Articles Posted in Massachusetts Work Accident

Our Boston work injury attorneys know that OSHA is responsible for inspecting workplaces, responding to complaints about safety violations and ensuring that workers are protected on the job. Recently, as part of its effort to protect workers, OSHA cited the Nuway Tobacco Co.

Nuway Tobacco Co. was cited for a total of 22 alleged serious violations. The violations occurred at the company’s South Windsor manufacturing facility. Because of the numerous violations and the severity of the violations, Nuway Tobacco is facing proposed fines of $59,869.00.

Nuway Tobacco Violates Safety Rules and Regulations

OSHA identified a number of violations of safe workplace requirements when conducting an inspection of Nuway’s South Windsor manufacturing facility. These violations included:

• Combustible tobacco dust generated from the manufacturing process. Workers were being exposed to this dust. In fact, there was a layer of dust up to one inch thick on a variety of surfaces including light fixtures, ducts, pipes and electrical enclosures. This dust presents a risk of fire and explosion, but workers were not being protected.
• Lack of equipment to prevent the spread of fires and explosions caused by dust. Typically, there should be equipment to remove combustible dust from the air or at least to contain it and stop the spread. Sprinklers and explosion vents are just two examples of equipment that can help, but Nuway had neither. Unfortunately, the processing system at Nuway’s facility allowed for the dust to escape and build up outside of the normal work area.
• An absence of interlock and isolation systems in the processing machinery. These systems need to be in place in order to prevent fires from spreading.
• Missing guardrails. This put workers at risk of falling, which is one of the top causes of workplace injuries.
• Unguarded moving machine parts. Workers could become caught in the machines, potentially suffering crushing and amputation injuries.
• Exposed wiring. This creates a risk of electrocution for workers.
• Inadequate training. Workers without training are more likely to injure themselves or others while performing their jobs.
• An absence of protective equipment. Workers must be provided with appropriate protective equipment for their work environment.

There were a significant number of violations, many of which were considered to be serious violations since they had the potential to result in death or serious physical harm. The number and severity of the violations explains why the fines are so large against Nuway Tobacco Co.

Following OSHA’s citing of Nuway, the company has 15 days to contest the citations and penalties or to comply with OSHA requirements and fix the problems in their factory. Hopefully, now that OSHA has highlighted these problems and the grave dangers that the safety violations cause to workers, Nuway will institute solutions that help to keep their workers safe.

Employers need to follow OSHA guidelines to the letter and need to ensure that they are doing everything possible to maintain a working environment with minimal risks. This is true not just to avoid large fines, but also to protect the workers who keep the company running.
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Roof RocketThe Department of Labor reported that there were 299 deaths caused by workers falling off of roofs from 2003 to 2010. Many of these deaths could have been prevented if proper safety precautions had been taken.

Our Boston work injury attorneys know that employers are required to comply with OSHA rules on fall protection when roofing work is performed. It is important that employers know of the rules for keeping workers safe while roofing, especially as the weather warms up and more people hire professionals to tackle outdoor projects such as putting on a new roof.

Roofing Safety Tips
Employers have the obligation to ensure that their workers are not put into jeopardy when they are doing a job. When the job the worker happens to be doing is up high on a roof, then employers must make absolutely sure that they do everything possible to prevent a devastating or deadly fall.

Federal rules make clear that proper safety precautions should be taken any time construction activities are performed that require a worker to be more than six feet up off the ground. Roofing, of course, is an activity that mandates workers are higher up than this.

As such, the fall protection requirements for roofers include protection through a safety net system; guardrail system or a personal fall arrest system. Employers must comply with OSHA requirements and all federal rules or they risk not only having to pay workers’ compensation claims but also facing OSHA citations and fines.

