Articles Posted in Boston Work Accidents

“The real deal still is Black Friday. It still is the single best shopping day of the year.” Edgar Dworsky, founder of ConsumerWorld.org, told CBS Boston.

While Black Friday is the busiest shopping day of the year for consumers, it’s also one of the most dangerous days for retail workers around the country. Work-related accidents are very common on the day after Thanksgiving as thousands of people wait for the early morning deals. Without the proper safety strategies and crowd control procedures workers can be injured in work-related accidents in Boston on Black Friday.

Our Massachusetts workers compensation attorneys understand that consumers from around the state will be setting out early on Black Friday to snag some excellent deals. Employers are required to provide safe working conditions for all employees, and this includes on the busiest shopping day of the year. Employers are urged to get a plan together to help regulate crowds and how to best equip employees with the tools they’ll need to safely address Black Friday shoppers.

Black Friday grows more and more popular with every passing year. The risk for injury has increased as well. Back in 2008, a worker even died at the opening of a Black Friday sale. The Occupational Safety and Health Administration offers employers some safety tips to help ensure everyone stays safe during this year’s big sale. With the proper safety precautions, companies can reduce the risks for work-related injuries.

Safety steps to help reduce injury on Black Friday:

-If you’re expecting a large crowd, be sure to have the proper security or police on site.

-Make sure you have enough employees on site and positioned strategically.

-Train workers on how to handle large crowds before the event.

-Designate a specific worker to call emergency responders when needed.

-Make sure the premise is marked with appropriate signs indicating entrances, exits, opening times and locations of restrooms and sale items.

-Create a plan to address the dangers that workers can face, including violent acts, fires, crowd control, crowd crushing, overcrowding, etc.

-Place barricades in necessary areas, such as the front of the store and check-out lines.

-All workers should be alerted when the store is about to open its doors.

-Consider conducting a lottery for big sale items.

-Make sure that shopping carts and other obstacles are placed in a safe place away from crowded areas.

-Keep an eye on your building’s maximum capacity.

-Provide the proper entrances for those with disabilities.

-Never block your exits.

-Always keep first-aid kits on hand. It’s important to keep Automated External Defibrillators (AEDs) as well as people who are trained to use them.

-Instruct employees to follow instruction of authorized responders in the event of an emergency and to disregard company rules if they conflict.

We can all have a safe and exciting Black Friday if employers keep these safety tips in mind. Happy Shopping!
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Massachusetts Bay Commuter Railroad Co. LLC was recently served with 22 violations by the Occupational Safety and Health Administration (OSHA) for failing to address a number of work site hazards and for failing to prevent work injures in Somerville. The railroad company failed to meet a number of health and workplace standards at its maintenance facility in Somerville on Rear Third Avenue. All of these fines totaled nearly $131,000.

These violations were witnessed during OSHA inspections from April to October. The inspections revealed that the workers in the company’s coach, pipe, truck, carpentry and diesel facilities were exposed to blood-borne pathogens, amputations, lacerations, chemical burns, falls, fired, electrocution, electric shocks, as well as to injuries from tripping, slipping and crushing hazards.

Our Massachusetts workers compensation lawyers understand the dangers that people who work with railroad equipment can be exposed to. Employees working alongside commuter railroads can be exposed to a wide variety of work hazards. These positions require skilled labor and can produce deadly results if the proper safety precautions are not met. Employers are required to ensure that work sites are hazard free and that work conditions are safe for everyone. We recognize that some dangers were corrected at the Massachusetts Bay Commuter Railroad Co. LLC’s Somerville facility following inspections, but before the company can be off the hook, they need to correct every last danger.

“The sizable fines proposed here reflect the number and breadth of hazardous conditions found at this facility,” said Jeffrey A. Erskine, OSHA’s area director for Middlesex and Essex counties.

Violations found at the Somerville facility:

-Unqualified workers were working on the company’s energized electrical equipment and they were not provided with or using the proper protective equipment. This protective equipment includes voltage-rated tools and fire-resistant clothing.

-Employees were exposed to a number of electrical circuits.

