Articles Posted in Boston Work Accidents

One company in Massachusetts is in some big trouble with the Occupational Safety and Health Administration (OSHA). According to OSHA, the company’s marble and granite fabrication operation was cited with more than 10 violations of the administration’s workplace safety standards, as well as for neglecting to reduce the risks of on-the-job accidents in Woburn. All of these violations come with proposed fines totaling nearly $48,000.
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International Stone Inc. was inspected by one of the OSHA Area Offices back in December after a complaint was filed regarding safety and work operations at one of the company’s facilities. OSHA inspectors witnessed workers polishing and cutting marble and granite on grinders that were not equipped with guards. Employees were also not wearing hand, face or eye protection. OSHA also concluded that the company was using electrical equipment and outlets that were unapproved and were being used in wet locations. The company was also noted for misusing extension cords, blocking access to circuit breakers, having illegible and worn out control buttons on its cranes, failing to eliminate trip and fall dangers, obstructing emergency exits and not properly marking exit doors.

Our Massachusetts workers compensation lawyers understand that these were all serious violations that were recorded by OSHA officials. These violations came with fines of nearly $40,000. Employers are required to provide safe and healthful work conditions for all employees. When companies fail to obey work safety rules, and OSHA finds out, companies typically find themselves in big trouble and ultimately will likely draw fines that could total into the tens of thousands of dollars. When a company is issued a serious violation, it means that employers should have known about the hazards and the risks for serious injury or even death that were found on the job.

International Stone Inc. was also cited by OSHA investigators with two repeat violations. This tacked on another $12,600 to the proposed fines. Included in these findings were violations that were extremely similar to the violations that were discovered back in 2008 when the company’s Marshfield location was inspected by OSHA. These violations were for failing to inspect cranes and the lifting hooks of these cranes in order to point out and fix potential defects. The second repeat violation was for using unapproved extension cords in wet areas.

“Left uncorrected, these conditions expose employees to the hazards of electrocution, lacerations, amputations, crushing by heavy objects, and eye and facial injuries,” said Robert Kowalski, an OSHA area director.

International Stone Inc. has 15 business days from the issue date of the citations to meet with their OSHA area directors, comply with the findings or contest them in front of the Independent Review Commission.
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Did you know that your mind has the ability to reduce your risks of a work-related accident in Boston or wherever you may work? It’s true, according to a recent study from the University of Georgia. A newly-released study, “Perception and Work-Life Balance are Key Factors in Workplace Safety,” concludes that when workers’ perceive a positive safety climate, their risks for work-related injuries can decrease by more than 30 percent.

According to SafetyCommunity.com, the perception of safety climate breaks down a worker’s feelings toward the importance of safety in the workplace. We’re not saying that if you just “think” you’re safe then you’re going to be. We’re saying that actions taken by safety planners, manager and company owners can help to increase a worker’s trust in a company’s safety policies and can ultimately reduce their risks for a work accident.
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“We’ve known for some time that certain occupations are more dangerous than others due to a variety of physical and other hazards,” said Dave DeJoy, University of Georgia professor of health promotion and behavior.

In the last 2 decades, there have been a number of studies that have concluded that organizational and management factors play a critical work in the risks for work-related accidents. These actions oftentimes play a huge role in the risks for on-the-job injuries. Our Massachusetts injury lawyers understand that there needs to be organizational and management actions taken frequently to continue to ensure that workplaces are safe for everyone. You see, we can create safety controls and procedures, but if they’re not continuously enforced and maintained, then that falls on management. To have a safe work environment for everyone, all parties need to work together at all times. Better team efforts toward safer workplaces help to increase workers’ perception of safety and help to increase physical safety.

Another important factor in the recent study from the University of Georgia was the contributions of family-related issues to work-related accidents. The study did in fact find that workers who were dealing with family interference at the job had higher rates of injury.

DeJoy says that many like to think that family and work are two different things. We’re finding out that’s not always the case. Researchers are concluding that the balance, or unbalance, of work, family and life has the ability to affect your work, whether it is positive or negative.

Regardless of what factors may or may not be involved in a worker’s personal life, it’s important to provide them with the safest work conditions possible while they’re on the job and earning a paycheck. It’s a federal requirement for employers to do so. The concerns for injury deserve to, and have a legal right to be, a top focus of employers.

“Injury is a failure of management,” said DeJoy. “Organizations who blame individuals for injuries do not create a positive safety climate.”
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A recent two-day blackout in Back Bay not only left local businesses fearing their losses, but it also left NStar employees with some dangerous work conditions. According to NStar spokeswoman Caroline Pretyman, the company experienced mechanical failure to one of its transformers. More than 20,000 business and residential customers were left without power, according to the Boston Globe.