Workplace Safety Experts.com also outlines some key tips for roofing safety while working on a roof. Their tips include:

• The roofer wearing a safety harness at all times.
• The roofer wearing a hard hat.
• The use of caution tape around a building alerting people to the fact that there are roofers on the roof.
• Ensuring that the ladder rises at least two feet above the rooftop in order to ensure that the ladder is sturdy.
• Carrying tools up to the roof not using your hands but instead using a tool belt for smaller tools and a pulley system for larger ones.
• Checking all safety gear before starting the job. It is important to ensure that it is in good condition and that it is not breaking, broken, frayed, torn or scratched.

Workplace Safety Experts also addresses other safety tips to protect roofers from non-fall injuries that could occur on the roof. For example, workers should point their air knife away from the body when cutting shingles to avoid cutting themselves; should consider wearing knee-pads to protect their knees while on the roof; and should wear work glove to protect their hands from shards from wood and shingles. While fall accidents tend to get the most attention when it comes to roofing accidents, these issues are important to keeping a worker safe as well.
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Truth-Out.org, a 501(C)(3) nonprofit with a progressive focus, recently published an article taking a look at legislation across the states to undermine the rights of workers. The article discussed a so-called war on workplace rights targeted at low-wage workers.

This article was published shortly another story in February of 2013 on EHS Today addressing the plight of low wage workers who get hurt on the job.

Unfortunately, as these and many other recent news stories show, workers are currently struggling and losing the battle to secure reasonable working conditions. In addition to attacks on minimum wage and the right to form unions, these workers also deal with the grim reality every day that their employers prioritize profits over people. Our Boston workplace injury attorneys know that this profit-focused mindset may also result in employers creating an unsafe work environment, putting workers at greater risk of the serious injuries that would cause them such financial harm.

Low Wage Workers Deserve a Safe Work Environment
Low wage workers work in many different industries, but one of the most notorious is the fast food industry. Fast food jobs are known to present many risks, including the dangers of inhaling emissions at the drive-thru window; cutting or burning yourself; or injuring your body through heavy lifting or repetitive movements. Unfortunately, workers in these jobs often have limited incomes, may not make enough to get medical help to take care of themselves, and usually don’t get paid sick leave.

The tough working conditions have, according to MSN, sent some workers into the streets to protest their low wages and to demand a living wage. The workers have expressed that they are “sick and tired of being sick and tired,” and believe that they should be making $15 per hour for the work performed.

While protesting wages may be the immediate focus of the workers, however, the recent EHS Report identified another big problem that these workers face: the losses that they would endure if they get hurt while they work. According to EHS, injuries and illnesses among low-wage workers cost more than $39 billion in 2010, in part because these workers have no paid sick leave and thus lose money when they stay home and miss work to recover from a work-related illness. These workers could struggle to buy groceries and pay rent due to an injury that causes even a day or two of missed work.

This should not be the case. Employers need to ensure that they are not leaving low-wage workers to work in a job that puts them at risk of being hurt. Workers should have the proper training to do their jobs successfully and the work environment should be maintained so as to avoid the risk of injury occurring.

If and when a workplace injury happens, the workers shouldn’t have to fear that they won’t be able to pay their bills but should instead understand that workers’ comp covers their costs. Many lower wage workers may be unaware of their right to make a workers’ compensation claim or may not understand the process and it is imperative that these workers are informed of their rights so a workplace injury doesn’t cripple their fragile economic state.
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In recent years, teenagers have had a tough time finding summer employment while off from school because of a tight job market. According to NBC News, however, this may be less of a problem this summer as economic momentum improves and there are more jobs available. While it is uncertain whether the sequester will have any impact on reducing or limiting hiring, the current news is good for teenagers and more may find themselves hired to do work this summer season.

While the news is good that more teens may find desired employment, our Boston work injury attorneys know that teenagers face some unique risks in the workplace. Teenagers, like all workers, could potentially get hurt on the job. However, due to the nature of the jobs that they take as well as their general inexperience, young workers may be at an especially great risk of suffering a workplace injury.

