Fall Accidents

August 14, 2013

Miner Injuries and Fatalities on the Decline

It’s every miner’s nightmare: A roof collapse.

The number of miners in the U.S. who were killed in underground mine accidents has seen a significant decrease since 2007. To make news even better, deaths from retreat mining have virtually dropped to zero, according to the United States Department of Labor (DOL).

Usually, it is these kinds of accidents that are the number one cause of mining injuries and fatalities.

Our Boston workers’ compensation attorneys understand that the Preventative Roof/Rib Outreach Program (PROP) works to educate mine operators and miners about the dangers that they can face on the job each and every day — particularly about rib falls in underground coal mines and the dangers of roof falls. From 2003 to 2007, there were close to 30 miners who were killed in these kinds of accidents. Throughout the five years following (through 2012), the number of fatalities from these kinds of accidents saw a more than 30 percent reduction, only witnessing 19 fatalities. More specifically, the number of fatalities from retreat mining dropped down to zero from 2008 to 2012.

When we talk about retreat mining, we’re talking about the practice of mining and leaving those pillars that stand to support the roof of the mine. When mining operations are done in the area, the miners carefully collapse and take down the pillars as the work moves from that area of the mine. Unfortunately, this is a risky scenario, especially when all of the safety precautions are not executed properly.

In 2012, there were more than 375 miners who were injured from a rib and roof fall. Of these injuries, close to 150 of them were roof-bolter operators that were injured from roof falls. Another 20 of them were roof-bolters operators who were injured from rib falls.

Knowing this, officials with the Mine Safety and Health Administration (MSHA) will be focusing on these individuals safety in their new line of safety and information posters. In addition, they’ll be covering accidental activation, pinch points and the accidents that are caused from hands-on drilling.

According to the DOL, each site should have a drilling procedure. This procedure should first lay out the drill pattern. Then, drill the second row back from the face of the high wall. The vibrations from the drilling with help to make the defects at the edge of the wall more apparent. Once this is done, your best bet is to once again look over the ground surface for and separation or cracks before drilling the first row of holes. When you are drilling the first row, you should use the holes that were already drilled as a tie-off for the location of a T bar. You should never tie-off to a drill. If the wall goes down, so will the drill and so will you.
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June 15, 2013

Massachusetts Contractor Faces $290,700 in OSHA Fines

by Jeffrey S. Glassman

Employers nationwide are required to follow specific guidelines to ensure worker safety. In addition to providing employees with proper protective gear, proper equipment and training, employers must also implement safety policies and keep the premises safe. According to a recent report, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited construction company, Twin Pines Construction Inc. for several violations in plants throughout Massachusetts. As the agency charged with maintaining safe workplaces nationwide, OSHA has broad authority to set safety standards and fine those companies that are in violation of regulations.

The Everett, Massachusetts based company has been fined a total of $290,700 after an OSHA inspector visited the premises. The inspection and violations sheds light on the dangerous working conditions faced by employees throughout the state. Our Boston workers’ compensation attorneys are experienced in the investigation of workplace accidents. We employ our skill and extensive background in this area of law to best protect the rights of injured workers and their families. Remember that an independent investigation can support an OSHA finding of negligence whether you are pursuing workers’ compensation or a third-party claim.

An OSHA violation may involve improper maintenance, equipment failures, or inadequate safety gear. In this case, employees were exposed to dangerous falls up to 30 feet, in violation of the OSHA standard that requires fall arrest systems, guardrails or safety nets. The company was fined $200,500 for these failures that were considered “willful violations.”

OSHA has varying degrees of offense, the highest of which is a “willful violation.” A willful violation is said to occur when the employer commits the violation intentionally, knowingly, or voluntarily disregarding the law’s requirements. In this case, the employer ultimately showed indifference to employee safety and health. The company had 4 repeat citations for similar violations in 2009. Repeat violations occur when a company has been cited for a similar violation, but fails to rectify conditions within a specific period of time.

