Articles Posted in Worker’s Compensation

The Occupational Safety & Health Administration has cited the U.S. Postal Service for willful and serious safety violations after reports that employees were exposed to electrical hazards that could have led to a serious or fatal Shrewsbury, Massachusetts work accident.

Our Boston workers’ compensation lawyers frequently report on the dangers faced by employees in the workplace. Electrocution is a danger that doesn’t always get mentioned with other leading types of fatal work accidents, like falls and transportation accidents. However, the Bureau of Labor Statistics reports that 168 workers were killed in work accidents caused by exposure to electrical current last year. Another 63 died after being exposed to overhead power lines.
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OSHA has proposed $238,000 in fines against the Central Massachusetts Processing and Distribution Center.

“These sizable fines reflect the Postal Service’s knowledge of and failure to address these hazards,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “For years, the Postal Service knew that allowing untrained employees to work on electrical equipment exposed workers to serious injury or worse. Despite this knowledge, the Postal Service did not take the necessary steps to change its practices and eliminate the hazards.”

Inspections began June 29 in response to an employee complaint and found that unqualified employees were permitted to work on electrical circuits and equipment. Additionally, the equipment was not de-energized prior to being serviced and employees were not supplied insulated tools and other safety equipment. As a result, the Postal Service was issued three willful citations, which means an intentional or voluntary disregard for the safety and health of employees. Those fines total $210,000.

Four serious citations were also issued totaling $28,000. Those fines cite a lack of proper employee safety training in electrical work practices, lack of proper personal safety equipment, and failure to perform periodic inspections of the Shrewsbury facility’s energy control procedures.
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The Occupation Safety & Health Administration is reminding New England employers of the dangers of Boston work accidents, and work injuries elsewhere in the Northeast, that can result from winter weather and snow removal.

Our Boston, Massachusetts workers compensation lawyers and premise liability attorneys understand the risk of serious or even fatal injuries that winter weather, icy and snowy parking lots and walking surfaces, and other winter conditions can bring to employees and customers alike.
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“Cleaning up after a storm encompasses a variety of tasks, each of which can carry risks if performed incorrectly or without proper safeguards,” said Marthe Kent, OSHA’s regional administrator in Boston. “We want people to know what those risks are and what steps they can take to protect themselves against these hazards.”

Hazards can include:

-Electric shock from downed power lines or underground equipment.

-Being struck by trees or other structures that collapse beneath the weight of snow.

-Chainsaw accidents or accidents involving snow blowers and other heavy equipment.

-Motor vehicle accidents.

-Falls from roofs, lifts or ladders.

-Carbon monoxide poisoning from generators, heaters and other power equipment that is not properly ventilated.

-Falls from snow or icy walking surfaces.

-Hypothermia, frost bite and other injuries from cold exposure.

Safety Tips Include:

-Coordinate downed power lines with utility companies.

-Use effective fall protection.

-Use caution around surfaces weighted with snow.

-Make sure electrical equipment is properly grounded and gas-powered equipment is properly ventilated.

-Wear appropriate eye and body protection.

-Clear walking surfaces of snow and ice and use salt or its equivalent where needed.

-Establish clearly marked work zones.

-Wear reflective clothing.

-Wear clothing appropriate for weather conditions, take plenty of breaks.

Information on safe cleanup after severe weather is available here.
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The Occupational Safety & Health Administration is moving to reduce the risk of construction accidents in Boston and roofing accidents in Massachusetts.

“Fatalities from falls are the number one cause of workplace deaths in construction. We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Almost every week, we see a worker killed from falling off a residential roof. We can stop these fatalities, and we must.”
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According to the Bureau of Labor Statistics an average of 40 workers are killed each year in falls from residential roofs. Latino workers account for one-third of such deaths. Typically, Latino workers also lack sufficient access and understanding of basic work-safety rights and protections.

Latino workers comprise one-third of those employed in the construction industry.

The new directive requires strict compliance with residential construction fall protection standards. Previously, a temporary rule had been in place since 1995 that allowed for some alternate methods. Such alternative methods are now only permitted if traditional fall protection is not feasible due to the residential environment imposed by the job site.

Construction and roofing companies have six months to comply with the new standards. OSHA is also hosting a webinar.

More information on residential fall protection in Massachusetts is available here.
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In the fight to lure “green jobs” the government is working to make sure state and federal safety regulators are prepared to ensure worker safety and to prevent Massachusetts work accidents and employee injuries.