Teen Worker Safety a Top Priority
NBC News reported that managers responsible for hiring hourly summer workers indicated an intent to add an average of 30 workers over this summer season. This is an increase from the 27 workers that were added over the course of the last summer. This increase in available jobs is good news for 16 to 19 year olds with an unemployment rate of 25.1 percent in February.

However, many of these jobs are in food service and landscaping work, two jobs that have a high risk of injury. In fact, Work Safe Center indicates that around 3 million teenagers do summer work in food service and that around 230,000 of them are hurt on the job each year.

Teen workers in the restaurant business could be at risk of burn injuries; slip and falls or repetitive stress injuries; and theft crimes in the workplace, among other risks. Teens performing landscaping work, on the other hand, do physical jobs often using machines such as lawnmowers or saws. These teens could damage their bodies or hurt themselves as a result of a tool they are using.

It is up to employers to ensure that they are protecting their teenage workers who they bring on this summer. Some tips to help make the workplace safer for younger workers include:

• Understanding child labor laws and age restrictions. There are many jobs that cannot be done by people under a certain age. For example, using certain types of machinery such as meat grinders or slicers may be prohibited for young teen workers.
• Providing proper workplace training. Teens are inexperienced and might not understand how to protect themselves in a work environment. All teenagers should be trained on all aspects of their job including the safety rules for the workplace.
• Ensuring appropriate supervision. A manager or trained staff member should be on duty to ensure that teens aren’t putting themselves into risky or dangerous situations, especially when young workers first take a job.
• Maintaining a safe work environment. Teens desperate for work with such high unemployment rates may be willing to put up with unsafe conditions, especially since most young people don’t know their rights under the worker protection laws. Employers should not take advantage of these teens but instead should ensure the workplace is safe and meets all OSHA requirements.

When a teen is injured at work, especially seriously injured, this can have devastating consequences on the rest of his life. Avoiding such a tragedy should be the top priority for every employer.
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Diesel engines are everywhere — and they’re often hazardous to employees. According to the Occupational Safety and Health Administration (OSHA), these kinds of engines are used to power a number of different kinds of vehicles, heavy machinery and equipment. There are also a number of industries that use these engines, including mining, agriculture, construction, maritime, manufacturing operations and the transportation industry.

The primary hazard is the exhaust that these engines produce. This gas contains a mixture of small particles and gasses that can create serious health hazards when they’re not properly controlled.

Our Boston workers’ compensation lawyers know Diesel Particulate Matter (DPM), which is a component of the exhaust that includes dangerous particles like silicates, sulfates, ash, carbon and metallic abrasion particles, is an increasingly studied risk faced by many employees in varied workplaces throughout the United States. Workers with potential exposure risks to these materials include those in many industries. All workers in the vicinity of these engines and diesel fumes are at serious risks.

What are the short-term health effects of diesel exhaust?

-Headaches
-Eye Irritation
-Dizziness
-Throat Irritation
-Nose Irritation
What are the long-term health effects of diesel exhaust?

-Cardiovascular Disease
-Respiratory Disease
-Lung Cancer
-Cardiopulmonary Disease
So we know about the risks that are associated with exhaust fumes and particles, but what can we do to avoid them?

It’s important that you’re limiting your speeds and using one-way travel routes. This is going to eliminate traffic congestion and close run-ins with exhaust. Make sure that operators are limiting their time idling or lugging engines. It’s also a good idea to limit the total horsepower of the operating engines. This helps to reduce fumes emitted. There should also be areas that are off-limits for diesel engines.

To help to control the exposure to these kinds of fumes, employers should be making sure that they’re performing preventative maintenance on their diesel engines. They should have the proper exhaust filters, should be clean burning engines and should have diesel oxidation catalysts. All of the cab areas in these machines and vehicles should have air filters. Workers should not be exposed to these fumes on the job. Another way to manage the intake of these fumes is to install main or auxiliary ventilation systems. These can be installed as a stack exhaust or a tailpipe exhaust. All of these preventative measures will help to keep your workers alive and well.

