Articles Posted in Massachusetts Work Accident

As we recently reported on our Massachusetts Workers’ Compensation Lawyers Blog, officials with the Occupational Safety and Health Administration (OSHA) recently held a press teleconference to discuss the 2012 Heat Illness Prevention Campaign.

Well the campaign is now in full swing now and officials are working around the clock to help raise awareness about the risks and the consequences of heat-related injuries in Massachusetts and elsewhere. In correlation with the safety campaign, the Safety Administration recently released a plethora of materials and information to help employers and employees better recognize the risks and dangers associated with working in the warm weather.

Our Boston workers’ compensation attorneys understand that the warm weather is rolling in and so are the risks for heat-related injuries on the job! As a matter of fact, there are thousands who are injured and about 30 who are killed in the U.S. every year because of heat-related accidents. Employees who work outdoors and complete labor-intensive duties are at the highest risks for these kinds of accidents. Workers at the highest risks include farm workers, construction workers, roadside employees, roofers, utility workers, landscapers, baggage handlers and more. Employers and employees are urged to enact procedures to deal with heat-related injuries. Preparedness can help to save lives!

“It is essential for workers and employers to take proactive steps to stay safe in extreme heat, and become aware of symptoms of heat exhaustion before they get worse,” said Dr. David Michaels, with OSHA.

To get ready for the summer season and for the heat, OSHA officials have recently released a new webpage with all of the information workers need to know about heat-related injuries. Workers are urged to review the webpage to learn ways to recognize heat-related injuries, how to prevent these injuries and what to do in the event of one. Materials are available in both Spanish and English.

How to Prevent a Heat-Related Injury on the Job:

-Remember these three words: Water. Rest. Shade.

-Be sure to keep yourself hydrated. Drink plenty of water.

-Take plenty of breaks and stay in the shade.

-Make sure your work site has prevention steps in place and that all employees are fully trained.

-Gradually build up workers’ ability to work in hot conditions.

-Complete heavy, vigorous work in the morning when temperatures are typically lower.

-Ease new workers into the heat. Don’t toss them into a full day of work in the heat during their first day on the job.

-Train all workers about the symptoms of heat-related illnesses as well as what to do if these symptoms are witnessed.

-Have an emergency plan — acting quickly can save lives!
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The Occupational Safety and Health Administration (OSHA) recently fined a company more than $117,000 for failing to take the proper safety precautions to help prevent New England work accidents. The company, Raymond J. Cawley Contracting Inc., was cited for allowing cave-in and other-related dangers on its work site while employees were excavating to replace a sewer line. Employers are required to take all of the mandated safety measures to keep employees safe on the job. In excavation and trenching projects, hazards are plentiful but can easily be contained with the proper knowledge.

Following a recent work site inspection, OSHA officials discovered that two employees were allowed in an 8-foot-deep trench that was improperly sloped or shored to help prevent sidewalls from falling in. In addition, safety and health officials also discovered that materials that had been excavated were placed at the edge of the trench, posing a serious cave-in hazard. Also, the trench didn’t have a sufficiently tall ladder for workers to exit swiftly and safely in the event of an emergency.

Our Boston workers’ compensation attorneys understand that these workers were not provided with the proper safety equipment either. They weren’t given the proper protective helmets, which put them at high risks for being hit by an operating backhoe’s bucket and the material that was falling out of it. Lastly, the company didn’t properly train these workers to be able to identify hazards and it did not have the trench properly inspected by a safety officials. Employers are required to make sure that employees have the proper safety equipment on the job and that they’re properly trained to execute the job safely and efficiently.

Employees who work in trenches and in excavating projects face some serious risks for work-related injuries and even death. Trenches can cave-in in a matter of seconds and can kill employees quickly. With the warmer weather creeping in, contractors are urged to go over their safety programs and procedures with workers to make sure that everyone is properly trained and is better equipped to stay safe on the job. It should also be a top priority to make sure that all trenches are equipped with the proper safeguards. Safety is a team effort and should be a focus of both employers and employees.

Following the OSHA inspection, the company received one willful violation, totaling $70,000, as well as two repeat violations, totaling nearly $18,500. Other various citations, totaling nearly $29,300, were issued for various violations.

Willful Violation:

-Not properly safeguarding a trench.

Repeat Violations:

-Not offering employees with the proper protective equipment.

-Not equipping trenches with the proper safety ladders.

According to national standards, all excavations and trenches that are deeper than 5 feet need to be properly protected against collapses.
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As the warmer months roll in, heat-related work injuries in Boston and elsewhere should be one of the top priorities for employers and employees.