Defined loosely as products and jobs that improve the environment, the so-called “green jobs” include wind energy, solar, insulation and sealants, hydrogen fuel cells, geo-thermal energy, biofuels, recycling and green roofs. Employees in these industries may be exposed to new manufacturing processes and may be at increased risk of a work accident covered through a Massachusetts workers’ compensation claim.
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The Occupational Safety & Health Administration cites exposure to Cadmium Telluride as an example. The chemical is a known cancer-causing agent and is used in the solar-energy industry.

“We’re all aware of the job opportunities that green jobs offer, and in the present economy, new technologies with the potential of new jobs are especially welcome,” said Dr. David Michaels, assistant secretary of labor. “We must use our knowledge and skills to identify potential hazards as they emerge. We can’t wait years for hazards to be completely characterized, to let industries shift their responsibility or defer workplace protections by producing “doubt” instead of actively practicing prevention.”

Accordingly, OSHA is pushing for Prevention through Design, which means instituting manufacturing processes and designing equipment with worker safety in mind. By utilizing worker safety and health professionals in the design process, engineers are encouraged to “design out” hazards employees may otherwise face.

The government notes that jobs in green technology will already carry many of the same risks as traditional employment, including transportation accidents, fall accidents and electrical or fire injuries.
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The Somerset Herald News reports a sanitation worker suffered a Massachusetts work accidents after falling off a garbage truck last week.

The employee reportedly suffered a head injury, although indications are that he would be back at work this week. Our Massachusetts’ workers compensation attorneys urge anyone injured on the job to undergo a through evaluation, particularly when a head injury is involved. Consequences of a head injury may take weeks, or months, to become apparent but can have serious or even fatal health consequences.
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Reports indicate heavy rain may have been a factor in the accident, which happened after 5 p.m. at the intersection of New Boston Road and Freelove Street. The paper reports the Fall River Department of Public Waste has had its share of accidents. Two other workers have been seriously injured in the past several years and at least three others have been hurt, primarily from falling off the trucks.

A spokesman noted that neither private nor public waste removal services use helmets or safety tethers to help reduce the risk of falling from trucks. One employee lost both legs after falling from the truck and being pinned by another vehicle.

Eight members of the 71-employee department are currently out on Massachusetts workers’ compensation claims, including three who have been off work for upwards of a year or more.

The Bureau of Labor Statistics ranks trash collection among the Top 10 most dangerous occupations, with injury rates surpassing even those reported by law enforcement.

More modern trucks use side-loaders instead of crews. Only 3 of the city’s 18 trucks are newer side-load models.
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The Occupational Safety & Health Administration will hold hearings in January on ways to reduce work accidents caused by slip, trip and fall hazards.
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Our Boston workers’ compensation attorneys know that fall accidents are among the leading causes of serious Massachusetts work injuries. Nationwide, 617 workers died in fall injuries last year, according to the Bureau of Labor Statistics. Eleven peopled died from falls on the job in Massachusetts.

“These public hearings will provide an important opportunity for stakeholders who will be impacted by the rule to share their concerns and provide input on the proposal,” said OSHA Assistant Secretary Dr. David Michaels. “Injuries and fatalities from fall hazards are a leading cause of work-related injuries and we need to have the best rule possible to ensure that we effectively address this serious hazard.”

The new rules aim to reduce the more than 3,700 cases of lost-time accidents resulting from work-surface fall accidents.
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The nation’s largest retailers are being warned by the Occupational Safety & Health Administration that they are responsible for the safety of employees and guests during the holiday season, particularly during sales events designed to draw crowds for Black Friday.

Our Massachusetts workers’ compensation lawyers and Boston injury attorneys know that work accidents or premise liability cases can arise when retailers purposefully attempt to draw huge crowds for in-store promotions. Yahoo! reports this year’s hot items will include HDTVs, e-readers and iPads.
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OSHA sent a letter to the CEOs of 14 of the nation’s largest retailers, highlighting the agency’s “Crowd Management Safety Tips for Retailers,” and reminding them of the 2008 death of a retail employee, who was trampled to death at a Back Friday sales event.

“Crowd-related injuries during special retail sales and promotional events have increased during recent years,” said Assistant Secretary for OSHA Dr. David Michaels. “Many of these incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season.”

Tips for retailers include:

-Make sure all employees are aware the doors are opening.

