Articles Posted in Massachusetts Work Accident

The general contractor and nine subcontractors of the Merrimack Premium Outlets were recently cited and slapped with nearly $174,000 in proposed fines. Safety officials with the Occupational Safety and Health Administration (OSHA) inspected the New England work site and found that there were a number of violations of workplace safety standards.
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“Our inspection found workers exposed to a variety of common but avoidable hazards associated with construction work, notably falls and electric shocks,” said Rosemarie Ohar, OSHA’s area director.

Our Boston workers’ compensation attorneys understand that hazards on construction sites can be dangerous and potentially deadly. Many of these hazards can disable or kill a worker in a matter of seconds. Employers are required to make sure that all equipment is proper safe guarded at all times and that the proper preventative measures are taken to protect all employees. Jobs should be inspected before they even begin to make sure that all of the protective equipment is provided for workers.

The general contractor in this case was fined with more than $25,000 in fines for a number of serious violations. The company was observed exposing workers to falls of up to 20 feet. It was also cited for having an ungrounded power generator, for not properly securing or marking hole covers on the roof, for failing to make sure that there were enough fire extinguishers on the job and for not completing the proper safety inspections before work began.

The subcontractors were cited for a slew of violations, including:

-Exposing workers to falls.

-Not providing workers with the proper fall protection training.

-Not make sure that workers were properly disposing flammable substances.

-Failing to properly safeguard machinery.

-Failing to secure safe ladders on the work site.

-Improperly modifying trucks used to hoist up employees.

-Failing to provide workers with the proper fall protection.

-Failing to keep safety lanyards in good-working order.

-Misusing electrical equipment.

-Failing to properly label chemical containers.

In 2010, there were more than 4,500 people injured on the job in the U.S., according to the Bureau of Labor Statistics (BLS). Construction accidents accounted for more fatal work injuries than any other industry in 2010. For this reason, it’s imperative that employers thoroughly examine each work site before, during and after the job to make sure that all hazards are eliminated, that workers are properly trained and protected and that everything is running smoothly. When companies try to cut corners, employees are affected. Safety should be a number one concern of companies, supervisors and employees.

If you observe a hazard on the work site, you’re urged to speak up and alert a supervisor. You have a right as a worker in the United States to a safe work area. It’s federal law. Your concern and attention could help to prevent a serious, if not fatal, work accident.
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As our Boston workers’ compensation attorneys were recently discussing, there are a lot of risks for injury on the job, some that you may never consider. We’re talking about workplace violence, theft, sexual harassment and other workplace threats.
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There are even risks if you work from home. Just as you would want any other workplace, you want your home to be safe and secure, too. It’s a good idea to hang window treatments that obstruct the view into your office.

If you’re on the job, you want to make sure that you’re familiar with your insurance policy. Most policies will require an extra rider to cover a home office. Whether you are covered as an employee under an employer’s workers’ compensation policy will depend on your classification. Typically independent contracts do not quality. Ergonomics and other concerns are very much the same — whether you are working from home or reporting to an office complex every day.

It’s also important to make sure that you equipment is marked with identification numbers. Keep an inventory of the devices in your home office. Photos are a good idea too. Keep the identification numbers, photos and other important receipts in a safe in your home or in a safety-deposit box. Keep backups of your work and your programs, too. Don’t keep the copies at your desk, store them in a separate area.

We all get mail, too. It’s important to be safe! You want to make sure that you follow the same caution with pickups and deliveries, too. If someone is delivering to your home, check their ID before opening the door. Don’t let the delivery person in your home either! It’s not a bad idea to look into an alarm system. Some can be purchased for just $100, plus a monthly monitoring fee.

If you have to meet with a client that you’ve never met before, it’s a good idea to meet at a public place. This is important for business owners, employees, work-from-homes, etc.

Regardless of where you work, you want to always make sure that there is a phone readily available to call authorities if danger presents itself.

If you’re a business owner, it’s important that you follow all of these safety tips, that you have a plan in place to protect workers from dangers and that you take the proper security precautions to protect property, too. Assess the company’s vulnerability to crime, from embezzlement to burglary. Be sure to follow basic crime prevention principles, and work with local law enforcement to protect your company.

All of these tips are compliments of the National Crime Prevention Council, a private, nonprofit tax-except organization whose primary mission is to enable people to create safer and more caring communities by addressing the causes of crime and violence and reducing the opportunities for crime to occur.