It sure is for the Occupational Safety and Health Administration (OSHA). A press teleconference on May 7th was held to discuss this year’s Heat Illness Prevention Campaign. This campaign is used as a nationwide enforcement effort to raise awareness about the dangers that accompany outdoor work and other high-heat jobs.

Every year, there are thousands of outdoor employees who suffer heat-related injuries on the job. Dozens more are killed under these same circumstances.

Our Boston workers’ compensation attorneys understand that exposure to heat can result in some serious and permanent injuries. Outdoor workers are highly susceptible to these kinds of injuries, including heatstroke, when the proper safety precautions are not taken.

Heat stress-related injuries include heat rashes, heat cramps, heat exhaustion as well as heatstroke. Employees that are likely to encounter hot work conditions include miners, construction workers, farmers, bakery workers, firefighters, factory workers, boiler room workers and more. Employees at greater risks of heat stress include those who are 65-years-old and older, those who are overweight, those who have a heart disease or high blood pressure and those who take medications. To help prevent these kinds of accidents, employers should provide training to employees so that they understand exactly what heat stress is, how it affects their safety and health and how it can be prevented.

From 1979 to 2003, there were more than 8,000 people across the U.S. who died from excessive heat exposure. That’s more fatalities than earthquakes, floods, tornadoes, lightning and hurricanes combined.

Symptoms of heatstroke include:

-Slurred speech
-High body temps
-Chills
-Dry, hot skin or excessive sweating
-Hallucinations
-Severe headache
What to do if you or someone you work with is dealing with a heat-related injury:

-Remember that you may be dealing with a life-threatening emergency. You’re urged to call for immediate medical assistance while you begin cooling the victim.

-Get the person into a shady area.

-Cool them down quickly. Place them in a shower, pour cool water on their body, spray them with a nearby garden hose, sponge them with cool water. If there’s low humidity, wrap the victim in a cool, wet sheet and fan them a lot.

-Keep an eye on their body temp. Continue cooling them down until their body temp drops to 102 degrees or cooler.

-Do not give them fluids to drink.

-Get medical assistance as soon as possible.
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Summer break is right around the corner and our teenage students throughout the state are gearing up to snag a job and to earn some extra cash. What they may be unwittingly gearing up for is a work accident in Boston.

For this reason, we are asking parents to sit down for a second and talk with their teen workers about the risks they could possibly face on the job before they head out in search of a paycheck.

These young workers are inexperienced and may not be aware of their rights as a worker in the U.S. and in the state of Massachusetts. It’s important that we share with them what they’re entitled to and what their responsibilities are as an employee. There are specific child labor laws in the state of Massachusetts, according to the Massachusetts Department of Labor Standards, and these children are to adhere to these age-specific rules.

Our Boston workers’ compensation lawyers understand that teen workers have some of the highest risks for work accidents. Their risks are actually about two times higher than workers over the age of 24. In 2010, there were nearly 18 million employees in the U.S. who were under the age of 24. This age group represented nearly 15 percent of the country’s workforce. These workers are at such high risks for work accidents because they typically hold positions in workplaces where hazards are abundant, like in restaurants. In these places there are slippery floors, sharp utensils and dangerous cooking equipment, according to the Centers for Disease Control and Prevention (CDC).

There were nearly 400 workers under the age of 24 who were killed in work-related accidents in 2009. About 30 of these fatalities were of workers under 18. There were also 800,000 additional work-related injuries among this young age group during that same year.

Parents are asked to review the following child labor laws and share them with their teens, ages 16- and 17-years-old, to make sure that everyone is aware of their rights on the job this summer:

-Can only work from 6:00 a.m. to 10:00 p.m. on school days.

-Can only work from 6:00 a.m. to 11:30 p.m. on non-school days.

-Can work only 48 hours a week.

-Can only work 9 hours a day.

-Can only work 6 days a week.

-Cannot drive a forklift.

-Cannot work in mining, sawmilling or logging.

-Cannot work on a roof.

-Cannot operate power-driven woodworking machines.

-Cannot work more than 30 feet above of underground.

-Cannot serve alcoholic beverages.

-Must be supervised by an adult when working after 8:00 p.m.

-May voice concerns regarding on-the-job hazards.

-May not work as a firefighter or engineer on a boat.

-May not work in railroad operations.
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After a fire-related work accident in New England, a local company faces nearly $150,000 in fines.

The accident happened at New England Wood Pellet LLC, where safety officials allege a number of repeat violations and serious health violations. The fire occurred at the plant back in October of 2011, according to the Occupational Safety and Health Administration (OSHA).

The fire spread its way through a number of conveying systems and on to a pellet cooler and a dust collector. It sparked a number of flash fires as well. Shortly after that, a number of explosions took place in an exhaust muffler and in the dust collector. Those explosions sent a number of fireballs out of the building, which experts believe caused two additional fires in nearby silos.

