Articles Posted in Boston Work Accidents

In a recent St. Patrick’s Day celebration, throngs of thousands of party-goers, decked in green and thoroughly intoxicated, lobbed bottles, cans and even snowballs at police officers who tried to disperse the disruptive crowds in North Amherst in western Massachusetts.

Meanwhile, EMS crews, paramedics and emergency room staff were coping with combative, drunk patients who were dangerously intoxicated – and just plain dangerous. Bars and restaurants had to call for help on numerous occasions in trying to break up fights or quell disorderly patrons.

And on the roads, as workers made their way to various job sites in the early morning hours, they encountered numerous drunk drivers.

Our Boston workers’ compensation attorneys know that emergency crews, hospital employees and entertainment venue staffers tend to be well-trained to cope with intoxicated individuals who pose a risk to themselves and others. They are ready on and around holidays such as St. Patrick’s Day – especially in Massachusetts, where Irish heritage is a source of great pride.

But escaping the holiday without a work-related injury on St. Patrick’s Day should be more than just a matter of luck.

A lot of times, when we think of workers being injured in a workplace violence incident, we think of a loan gunman who is mentally unstable. Sometimes, that happens. But aggressive encounters are almost status quo for emergency crews.

While most employers have an inherent responsibility to provide a safe working environment for their workers, police agencies don’t really have that luxury. However, they – and all employers that know their workers may be put at risk in these situations – need to equip their staff with the appropriate training, tools, back-up and protections to ensure the risk of harm is minimized.

Even a little foresight can go a long way.

For example, throughout this month, a number of restaurants, bars and clubs are offering St. Patrick’s Day specials with cascades of cheap drinks and discounts on pub crawls, some starting as early as 10 a.m. These locations also need to consider offering deals on food and non-alcoholic drinks. Also, programs that provide inexpensive or free taxi services to keep revelers off the roads could exponentially improve safety amid the celebrations.

Police and EMS workers are always on the alert for a potentially dangerous situation and tend to be well-equipped to tamp down an escalating situation. EMS workers responding to these events were given helmets and turnout gear to protect from hurled bottles and other debris.

But of course, it’s never full-proof, and the risk of being hurt on the job is always a concern.

In the Amherst celebrations, there were many reports of patrons and partiers being injured, but only one officer was reportedly hurt, after suffering a minor wrist injury. This is nothing short of a miracle, considering that the fact that individuals were arrested for offenses such as: disorderly conduct, failure to disperse from a riot, assault with a dangerous weapon, arson for trying to alight furniture and minors in possession of alcohol.

We sincerely hope we are lucky this year, and that this minor injury will be the extent of workplace injuries this holiday weekend.
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Strikes are a fact of life within the United States labor industry and are a bargaining tool often used by unions when an employer and union cannot agree on the terms and conditions of employment. Unfortunately, while strikes may be used to secure benefits for one group of workers, they also create serious risks of workplace injury for others.

Our Boston work injury attorneys urge employers and employees to be aware of the workplace risks presented by strikes. Ultimately, it is the job of the employer to mitigate and minimize the risks and to present a safe environment for any workers at the worksite even if those workers are only there temporarily.

Worksite Injury Risk Increased by Temporary Workers
On February 8, 2013, the Bureau of Labor Statistics released their summary report on major work stoppages that occurred in 2013. According to their report:

• There were 19 major work stoppages in 2012. Work stoppages designated as “major” stoppages included those involving at least 1,000 workers that lasted for at least one shift.
• The total number of work stoppages in 2012 was the same as the number of work stoppages in 2011.
• In 2012, there were 148,000 workers who were idled by major work stoppages. This is up from 113,000 workers idled in 2011.
• In 2012, there were 1.13 million idle days resulting from work stoppages. This, too, reflects an increase from 2011 when there were only 1.02 million idle days as a result of work stoppages.
• The longest work stoppage occurred as a result of a dispute between Lockheed Martin Corporation and the Local 776 unit of the International Association of Machinists. This stoppage lasted 48 workdays, resulted in 3,600 workers made idle and accounted for 172,800 idle days.
• Another major work stoppage involved the American Crystal Sugar Company and the Bakery, Confectionary, Tobacco Workers and Grain Millers, Sugar Council. The stoppage dates back to August 1, 2011 and resulted in 445,000 days idle since this August date. In 2012 alone, there were a total of 308,100 idle days.