-Staff entrance with security personnel.

-Use public address systems to maintain order.

-Position door personnel to the side of the entrance and not in the path of customers.

-Do not permit a store to exceed maximum capacity.

-Provide a safe entrance for people with disabilities.
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The Occupational Safety & Health Administration has announced immediate changes to how companies must conduct outreach safety training programs after concern that employers were cramming training into unreasonably long workdays, thereby endangering employee safety.

Our Boston work injury lawyers are too often called to represent an injured employee after a Massachusetts work accident that could have been prevented with proper training and/or safety equipment. Unfortunately, employers sometimes put profits before safety. Amid the current economic challenges, OSHA became concerned that employees were not being provided adequate time to digest information provided in 10-hour and 30-hour training courses — primarily because companies were holding the training sessions in one-day or three-day marathon sessions.
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The revisions permit a maximum of 7.5 hours of safety training a day. Ten-hour sessions must be held over at least two days. Thirty-hour sessions must occur over a minimum of four days.

“Limiting daily class hours will help ensure that workers receive and retain quality safety training,” said Assistant Secretary of Labor for OSHA David Michaels.

The government was also concerned that the minimum training hours were not being met during 13- or 16-hour training days after breaks, lunch and other down time was taken into account.

A safety training fraud hotline has also been established, where fraud can be reported by employees or other interested parties.

The Outreach Training Program involves more than 17,000 independent trainers who teach employees workers’ rights and how to identify and prevent workplace hazards. The 10- and 30-hour classes are for construction, general industry and maritime, while a 16-hour class is provided for disaster site workers.
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A Boston work accident resulting from a collapsing gas-line trench has resulted in a $36,500 proposed fine, the Occupational Safety & Health Administration reported.

OSHA cited National Grid for six alleged serious violations of trenching safety standards after an employee was injured by a falling rock. The June 21 collapse of the gas line trench happened on Woodbine Avenue in Boston.

Boston workers’ compensation lawyers understand the inherent dangers faced by workers in trenches. Excavated dirt left at the edge of the trench can increase the pressure on trench walls. Heavy equipment working at the edges can increase vibrations in the ground and increase the risk of a trench collapse. Employers have an obligation to provide employees with the proper training and equipment necessary to stay safe when excavating or working in trenches.

Construction accidents caused by trench collapses result in an average of more than 70 deaths a year. Ten times as many workers are injured.

In this case, OSHA found the trench lacked protection against wall collapse and exposed workers to being struck by falling rock and soil. The workers also lacked proper training and the trench had not been properly inspected.

“This is precisely the type of incident OSHA’s excavation standards are designed to prevent,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “A competent inspection would have identified and allowed these hazardous conditions to be fixed before workers ever entered the trench. I urge employers to prevent incidents such as this one by always following proper procedures and ensuring effective trenching safeguards at all jobsites.”
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A Fall River, Massachusetts construction accident has resulted in a roofing and siding contractor being fined $70,000 by the Occupational Safety & Health Administration.

Miranda Roofing faces the maximum proposed fine for failing to provide fall protection for employees working on a roof in Portsmouth, according to OSHA. The willful violation is defined as one committed with plain indifferent to or intentional disregard for employee safety and health.
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Our Massachusetts workers’ compensation attorneys represent clients who have been seriously injured or killed in fall accidents in Boston and throughout Massachusetts. Employers must provide the proper safety training and equipment for employees working at height. When they don’t, and an employer is seriously injured or killed as a result, the employer can and should be held responsible.

“We found employees working without any form of fall protection at heights up to 15 feet, even though this employer well knows the requirement for fall protection whenever employees work at heights of 6 feet or above,” said Patrick Griffin, OSHA’s area director for Rhode Island. “We’ve proposed the maximum fine because of the severity of this hazard and this employer’s repeated history of failing to ensure fall protection for workers at other jobsites.”

OSHA reports the company has been cited five times since 2005 for failing to obey fall-prevention safety regulations. Fall accidents are the leading cause of construction deaths and one of the main causes of fatal work accidents nationwide. The Bureau of Labor Statistics reports that 617 of the nation’s 4,340 fatal work accidents were caused by falls last year. Massachusetts fall accidents resulted in 12 work-related deaths.

“Falls are the leading cause of death in construction work,” said Griffin. “Each time the employer fails to provide fall protection, the employees are exposed to potential death or disabling injury.”
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