“Collaboration in this effort is critical on all levels,” said John A. Calhoun, President and CEO of the National Crime Prevention Council.
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A lot of us spend a good part of our day at work. This means that it’s just as important to practice crime prevention in the workplace just as we would at our home or in our neighborhood.

Regardless of where you work, whether it’s at an auto shop, a store, a restaurant, a corporate headquarters, a person’s home or anywhere else, there’s a simple and common sense ways to make the workplace safer for all.
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The owner or supervisor of your workplace is obligated to make workplace safety and violence prevention a priority. They need to be on the lookout for fraud, shoplifting, vandalism and potential violent conflicts.

They also have to make sure that employees are safe from those not allowed on the property and customers who may be “upset.” Employers have to be careful when hiring a new employee, making sure to get a background check and various references, according to the National Crime Prevention Council. Every single company, regardless of size and industry, should have an emergency plan in place.

Our Quincy workers’ compensation lawyers understand that violence doesn’t make news until it makes news in a big way — such as a workplace shooting with multiple fatalities. However, employees can also be victimized by other crimes, like theft or sexual assault. It’s important to make sure that all employers understand what’s going on in the workplace and that the proper steps are being taken to help to minimize the risks of workplace violence.

There are simple things that you can do at work to help to minimize your risks of any kind of assault, violence, theft or other work incident. A good start is to make sure that you keep your purse, your keys, your wallet and all other valuables with you or locked in a safe place at all times.

It’s important for employers to make sure that they know who is on their property at all times. Non-employees should be checked in at an office or with a manager. If you see someone you don’t know or someone who makes you uncomfortable, talk to management or security immediately.

Be cautious when coming in early or staying late. You never want to wander the premise alone. Always practice the buddy system. If you don’t have a “buddy” ask a security guard to escort you to your car or to your bus stop.

Lighting is an important safety issue, too! If you notice any lights that are flickering or that aren’t working or any broken windows or doors, report them immediately.

You should also report any signs of violence that you may witness at work. This includes any acts of sexual harassment.

Does your workplace have an emergency play? It should and you should know it! If your workplace doesn’t have such a plan, volunteer to help create one. This emergency plan should include a first-aid kit and evacuation readiness. It’s not a bad idea to keep your own emergency supplies near your work area, too.
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A warehouse at the Charlton Woolen Mill was completely destroyed after a recent five-alarm fire. The warehouse is part of a mill complex in Charlton. The fire has been ruled as an accident, according to the Boston Globe.
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The fire started in one of the five businesses that rent garage space in that building. It was reportedly caused by a work lamp that was left in one of the garages. Officials have not been able to figure out if it was just placed too close to specific combustibles or if the lamp somehow malfunctioned. Firefighters from 20 towns came to the scene to help to put out the blaze. It took response teams about two hours to get it under control. Six firefighters were injured.

Our Charlton workers’ compensation lawyers understand that fires and explosions are a serious threat to virtually all workplaces and all industries. These kinds of accidents can start from something as simple as a lamp, like the one at the Charlton Woolen Mill did. It’s critical for employers to have proper evacuation plans, to make sure that fire exits aren’t blocked, to work to prevent these kinds of accidents and to make sure that employees know how to react to one of these emergencies.

According to the Bureau of Labor Statistics (BLS), the number of explosion-related work fatalities increased significantly from 2009 to 2010, going from only 115 to nearly 200. There was also an increase in the number of work fatalities resulting from fires, going from about 55 to about 110.

Fires and explosions actually account for about 5 percent of workplace deaths. Many of these accidents and these fatalities can be avoided. There are simple safety precautions that employers should take to help to stop these kinds of accidents before they happen. Some of the best ways to head them off is by following specific standards for record-keeping, gear certification and various preventative measures.

Employers should make sure that all employees are properly trained to deal with fire hazards and on what to do in the event of an emergency. Make sure you have a fire evacuation plan and that everyone knows how to escape. If you expect your employees to use any kind of firefighting equipment, make sure they’re trained properly on how to do so.

Each workplace is to have suitably located emergency exits so that everyone can get out quickly. These exits are never to be blocked or locked when workers are inside and they must also be marked with the proper signs.

How to develop and emergency action plan:

-Make sure employees know evacuation routes and other procedures to follow.

-Count all employees once evacuation is complete.

-Remain available for employee review.

-Address evacuation procedures for disabled workers.

-Address evacuation plans for workers who are in charge of staying behind and shutting down critical plant equipment.

-Determine the best way to alert employees of a fire emergency.