These statistics show that there were thousands of workers who went on strike in 2012, resulting in hundreds-of-thousands of workdays missed. In many cases, when workers strike, employers bring in strike breakers. These are replacement workers who are willing to do the job of those on strike so that the business can remain open.

Unfortunately, the replacement workers may not be fully trained in the work performed by the regular workers. They may not know the machines and the industry as well as the workers who are on strike, especially since typically when a union goes on strike other workers in the field will be unwilling to cross the picket line and take over the jobs. This means that inexperienced workers or even workers without the exact skills necessary may be brought in to fill the void caused by the striking workers.

These temporary workers, therefore, are in danger of getting hurt as they try to do jobs that they aren’t fully and completely equipped to do. Employers must provide proper training and supervision and do everything possible to protect the safety of these workers to avoid workplace injury. While it may be expected that the number of workplace injuries go up with temporary workers, this does not excuse an employer’s obligation to provide a safe work environment. Further, employers can still be held legally liable for any injuries that occur to their employees on the jobsite, even if those employees were hired only as a result of a strike.
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The Occupational Safety And Health Administration (OSHA) is in charge of setting and enforcing safety standards throughout the United States. Recently, OSHA conducted an inspection of a Massachusetts wholesale food manufacturer and distributor to determine if the distributor was living up to its obligations. Unfortunately, OSHA found that the distributor was falling short and cited and fined the company.

The manufacturer/distributor was Progressive Gourmet Inc., and it now faces $73,400 in fines. Our Boston workers’ compensation attorneys understand employers are in the best position to prevent workplace injury. We hope that OSHA’s tough actions in this case will serve as a reminder to all employers within the state that complying with worker safety regulations needs to be a top priority.

Massachusetts Wholesale Food Company Fined for Violations
OSHA began conducting inspections of Progressive Gourmet Inc. in September of 2012 in response to complaints from employees. OSHA discovered some troubling conditions during these inspections. For example, OSHA found that:

• The facility did not have adequate safety procedures in place to prevent machines such as ovens, conveyers and cookers from starting unintentionally when workers performed service and maintenance. As a result, workers were in danger of becoming seriously injured if the machines turned on as work was being done.
• The facility failed to provide training and information on powering down and locking out the power sources of machines before performing maintenance on them. This could lead to electrocution and electrical burns for employees performing machine maintenance. Fines for this offense, combined with fines for the offense of failing to have procedures to prevent machines from starting unintentionally, would total $55,000.
• The manufacturer failed to conduct routine inspections and to keep up with maintenance to ensure that the anhydrous ammonia refrigeration system in the plant was operating safely.
• The facility did not have sufficient space between overhead piping containing ammonia and materials stored below the piping.
• The facility had wet floors where work was being performed, creating a tripping hazard. For the failure to inspect and maintain; the insufficient piping; and the wet floors, Progressive Gourmet Inc. was charged $18,400 in fines.
• The perspective fines total a large sum – $73,400- due to the seriousness of the violations as well as due to the multiple violations. When there is a hazard that employers know about or should know about and that hazard puts employees at risk of death or serious harm, then the safety violation is a serious one with a substantial fine.

Employees in this case could have been at risk of exposure to ammonia, which could make them very sick or even cause death. Employees also could have been electrocuted, crushed or otherwise injured due to machines starting during maintenance or electrical surges while machines were being worked on.
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The Occupational Safety & Health Administration (OSHA) is continually trying to make workplaces safer for employees. This is especially true on worksites where there is high risk of injury or where there are many hazards. OSHA aims to fulfill its goal of preventing worker injuries and deaths by using a number of means including setting employer regulations and inspecting worksites.

On January 8, 2013, OSHA issued a trade news release outlining some specific steps it plans to take in 2013 in order to try to tackle some key issues at “high-hazard” workplaces. Our Boston workers’ compensation lawyers support OSHA efforts to try to make these dangerous worksites safer.