In addition to the outages that the mechanical failure caused, the company planned to shut off power to nearly 10,000 additional customers to help the power company’s employees to change customers “from a temporary connection to the company’s permanent underground network.” Power restoration and other duties carried out by these utility workers can place them at some serious risks for on-the-job injuries in Massachusetts.
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These employees must be thoroughly trained to help minimize the risks associated with their job and with the dangers presented by electricity, working outdoors, working at height and other environmental risks. Employers and company owners are required to make sure that every employee has received adequate training for the job. Procedures need to be laid out and practiced so that everyone involved can be ready for disasters, like the recent Back Bay blackout.

Our Massachusetts workers compensation lawyers understand that in addition to training, these employees need to be provided with the necessary personal protection equipment (PPE). This PPE is actually recommended for all kinds of recovery tasks, responses and operations. It is recommended by the Occupational Safety and Health Administration (OSHA) that these workers are provided with the following:

-A hard hat (with an appropriate ANSI rating for exposure to high voltage) to help protect them from overhead impact and electrical hazards.

-Eye protection that includes side shields.

-Hand protection (appropriately rated and tested electrician’s gloves).

-ANSI-approved protective footwear.

-Respiratory protection as necessary.

-Footwear with dielectric properties for outsole, insole and toe cap.

-Non-conductive clothing.

-Personal fall arrest system including anchor points, anchorages, connectors, lifelines, lanyards, harnesses, anchor points and anchorages.

Employees should always remember that lines could in fact be energized, despite an outage. It happens. Whenever you’re working with electricity, assume that lines are active. Workers are also urged to use live-line tools that are up-to-date in their certification, that pass visual inspection and that are properly rated. Lastly, workers dealing with electric sources in the air and from power lines need to be using the proper fall-arrest, travel-restricting or work-positioning equipment. This is required for all workers who are working more than 4 feet above the ground. Regardless of what duties may be on the agenda, it’s important to keep employees well-trained and completely protected.

“But we had never…jump-started a grid off of another grid. We were learning, to some degrees, as we went along,’ said Thomas May, top official of NStar.

From 2003 to 2007, there were nearly 15,000 workers who were injured and had to take time off of work in the U.S. because of electricity-related accidents. These kinds of accidents were in fact the 7th leading cause of death among workers during this time.
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Three teenagers in the state died as a result of work-related injuries in Massachusetts from 2004 to 2008. According to the Commonwealth of Massachusetts, there were nearly 4,020 teen workers who were sent to emergency rooms statewide because of work-related accidents during that same time period. That means that there were three teenage workers injured for every 100 full-time equivalents. Nearly 1,000 workers under the age of 18 in the state filed workers’ compensation claims because of work-related accidents that resulted in at least five days out of work.
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In 2009, about 20 percent of middle school students in the state reported working for pay, other than yard work or babysitting. Massachusetts Child Labor Laws prohibit most work for teens under age 14.

Our Woburn workers compensation lawyers understand that working is part of everyday life for many teens in the state. Nationwide, about 80 percent of teenagers are employed at some point throughout their high school days. In 2009, about 20 percent of 15- to 17-year-olds in the state of Massachusetts were employed at any given moment. Even with the struggling economy and fewer teens working now than in past years, we still rely on these young workers in many of our industries. We need to continue to help these young workers get a jump start. It’s important for us to keep an eye on their on-the-job safety and do our best to provide them with basic health and safety skills that will help to protect them through their working careers.

2009 Teen Stats — Work-Related Injuries in Massachusetts:

-Most work-related injuries that occurred to teens happened to 17-year-olds.

-Male teen workers have higher rates of injury than female teen workers.

-Hispanic teen workers have a higher rate of injury than non-Hispanic teen workers.

-Open wounds, including cuts, were the most common kind of injury to teen workers that resulted in an emergency department visit. Open wounds accounted for nearly 50 percent of all visits.

-Sprains were the most common injuries for which workers’ compensation lost time claims were filed. Sprains accounted for about 40 percent.

-The largest number of non-fatal injuries to young workers under age 18 happened in restaurants, accounting for nearly 30 percent of these injuries.