A spokesperson for OSHA has indicated that the large penalties reflect the egregious nature of the recurring violations. The employer had knowledge of these violations and refused to take action to correct the dangerous conditions. OSHA personnel found the offenses particularly grave, since the risk of falls creates one of the greatest hazards for workers. Injuries or fatalities caused by falls are often preventable if employee are given equipment, provided safeguards and trained properly.

OSHA issued additional citations failure to provide eye protection for those employees using nail guns. The premises also had ungrounded electrical cords and broken or non-existent handrails which creates an additional risk of electric shock or fall. Twin Pines was also cited for improper bracing of wood and metal trusses, missing fire extinguishers and issues involving a lack of protection against falling objects.

Massachusetts was recently awarded for an initiative to stop workplace falls. The campaign was intended to provide information to employers and employees, provide training seminars and raise public awareness about the dangers of falls. In addition to disseminating information, OSHA will continue to inspect and fine companies that are in violation of OSHA standards.

Twin Pines Construction Inc. has 15 business days to either comply or contest the allegations and penalties.
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June 13, 2013

Massachusetts Campaign to Prevent Worker Falls Awarded by OSHA

by Jeffrey S. Glassman

While there are federal safety standards for workers, each state has its own set of enforceable regulations to ensure worker safety. A 2012 campaign initiated in Massachusetts to prevent worker falls is now being recognized and implemented nationwide. Last month, the campaign won a national award from the U.S. Occupational Safety and Health Administration (OSHA).

The campaign, spearheaded by the Massachusetts’ Department of Labor Standards, was aimed at preventing falls, the leading cause of death among construction workers. According to the Massachusetts Department of Public Health, construction site falls claimed more than lives in 2007-2011 than any other type of work-related accident. Our Boston workers’ compensation attorneys are experienced in helping the victims and families of construction site accidents recover compensation after an accident or injury.

Construction sites are notoriously dangerous for workers. Unstable premises, dangerous machinery, improper equipment, as well as poor training of sub-contractors can increase the potential for risk. OSHA is the federal regulatory agency for workplace safety and Massachusetts has its own standards to help prevent falls, injury, and fatalities. According to reports, most of the workers who died in a fall were employed on construction sites. The Massachusetts campaign was designed to provide small contractors with appropriate training and educational resources necessary to implement safety on the worksite.

In addition to creating a safer environment for workers, the campaign also aimed to raise public awareness about the dangers of construction sites. The Massachusetts initiative is dedicated to saving lives of workers and preventing the number of falls in the state and now, nationwide.

Every year, OSHA awards state programs for state initiatives that have made achievements in promoting worker safety. In April 2013, Massachusetts Department of Labor won this award, known as an OSCAR, the On-Site Construction Achievement Recognition. The Fall 2012 program was a partnership effort with the Andover Federal OSHA office. The agencies distributed over 5,000 flyers to contractors, including roofers, trade associations, building inspectors, and other construction companies throughout the state.

In addition to distributing the information, the agencies hired outside consultants and compliance officers to visit work sites, conduct seminars, and provide necessary information to nearly 350 construction companies and workers. At the seminars, employees and employers were given demonstrations on using protective gear and in employing safety techniques to prevent falls based on OSHA requirements.

The program was relaunched Spring 2013 and expanded its outreach. Program administrators see this season as a new opportunity to warn construction companies, contractors, and employees about the dangers off falls as they enter the busy summertime construction season. As part of the expansion, the campaign initiative will broaden with additional materials for contractors on ladder safety, personal fall arrest systems, scaffolding safety and additional educational information in various languages.

The Department of Public Safety is collaborating with the Department of Public Health on the dissemination of additional information to Massachusetts contractors, inspectors, and construction worker vocational schools. These efforts throughout the state may improve worker safety and prevent injuries and fatalities throughout Massachusetts. The extended campaign to prevent construction site falls is slated to run from April through June.
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May 15, 2012

Risks of Work Accidents in New England Lands Company in Hot Water!

by Jeffrey S. Glassman

The big-time grocery chain of the area, DeMoulas Super Markets, has agreed to make all of its 60 Market Basket in both Massachusetts and New Hampshire safer for all of its employees and to help to reduce the risks of work-related accidents in Boston and elsewhere. According to the Occupational Safety and Health Administration (OSHA), the company made an agreement with the Department of Labor to correct its hazards after it was cited with nearly $600,000 in citations back in October. Investigators with OSHA found a number of dangers and hazards at a number of its stores, including serious lacerations and fall hazards at grocery stores.