OSHA’s 2012 Plan for High-Hazard Worksites
OSHA created its inspection plan for high hazard workplaces under the Site-Specific Targeting 2012 program (SST program). The program aims to direct the agency’s enforcement resources to non-construction worksites with 20 or more workers and with the highest risk of illness and workplace injury.

To create the list of targeted workplaces that will be subject to SST inspections, OSHA reviewed injury and illness data collected from a survey of more than 80,000 large establishments. The data was analyzed to identify at-risk worksites and industries where inspections will be focused.

In order to determine the effectiveness of the SST program, OSHA also announced it will be conducting a study this year. The study will focus on 1,260 SST establishments that are randomly selected. By examining the impact of OSHA’s SST plan at these locations, OSHA can make a determination whether its targeted efforts have improved safety records and reduced injury. This will be helpful in providing guidance for OSHA on how to continue its targeted inspections in the future.

OSHA also announced that nursing and personal care establishments would not be considered part of the SST program this year, although they were in the past. Inspections of these worksites will be facilitated by OSHA’s Nursing and Personal Care Facilities National Emphasis program, thus opening up the door for other targeted inspections in other industries under SST.

By identifying specific industries where enforcement efforts are to be targeted and by streamlining and studying the list of inventories where efforts are focused, OSHA will hopefully help to make some of the most dangerous worksites a little bit safer for workers.

State and Local Inspection Programs also a Concern For OSHA While announcing their plans for site specific targeting, OSHA also issued a reminder that other high-risk industries and hazards are also subject to careful inspection. In fact, OSHA has approximately 140 Regional and Local emphasis programs that allow for programmed inspections to target high-risk industries and hazards on the local level. These are separate from their SST inspection focus.

These Regional and Local emphasis programs supplement the eleven National Emphasis Programs that OSHA uses to direct resources to inspect for lead, silica and process safety management issues.

OSHA, therefore, made clear that its 2013 plans will continue the agency’s efforts to both focus resources on high-hazard worksites under site specific targeting programs but also to continue to provide widespread monitoring and regulation on the most dangerous workplace issues across all industries.
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Most of us would like to snuggle up by the fireplace and admire the snowy weather from the warmth of our own home. But for many others, that winter weather is an office. We’re talking about those who work outside all day, each day, season after season.

Many workers love this kind of work. Many enjoy working so near to Mother Nature. Those are the ones who can’t imagine working in a cubicle and those are the ones who face some of the most serious risks for accidents on the job when the weather turns inclement.

According to the Boston Globe, many of the area’s government agencies employ these workers, including the Massachusetts’ Environmental Police. These officials work to promote and enforce the laws of the Commonwealth. This helps to protect our environment and the natural resources it offers. This job calls for a lot of time outside, in the woods and on the water.

Our Boston workers’ compensation attorneys understand that prolonged exposure to freezing or cold temperatures may cause serious health problems. These problems can include frostbite, hypothermia and even trench foot. Many of these conditions can be serious or even fatal.

“You learn to dress for it,” said a local park ranger. “I may not be a fashion plate, but I’m not cold. I may look like one of those guys from Stalingrad, but it gets the job done.”

Luckily, there are ways that we can help to keep these workers safe. Read and review the following safety pointers and make sure that all of your outdoor workers are following along.

-Be sure that everyone understands and is able to recognize the symptoms and conditions of cold-induced illnesses and injuries. You also want to make sure they understand the steps that need to be taken when these conditions are identified.

-Make sure that all workers are properly trained.

-Be sure that workers are wearing the proper clothing when working in cold, wet and windy conditions.

-Make sure that employees who are working in extremely cold conditions are taking frequent, short breaks in warm and dry areas to let their bodies warm up.

-Try to have your workers complete outdoor tasks during the warmest part of the day.

-Make sure no one is out there working alone. The buddy system is the best way to help to keep worker safe.

-Make sure that all workers are getting plenty of fluids. To be more specific, they should be consuming warm sweet beverages. Try to stay away of drinks with caffeine.

-Use thermal insulating material on equipment handles when temperatures drop below 30°F (-1°C).

