Articles Posted in Boston Work Accidents

A recent Quincy work accident turned deadly on Route 3A. The accident happened when a worker fell from a bucket truck when it was hit by a tractor-trailer that was passing by, according to the Boston Globe.

Michael Morrissey, the Norfolk District Attorney, reports that the 58-year-old worker of Braintree was working in the truck’s bucket on a traffic light at the intersection of Chubbuck and Washington Streets when the accident happened. After the collision, the worker was transported to the Boston Medical Center where he was later pronounced dead. The driver of the tractor-trailer who hit the bucket truck stopped at the scene of the accident and has spoken with police. The Occupational Safety and Health Administration is currently investigating.

Our Boston workers compensation attorneys know we’ve all been there. You’re running late for work and a utility truck or other type of construction vehicle is slowing up traffic. We’ve all thought about speeding by these traffic-slowing workers, but there’s nothing good to come of it. Ignoring workers and utility vehicles on our roadways is a recipe for disaster. There are construction zone rules and they’re there for a good reason, to save lives and prevent injury. There were more than 700 people killed in work zone-related accidents in 2008, according to WorkZoneSafety.org. There are thousands more of work-zone car accidents that result in serious injury.

Most commonly, these types of accidents are caused by motorists who fail to obey the reduced speed limits and other road rules. In these areas, both vehicle occupants and workers are at risk for a serious accident.

We offer you these safety tips to help to prevent an accident in a construction zone:

-Be sure to acknowledge all warning signs posted before such hazards.

-Always follow speed signs. Speeds have been reduced in areas in which dangers are present.

-Practice alert driving and curb all distractions.

-Put all of your focus on the road when you’re traveling near or through work zones and when you’re traveling near utility vehicles.

-Always drive through these areas with your headlights on so that your car is easily spotted.

-Never tailgate in the areas. Lane changes and stoppage in traffic heightens the risks for rear-end accidents.

According to the U.S. Department of Transportation, speeding is the number one contributor of traffic-related accidents in work zones and with utility vehicles. Whenever you’re near either of these scenarios, drive slowly and cautiously. Supervisors of road construction projects are to ensure that all of the proper safety precautions are taken before beginning work. Traffic flow needs to be monitored and altered to help ensure the safety of all workers.
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Construction workers are some of the most vulnerable employees for a fatal work accident in Massachusetts and elsewhere. We’ve previously discussed the dangers of trench employees and the oftentimes gruesome accidents witnessed in this industry, welling is relatively similar. A recent well-related accident in Hampden illustrated just how devastating they can be.

In the recent accident, a 61-year-old Vernon, CT man fell into a well and was killed. The man fell about 12 feet into the well. Officers responded to the accident, but got there too late. The man was pulled from the well by emergence responders, but was pronounced dead at the scene, according to The Hartford Courant.

Our Boston workers’ compensation attorneys understand that this well-digging crew was a two-man team of experienced diggers. Many victims of these types of accidents are in fact specialized in this type of work, but without the proper safety precautions fatal accidents can happen.

“It was 60 years combined experience between them. It was an accident that was not foreseen,” said Jeff Dion, office manager at the well company, Stavens Brothers
The men were using a drilling rig that was nearly 70 feet tall. The accident happened when the hole was about 5 feet wide and nearly 20 feet deep. When the Vernon man fell, his partner tried to catch him, but was unable to as he lost his grip.

Officials aren’t sure what caused the man to fall.

The accident is currently being investigated by the Massachusetts Department of Industrial Accidents, the Massachusetts State Police and the Hampden Police Department.

Well-drilling companies should ensure the following to help ensure safe work sites:

-Create a site-specific safety plan that covers all employees and their specific scope of work.

-Consider enacting a medical surveillance program for employees who may be at risk for severe exposure to environmental contaminants above a permissible exposure limit. More information regarding these types of dangers can be found in the NIOSH Pocket Guide to Chemical Hazards.

-Provide respiratory protection for all employees to help to protect against site-specific contaminants on a case-by-case basis.

-Make sure that sites are tested for respiratory contaminants before beginning work.

-Make sure that your company has enacted some sort of hazardous waste operation to help dispose of any harmful materials.

-Use the proper decontamination processes to help ensure that all materials and workers are kept safe from hazardous materials. Decontamination materials may include disinfectants, organic solvents, surfactants, detergents and distilled water. These decontaminating materials should be used by brushing, absorbing or wiping off infected surfaces. Air compression is also acceptable.

-Make sure that all employees have been trained to discourage outside onlookers and know how to properly mark off a work zone with caution tape.

The proper training and the proper safety measures can help to eliminate potential dangers and hazards from a work site and can help to keep workers safe.
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Our Boston workers’ compensation attorneys recently discussed the dangers that workers face who work with, in and around wells. Trenching employees face some of the similar dangers as well employees. Both sets of workers face high risks for serious accidents if the proper safety precautions are not taken.