-The company neglected to offer employees who were exposed to blood-borne pathogens hepatitis B vaccinations.

-The work site did not have properly labeled containers for its hazardous chemicals.

-There were saw blades that were not properly guarding.

-The company allowed workers to handle corrosive materials without protective clothing, hand protection or face shields.

-The site had numerous blocked emergency exits.

-The site was improperly storing flammables.

-There were also improperly stored acetylene and oxygen cylinders.

-Workers and supervisors on the site were misusing power cords.

-The company failed to lock out electrical power sources during required maintenance.

A company will get a serious violation when there is a hazard that could potentially cause serious physical harm or death. In these cases, an employer should have known and addressed the hazard to help prevent any unnecessary accidents.
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The Occupational Safety and Health Administration (OSHA) recently released a new “Workers’ Rights” booklet. This booklet is designed to replace “Employee Workplace Rights.” Under the Occupational Safety and Health Act of 1970, workers have a right to a safe workplace and be protected from work-related injuries in Massachusetts and elsewhere. Employers are required to minimize all work-related hazards.

Our Boston workers’ compensation attorneys understand that employers have specific guidelines they must follow to help prevent work-related injuries and fatalities. When these guidelines are not met, OSHA will step in to take the appropriate actions to fix the situation and to rebuild employer safety standards. If you witness unsafe working conditions, you’re urged to contact a supervisor or OSHA. If you’ve been injured on the job, you’re urged to contact an experienced attorney to help you fight for your rights as a worker in the United States.

The Occupational Safety and Health Act of 1970 is in place “to assure safe and healthful working conditions for working men and women.”

Workers’ Rights:

-Workers can file a complaint: Employees have the ability to file a complaint with OSHA. These complaints will result in a workplace inspection.

-Workers are entitled to information and training resources regarding workplace hazards, methods to prevent hazards, and information to OSHA safety standards that apply to their field of work. Worker training is required to be done in the language and vocabulary that an employee can understand.

-Workers have the right to review records of injuries and illnesses that have occurred at their place of work.

-Workers have the right to obtain copies of test results and monitoring measures to ensure that hazards are contained in the workplace.

-Workers have the right to get a copy of workplace medical records.

-Workers have a right to participate in an inspection conducted by OSHA and to speak in private with the inspector.

-Workers have the right to file a complaint with OSHA if they feel they’ve been retaliated or discriminated against by an employer after they’ve requested an inspection or because they’ve exercised any of their other rights.

Those not covered by the Occupational Safety and Health Act:

-Workplace hazards that are regulated by another federal agency. This includes Coast Guard, Federal Aviation Administration, Mine Safety and Health Administration, etc.

-Those who are immediate family members of farm employers.

-Those who are self-employed.

Important examples of OSHA safety standards:

-Employees must be provided with fall protection, including lifelines and safety harnesses.

-Preventing cave-ins during excavation and trenching projects.

-Ensuring the safety of employees who work in confined areas such as grain bins and manholes.

-Limiting the exposure to high noise levels that have the ability to damage hearing.

-Keeping guards on dangerous machines.

-Control dangerous chemicals, including lead, asbestos, etc.

-Provide health care to employees.

-Properly train workers.
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“To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act…” reads the Occupational Safety and Health Act of 1970.

The Occupational Safety and Health Administration (OSHA) recently released an informational booklet to help educate employers about their rights and responsibilities after an OSHA inspection. Companies are oftentimes subjected to federal inspections by OSHA to help ensure workplace safety and to help prevent work-related accidents in Boston and elsewhere.

How an OSHA inspection works is that an OSHA compliance safety and health officer inspects a workplace in search of any hazards that could potentially harm employees. Once the inspection is completed, the findings are handed over to the OSHA area director who will then evaluate the findings. If a violation is discovered, then OSHA will hand over both a Notification of Penalty and a Citation. The documents will detail the violation and provide the business with a list of options, including ways to correct the violation, to contest the findings and how to pay the fines.

