of the trench walls, which can induce collapse. Those conditions resulted in two additional fines totaling $4,620.

OSHA rules require safeguards for all trenches in excess of 5 feet deep. OSHA trenching guidelines for workers and employees are available here.

The Centers for Disease Control reports an average of more than 50 people a year are killed in trench accidents. Three quarters of those deaths are caused by cave-ins.
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