Articles Posted in Boston Work Accidents

On October 24, we wrote about the Top 10 Work Accidents in 2012. Problems faced by workers leading to accidents included a number of different health and safety violations, including inadequate fall protection, communication problems, inadequate respiratory protection and dangerous scaffolding, among other issues.

Understanding each of these workplace risks is essential for workers and employers. By taking a look at top causes of injuries, employers can institute policies and safety procedures to hopefully help to reduce the number of workplace deaths that are occurring. Likewise, workers can be aware of the dangers they face and exercise extra caution.

To help both workers’ and employees better understand the risks in the workplace, our Quincy workers’ compensation lawyers will be taking a closer look at some of the top hazards workers face. Since there were close to 7,500 safety violations related to fall protection in 2012, we’ll start by taking a look at falls.

The Workplace Dangers of Falls
The Occupational Safety and Health Administration (OSHA) has a number of worker protection laws in place that are designed to make workplaces safer. Among the requirements set forth by OSHA are those found in 29 CFR 1926 Subpart M . This federal law imposes a requirement that employers provide a guardrail, safety net or personal fall arrest system when workers are in an environment where they could fall six feet or more.

Unfortunately, despite OSHA’s regulations, falls still occur frequently and are a major source of worker injuries. In fact, according to the 2011 Liberty Mutual Workplace Safety Index:

• Falls onto the same level and falls onto a lower level were both on the top 10 list of disabling injuries in 2009.
• Falls on the same level accounted for 15.8% of the workplace injuries that were considered disabling in 2009. Falls on the same level are situations where a worker trips or otherwise takes a tumble but does so without falling from a great height.
• The costs of treatment and lost productivity for falls on the same level was equal to $7.94 billion in 2009.
• Falls onto a lower level, such as falls from scaffolding to the ground or falls down a hole or embankment, accounted for 10.7 percent of disabling workplace injuries that workers suffered in 2009.
• Falls onto a lower level resulted in costs of $5.35 billion in 2009.

These statistics reveal just how many workers are affected by falls in the workplace each year. While there may be nothing to do to prevent some of these falls, workers and employers can take a number of steps including:

• Cleaning up all wet services immediately to avoid a potential slip-and-fall.
• Keeping workplaces clean and free of debris and other items that could get in the way of a worker or increase the fall risk
• Provide assistance in reaching items on high shelves or avoid storing items in areas where some workers have to strain to reach

Employers should also have safety policies and requirements in place related to fall protection gear in order to help workers to stay safe.
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On March 25, 1911, a horrific tragedy occurred in New York City that resulted in the fourth highest number of deaths from an industrial accident in the history of the United States. This tragedy, which resulted in 146 workplace deaths, was called the Triangle Shirtwaist Fire and it was the catalyst that set in motion many worker protection efforts. Many of the worker protection laws in place today can be indirectly tied back to the tragedy of the Triangle Shirtwaist fire that occurred more than 100 years ago.

In today’s modern world where workers now have many legal rights, it may seem unthinkable that such a tragedy could occur again. Sadly, however, such a tragedy did happen recently. The only difference is, this tragedy happened in a clothing factory in Bangladesh.

Our Quincy workers’ compensation lawyers want to make sure workers and employers are aware of the tragedy in Bangladesh that occurred this November. The fire in the clothing factory serves as an important reminder of how essential worker protection laws are in the United States and it illustrates the tragedies that can result when employers ignore the safety of their workers in favor of profits.

The Fire in Bangladesh
According to the Washington Post, a terrible fire broke out in late November in a Bangladesh clothing factory. The factory had no emergency exits and the doors to the factory were locked so the workers were unable to escape the building. As a result, nearly 100 workers died in the blaze and many were so badly burned that their bodies could not be identified.

The particulars of the fire, according to the Post, were very similar to those in the Triangle Shirtwaist Fire that jump-started the worker rights movement. In the Triangle Shirtwaist Fire, the doors to the factory were also kept locked in an effort to prevent break-ins and theft. The locked doors made it impossible for workers to get out, causing many to burn to death and others to jump to their death from the eighth, ninth and tenth floors where they were working.

Today, such a situation would hopefully not happen in America because workers are better protected and employers held accountable for their actions. The fire, however, was not simply one in a distant country operated by people far removed from the U.S. The factory supplies clothing to many retailers including Wal-Mart.

Although Wal-Mart has indicated that the factory had received a bad report for its fire safety provisions and was no longer authorized to make its clothing, the fact remains that a Wal-Mart label, Faded-Glory, was found at the fire site. Apparently, according to Wal-Mart, someone on its supply chain subcontracted to the factory.

Learning from the Tragedy
Regardless of the extent of Wal-Mart’s responsibility, the tragic fire in Bangladesh teaches many important lessons. The first is that worker protection laws and the focus on worker rights in the United States are absolutely essential. In foreign countries without worker protection laws, horror stories abound, including not just the tragic story of this most recent fire but also numerous other reports of terrible labor conditions including stories of the horrific working conditions in Apple factories in China.