Before sending your teens out to earn their own, make sure they’re aware of their rights. Make sure they know what to do if they observe an on-the-job danger. Talk to them about what is expected of them on the job and what they should expect from their employer. Don’t send your teen out there with little knowledge on what’s expected in the work world. Make sure they’re knowledgeable, confident and ready to work. With summer approaching, this is more important than ever!
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Not every job requires working alongside other employees. In some job positions, you have the responsibility to execute a job while working alone. While some may find these jobs to be relaxing and less stressful, others recognize the dangers. If you’re injured or find yourself in trouble when you’re working alone, who’s there to help? Luckily, there’s a program that’s here to help!
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You may remember Stephanie Moulton, a brilliant 25-year-old social worker who was alone on the job when she was attacked. She had to no one there to offer help and she had no one to call for help. That’s why MassCOSH, SEIU and the family of Miss Moulton worked together to create legislation that would help tighten the protections for social service workers. Under Stephanie’s Law, S2006, specific workers who are alone on the job are to be provided mobile-alert devices to call for help in the event of an emergency. By offering these individuals quick access to help, officials are helping to reduce the risks of work-related accidents in Boston and elsewhere.

Our Massachusetts work accident lawyers understand that MassCOSH is recruiting support for this year’s program. The organization is asking you to join. With more members, Stephanie’s Law can become a larger reality and can help to save lives. That’s not all. MassCOSH is also working toward improving work conditions for all kinds of workers, not just those who work alone.

MassCOSH Memberships Helping To:

-Stop employers who hire temporary employees and offer only low-wage compensation. For this, MassCOSH is working on passing the Employment Agency Reform Bill (HB1393).

-Assist young workers of Massachusetts Through Teens Lead @ Work. This program focuses on our young labor leaders.

-Fight against employees who see the safety and health standards as an inconvenience and as a nuisance. The sad truth is that many employers see these federal safety standards as an obstacle that’s killing their profits and a practice that’s not effective in helping to prevent work-related accidents.

Members of MassCOSH:

-Help the victims of work accidents and the victims’ families. These individuals are not alone. MassCOSH offers a community of individuals who have also been affected by work accidents and have seen a loved one head off to work — and never come home.

-Help to increase the persuasiveness of the group. More members mean more support and more consideration from government. Members recently helped to pass the ban on flammable floor sealers, the same dangerous sealers that recently killed four workers.

Memberships start at just $30. If you donate more than $75 you will get a free MassCOSH shirt. Email Membership Coordinator Jeff Newton for more information.

MassCOSH members continue to fight for the rights of employees and fight to bring safety and health standards into the 21st century.
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Nearly 410 people were killed because of harmful chemicals in work-related accidents in Boston and elsewhere in 2010, according to preliminary statistics from the U.S. Bureau of Labor Statistics (BLS). One of the Occupational Safety and Health Administration‘s (OSHA) top priorities is helping to reduce the risks of these types of accidents. Recently, OSHA teamed up with the Society for Chemical Hazard Communication (SCHC) to do just that through its new Alliance Program.
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The recent partnership is being used to raise awareness and address hazard communication through the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Our Boston workers’ compensation lawyers understand that about 32 million workers are exposed to nearly 700,000 dangerous chemicals in the country every year. The two-year partnership between OSHA and SCHC will be working to share information regarding the Regulatory Agenda, the National Emphasis Program from OSHA and ways to get the public to join in on the rule-making process.

“Our continued Alliance…will help ensure that workers are aware of the chemical hazards to which they may be exposed, and help reduce…illnesses and injuries,” said David Michaels with OHSA.

The two administrations will soon be creating information sheets to help inform employers and employees about the dangers associated with chemicals. These chemicals can result in both health and physical harm. These sheets will also provide information regarding how to make a GHS label compliant. Through webinars, industry meetings and conferences, OSHA and the SCHC will be working to help teach workers and employers throughout the country about the best practices to help keep workers safe from on-the-job hazards with chemicals.

Right now, SCHC represents about 500 chemical hazard communication professionals who promote awareness regarding these dangers and new ways to prevent injury or illness from them.

Included in the parties that the alliance works with are trade or professional organizations, unions, community and faith-based organizations, educational institutions, businesses and consulates.

To help ensure chemical safety on the job, info must be available regarding the hazards and identities of the chemicals. OSHA’s Hazard Communication Standard (HCS) requires the development and dissemination of such information:

-Those who manufacture and import chemicals are required to evaluate the hazards of the chemicals they import or produce.

-Make sure that the products are properly labeled and that they are accompanied with material safety data sheets (MSDS) to report the hazard information to future customers and handlers.