Our Boston workers’ compensation lawyers understand that the employer was reprimanded for failing to take the appropriate precautions to minimize the risks for accidents. An OSHA investigation determined that these deadly hazards should have been recognized by the employer. Rosemarie Ohar, and OSHA area director, says that the company and the workers are lucky that no one was killed in this accident.

Following an inspection by OSHA, a number of explosion and fire hazards were located and the company was noted for failing to provide protective devices for employees. Inspectors also noticed a number of safety measures missing, including effective explosion protection for dust collection ducts as well as systems to eliminate fires and embers from spreading throughout the facility. They were also cited for using unapproved electrical equipment to vacuum combustible dust.

Because of these observations, the company was faced with roughly $140,000. These citations were repeat violations, meaning that the company was cited for these dangers before within the last five years. OSHA noted these citations the first time back in 2008.

The company was also handed nearly $10,000 for failing to clear a buildup of combustible dust that had gathered on equipment and various surfaces throughout the facility. Experts believe that this mess contributing to the expansion of the 2011 fire. This was a serious violation, meaning that there was substantial probability that a serious, if not fatal, accident would have resulted and the employer should have known about it and should have made the corrections to eliminate it.
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Truck drivers will have to soon undergo more rigorous health exams to be able to keep their commercial trucking licenses. According to Ray LaHood with the U.S. Department of Transportation (USDOT), medical examiners will have to be better trained, certified and tested when conducting physical examinations on truck driving employees.

Under the new final rule, from the Federal Motor Carrier Safety Administration (FMCSA), a national online database will also be created to keep track of the medical professionals who complete this training and certification process. Those who fail to complete the process will be deleted from the system. This new rule is aiming to keep our roadways safe and keep our trucking employees out of a work-related traffic accident in Methuen and elsewhere.

“This new rule will ensure that healthcare professionals conducting exams keep in mind all of the demands required to operate large trucks and passenger buses safely,” said LaHood.

Our Methuen workers’ compensation attorneys understand that truck and bus drivers have some very risky jobs. You may not think that driving a motor vehicle is very dangerous, but when you think about the rigorous work conditions that these workers endure, you’d change your mind. With more requirements from our healthcare professionals, we can help to ensure that these drivers are better taken care of and better monitored.

The database, the National Registry of Certified Medical Examiners, is a part of the FMCSA’s commitment to bettering the oversight of these workers and to help prevent work-related traffic accidents. All of this is to ultimately reduce the number of injuries and fatalities from these accidents. The new database is built off of the National Transportation Safety Board’s (NTSB) recommendations for comprehensive training for medical professionals who are in charge of medical certificates for these drivers.

In a month, the FMCSA will be posting its training and testing standards on its website. During this time, medical examiners, employers, drivers, law enforcement officers and members of the public will be able to review these standards and will be able to sign up for updates on the new rule.

In just a few years, all medical examiners conducting exams on truckers will be required to be listed in the database. Truck and bus drivers will also be required to get an examination at least once every two years from one of these qualified medical examiners. Failing to complete an examination can result in a loss of a commercial driver’s license.

Healthcare professionals who are looking to be a certified examiner can start registering on the Registry later this summer.
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There is a new campaign that is being led by the Occupational Safety and Health Administration (OSHA) and it is being used to help to prevent fatal fall accidents in Milton and elsewhere for those who are involved in the construction industry.

According to Hilda L. Solis, the Secretary for OSHA, the new safety campaign will be providing employees and employers with important life-saving education and informational materials to help to better protect workers who work on roofs, scaffolds, ladders and other high levels.

In 2010, there were over 10,000 workers in the construction industry who died in fall-related work accidents. Nearly 300 additional workers were killed in these kinds of accidents during the year. These numbers are far too high considering the preventative measures available to help curb these incidents.

Our Milton workers’ compensation lawyers understand that these kinds of accidents are completely preventable when the proper safety precautions are met on each and every work site. It’s important to spread the word and to help raise awareness about this problem to help to correct these dangerous work conditions that many workers throughout the U.S. face.

The recent announcement of the new campaign was made at this year’s Action Summit for Worker Safety and Health. The summit was held at a community college in Los Angeles and was one of the many events recognizing Workers’ Memorial Day. The U.S. Department of Labor sponsored this event and it is observed each year on the 28th of April to remember workers across the country who have lost their lives while working on the job. This event is used to raise awareness about these preventable work-related injuries.