In these foreign countries, many major U.S. corporations have shown that they will try to get away with providing poor treatment to workers unless the laws mandate otherwise. U.S. worker protection laws, therefore, need to be tightly enforced and any attempt to curtail those laws should be vigorously opposed.

Other lessons to take away from the tragic fire include a reminder to consumers that low prices can come at a very large cost. When doing business with companies, consumers have the power to stand up and say no to buying from those who exploit and endanger their workers.
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On November 23, 2012, a natural gas explosion occurred in Springfield Massachusetts, a large city about 90 miles West of Boston. The explosion caused more than 20 injuries. Located in the entertainment district, 42 nearby buildings were damaged. Reports attribute the disaster to a natural gas worker who was responding to a report of a leak; however the gas company involved in the explosion indicated that the employee had followed proper protocol and procedure.

The explosion caused injury to firefighters, police officers, a city employee, gas workers and civilians. Our Boston workers’ compensation lawyers urge utility workers who are injured to understand their legal rights. This gas explosion illustrates the grave dangers that utility line workers face when called to respond to gas leaks. Workers injured in this recent explosion or other natural gas incidents need to be aware that their employers have certain obligations.

The Risks of a Natural Gas Explosion
Natural gas is a highly combustible, flammable gas and workers who are called to respond to gas leaks face significant injury risks. The recent Springfield explosion illustrates clearly the devastation that can occur when there is a natural gas accident. One WDHD local news story reported that the explosion blew out windows within a three-block radius of the explosion, and that the force of the explosion caused irreparable damage to at least three buildings. According to the news article, a witness compared the devastation to the effects of a hurricane.

With such a volatile gas, utility companies need to take great precautions when workers are sent to work on gas lines. The utility company is alleging that precautions were taken and that protocol was followed. It illustrates the fact that an accident with a natural gas line disaster can happen at any time.

How the Accident Happened
On Monday morning, USA Today provided more insight into how the incident occurred. According to Columbia Gas Co., a utility worker had responded to calls of a gas leak. The worker followed older markings on a sidewalk that were supposed to indicate where the gas line was located. He was working an ordinary distance from where the line was supposed to be, based on the markings available, and he used a metal tool intended to locate the source of the leak.

Unfortunately, the markings did not correctly indicate where the gas line was located and the tool accidentally punctured the high-pressure gas pipeline. Because of the puncture, a flood of natural gas built up inside of a building where a strip club was located. The gas came into contact with an ignition source and and the blast occurred. The employee fortunately responded in a timely manner, ordering an evacuation of the building and potentially saving many lives.

The Rights of Workers Injured in a Natural Gas Explosion
This recent Springfield natural gas explosion reminds us that utility workers have a great risk of being in the danger zone of a natural gas explosion. With an aging infrastructure in many cities, these natural gas explosions may become an ever-more present risk.

Utility companies need to take precautions whenever possible to protect their workers and the lives of people living near gas lines. When an accident does occur, employers are responsible to employees for their losses and employees can make workers’ compensation claims to recover damages including full coverage for medical costs arising out of the explosion.
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Hurricane Sandy came at New England full force.

Because of her wrath, airports in the area have canceled close to 20,000 flights. Hurricane Sandy slammed into a cold-weather system and dropped into the area bringing 80 mile per hour winds. Rain and snow even continued in some mountainous areas. More than three dozen people were killed, according to the Boston Globe.

When it all boils down, hurricanes are a kind of tropical cyclone that can do some serious damage to the communities they hit. They are storm systems that come with circulating air and sustained wind speeds of at least 74 miles per hour. Some of the toughest of hurricanes can come with speeds of more than 150 miles per hour. Areas that line the Atlantic Coast face some serious risks.

Our Boston workers’ compensation lawyers understand that the New England area is prone to these kinds of conditions. Hurricane season typically lasts from June through November. It’s important that residents in the area become familiar with the kinds of hurricane warnings we have, the hazards that accompany a hurricane as well as the precautions that both employees and employers should take once a hurricane has passed.

Once a hurricane has come and gone, work conditions change! In the wake of a hurricane, emergency response and recover employees can expect to face some serious challenges. Some of these challenges can include downed power lines, construction debris, downed trees and more.

Before heading out, employers need to look at the hazards and the risks that are involved in tasks that are specific to working in a hurricane-affected area. Once the area has been inspected, engineering controls and workplace practices need to be established.

Hurricane Recovery Safety Tips:

-Use hearing protection when working with chain saws and other loud equipment.

-Make sure all workers are properly trained in the recovery efforts they’ll be completing.

-Isolate unsafe areas with barriers and signage to restrict access.

-Make sure there’s a supply of clean water or disinfecting solutions in order to allow workers to practice personal hygiene.