Your best bet is to stay away from these engines. Limit your time working near them and make sure you’re getting enough fresh air. It all sounds so simple, but too many workers are spending their work day in close quarters with this machinery — and their health is suffering because of it.
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You might want to be a little more careful if you work in the landscaping industry. Officials with the Occupational Safety and Health Administration (OSHA) just released a new publication to warn workers about the hazards that are involved when using stone-cutting machines. The purpose of this publication is also to help to reduce — and ultimately eliminate — the risk of injury when using these devices.

Our Dedham workers’ compensation attorneys understand that these stone-cutting machines, also known as stone slippers, stone cutters, stone masons and rock cutters, have hydraulically operated rams that are used to cut and split stone products. These machines come as portable or stationary devices. They also come with high risk for cut, laceration and amputation injuries. The Bureau of Labor Statistics (BLS) reports that there were close to 200 injuries reported in 2010 from using shears, which are similar to stone cutters. Of these accidents and injuries, about 50 were punctures, lacerations and cuts. They usually result when these machines and devices are not properly guarded.

Accident Prevention Methods:

-Use guards. These can help reduce the worker’s access to the blades on the machine. This is oftentimes referred to as the “point of operation.”

-Ensure that these guards and their components are installed properly and that they are inspected daily.

-Make sure that all workers operating these devices are provided with the proper training, instruction and information to use them. Uneducated and under-qualified workers run a higher risk of accidents and injuries.

-It’s important to remember that employers and companies are required to provide healthful and safe workplaces for all workers. It’s all listed as a part of the Occupational Safety and Health Act of 1970 (OSH Act).

We’re here with some safety measures that can help to reduce the risks of these kinds of accidents.

Identify risks and hazards before operation:

-Make sure workers are guarding the point of operation. Their body should be no where near this area during operation cycles.

-Check before use. Does the machine have the proper guard?

-Can the guard be easily bypassed or moved?

-Does the guard do its job? Make sure operators cannot get their fingers or hands anywhere near the danger areas.

-Inspect routinely. Are there any changes that could be made to make these devices safer for all employees?

-Are you reading, understanding and operating by the recommendations from the manufacturer?

Each and every year, there are close to 140,000 people who suffer an amputation injury. Men are more likely to suffer this kind of injury — especially those between the ages of 41 and 70.

Don’t let it happen to you. Make sure all dangerous devices are equipped with the proper safe guards on each and every work site.
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Late last month, police in Needham, about a half hour west of Boston, reported numerous power lines were taken down by a tree company that had been working to trim nearby branches.

Our Boston workers’ compensation lawyers know that as spring approaches, this kind of work will be increasingly in demand, and the risks will inevitably be heightened.

Not only does it pose dangers to workers actually doing the trimming, it’s also a concern for utility specialists, nearby construction crews and emergency responders.

In this case, the workers were attempting to trim the overgrown branches of a tree situated near numerous power lines. In the course of this work, cable, phone and electricity lines were downed when a portion of the tree fell onto those wires. The incident resulted in a loss of power for several hours as utility crews worked to repair the damage.

Among the greatest perils for workers who are trimming trees are falling, electrocution, and the risk of being injured by objects or projectile debris or by dangerous equipment. In fact, tree trimming is one of the country’s riskiest occupations. The most recent statistics available from the Bureau of Labor Statistics in 2009 indicate there were nearly 2,100 tree trimming injuries that year.

Unfortunately, the industry is not well-regulated. Independent contractors are hoping to outbid the competition, but they may be doing so by cutting safety corners for their workers.

The U.S. Occupational Safety & Health Administration reports that in general, tree trimmers should be given the following personal protective equipment:

• A hard hat to protect from overhead impact or electrical hazards;
• Respiratory protection, to help filter dust, dried mud, dirt, silt and mold;
• Eye protection with side shields and ear protection too;
• Gloves tailored to the specific needs of the kind of work being done;
• Protective footwear.