-Employers who deal with hazardous chemicals in any of their work places are required to have MSDSs and labels for workers dealing with the products. Employees must also be trained appropriately to work with these chemicals.
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As we recently reported on our Massachusetts Workers Compensation Lawyers Blog, there were nearly 18 million young employees in the U.S. in 2010. These millions represent the young workers under the age of 24 in the country. With the summer quickly approaching, teens will be hitting the workforce looking for a gig to pick up some extra cash while they’re away from school. What they’re probably not thinking about are their risks for a work-related accident in Boston. Teens have the highest rate for on-the-job injuries than any other age group of workers.
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Each year, there are more than 200,000 teenagers who are injured at work. About 70 die every year from these same accidents. In Massachusetts, more than 900 teens visit emergency rooms for work-related injuries every year. Our state sees an average of one young worker fatality every year as well, according to the Commonwealth of Massachusetts, Office of Attorney General.

Our Boston workers compensation attorneys remind all teen workers and their parents about youth employment laws. These laws are in place to help protect young workers from on-the-job dangers. They are also required to follow limits on how many hours they’re allowed to work. The Massachusetts Youth Employment Laws can be found in the Massachusetts General Laws. Within these laws, employers are required to maintain a safe work environment for all workers. As a teen worker, you have both rights and responsibilities to uphold.

Recently, Mayor Thomas Menino sent out a big “thank you” to all of the local companies that opened their doors to teens for the summer. A number of companies around Boston welcome teen workers while they’re away from school and he encourages more to do the same.

“No other city has a summer jobs program like ours. And no other city has a business community like ours. This is why Boston offers the most summer jobs per capita of any major city in America,” said the mayor.

The city also recently unveiled a new website, bostonsummerjobs.org, to help teens get a jump start on their summer job search.

Mayor Menino says that this website will be the centerpiece of the 2012 summer jobs program. Businesses are welcome to join, hire teens through the site, view user testimonials and learn more about the program.

For a teen worker, an employer must:

-Provide a safe and healthy workplace.

-Provide adequate training, including information regarding harmful chemicals that may be used in the workplace.

-Pay for medical care if you get sick or you get hurt because of your job. In many of these cases, you’re also entitled to lost wages.

-Pay you minimum wage, which in the state of Massachusetts is $8 per hour.

-Pay you for all of the hours you worked.

-Pay you 1.5 times your regular pay for each hour that you work over 40 hours in a week.

As a teen worker, you have a right to:

-Voice concerns regarding your health and safety on the job.

-File a complaint with OSHA about safety and health problems.

-Refuse to work if the job you’re requested to do is dangerous to your health or your life.

-Work without sexual or racial harassment.

-Organize or join a union.

-Keep the tips you receive, either directly or through a valid tip-pool with co-workers.
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Excel Inc. was recently issued nearly $250,000 in proposed fines for violating federal laws regarding the protection of employees. The Occupational Safety and Health Administration (OSHA) is continuing its effort to keep workers across the nation safe. The recent violations were issued to the company’s Eastern Distribution Center III, a work site owned by Hershey Co. In correlation with these citations, SHS Staffing Solutions has been issued a $5,000 fine for staffing issues. Allegedly, OSHA inspected the work site after receiving a complaint from the National Guestworker Alliance. The complaint voiced concerns regarding abuses of the J-1 visa program and that workers were forced to work within unsafe work conditions and were exploited.
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It’s important in all states of all industries to make sure that resident workers as well we visa workers are provided with safe work conditions and are protected from known dangers. This includes helping to protect those employees from work-related accidents in Boston as well. The Hershey work site allegedly hired foreign students to work handling the company’s candies. The company employs more than 40,000 workers and has more than 500 work sites across the country. It has been cited for failing to keep records regarding work-related injuries and illnesses for these workers. Both the staffing company and Excel Inc. were cited for mistreating and for failing to protect foreign workers. These workers were all employed with the proper work visas.

Our Massachusetts workers’ compensation lawyers understand that the company was given six violations for not properly recording work-related injuries and illnesses. More specifically, they were fined for neglecting to report these incidents for four years. It was also fined for failing to keep these records accurate and for implementing an effective hearing conservation program. Keeping accurate records is one of the best ways that employers can help to prevent future work-related accidents. With proper records, one can determine likely dangers and ways to prevent them.

“Nothing useful can be learned from an unrecorded injury,” said Secretary Dr. David Michaels, an assistant with OSHA.

Michaels goes on to say that accurate reports and recording systems help to provide important information to employees and employers about what causes work-related accidents as well as useful information regarding ways to help prevent these accidents.

According to federal law, employers are required to keep this kind of information, regardless of industry. It is also required of employers to keep accurate and complete records because, without them, it would be tougher to prevent even more accidents and injuries from happening.

The staffing company was cited for not properly training its employees with the lockout/tagout of energy sources.