Extreme cold weather is a dangerous situation that can bring on health emergencies in susceptible people — and some of the most susceptible people are our outdoor workers. Make sure you’re prepared for all weather conditions.
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Winter presents many dangers to workers that do not exist during the warmer months. Recently, our Boston work injury attorneys discussed the hazards presented by winter storms to workers. Today, we want to urge employers and workers to consider another major risk: the risk of developing hypothermia.

Any worker who works outside or in a cold/unheated environment is potentially in danger of developing hypothermia. It is the responsibility of employers to make sure that they do not put their workers into a dangerous situation where hypothermia is likely to occur. It is also the responsibility of employers to ensure that workers are warned of the dangers of hypothermia and adequately trained to observe the warning signs and avoid this dangerous condition.

OSHA Warnings on Hypothermia for Workers
Hypothermia occurs when the body cannot warm itself. When the temperature becomes too cold, the tissues of the body can become damaged. In some cases, the tissues will become so damaged and the body systems will become so cold that they shut down and death results.

Many people assume that hypothermia occurs only when it is freezing but OSHA cautions that this simply is not true. It is possible for hypothermia to develop even if the temperature on land is above freezing and it is possible for the condition to develop in situations where the temperature of water is below 98.6 degrees Fahrenheit. Hypothermia can also develop slowly if a person is wearing wet clothing and is chilled by low temperatures or high winds.

A worker who is exposed to extreme cold or freezing water and who begins to develop hypothermia will usually first simply feel cold. The deeper layers of the skin and tissue will begin to freeze and the skin can start to feel numb and hard and turn waxy-white or pale. Usually the fingers, hands, feet, toes, nose and ears will be affected first.

Protecting Workers from Hypothermia
Any worker exposed to cold weather is potentially at risk of developing hypothermia. However, those at the greatest risk include workers on certain medications; workers in bad shape; or workers with preexisting health conditions including heart problems or diabetes.

To protect workers, employers should:

• Be aware of the conditions that can lead to hypothermia
• Know the signs of hypothermia and educate workers on the signs
• Contact emergency assistance as soon as the symptoms of hypothermia begin to develop
• Establish a policy wherein workers exposed to cold take frequent breaks in warm, dry areas to allow the body to return to a normal temperature
• Ensure workers have the proper clothing to protect their bodies in cold, wet and windy conditions
• Schedule outside work for the warmest part of the day
• Ensure that workers work in pairs

These are just a few of the key suggestions that OSHA makes to help avoid hypothermia and cold weather injuries. Employers must take responsibility for protecting their workers during these cold winter months.
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When a person suffers an injury at work, the employer becomes responsible for providing benefits through workers’ compensation insurance. Workers’ compensation insurance covers 100 percent of medical costs and also provides ongoing disability benefits for Massachusetts’ workers who cannot continue to work or who have to change to a lower paying job after their injury. Workers’ comp benefits can continue for long periods of time, provided the worker is still getting treatment for his work injury, and the National Council on Compensation Insurance (NCII) recently released some insight into long-term claims.

Our Boston workers’ compensation attorneys believe that understanding NCII’s new study is important for every worker. The study shows that the benefits of making a workers’ compensation claim can continue for decades. This underscores the importance of successfully making a claim for benefits.

The NCII Study and Longterm Workers’ Comp Benefits
The recent study released by the National Council on Compensation Insurance looked at the medical services provided through workers’ compensation 20 years or more after the injury. According to the study results, 10 percent of the cost of the benefits for worker injuries that occur during the course of the year will be used for medical services provided 20 or more years into the future.

To determine information on benefits provided 20+ years later, NCCI considered several key factors including what types of future treatments would be driving costs; which categories of medical service would generate the largest costs; and the demographics of workers who are currently still being treated for workplace injuries suffered two or more decades ago.

The study revealed that older workers’ compensation recipients were not costing more money because of deteriorating health. In fact, the study found that claimants under age 60 were more expensive per year, per claim when it came to providing workers’ comp benefits. Instead, the reason that care provided 20+ years later has such a high cost is because the money paid in these years is more likely to provide coverage for things such as home healthcare; maintaining implants or prosthetics; or paying for prescription medications.