-Make sure that the employee alarm system can be heard throughout the entire workplace.
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Employers throughout the country took more than 1,300 mass layoff actions in June. These mass layoffs involved nearly 131,500 employees, according to the Bureau of Labor Statistics (BLS).
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The unemployment rate was just over 8 percent for the month of June. This was unchanged from the previous month.

Our Braintree workers’ compensation lawyers understand that there were about 27 states that recorded unemployment rate increases. Only 11 reported decreases and another 12 reported no change at all.

In the state of Massachusetts, the unemployment rate sits at about 6 percent, which remains pretty much in the middle of all the other states. We were able to bring the unemployment rate down from 7.6 to a 6.0 in just a year. Still, there are far too many people out of work. With such a high unemployment rate and such a tough economy, workers may be leery of coming forward to bring up work concerns, such as work dangers, safety concerns as well as reports of accidents or injuries.

Many times, employees like to remain under the radar and avoid “stirring the pot,” believing that their job is safer and more secure that way. Regardless of the current economy or job rates, workers are urged to speak up about any work-related dangers or concerns. As a U.S. employee, you have a right to a safe workplace.

From June of 2011 to June of 2012, nearly 40,000 people gained employment in the state of Massachusetts.

You have the right to our state’s minimum wage, which is currently $8.00 per hour. You’re also protected from any form of unnecessary retaliation from an employer, according to the Attorney General, Martha Coakley.

An employer is prohibited from retaliating, discharging, discriminating or punishing an employee in any way as a result of any action taken to seek his or her rights under the wages and hours provisions. This includes assisting the Attorney General in any kind of investigation. An employer is also prohibited from taking any adverse action against an employee who has made a complaint to the Attorney General’s Office, or to any other person, about his or her rights. You have a right to speak up and you’re urged to do just that if you feel threatened on the job.

With the economy not looking so bright and the unemployment rates stubbornly high, employees must be assertive when it comes to work-safety issues. Knowing what you’re entitled to as an American worker may be one of the best ways to help to eliminate your risks of an accident or from being treated in an unfair manner. If you feel like you’re being treated unfairly, or you feel like you’re being retaliated against by an employer, you’re urged to contact an experienced attorney to help you to fight for your rights.
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According to new studies, the average baby boomer who was born during the latter years of the boom, 1957 through 1964, had 11.3 jobs from when they were 18-years-old until they were 46-years-old. According to the Bureau of Labor Statistics (BLS), about half of these jobs were held between the ages of 18- and 24-years-old.
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These findings are all a result of the National Longitudinal Survey of Youth 1979. This was a survey of nearly 10,000 individuals who were interviewed first when they were between the ages of 14- and 22-years-old back in 1979 and then interviewed agian between 2010 and 2011 when they were between 45- and 53-years-old. All of the respondents were born between 1957 and 1964, which is considered to be the latter years of the baby boom.

Our Boston workers’ compensation attorneys understand that this survey comes jam packed with more than 30 years of info on these individuals’ employment history. Information includes their income, training, education, experience, health, assets and other characteristics. What was common among all of these individuals and all of their work histories were the risks for work accidents. Each and every job position came accompanied with some sort of risk for an accident.

As the years progressed, safety measures advanced and these risks were reduced, but never fully eliminated, in any industry.

Study Findings:

-Men without a high school diploma held an average of 13.1 jobs while men with at least a bachelor’s degree held about 11.4 jobs. Both figures are for men between the ages of 18- and 46-years-old.

-The amount of time that an employee spent at a job increased as they aged.

-Men held an average of 11.5 jobs while women held an average of 11.1 jobs during this time.

-Between the ages of 18- and 24-years-old, whites held more jobs than Hispanics or blacks. As age increased, the gap decreased. From ages 25- to 46-year-old, there was really no difference in the average number of job positions that were held across ethnic and racial groups.

-The length of time that a worker stayed with an employer increased as the individual aged.

-Individuals were employed during nearly 80 percent of the time between the ages of 18-and 46-years-old.

-Individuals with a bachelor’s degree stayed at a single job a substantial amount of time longer than those without.