Those working with lifts need to ensure that the access is controlled and that the trees are inspected for any structural weaknesses before a person begins the climb or cut. Additionally, safe work procedures should help to limit the risk of inadvertent cutting of safety belts, straps or ropes.

In order to avoid contact with electrical lines, each company should have a qualified line-clearance tree trimmer who can advise on potential hazards in a given location. All electrical power conductors should be treated as if they are energized, and consideration should be given to the fact that wood or other equipment may act as a conductor for that power source.

Those working with chain saws should check the chain tension, handles, bolts and controls to be sure it is all in working order before put to use.

The area should be inspected for downed electrical lines before the work even starts.

If a power line is downed, crews should maintain at least a 10 foot distance from the wires and a barrier should be clearly established until utility crews come to repair the damage.
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Officials with the Department of Public Works (DPW) were recently honored for doing what they were trained to do — and for helping to save the life of one of their fellow workers. According to Metro West Daily News, crews help to save this worker’s life after a power saw accident.

According to Peter Sellers, DPW Director, and Gary Daugherty, Fire Chief, the workers on the site that day did not hesitate to use their safety training and first-aid skills to jump to the worker’s rescue. One of the workers even took off his belt and used it to form a tourniquet to help to stop the victim’s bleeding.

“Just can’t thank these guys enough,” said the victim, who is now on the road to recovery.

Our Boston workers’ compensation attorneys understand that dangers on the job are sometimes unavoidable. Each workplace needs to take the proper safety precautions to help to eliminate any risks, but sometimes accidents happen. That’s when we rely on the assistance of those we work with and the trained attention of a medical professional. On each work site in the U.S., employers are required to make sure that workers are trained and have the necessary knowledge to prevent on-the-job risks, as well as on what to do in the event of an accident.

The workers on site at the time of the accident were working at a pump station. They were working to fix a failed main. Employees were able to stabilize the victim until paramedics and firefighters arrived on the scene. The victim was flown to a Boston hospital for further treatment of his injuries.

Employers should make an effort to obtain estimates of EMS response times for all permanent and temporary locations and for all times of the day and night when workers are on duty. And they should use that information when planning their first-aid program.

Unfortunately, sudden and serious injuries or illnesses, some of which may be life-threatening, can happen at any time at any job site. For this reason, officials with OSHA have created a First Aid standard. This standards works to make sure that there are trained first-aid providers at all workplaces of any size if there is no infirmary, clinic, or hospital in near proximity to the workplace. Even when these resources are located nearby, it’s still an excellent idea to make sure that your worker know what to do in the event of an accident. Someone’s life may rely on it one day. You also want to make sure that each work site is provided with the proper first-aid tools to address accidents and injuries.

If you were injured on the job, you’d want someone with the proper training and knowledge to run to your rescue. This is where the proper training from employers comes in. Make sure you’re getting the knowledge you need to help to keep yourself and your coworkers safe.
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The United States job market, and the job market in Boston, remains decidedly an employer’s market. Wages are largely stagnant, unemployment levels remain high and workers are competing for jobs with some anxiety as the long-term unemployed face the end of their benefits and new graduates continue to flood the job market.

Amid this troubling economic environment, it may become too easy for employers to get complacent and think they do not have to be as mindful of employee safety and well-being. While it is true that employers may not have to offer competitive benefit packages or high wages to fill vacancies, our Boston work accident attorneys urge all employers to remember that they have important obligations to employees.

Employer’s Market Lingers, But Safety Obligations Still Exist
Recently, the Bureau of Labor Statistics announced that the total compensation costs for private industry workers in Boston increased 1.6 percent for the year ending in December of 2012. This is down from a year ago when Boston experienced an annual gain in total compensation costs of 2.5 percent. It is also slightly below the nationwide increase of 1.9 percent in compensation costs.