Solis says that this is one of the best ways to honor these workers, to make sure that other families across the country don’t have to go through the same pain and heartache of losing a family member in one of these tragic accidents
Fall-related accidents continue to be the most common of all of the work-related accidents among construction workers. These kinds of accidents account for about a third of all construction worker fatalities. The message of this year’s campaign is “safety pays, and falls cost.” Employers and employees are urged to hop on board and make the changes to help make their work sites safer for everyone and to reduce the risks of fall-related accidents.

The new fall prevention program of this campaign was developed by OSHA, the National Occupational Research Agenda program and the National Institute of Occupational Safety and Health. These organizations and programs work together to help provide employees with educational materials, common-sense training as well as equipment strategies to help to halt these kinds of accidents.

“The busy summer months are upon us, and now is the time to ensure that workers and employers understand what is required to prevent falls,” said Dr. David Michaels, with the OSH.
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Distracted driving is becoming a bigger and bigger problem on our roadways with each passing day.

According to a recent article in USA TODAY, attention needs to be shifted off teen drivers and placed a little more on company drivers when discussing the risks of distracted driving. Now, companies are coming around and are starting to focus more on liability issues tied in with the dangerous habit and are looking into developing more policies to curb this behavior for their fleet drivers.

The emphasis is on helping to protect drivers from a work-related car accident in Boston and elsewhere.

Their policies are coming with the authority of a new federal law, too. There’s a new law on the books that makes it illegal for drivers of commercial vehicles to use any kind of handheld cell phone behind the wheel. This law impacts roughly 4 million bus and truck drivers across the country in addition to the tens of millions of other fleet drivers. This law pertains to those who drive a commercial vehicle that weighs more than 10,000 pounds and passes over a state border for business purposes.

Our Boston trucking accident lawyers understand that this law took effect back in January to get commercial truck drivers to hang up the phone behind the wheel! The law, enacted by the Federal Motor Carrier Safety Administration (FMCSA), comes with a near $3,000 fine and the loss of a license if drivers break it. Companies can face fines of more than $10,000.

“The new (federal) law does put the onus on business owners,” says Chris Hayes with Travelers insurance company, which is the country’s largest commercial vehicle insurer.

Right now, there are no states than prohibit all cellphone use for all drivers. Nine states prohibit handheld use and 35 states ban drivers from text messaging.

Don Taylor with the Los Angeles-based Reliance Steel & Aluminum says that liability is a big issue when it comes to work-related driving and cell phone use. His company has nearly 2,000 trucks on the road and they ban all drivers from using communication devices at the wheel. A driver can only use a phone or an electronic device if the vehicle is legally parked. This helps them to reduce the risks of accidents and help to keep drivers and innocent motorists safe.

One of the challenges facing companies with the new ban is not being able to get in touch with workers whenever they’re on the road. Companies are able to overcome the obstacles though. As Hayes says, if you get one driver in an accident because of distracted driving, then you’re losing out on important deliveries and that will cost you money along with the damages you’ve caused because of the accident. Driving without distractions is a win-win for everyone.
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More than $170,000 in fines were recently issued to Bath Iron Works. The company in Maine was cited for a number of serious and repeat violations for neglecting to help to protect workers from an on-the-job accident in New England, according to the Occupational Safety and Health Administration (OSHA).

The recent safety and health inspection comes from OSHA’s Augusta office. The inspection was conducted as a part of the Administration’s Site-Specific Targeting Program and its local program that is currently being used to focus on the dangers that workers face in ship- and boat-building and repair work environments. The safety and health inspection discovered that the company allowed a number of electrical, mechanical and fall dangers, among other dangers.

Our Boston workers’ compensation lawyers understand that workers on this New England work site were not provided the proper fall protection and were working on roof edges that were unguarded. The roofs had openings and various holes posing serious and potentially fatal fall risks to employees. In addition to these fall hazards, the company’s work site was also cited for having various trip and fall dangers, obstructed walkways, under-trained employees, failing to keep flammable chemicals properly stored, exposing electrical sheathing, not inspecting equipment properly, etc.

Because of these safety and health citations, the company was fined nearly $94,000 in repeat violations and another $78,000 in serious violations. The serious violations come indicate there was a high probability that serious injury or even death could have resulted from these specific hazards in which an employer probably knew or should have known about. The other half of the safety and health citations, the repeat violations, are filed by inspectors when a company has already previously been cited for the same or a similar violation within the last five years.

“We’ve focused on this industry because establishments primarily engaged in ship- and boat-building and repair…have higher-than-average injury and illness rates,” said William Coffin, OSHA’s Maine area director.

This recent safety and health inspection was all a part of the Administration’s effort to encourage employees to enact and enforce a sustained, effective, proactive and ongoing safety campaign aimed at workplace dangers and making the changes to eliminate these hazards.

The New England company now has 15 business days from the date of the citations to either comply, meet with an OSHA director or completely appeal the findings.
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