“This enterprisewide settlement is significant because DeMoulas has agreed not only to correct the hazards cited during OSHA’s inspections but also to enact effective and ongoing systemic changes that will benefit all its employees,” said Dr. David Michaels, Assistant Secretary of Labor for OSH.

Our Boston workers’ compensation attorneys understand that the company originally contested its citations from OSHA officials. After the investigation and after the appeal, the grocery store agreed to dish out nearly $600,000 and also agreed to make the changes to take the proper safety precautions to correct these dangers. DeMoulas will be implementing new safety hazard materials and will be making sure that these materials are enforced at each and every one of its stores.

Officials believe that by implementing new safety measures, employees will be safer on the job and that employees throughout the company will be better protected from work accidents.

According to Michael Felsen, the OSHA director for the New England area, there will be a new health and safety director working with the company as well. This will be a full-time director that will be helping the company to create, coordinate, enforce and push new safety measures.

Included with the new health director:

-Monitor work site safety requirements.

-Complete random safety inspections.

-Suggest provisions to current safety standards.

-Lookout and document safety and health violations on each work site.

-Create and enforce a disciplinary program for all workers.

-Make sure that all employees are getting the right, and effective, safety training.

-Conduct performance reviews on supervisory employees on the job to make sure they’re doing their best to help to minimize accident risks.

Employers are reminded that they have a legal obligation to take all of the necessary safety precautions to help keep workers safe and injury free on the job. It’s a federal obligation that needs to be taken seriously and can help to save lives.
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March 27, 2012

Fatal New England Work Accident Lands Company with Nearly $200,000 in Fines

by Jeffrey S. Glassman

The MacMillin Co. Inc. was recently cited by inspectors with the Occupational Safety and Health Administration (OSHA) for failing to help ensure worker safety and for failing to protect employees from a work accident in New England. The worst thing about these citations is that the violations were discovered after an investigation that was warranted following a fatal work accident in September. The fatal work accident happened at the company’s construction site at Keene Middle School. What happened is that temporary workers were doing their jobs under the direction of the Keene-based contractor when a plank on the erecting scaffold they were working on snapped. One of the workers on that scaffold fell nearly 30 feet to the concrete floor below. He died from injuries sustained in the fall.

After the fatal accident, OSHA inspectors took a peek at the construction site and discovered that the scaffold hadn’t been previously inspected for defects, workers had not been provided with the proper training to be working with the equipment and the company didn’t make sure that the employees were provided with or were using proper fall protection equipment. With these willful violations, the company received three violations. A company is cited for these conditions when an employer is determined to have total disregard for federal safety requirements and fails to keep workers safe and healthy.

Our Massachusetts workers compensation lawyers understand that wasn’t all — the company was doing a lot more to jeopardize its workers’ safety. OSHA also determined that the scaffold planks that they were working on were not designed to support such heavy loads, the legs of the scaffolds were not set on base plants, the planks of the scaffolds were not covered with paint and the workers weren’t even being supervised when the scaffold was erected. These additional citations landed the company with four serious violations. Serious violations occur when there is a high probability for serious injury or death from a danger that an employer should have known about.

“Proper planning, inspection procedures, employee training and equipment could have prevented this incident and the worker’s death that resulted,” said Rosemarie Ohar, an OSHA area director.

Ohar adds that employers who use scaffolds in their duties should take the time and make the effort to look over and inspect their equipment, their employees’ training and the company’s work practices to help ensure that risks for accidents are minimized. These recommendations are in fact federal regulations and are designed to help protect workers throughout the U.S. It is a legal obligation to reduce dangers on work sites, regardless of the industry.