Officials from the Occupational Safety and Health Administration (OSHA) are talking about the dangers that workers face in trenching operations as well. As a matter of fact, the Administration recently released three new guidance sheets that are filled with tools and tips to help these workers to stay safe on the job.

Workers who spend their day in trenches face the most risks for fatal accidents within the construction industry. There have been more than 200 employees who have died in trench-related cave-ins since 2003. Hundreds more workers have been injured in trench-related work accidents in Massachusetts and elsewhere.

“No worker’s life should end in a trench,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Cave-ins are some of the worst and most horrifying causes of death within the construction industry. Still, these gruesome accidents are some of the most preventable. This new guidance material is aimed at preventing some of these tragic accidents. Through the new material, employers and employees can educate themselves to take the proper precautionary steps to protect everyone working near trenches.

Information provided through the guidance includes:

-An updated fact sheet about the dangers that can be present when working in trenches. The sheet also provides a list of safety measures that are required to be used to protect these workers.

-A new QuickCard will be included to be referenced as a simple guide of safety measures and trenching hazards. The card will include graphics to provide a clear picture to workers and employers.

-A poster to place in dangerous areas that will alert workers and others to keep away will be included in the new guidance as well. This poster is to help remind workers that safety measures need to be taken to avoid a potentially fatal accident.

Here are some general excavation and trenching rules:

-Make sure that heavy equipment is kept away from the edges of trenches.

-Keep an eye out for other things that could possibly affect a trench’s stability.

-Keep spoils and other items at least three feet away from the edges of a trench,

-Make sure to locate any underground utility wires or pipes before digging a trench.

-Make sure that tests have been conducted to locate atmospheric hazards, like low oxygen, toxic gases or hazardous fumes when the trench is at least 4-feet deep.

-Make sure that all trenches have been inspected before the beginning of all shifts.

-Always inspect a trench after its rains or after any other form of water intrusion.

-Never work underneath a raised or suspended load when inside a trench.
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We recently discussed work-related heading loss on our Boston Personal Injury Attorney Blog. Throughout the entry, we discussed the statement that OSHA released stating that they were not going to go forward with the previously proposed “Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise” rule because there wasn’t enough resources or public outreach needed to do so.

Recently, the Occupational Safety and Health Administration (OSHA) announced that it will be holding a meeting with stakeholders in an attempt to address comments, concerns and questions regarding the current occupational hearing loss prevention program. Our Boston workers’ compensation attorneys understand how important these types of initiatives are.

Unfortunately, hearing loss can take years to occur and may not be caused by a single accident. If you feel you’ve lost your hearing because of your job, it is critical for you to contact an experienced attorney to help to you determine the cause of the loss and to help you to collect the compensation you deserve.

This meeting will be held on November 3 and will be used to gather information from the stakeholders about the best and most effective practices and programs that can be used to conserve workers’ hearing. The meeting will also address feasible engineering controls and workers’ personal protection equipment for these types of incidents.

Although OSHA previously refused to pass additional proposed regulations to control occupational noise, they continue to claim that they’re going to do their best to work with stakeholders to prevent work-related accidents pertaining to employee’s hearing.

“Between 20,000 and 25,000 workers suffer preventable hearing loss every year due to high workplace noise levels,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Back in January, the Administration launched a consultation, outreach and education initiative to help prevent work-related hearing loss incidents. This November meeting is aimed to checking in and checking up on that initiative.

If you are interested in attending the meeting, you must register first. The deadline for the event’s registration is October 27.

Occupational hearing loss dialogue information:

Location: Frances Perkins Building, U.S. Department of Labor Address: 200 Constitution Ave. N.W., Washington, DC.
Room: N-4437 A/B/C/D,
Phone: 781-674-7374 Fax: 781-674-7200. All faxes should have a cover letter reading: ATTN: OSHA Preventing Occupational Hearing Loss: Stakeholder Meeting.” Please be sure to include your name, your contact information and the organization or company you’re affiliated with.

It is estimated that only 20 percent of employees who should be wearing hearing loss protection actually do. While this OSHA’s meeting with stakeholders is a step in the right direction, its failure to pass tougher rules to regulate noise pollution has not been forgotten. Workers who are likely to be affected by hearing loss-related work accidents are those in the mining, military, transportation, entertainment, manufacturing and construction industries.
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There’s a new guidance available to employees and employers to help to reduce the risks of nail gun-related work accidents in Massachusetts and elsewhere. The information is targeting construction workers and provides vital information regarding nail guns.

The guidelines were provided by the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA).

Our Boston workers compensation attorneys understand that nearly 40,000 workers visit an emergency room every year because of nail gun-related injuries. This new release aims to help educate construction employees and other workers who use the devices to help improve safety on the work site. Many injury reports involving a nail gun are in fact preventable with the proper skills, training and safety precautions.