Each year, there are more than 4 million people who are injured on the job in the U.S. This means that there’s an average of 4.4 cases per 100 workers. About half of all of these injuries require time off of work and require medical assistance. In the country, about 170 people die from occupational diseases each day and another 20 die from on-the-job injuries. This means that about 1,000 people are killed because of work each and every year. These accidents, injuries, illnesses and fatalities cost the country more than $155 billion every year!
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Workers can be found all over the city, helping to make some of the much-needed repairs to many of our structures. Many of these workers are completing jobs atop some of the tallest buildings in the city and are also at some of the highest risks for work accidents in Boston while working at height in the construction industry.
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Just in time for the summer, officials with the Occupational Safety and Health Administration (OSHA) are making a renewed push to help to reduce the risks of fall injuries. This effort is through the Administration’s Plan. Provide. Train. website.

Unfortunately, falls continue to be the number one cause of death among those in the construction industry. There were more than 260 workers in the construction industry killed in fall accidents in 2010. More of these were falls to a lower level. This is out of the less than 800 fatal fall accidents among all U.S. workers. Many of these accidents, injuries and fatalities could have been prevented if employers were to provide workers with better, safer and more effective fall protection systems.

So what is Plan. Provide. Train. all about?

-PLAN: When workers are required to work from heights, such as roofs, scaffolds and ladders, employers are required to plan projects in way so that they can be completed in a safe manner. First they must decide how it’s going to be done, what needs to be done and what kind of safety equipment is necessary to do it. When employers are calculating the costs of a job, they should also include the costs of this safety equipment as well. Personal fall arrest systems (PFAS) are some of the most effective measures in the construction industry.

-PROVIDE: Employees who are required to work at least six feet above a lower level are at serious risks for injury or even death if they happen to fall. To help to keep these employees safe, employers are required to provide them with the proper fall protection and the proper equipment for the job, including the right kind of scaffolds, ladders and safety gear. There are different sizes of each of these that can be used to different jobs. Harnesses, anchors and other PFASs need to be provided for each and every worker who performs duties 6 feet above the ground of higher. This equipment should be inspected regularly.

-TRAIN: Fall accidents can be prevented when employees understand which equipment to use for specific jobs and how to use this equipment properly. All workers should be provided with the proper training on not only the job they’ll be completing, but on the equipment that is used to get it done and on the safety equipment they’ll be using to help to reduce the risks of accidents. OSHA has provided informational materials and resources for employers regarding training tools.
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It’s that time of year again. It’s the summer season and that means that road construction crews are hitting our streets trying to make the necessary changes and fixes to our roadways before the snowy weather moves in. According to the Massachusetts Department of Transportation (MassDOT), there are dozens of projects that are going on at any given moment around the state. During this time of the year, car accidents and work accidents in Boston and elsewhere are likely, especially when traveling through our state’s roadwork construction zones.
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According to the Federal Highway Administration, there were nearly 700 fatal accidents in maintenance and construction work zones in 2009. These accidents are likely to happen in the middle of the day, too. About 70 percent of road construction site fatalities between 2003 and 2007 happened between the hours of 8:00 a.m. and 4:59 p.m.

Officials with the State of Massachusetts offer drivers with some safety tips to help them to get through these work zones without the headache of an accident.

Work Zone Safety for Motorists:

-Slow down and move over. In the state of Massachusetts, the Move Over Law took place back in March of 2009. This law requires all drivers to move to the next adjacent lane when approaching a stationary maintenance or emergency vehicle that has its flashing lights activated. Drivers who fail to do so run the risk of getting a citation of up to $100.

-You should always expect the unexpected in these areas. Speed limits may be changing, lanes of traffic may be changed, workers can be along the road and pedestrians may be instructed to walk on different paths.

-Slow it down. Speed is one of the top causes of work zone car accidents. If you speed in these areas, you run the risks of a traffic ticket in double the fine.

-Be on the lookout for roadside workers when driving through construction areas.

-Try to avoid these areas completely if you can.

-Always obey flaggers instruction. They are there to help traffic to flow smoothly and safely through the area.

-Never tailgate another vehicle in these areas. You always want to make sure that you’re keeping a safe distance between you and the vehicle in front of you. The number one type of traffic accident in these areas are rear-end collisions.

-Keep a lookout for signs in these areas. Warning signs are posted in work zones to help you and to help other driver to move safely through work zones.

-When heading through a work zone you should expect delays. You want to allow yourself with extra traveling time when you know you have to pass through one of these areas. You can call 511 from your mobile phone to get the most recent traffic conditions.

-Keep a good distance from the actual work zone. You want to avoid construction vehicles and workers.

-Report any road hazards that you encounter by calling 511.
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There’s a new agreement in effect and it’s working to help to build on the Federal Railroad Safety Act’s whistleblower provision. The agreement was recently signed by those with the Federal Railroad Administration (FRA) as well as officials with the Occupational Safety and Health Administration (OSHA).