The study also indicates that the percentage of this years costs that go towards treating injuries decades into the future has been growing and is likely to continue to grow.

The Importance of the NCII Study
It is important for workers to understand that workers’ compensation benefits may be necessary long after an injury occurs. These figures show that many work injuries do have long lasting and sometimes lifelong consequences. Filing a timely claim is critical to protecting your rights.

A worker who does not report a work injury or make a successful work injury claim could be denied benefits for ongoing care and support. This worker who is denied benefits may have a lifetime of expenses that are difficult to meet. It is far better to make sure that workers fight for their benefits up front and follow all protocol for reporting work injuries and making a workers’ compensation claim. This way, the workers have the best chance of having their future medical needs met, even decades later.
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For many people, when you hear about workplace injuries, your mind likely goes to physical or labor-intensive industries such as construction, mining or industrial work. The fact, however, is that a workplace injury can happen anywhere and to anyone. Workplace injuries can even happen in professional positions at a dental office.

According to a recent article in Dental Economics, one of the primary causes of injury in a dental office is needle wounds. Our Boston workers’ compensation attorneys urge everyone working in a dentist office to be aware of the risk of needle sticks. We also urge dentists and care providers to ensure they have created a safe working environment for their employees.

The Dangers of Needle Injuries in Dental Offices
Dentists typically have multiple people in the office who work with patients, including the dentist themselves as well as hygienists and dental assistants. Many of those who work with patients are asked to use needles to provide injections to patients. For example, most patients who have fillings put into their teeth have a local anesthetic administered via an injection to the mouth.

Unfortunately, many of those who work in dental offices are finding themselves facing injury as a result of the widespread use of needles and other sharp tools. The full number of people who suffer a workplace injury due to a needle stick or sharp object in a dentist office is not known because there is no surveillance system that gathers data from private practice dental offices. However, according to Dental Economics, CDC estimates indicate that hospital healthcare workers in the aggregate suffer 385,000 needle stick injuries or other related injuries from sharp objects.

This means that each day an estimated 1,000 healthcare workers in hospitals experience an injury due to a sharp object such as a needle. Unfortunately, these workers are potentially at risk of developing hepatitis B or C as well as HIV, herpes, tuberculosis or malaria. The CDC also indicates that as many as 20 other pathogens can also be transmitted via a needle stick or injury from a sharp medical/dental tool.

Protecting Employees from Work Injuries in Dental Offices
With so many work injuries in dental offices and healthcare settings caused by needle sticks, it is very important that employers in dentists’ office do everything possible to help protect employees.

The Occupational Health and Safety Administration (OSHA) has established rules and procedures including Bloodborne Pathogens Standards intended to minimize exposure to disease through a needle stick. Dental offices need to follow OSHA guidelines and should ensure they have step-by-step instrument management systems and instrument processing protocols. Dental offices should also:

• Allow sufficient time for staff to see patients.
• Refrain from transporting loose instruments on trays throughout the office by using cassettes instead. Collisions with a worker carrying sharp instruments may be responsible for as many as 10 percent of needle stick injuries.
• Use heavy-duty utility gloves to handle contaminated loose instruments instead of patient exam gloves.

When proper protocol is not followed, this increases the risk of workers in a dental office experiencing a needle stick and potentially becoming serious ill as a result. If an employee of a dental office does become ill as a result of exposure to toxins or disease at work, the employee may be able to make a workers’ compensation claim to obtain payment of medical costs and lost wages as well as disability or death benefits.
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According to My Fox Boston, a 32-year-old man died on Christmas Eve as a result of a tree trimming accident. The man died while performing commercial work at a private home after the limb of the tree he was working on gave way. The man tumbled fifteen feet to the ground below and the tree limb subsequently landed on him. Although he was taken to the hospital, the man was pronounced dead.

This tree trimming accident is a very important reminder that all workers are at risk of being injured when engaged in the dangerous task of trimming trees. Our Watertown workers’ compensation attorneys are concerned that damage from recent storms has made tree trimming even more dangerous and we urge every commercial arborist to exercise extreme caution when trimming trees.