Workers in the construction industry, more specifically workers in the residential construction field, use nail guns on a daily basis. These tools help to move a job along swiftly with their easy-to-use design. Still, there have been an alarming number of both external and internal bodily injuries resulting from their use.

Nail guns can cause injuries by:

• Bouncing off a hard surface and at you or another employee.
• Missing the surface intended to be nailed and becoming airborne.
• Falsely disabling the gun’s lock and safety features.
• Other improper uses.
• Lack of training.

These injuries can be prevented if employers and employees take preventative measures. Some of these measures can include using a full sequential trigger nail gun, establishing nail gun work rules and procedures, properly training employees with medical aid response and also by providing employees with their own personal protective equipment.

A recent study concluded that 2 out of every 5 residential construction employees suffer from a nail gun injury at least once in a four-year period. The study also concluded that 1 out of every 5 employees are injured twice and at least 1 in every 10 employees are injured two of three more times in the same time four-year period. Unfortunately, officials believe that many of these injuries are never reported and that the actual number of yearly injuries and deaths that are caused by nail guns is much higher.

Employers should go over the following with employees about nail gun safety:

-How to properly load a nail gun.

-How to operate the connected air compressor.

-How to safely fire a nail gun.

-How to secure lumber during placement work.

-What to do when nailing near ricochet-prone surfaces.

-How to hand awkward work positions, like working on a ladder or toe-nailing.

Employers are required to provide workers with the proper safety knowledge, skills, protections and education for work-related duties. When a worker is injured on the job, it is critical to contact an experienced attorney to help make sure that you receive the compensation you deserve.
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In 2010, about 70 percent of all workers employed at acute care hospitals in the state got a flu vaccination. A recently released report from state public health regulators stated that the percentage of employees who got this vaccination have increased since the 2008-2009 year.

At a recent debate among the Public Health Council, members discussed the idea of mandatory vaccines for all hospital workers to reduce the risk of work-related illnesses in Massachusetts, according to The Boston Globe. The panel consists of consumer advocates, doctors and professors.

Our Boston workers compensation lawyers understand that hospital employees are at a unique safety risk for contracting a number of illnesses. These individuals and their employers should take all of the proper safety precautions to reduce the risks of these incidents in the workplace.

According to the director of the Bureau of Healthcare Safety and Quality, Dr. Madeleine Biondolillo, all employees should have this vaccine and hospitals should aim to get a participation rate of more than 90 percent, but definitely no lower than 73 percent.

Her proposal is voluntary but highly encouraged. The goal of the idea is to help to keep employees from giving the flu to patients and to protect them in the event of a flu outbreak.

Some of the members of the Public Health Council said that the proposed rate increase may take longer to achieve than that.

Currently, Massachusetts requires that all hospital workers must either be vaccinated or they must sign a form stating that they’ve refused the shot. Under these rules, employees can opt out of the vaccination for religion and medical exemptions.

A specialist at Lahey Clinic, Dr. Robert A. Duncan, says that his clinic upped its vaccinate rate by roughly 70 percent to nearly 100 percent in just eight weeks. The way the clinic increased its rates was by setting a policy requiring those who didn’t get a vaccination to wear a surgical mask at work throughout flu season whenever the worker was within a 6-foot radius of another person.

A member of the council and the dean at Boston University’s School of Public Health, Harold Cox, says that rules need to be stricter and lawmakers and facilities need to act stronger to push this measure. All employees need this vaccination to prevent illnesses in the workplace.

The Massachusetts Hospital Association says that they strongly support a measure that would make these types of vaccinations mandatory for all employees. The Association believes that it’s unfair to patients to allow roughly 20 percent of workers to walk around unprotected and able to carry and pass on various illnesses.

Accord to a recent report, the hospitals with the most employees with the flu vaccine:
-Lahey, with more than 96 percent.
-Children’s Hospital Boston, with more than 91 percent.
-Fairview Hospital, with more than 88 percent -Martha’s Vineyard Hospital, with more than 83 percent.
-Newton-Wellesley Hospital, with 83 percent.

Employees are asked to take all of the necessary safety precautions to help avoid the transmission of any illness or disease. Employers are also required by federal law to provide safe and sterile work environments for hospital employees.
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A dentist is being sued for violating worker’s rights in Boston, being accused of firing one of his employees for voicing concerns about needlestick hazards after filing a health complaint with the Occupational Safety and Health Administration (OSHA), according to the U.S. Department of Labor.

“Workers have the right to perform their jobs without being exposed to life-threatening hazards as well as the right to raise concerns when faced with such hazards,” said Marthe Kent, OSHA’s New England regional administrator.