Our Massachusetts workers’ compensation attorneys understand that OSHA provides a violating company with all of the information it needs to correct the situation. They’re provided with the nature of the violation and the possible abatement measures a company can take to fix the situation. Employers can either agree or appeal the findings. If an employer disagrees with the findings, they’re allotted 15 business days to contest in writing the citation, the penalties or the abatement date. Employers are always welcome to schedule a meeting with their OSHA area director if they have any comments or concerns.

Possible violations:

-Willful Violation: This illustrates a hazard in which the employer displayed complete disregard for. Fines for this violation can range from $5,000 to $70,000 per violation.

-Serious Violation: This illustrates a hazard that could cause serious physical harm or death where the employer may not have been aware of the hazard. Fines for this violation can be up to $7,000 for each violation.

-De Minimis: This illustrates an instance in which an employer has created measures different from the ones provided by OSHA and that have no relation to health or safety. These violations don’t come with any specific citations or penalties.

-Failure to Abate: This illustrates when a hazard has already been cited by OSHA and the employer didn’t correct the situation. However, if the hazard was corrected and it reoccurs later then a company will get a repeat violation. Failure to Abate Citations can be up to $7,000 for each violation.

-Repeated: This is when an inspector finds the same hazards at the same work site within five years after its first discovery. Repeated violations can bring a civil penalty of up to $70,000 for each violation.

Employers are urged to contact the OSHA Commission if they’re facing any violations and they’re questioning any findings. The interpretations and enforcement policy can change over time.

OSHA provides all employers with its Employer Rights and Responsibilities: Following a Federal OSHA Inspection booklet.
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The Occupational Safety and Health Administration recently joined forced with Restaurant Opportunities Centers United (ROC-United) to raise awareness about the importance of worker safety. They’ll be working to educate employees and employers about ways to reduce injuries under their new “Alliance Program.” The two organizations will be focusing on trip, fall, slip, burn and cut injuries on the job. They will also be addressing safe workplace issues that affect small businesses and young employees in an attempt to prevent work injuries in Massachusetts and elsewhere..

“Many teens’ first work experience is in the restaurant industry, so this Alliance is a great opportunity to reach these and other restaurant workers and employers to raise awareness of ways to promote safer, more healthful workplaces,” said Assistant Secretary of Labor for Occupational Safety and Health, David Michaels.

Our Boston workers compensation attorneys understand that restaurants and various other types of drinking and eating businesses currently employ nearly 12 million people in the U.S. About 30 percent of these employees are under the age of 21. It is important for parents and employers to look after these young workers as they’re not always aware of their right as an employee in the U.S. Many of these individuals may not know to speak up against unsafe work conditions or may be too intimidated to do so. In 2006, 30 teens under the age of 18 died from work-related injuries. By helping to educate the public, the Alliance Program aims to enhance worker safety among restaurant workers.

The two organizations created the alliance to produce important fact sheets and health and safety pamphlets to raise awareness about the commonality of cuts, burns, trips, slips and falls. The two organizations will also be creating case studies on lessons learned. These will be created to help train employees and employers on how to effectively handle dangers and hazards in the restaurant industry.

ROC-United is an organization recognized nationwide and has workers across the country. It currently has about 8,000 members. It was founded back in 2008. ROC-United uses its efforts to focus on making work conditions safer for everyone who works in a restaurant. It also coordinates a number of nationwide campaigns for employees of the industry.

Through these two organizations and their formation of the Alliance, they work with employers, employees, safe workplace advocates and other groups to reduce the risks of work-related illnesses, injuries and fatalities. Some of these other groups include educational institutions, community-based organizations, consulates, unions, business institutions, faith-based organizations and other professional and traded organizations.

All of these parties work with one another to develop tools to help make sure that businesses are working within federal safety regulations. They also work diligently to educate workers and share important information regarding work safety with employers and employees. The participants of the Alliance Program are not exempt from OSHA inspections.
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Walsh Corp., based out of Dorchester, has been cited for a number of violations by the Occupational Safety and Health Administration (OSHA) for failing to protect its employees from avoiding a Hanover work accident. At the work site, employees were subjected to various “struck-by” and cave-in hazards. These violations came with proposed fines of more than $160,000.