All of these violations and citations left the company with nearly $200,000 in proposed fines.

Nearly 2.5 million construction workers in the U.S. work on scaffolds. That’s nearly 70 percent of the construction industry. Scaffolding accidents kill nearly 100 workers and injure nearly 5,000 every year.
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February 27, 2012

Work Accidents in Massachusetts: Target of Extended Enforcement

by Jeffrey S. Glassman

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.

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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January 31, 2012

Topsfield Roofer Fined for Construction Worker Fall Hazards

by Jeffrey S. Glassman

Roofers at a Topsfield, Massachusetts work site were exposed to a number of potential fall hazards, and their employer has been fined by the U.S. Occupational Safety and Health Administration (or OSHA).

A news release detailing the violations was released late last month.

The roofing company, based in Reading, Massachusetts, is facing a penalty of more than $40,000 in fines for the precarious positions in which their employees were placed.

January 1, 2012

Winter Brings Severe Risks for Work Accidents in Boston, OSHA to Help

by Jeffrey S. Glassman

The federal government has launched a new web page to assist businesses in protecting workers from any hazards they may face while responding to and recovering from winter storms. The idea is to keep their operations and work places safer while helping to reduce the risks of work accidents in Boston and elsewhere. The Occupational Safety and Health Administration’s (OSHA) new web page has timely information for workers who are at higher risks of a work accident during severe winter weather conditions.

Our Boston workers compensation attorneys understand that employers have a legal responsibility to provide safe work conditions for all employees. This includes reducing the risks for injuries, eliminating hazards on the work site, properly training employees and providing them with the proper safety equipment. The new web site is just one more way to provide employees with information about recognizing storm-related dangers along with tips to help everyone stay safe while working in these conditions.

Storm-related recovery teams can be in charge of clearing heavy snow from the front of establishments and from roofs. All types of employees can easily be exposed to downed power lines, dangers while traveling on icy and snowy roadways, and troubles attempting to regain power after a severe winter storm.

Dangers that can be associated with employees who work in winter storms:

-Employees can be hit by falling objects. These objects can include utility poles, tree limbs, icicles, etc.

-Employees who are required to drive on the job can be in severe danger for traffic accidents because of slick roads.

-Employees can be exposed to overwhelming amounts of carbon monoxide and risk developing carbon monoxide poisoning.

-With the cold and frigid weather, outside workers run the risks of frostbite, hypothermia and dehydration.

-Employees can sustain injuries from strenuous winter storm-related work activities.

-Employees can easily slip and fall because of slippery walkways.

-Workers can be electrocuted by downed power lines near work sites.

-Storm workers can fall from lifts and ladders while trying to remove snow.

-Roofs can collapse because of the weight of the snow.

To help eliminate injuries caused by the dangers listed above:

-Always act as if power lines are active. Stay clear of them.

-Ensure that all equipment is guarded correctly. Don’t forget to disconnect the power cord from the power source before performing maintenance or cleaning these devices.

-Be careful on roofs and other surfaces that carry a large amount of ice or snow.

-All ladders and lifts should be equipped with the proper fall protection.

-Make sure all employees have bright, reflective clothing in addition to protective body, face and eye wear.

-All work zones should be clearly marked off.
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November 25, 2011

New OSHA Video Series Aims to Reduce Construction Worker Injuries in Massachusetts, Nation

by Jeffrey S. Glassman

A Massachusetts construction company is being investigated by the Occupational Safety and Health Administration (OSHA) for a work-related accident at a work site in Storrs, Connecticut, according to Reminder News. Two construction workers reportedly fell from a scissor lift while working at the site and were seriously injured. OSHA has a six-month statute in which to complete a full investigation but ensures a penalty will be levied if the company is found at fault.

Massachusetts workers’ compensation attorneys understand the dangers that construction workers face daily but find all too often that employers are lacking in areas that can prevent injuries like offering training, personal protective equipment, and preventative safety measures to employees.