Our Massachusetts workers’ compensation attorneys understand that doctors, hospitals and medical facilities have an obligation to protect employees from dangerous hazards, including blood borne contamination. The Labor Department helps to enforce federal standards to help ensure that employees are provided with the proper protection on the job.

The lawsuit that the Department of Labor has filed against the Boston dentist seeks lost wages, interest, benefits and compensatory and punitive damages. Lastly, the lawsuit seeks to prevent the dentist from every putting his employees in danger of violating the Occupational Safety and Health Act in the future.

According to the Centers for Disease Control and Prevention, there are approximately 500,000 workers exposed to bloodborne pathogens through sharps injuries ever year. It is also estimated that there are about 1,000 percutaneous injuries every day. Technicians, physicians, nurses and housekeeping staff members are particularly at risk for sharps injuries. Researchers estimate that it is likely that for every 100 occupied hospital beds, nearly 30 of these injuries happen.

Sharps injuries can result in the transmission more than 20 pathogens, including:

-Human immunodeficiency virus (HIV)
-Hepatitis C (HCV)
-Hepatitis B (HBV)

The CDC estimates victims of these contaminants cost about $3,000 for the proper testing, counseling and post-exposure prophylaxis.

Costs and incidents may be much higher than expected as the Massachusetts Sharps Injury Surveillance System predicts that anywhere from 22 percent to 99 percent of sharps injuries are never reported.

To help reduce the risks of bloodborne pathogens, OSHA suggests:

• Establish an exposure control plan to minimize of eliminate occupational exposure.
• Update the plan regularly to reflect changes in procedures, positions that affect these exposures, tasks and technological exposures.
• Use signs and labels to communicate hazards.
• Keep proper worker training and medical records.
• Keep hepatitis B vaccinations on hand for all employees.
• Provide workers with personal protective equipment (PPE), including gowns, gloves, masks and eye protection.
• Provide the proper training and information to all employees.
• Examine work procedures to ensure that they are done in a way that suggests the least risk to workers. If a simpler and safer way can be implemented, do so.

The Massachusetts Sharps Injury Surveillance System requires that all sharps injuries be reported. The system understands that many employees may not report the injuries for a few reasons:

• They may not think that they are at a high risk
• They may fear the disease they may have gotten
• They wish to avoid the paperwork and procedures following an exposure
• They may fear that they could put their job at risk

But while these are all understandable concerns, they shouldn’t come between a workplace injury and filing a claim. Without filing a timely workers’ compensation claim, the worker may lose their rights and regret it forever.
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A metal-parts manufacturer in Massachusetts that supports aerospace, aviation, energy and defense markets was recently issued nearly 40 violations for failing to adequately prevent work accidents in North Billerica.

The Occupational Safety and Health Administration (OSHA) recently conducted an inspection of Spincraft in North Billerica after an employee was reported to have sustained a number of injuries to the eye and face after a work-related accident. The accident report stated that the employee was injured as he was operating a portable grinder. The grinding wheel ruptured and launched into his face. According to reports from the inspection, the grinder wasn’t properly guarded or set up correctly. Additionally, the employer did not take proper precautionary steps to ensure the machinery was being operated at the correct speed. Because of the violations, the company is facing nearly $200,000 in proposed fines from OSHA.

“This is exactly the type of needless injury OSHA standards are designed to prevent,” said Jeffrey A. Erskine, OSHA’s area director for Essex and Middlesex counties in Massachusetts, in a news release.

Our Boston workers compensation attorneys understand that every employer has a responsibility to ensure that work sites are safe for employees. Employers are required to minimize all reasonable hazards to prevent an accident. All machinery must be examined and fit to work under necessary conditions. If these steps are not taken by an employer, they can be held responsible for compensation for an employee if an injury or death results. OSHA is responsible for ensuring that employers across the country are providing safe working conditions for all employees. Failure to do so can result in violations, citations, fines and potential shut down.

The OSHA inspection also found the following violations at the North Billerica plant:

-Exit access areas were obstructed.

-Propane was not properly stored.

-Cranes were not inspected often enough.

-Crane running ropes were not inspected.

-Crane upper limit switches were not tested.

-Efficient training regarding potential work site hazards was not provided to employees.

-Electrical hazards were present.

-Unguarded floor holes and ladderway openings were observed.

-Open-sided platforms and floors.

Spincraft was handed more than 32 serious violations that came with proposed fines totaling $173,000. These serious violations are issued when an employer fails to remove a hazard that they knew or should have known about that had the potential to cause serious injury to a worker.

The company was also given six additional violations that came with a proposed fine of nearly $3,000. These citations were for additional issues with machinery guarding devices as well as undocumented safety procedures. These other-than-serious violations are given when a violation would probably not cause any kind of serious injury but is still ultimately a hazard.

OSHA has been pushing for safer conditions for workers through the Occupational Safety and Health Act of 1970. Under this act, all employers are required to provide healthful and safe work areas for all employees.
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