Regarding wages and salaries, the largest component that accounts for compensation costs, Boston experienced a 1.3 percent increase for the 12-month period ending in December of 2012. This was also below the national average of 1.7 percent.

Workers in Boston, therefore, aren’t doing very well as far as wage increases. On the national level, the increases in compensation costs are also very small and indicate that workers are experiencing ongoing wage stagnation with any compensation increases likely barely keeping pace with inflation.

This data is bad news for workers, but not necessarily for employers who may continue to enjoy the low-cost labor and the vast market of job seekers. Employers don’t have any obligation to raise the wages of workers, of course, outside of an employment contract specifying otherwise and outside of rules requiring compliance with minimum wage and overtime laws. These laws set a low ceiling and employers can avoid increasing their compensation costs as long as the job market remains an employer’s market.

Employers, however, should never assume that they do not have to comply with all safety regulations regardless of how in-demand jobs are. An employer cannot violate OSHA requirements for maintaining a safe workplace, even if employees are willing to work in an unsafe location. Employers also cannot and should not hire untrained workers to perform skilled or dangerous work, even if the workers are willing to do it for a low wage.

There are some corners, in other words, that employers should never cut. Workers do not have to put up with an employer breaking safety rules and if you or someone you know is experiencing an employer’s violations of OSHA or labor laws, then you have legal rights and should take action.

When employers fail their workers by allowing unskilled laborers to do dangerous jobs or by creating a dangerous worksite, employers are responsible for the consequences of their choices. In fact, it is important to remember that employers are always responsible for work injuries through workers’ compensation, and that is not optional. Employers cannot cut your workers’ compensation, and must pay you benefits if you get hurt at work, regardless of the leverage they may have to negotiate other aspects of your employment in this employer’s market.
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You might not think that working in a clothing store could be all that dangerous. That’s not the case for workers at the Forever 21 in Burlington. According to officials with the Occupational Safety and Health Administration (OSHA), the Forever 21 store at the Burlington Mall was slapped with two repeat citations. These citations came with fines totaling nearly $60,000.

The retail chain, based out of Los Angeles, reportedly exposed employees to exit access hazards and struck-by risks. These dangers were discovered.after an inspection last December.

Our Burlington workers’ compensation attorneys understand that stock rooms can get pretty messy. There is no reason to put workers at risk for a potentially serious accident just because you’ve got a lot of inventory. There are ways to properly and safely store everything in the workplace. It just takes a little bit of time, effort and thought to get it done the right way.

According to incident reports, there were piles and piles of stock in the store’s backroom. These boxes were not secured to anything and could have easily fallen or collapsed. In addition to this safety issue, officials observed that the store’s emergency exit route was blocked by a number of boxes as well. If there was a fire, those workers were not getting through and out to safety very quickly.

This isn’t the first time this company was cited for these problems. In 2011, the company received the same violations and warnings for its store in Bridgewater, New Jersey. You get a repeat violation when you’re busted with the same hazard more than one within a five-year period.

“Improper storage of stock and inadequate exit routes can and do put workers at risk of serious and severe injury,” said Jeffrey A. Erskine, area director for OSHA.

Whether you have one or fifty workplaces within your company, you’re required to make sure that each and every one of them is safe for all employees. You want to make sure that there are no dangers dangling above their heads. Whether it’s boxes or steel hanging from a crane, you want to make sure that the workplace is under control, that there are procedures in place to help to prevent these types of accidents and that employees are provided with the proper safety equipment and training to complete their duties.

In 2011, there were more than 470 U.S. workers who were killed in struck-by-falling-object accidents in the U.S. According to the U.S. Bureau of Labor Statistics, these kinds of accidents accounted for roughly 10 percent of all workplace fatalities.

If you feel like you’re in danger on the job for any of these kinds of accidents, you’re asked to speak up. You have a legal right to be concerned and proactive with your safety. Speak with a manager, a supervisor or an owner if you feel there are any risks for stuck-by accidents at your place of work.
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