It is no secret that the construction industry employs some of the most dangerous job opportunities nationwide. When it comes to work injuries at a Boston construction site, workers are constantly exposed to dangers from fall accidents, hazardous substances, nail gun injuries, electrical accidents and struck-by accidents among many others.

Many construction companies take a lackadaisical approach to worker safety. In fact, we just recently posted on our Massachusetts Workers’ Compensation Lawyers Blog that Twin Pines Construction Inc./Teles Construction Inc. is facing almost $200,000 in civil penalties for alleged fall, scaffolding and electrical hazards at a Portsmouth job site. Workers were required to work almost 60 feet in the air on scaffolding without being provided with fall protection equipment. Sadly, this same company had already been cited for these same violations at different job sites from 2008 to 2010.

The Centers for Disease Control and Prevention reported over 800 fatal occupational injuries to construction workers in 2009. Almost one in five work-related deaths was in the construction industry that year. Sadly, this is roughly the annual death average every year nationwide in the construction industry. This doesn’t include the 137,000 construction workers who are also injured on the job each year.

A new animated video series from the U.S. Department of Labor aims to reduce work injuries and deaths that are occurring so rapidly in the construction industry.

OSHA has put together 12 educational Construction Hazard Prevention Videos for workers and employers associated with the construction industry to view. Most of the videos are two to four minutes long and are offered in both the Spanish and English. The videos animate a real-life work incident related to falls, sprains and strains, struck-by accidents, carbon monoxide exposure and excavation accidents. Each video then offers corrective measures that can be utilized to prevent these types of accidents.

Employers clearly need to start educating or training employees about workplace dangers in the construction industry. Taking care of workers is the first step in getting the job done so safety should always be a priority at any job site.
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November 20, 2011

Nearly $200,000 in Fines for Failing to Prevent Work Accidents in New England

by Jeffrey S. Glassman

According to the Occupational Safety and Health Administration (OSHA), Twin Pines Construction Inc./Teles Construction Inc. has been slapped with nearly $200,000 in fines for the discovery or what safety experts call repeat, other-than-serious and serious violations.

OSHA has determined that this company has repeatedly failed to protect its workers from a work-related accident in Massachusetts and elsewhere in New England. These fines come after the Administration performed a routine safety inspection at one of its Portsmouth work sites. The company, from Everett, Massachusetts, has been accused of alleged electrical, scaffolding and fall hazards.

Our Boston workers compensation attorneys understand that employers have a legal responsibility to protect all workers from injury on the job. There are federal standards a work site must meet to prevent work-related injury. If you’ve been exposed to work-related hazards or have been injured on the job, you’re urged to contact an experienced attorney to help you to fight for you rights. A lawyer can help you to determine who was at fault for your accident and help you to get the compensation you deserve. These can be complex claims and oftentimes require the help of a knowledgeable attorney.

The recent inspection on the Everett company was launched after an employee from OSHA witnessed Twin Pines employees working on the fifth-floor level of a building without the proper fall protection. The company was working construction on that building on Islington Street. Once the inspection was conducted, OSHA concluded that employers neglected to provide any sort of adequate fall protection for those working on scaffolds who were working nearly 60 feet in the air. The company was also cited for using a 6-foot ladder to get to a 10-foot-high surface. Workers also noted to be working among burn and electrical shock hazards.

From 2008 to 2010, the company had already been cited for such hazards at some of its work projects in Rhode Island, Massachusetts and Maine. For this reason, more than $150,000 of the new fines were the result of repeat violations.

“The sizable fines proposed here reflect both the gravity of these hazards and this employer’s significant and continuing history of safety violations,” said Rosemarie Ohar, OSHA area director.

The other $50,000 in fines were the result of eight more serious violations in which the company failed to require employees with eye protection for nail gun use, keeping the work sites free of unnecessary construction debris, failing to cover dangerous holes, neglecting to fix previous scaffolding hazards, failing to properly inspect scaffolds and improperly erected scaffolding.

The last $3,500 in fines was issued for failing to provide illness and injury logs to the Administration. The company was 15 days to either contest the findings or meet with an OSHA director.
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