To make matters even worse for these companies, the Labor Department’s Wage and Hour Division of the Fair Labor Standards Act is looking into the work performed by the sponsored students. Allegedly, documents regarding these workers were deliberately kept hidden investigators.
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Employers, listen up! The Occupational Safety and Health Administration (OSHA) recently made an announcement saying that it would be extending its temporary enforcement measures for the residential construction industry. The extension will be for another six months. Now, these measures will be extending through September. Included in these enforcement measures are extended abatement dates, free on-site compliance assistance, increased outreach, penalty reductions and measures to ensure consistency. OSHA has chosen to extend this measure to further help to reduce the risks of work-related fall accidents in Boston and elsewhere. As a matter of fact, falls are the leading cause of work-related fatalities among those working in the construction industry.
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In the last year, the administration has worked with the construction industry to help to reduce these risks and to help better protect employees nationwide. Through this time, OSHA has been working diligently to help ensure that employers understand the new compliance and know how to correctly comply with the new directive.

Our Massachusetts workers compensation lawyers would like to remind workers that they have rights as employees in the United States. Within these rights is the right to be protected from known dangers on the work site. Employers are required by federal law to offer employees with safe and hazard-free work places. When dangers and hazards are not addressed by employers, serious injury can result. If this has happened to you or a loved one, it is important for you to contact an experienced attorney to help you to fight for your rights.

With the new measure, employers are required to ensure that employees within the residential construction industry are protected by conventional fall protection. This applies to employees who work six feet or more above a lower level.

Conventional Fall Protection Includes:

-Safety Net Systems
-Guardrail Systems
-Personal Fall Arrest Systems
According to the Bureau of Labor Statistics (BLS), there were nearly 620 workers in the U.S. who were killed in fall-related work accidents. Construction-related injuries continue to be some of the most common work-related accidents.

Falls are some of the most costly accidents, too. Roofers’ falls from elevations typically cost more than $100,000 per incident. Carpenters see an average cost of more than $95,000. These are costs that can be covered by your employers if they fail to protect you from known dangers. A majority of these accidents can be prevented with the few safety measures listed above. Fall protection is some of the most beneficial protection that should be offered to a worker in the residential construction industry.

“Our Compliance Safety and Health Officers (CSHOs) and Area Directors are demonstrating to the industry that OSHA is taking a common-sense approach when enforcing the new requirements,” said David Michaels, PhD, MPH, who works closely with OSHA to help ensure the safety of employees.
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Recently, UPS announced that 21 of its drivers from the state of Massachusetts are now among the 1,235 being inducted into the Circle of Honor. This honorary organization recognizes UPS drivers who have had no traffic accidents in Massachusetts and elsewhere during their 25 or more years behind the wheel with the company, according to Market Watch.
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Altogether, the state of Massachusetts has nearly 75 active Circle of Honor drivers working for the company. These safe drivers have a combined time of nearly 2,040 years of safe, accident-free driving experience with the company. Henry Slazenik from Danvers is the state’s senior safe driver. He has nearly 40 years of company driving experience with absolutely no accidents. Currently, there are more than 1,880 UPS drivers in the state of Massachusetts.

Our Boston workers’ compensation attorneys understand that traffic accidents are in fact the No. 1 cause of on-the-job fatalities. In 2009, there were 1,795 fatalities resulting from these work-related accidents, according to the U.S. Bureau of Labor Statistics. According to the preliminary statistics for 2010, there were 1,766 who died in these kinds of work-related accidents. Yes, there was a decrease in the number of these kinds of work-related fatalities from 2009 to 2010, but transportation accidents were still the number one cause of on-the-job fatalities for both years.

Across the world, there are more than 5,840 UPS drivers currently employed with the company who are in the Circle of Honor. Of all of these drivers, there are more than 161,745 years and nearly 5.5 billion miles of accident-free driving. That’s enough miles to circle the earth more than 210,000 times.

The recent additions to the Circle of Honor illustrate the largest increase in a single year since the company first launched. UPS is thrilled to employ such safe drivers and says its safety program and training can be credited for this achievement.

Richard Moore, the UPS president of the Northeast District, said that for these drivers to go as long as they have without a crash is a testament not only to the training they receive, but the pride they take in their work.

The company invested nearly $200 million in 2011 alone on training for these drivers. This training was formed by the company. They call it “Space and Visibility.” All of its drivers are taught a number of safe driving methods from the day that they’re hired. That training never ends.

This kind of thorough training that leads to these success stories should be inspiration to companies nationwide. UPS is doing exactly what is required of them. It’s taking all of the precautionary steps to help to decrease the risks of work-related accidents for its employees, even for the employees who face some of the most serious risks on our roadways — traffic accidents.
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