An inspector from OSHA witnessed the Walsh Corp.’s violations after it was hired to install a water main on Rockland Street. The inspector says he saw trenches that were deeper than 5 feet that were not protected. These trenches were straight-walled and had nothing there to keep the walls from collapsing. The inspector also reported that the concrete around the trench had not been removed, supported or undermined to stop it from going into the trench. Trenches are prone to cave in when they are not properly supported. Employers have an obligation to provide safe work conditions for all employees, regardless of the industry.

Our Massachusetts workers compensation attorneys understand the dangers that trench workers face on the job. These accidents are 100 percent preventable if workers and employers take the proper safety precautions. According to the U.S. Bureau of Labor Statistics, there were nearly 300 employees who died in excavation or trenching cave-ins from 2000 to 2006. Nearly 70 percent of these fatalities happened among companies with fewer than 50 employees. Roughly 50 percent of these fatalities occurred within companies that had fewer than 10 workers. These types of accidents are completely preventable by using safe work practices, protective equipment and proper engineering controls.

Walsh Corp. was also cited for failing to use a ladder in the trenches on the site. Ladders are to be kept on site to provide a safe way to get out of a trench. The inspector also reported that workers were not wearing the proper head protection to keep them safe from being struck by falling debris. Lastly, the company was cited for having supervisors who failed to address these hazards. Each work site is required to have an overlooking individual who possesses the knowledge to identify these hazards. If these conditions are present, these individuals are instructed to keep employees out of the unsafe trenches.

“These conditions could have been a precursor to death or severe injury for this worker,” said OSHA’s area director for Boston and southeastern Massachusetts, Brenda Gordon.

Reports indicate that the walls of the trench could have fallen in at any second. A collapsed trench could potentially suffocate a worker. Employers are required to have knowledge to recognize these hazards and be able to correct them. Walsh Corp. was fined to the highest degree for failing to address these hazards. They were also fined more than $20,000 for other three serious violations.
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A popular chain of supermarkets was recently fined by the Occupational Safety and Health Administration for failing to protect workers from work accidents in Massachusetts and in New Hampshire. The company, DeMoulas Supermarkets Inc. does business as Market Basket, and is now facing fines of nearly $600,000 after being cited with 30 violations. A majority of the violations resulted from the company failing to once again eliminate laceration and fall hazards after already being warned, and for not properly responding to a worker’s injury-resulting accident.

“Employers with multiple locations have a responsibility to ensure safe and healthful working conditions at all of their workplaces,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

Our Boston workers compensation attorneys would like to reiterate the importance of safe work conditions for all employees. Regardless of the industry, employees are required to be protected from injury on the job. If a company is observed neglecting this obligation, it can face serious fines, penalties and potential shutdown.

The inspection of these stores started after a worker broke his arm and suffered from head trauma after an 11-foot fall to the concrete floor. In this accident there was an inadequately guarded storage mezzanine. The store didn’t deal with the accident properly. Instead of calling for professional help, store management got the worker a wheelchair, sat him by the receiving dock, and made him wait for a relative to come and pick him up to take him to the hospital.

Another inspection was conducted after a supervisor from OSHA witnessed the same type of fall hazard at another one of the company’s stores. At several stores, workers were not provided with adequate guardrails to help prevent falls.

The laceration dangers pertained to employees who worked in the bakery, deli and produce departments. Since the grocery stores failed to conduct hazard assessments, the workers were unnecessarily exposed to dangerous knives.

The company has previously been informed about both the fall and the laceration hazards. For neglecting to address these problems, the company was slammed with more than $260,000 in fines. A company is required to correct hazards after being notified by OSHA. When a company fails to make these corrections, serious penalties occur.

They also received nearly $226,000 in citations for the repeat violations.

The repeat violations were witnessed at the following stores:

-Andover
-Westford
-Tewksbury

-Fitchburg
-Ashland
-Salem
Other violations were handed over with fines of nearly $103,000. These fines were for failing to report the fall accident properly and for moving an employee who had been injured. Even more violations were handed out for failing to cover electrical equipment, lacking hand and eye protection, allowing employees to work near battery acid, and neglecting to keep the emergency eyewash station working correctly.
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