Tips for Safe Tree Trimming
The need for tree trimming has risen due to several recent storms and homeowners are strongly advised to hire professionals for tree trimming to avoid the risk of serious injury. Workers who work as professional arborists or who work in the field of landscaping or maintenance all may be asked to trim trees over the winter.

For those who trim trees as part of their job, it is very important to take safety precautions to avoid being injured by a fall, by the tree limbs, by electrical wire near to the tree, or by the tools and saws used in the tree trimming process.

To help you stay safe, the Occupational Safety and Health Administration (OSHA) has provided a number of tree trimming trips. According to OSHA:

• You should contact utility companies prior to starting work and request that they either ground, shield or de-energize power lines prior to tree trimming.
• You should always make sure you leave at least minimum clearance when you are working around energized power lines in order to avoid getting too close.
• You should avoid trimming trees in bad weather including snow and rain.
• You should look carefully around your work area prior to beginning the process of trimming the trees and you should eliminate any potential hazards.
• You should only use equipment that has been properly maintained and you should only use equipment that you have been fully trained to use.
• You should wear safety goggles, a hard hat and other appropriate safety gear during the tree trimming.
• You should always assess the direction that the tree is leaning and determine the felling direction prior to cutting the tree.
• You should calculate carefully the amount of hinge wood to leave in order to guide the tree when it is falling.
• You should carefully inspect the tree before climbing to make sure it is sufficiently stable.
• You should put away your tools when climbing a tree so your hands are free and you should always remain alert and focused on a falling tree without looking away.

If workers follow these tips, hopefully another tree trimming accident can be avoided. Employers, too, should monitor and train their employees. If an employee is hurt while performing work on tree trimming as part of his job, then the employee may collect workers’ compensation from the employer.
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Last month, our Quincy workers’ compensation lawyers discussed the Top 10 Work Accidents in 2012. These work accidents caused thousands of lives to be lost and resulted in as many as 15 workers per day going to work in the morning and not coming home safely at the end of their shift.

Understanding the top causes of workplace accidents is absolutely imperative in order to work towards better prevention efforts. To encourage employers to implement safety policies and to encourage workers to use extra caution to avoid some common risks, our workers’ compensation attorneys are discussing some of the top workplace accidents in greater detail. Today, we’ll be taking a look at the risks of electrical injury.

The Dangers of Electrocution and Electrical Burns at Work
Electrocution refers to death caused by an electrical shock. The body is a conductor of electricity and if you are exposed to too much electricity, it can stop your heart, damage your cells and cause serious burns. Unfortunately, despite the serious dangers associated with electrocution, employers still wracked up more than 1,330 violations of electrical safety requirements in 2012.

OSHA imposes a number of different requirements when it comes to electrical safety. In 29 CFR 1926.416(a)(1), for example, OSHA mandates that employees all must have appropriate protective gear when they are working near to any electrical power circuits.

Despite the OSHA regulations intended to keep workers safe, electrocution injuries happen all-too-often. These injuries can happen in a variety of different types of work settings but OSHA reports that there are certain common causes of electrocution at work. According to OSHA:

• Workers suffer electrocution most often when working with overhead power lines. Coming into contact with electrical current from overhead lines accounted for 42% of workplace related deaths due to electrical exposure.
• The second most common cause of electrocution in the workplace is the workers’ failure to properly de-energize electrical devices prior to starting work.
• The third most common cause of workplace electrocutions is closely related to the second cause. In this case, workers don’t fail to properly de-energize the devices but they instead mistakenly come into contact with devices they thought were de-energized.
• Workers coming into contact with these or other electrical sources need to be especially careful to avoid the risks presented by working closely with electricity. Workers also need to remember that any employee is technically vulnerable to suffering an electrical injury. In fact, a full 36 percent of non-fatal injuries related to electrical exposure at work resulted from contact with the electrical current feeding a tool or light fixture.

Both workers and employers, therefore, need to be aware of the dangers that can come with electrical exposure. Employers should have clear-cut safety guidelines and procedures in place, including guidelines about de-energizing electrical devices. Workers need to follow employer safety rules and also take extra care in situations where exposure to electrical current is a possibility.
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