-Inspect all tools before use to make sure they’re in working order.

-Avoid going near downed power lines, whether you think there’s power or not.

-Be cautious near water. Standing water can hide dangers and moving water can be dangerous for even the best of swimmers.

-Be cautious of insects and wildlife that may come with diseases.

-Air quality in questionable areas should be tested by a qualified individual.

-All debris should be disposed of in an approved manner.

-Extra care should be carried out to help to protect broken skin, like scrapes and cuts, to help to prevent disease transmission.

-Be cautious of moist or humid areas. This is a breeding ground for fungus and mold.
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The Occupational Safety and Health Administration (OSHA) recently cited Newport Construction for various work hazards that were observed at a work site in Middlesex County. The Nashua contractor is now facing more than $30,000 in fines. These citations were handed over for various trenching dangers as cited by OSHA. This Massachusetts work site is located at the corner of Network Drive and Route 62 on the Burlington/Bedford border.

Safety and health inspectors with the Andover Area Office of OSHA happened to be driving by that intersection and job site, and saw workers working inside what appeared to be an excavation project that was not properly protected. With these allegations, an investigation was launched. The trench was deeper than 5 feet and was found to have been missing cave-in protection. This protection is federally required on trenches that are more than 5-feet deep.

Our Andover workers’ compensation lawyers understand that this wasn’t the first time for violations. They were repeat violations, meaning that the company had already been busted by OSHA officials for these same hazards. For the additional repeat violations, the company faces close to $30,000 in fines. These first violations were noted back in October of 2008 also at an Andover work site.

“An unguarded trench is an imminent danger situation,” said Jeffrey A. Erskine, an area director with OSHA.

Any time that a trench is unguarded, it can easily collapse and workers can be buried under tons of debris and soil before they ever realize what’s going on or have time to react or even attempt to escape.

A citation was issued to the company as a serious violation. This citation was written for neglecting to mark lifting slings with what should have been the maximum weight that the lift can safely carry. When workers don’t know what the weight limit is, they’re exposed to serious crushing dangers. When an employer gets a serious violation, it means that they should have known about the danger in the first place. It’s “serious” when there is a good chance that serious injury, or even death, could result from this danger.

The truth of the matter is that excavating is one of the most dangerous things to do in the construction industry. As a matter of fact, there is an average of two workers who are killed each and every month in trench collapses. Each worker in these situations should have the proper safety equipment and their work site should be laid out in a safe manner. Some of the most effective protective systems for trenches are to make sure that they’re sloped for stability, that they’re cut in a way to create a stepped benched grade, and that they are supported by a system that is made of material study enough to handle the weight. Each trench should have a trench box to make sure that workers are protected.
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There’s close to $11 million that’s going to the Susan Harwood Training Grant Program. It’s a big present of safety from officials with the Occupational Safety and Health Administration (OSHA). This program is going to help to fund more than 70 not-for-profit organizations, including universities, colleges, management associations, employer associations, labor unions, and community groups.

What the Susan Harwood Training Grant Program does is provide education and training for employers and employees on the recognition, prevention and avoidance of safety and health dangers in their work areas. The program also works to educate workers about their rights on the job and what they can expect from their employer. Smaller companies and those who employ low-literacy workers in high-hazard industries are targeted through this effort. There has been close to 2 million workers who have gone through this program wince the late 1970s.

Our Boston workers compensation attorneys understand how critical it is for both employers and employees to be well-educated in safety practices on the job. Education and training are the number one preventative measures in working to prevent serious workplace accidents. With these new funds, workers and employers is some of our country’s most dangerous industries will receive the attention and the assistance they deserve to eliminate these kinds of dangers.

Through these programs, thousands of employees, companies and employers will be provided with one-of-a-kind hands-on, in-person training to deal with specific hazards to each industry. This information and knowledge will help to make a lifetime of change in improving workplace health and safety, says Dr. David Michaels, the Secretary of Labor.

The program was names after Susan Harwood as she was the previous director of Office of Risk Assessment. She passed away in 1996.

When it boils down, every single business, regardless of which industry it’s in, is required to provide workers with the safest working conditions possible. Work hazards can range from slippery floors to asbestos to excessive noise. This can be tougher to handle for smaller businesses. Luckily, there are government agencies that are formulated to regulate workplace safety also provides a wealth of resources to help small businesses comply with these specific regulations.

That’s why officials with OSHA have created the Consultation Services for the Employer program. Through this program employers and supervisors who are looking for help in making sure that their work areas are safe can get it from a free consultation service. These services are funded by OSHA.

If you’re able to point out the hazards that you may encounter on the job and you’re knowledgeable in ways to remedy them, then officials believe that you will more likely do so and you’ll be less likely to be injured on the job. When a safety consultant assists you in setting up or strengthening your workplace safety and health program, safety and health activities become routine considerations rather than crisis-oriented responses.
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