The agreement is going to help to better protect railroad workers from any kind of retaliation from employers when they choose to report a safety or a health violation. Reducing the risk of railroad accident in New England and elsewhere is the goal.
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Currently, the rail safety regulations are created and enforced by not only officials with the FRA, but also with rail labor organizations and rail stakeholders. The FRA continuously works to make sure that this industry is safe for all workers by conducting a number of inspections, enforcements and education programs. Right now, and because of these provisions many believe, railroads are some of the safest modes of transportation for freight and for passengers. While the FRA is able to address issues of rail safety, it doesn’t have the same authority to address whistleblower incidents.

Workers in all industries in the U.S. have the right to report workplace accidents, dangers and injuries without any fear of being retaliated against. By reporting these incidents, companies can help to keep the workplace safe for everyone. This system doesn’t work when a worker fears retaliation.

“OSHA welcomes the opportunity to work with the FRA to protect these rights and make our nation’s railroads a safer place to work,” said Dr. David Michaels with OSH.

According to recent statistics, the number of whistleblower complaints within the railroad industry has been on the rise in recent years. Stats conclude that there were nearly 1,000 of these complaints filed from 2007 and 2012. Nearly 65 percent of these complaints reportedly involved an allegation in which an employee suffered from retaliation from an employer because they reported an at-work injury.

Under the new memorandum, the FRA will be able to follow the OSHA whistleblower procedures. OSHA will be providing FRA officials with copies of the complaints that it receives under the FRSA’s whistleblower provision. It will also be providing them with any preliminary orders and findings. Together, both OSHA and FRA officials will be trained in enforcing, recognizing and dealing with incidents of retaliation and other related issues.

Through this agreement, officials from both parties feel that they can work to help to make workplaces safer for everyone within the industry.

In the state of Massachusetts and throughout the rest of the United States, you have a right to speak up about dangers that your witness on the job. You’re urged to do so to help to reduce the risks of any future accidents. Retaliation shouldn’t be a fear under these circumstances. If you feel like you’re being treated unfairly after reporting a hazard or an accident, contact an experienced attorney to help to protect your rights.
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Eat. Sleep. Work. It seems like that’s all any of us have time to do anymore. What most employers and employees don’t realize is the importance of sleep. It’s one of the best preventative measures that one can take to help to avoid a potentially fatal work accident. The need for sleep is biologically similar to the need to eat and drink, and it is critical for maintaining your health and for working safely, according to the Centers for Disease Control and Prevention (CDC). Workers should be sleeping between 7 and 8 hours each night, or between shifts. This amount of time has been linked not only better health, but also a number of better safety outcomes.
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Officials with NIOSH have been working diligently with researchers to protect workers’, workers’ families, supervisors, employers and others in the community from the dangers that are linked to long work hour and long shift work. All signs are pointing the same way; for safer work conditions, we need more sleep.

Our Boston workers’ compensation attorneys understand that there is a growing number of employed residents who just aren’t getting enough time to sleep at night. These workers are subsequently at a higher risk for work accidents. As a matter of fact, this number increased from about 25 percent in the 80s to about 30 percent in the 2000s. These numbers constitute workers who say that they’re getting less than 6 hours of sleep each night. Six hours just isn’t enough, according to sleep experts.

Workers’ risks with long work hours and long shift work:

-Sleep deprivation.

-Not enough time to recover from work.

-A decline in both physical and mental function.

-Emotional fatigue.

-An increased risk of getting sick or getting injured.

-Insomnia is more likely.

-A lack of sleep can put a strain on relationships.

-A higher risk of long-term health effects.

Risks of employers, with sleepy workers:

-Workers are not as productive.

-Errors in work are more likely.

-Employees are less likely to show up to work.

How can employers address this issue?:

-Try to schedule workers with at least 10 consecutive hours away from work.

-Be sure to provide plenty of rest breaks.

-Consider having workers present for only five 8-hour shifts or for four 10-hour shifts a week.

-Examine work load when making schedule. Lighter work loads should be saved for longer days.

-Make sure employees have a “weekend.”

-Make sure that all workers are provided with the proper training.

The bottom line is that sleep and rest is a little more important than we might all think. Make sure that your employer is offering you with an adequate amount of time to sleep between shifts and more importantly, make sure that you’re taking advantage of that time and are using it wisely.
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