Massachusetts Work Accident

March 13, 2012

MassCOSH Members Fighting Work Accidents in Quincy and Elsewhere

Not every job requires working alongside other employees. In some job positions, you have the responsibility to execute a job while working alone. While some may find these jobs to be relaxing and less stressful, others recognize the dangers. If you’re injured or find yourself in trouble when you’re working alone, who’s there to help? Luckily, there’s a program that’s here to help!

You may remember Stephanie Moulton, a brilliant 25-year-old social worker who was alone on the job when she was attacked. She had to no one there to offer help and she had no one to call for help. That’s why MassCOSH, SEIU and the family of Miss Moulton worked together to create legislation that would help tighten the protections for social service workers. Under Stephanie’s Law, S2006, specific workers who are alone on the job are to be provided mobile-alert devices to call for help in the event of an emergency. By offering these individuals quick access to help, officials are helping to reduce the risks of work-related accidents in Boston and elsewhere.

Our Massachusetts work accident lawyers understand that MassCOSH is recruiting support for this year’s program. The organization is asking you to join. With more members, Stephanie’s Law can become a larger reality and can help to save lives. That’s not all. MassCOSH is also working toward improving work conditions for all kinds of workers, not just those who work alone.

MassCOSH Memberships Helping To:

-Stop employers who hire temporary employees and offer only low-wage compensation. For this, MassCOSH is working on passing the Employment Agency Reform Bill (HB1393).

-Assist young workers of Massachusetts Through Teens Lead @ Work. This program focuses on our young labor leaders.

-Fight against employees who see the safety and health standards as an inconvenience and as a nuisance. The sad truth is that many employers see these federal safety standards as an obstacle that’s killing their profits and a practice that’s not effective in helping to prevent work-related accidents.

Members of MassCOSH:

-Help the victims of work accidents and the victims’ families. These individuals are not alone. MassCOSH offers a community of individuals who have also been affected by work accidents and have seen a loved one head off to work — and never come home.

-Help to increase the persuasiveness of the group. More members mean more support and more consideration from government. Members recently helped to pass the ban on flammable floor sealers, the same dangerous sealers that recently killed four workers.

Memberships start at just $30. If you donate more than $75 you will get a free MassCOSH shirt. Email Membership Coordinator Jeff Newton for more information.

MassCOSH members continue to fight for the rights of employees and fight to bring safety and health standards into the 21st century.
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March 9, 2012

New Alliance to Help Minimize Chemical-Related Work Injuries in Boston and Elsewhere

by Jeffrey S. Glassman

Nearly 410 people were killed because of harmful chemicals in work-related accidents in Boston and elsewhere in 2010, according to preliminary statistics from the U.S. Bureau of Labor Statistics (BLS). One of the Occupational Safety and Health Administration‘s (OSHA) top priorities is helping to reduce the risks of these types of accidents. Recently, OSHA teamed up with the Society for Chemical Hazard Communication (SCHC) to do just that through its new Alliance Program.

The recent partnership is being used to raise awareness and address hazard communication through the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Our Boston workers’ compensation lawyers understand that about 32 million workers are exposed to nearly 700,000 dangerous chemicals in the country every year. The two-year partnership between OSHA and SCHC will be working to share information regarding the Regulatory Agenda, the National Emphasis Program from OSHA and ways to get the public to join in on the rule-making process.

“Our continued Alliance…will help ensure that workers are aware of the chemical hazards to which they may be exposed, and help reduce…illnesses and injuries,” said David Michaels with OHSA.

The two administrations will soon be creating information sheets to help inform employers and employees about the dangers associated with chemicals. These chemicals can result in both health and physical harm. These sheets will also provide information regarding how to make a GHS label compliant. Through webinars, industry meetings and conferences, OSHA and the SCHC will be working to help teach workers and employers throughout the country about the best practices to help keep workers safe from on-the-job hazards with chemicals.

Right now, SCHC represents about 500 chemical hazard communication professionals who promote awareness regarding these dangers and new ways to prevent injury or illness from them.

Included in the parties that the alliance works with are trade or professional organizations, unions, community and faith-based organizations, educational institutions, businesses and consulates.

To help ensure chemical safety on the job, info must be available regarding the hazards and identities of the chemicals. OSHA’s Hazard Communication Standard (HCS) requires the development and dissemination of such information:

-Those who manufacture and import chemicals are required to evaluate the hazards of the chemicals they import or produce.

-Make sure that the products are properly labeled and that they are accompanied with material safety data sheets (MSDS) to report the hazard information to future customers and handlers.

-Employers who deal with hazardous chemicals in any of their work places are required to have MSDSs and labels for workers dealing with the products. Employees must also be trained appropriately to work with these chemicals.
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March 5, 2012

Boston Recruits Teens, But Risks for Work-Related Accidents Could Increase

by Jeffrey S. Glassman

As we recently reported on our Massachusetts Workers Compensation Lawyers Blog, there were nearly 18 million young employees in the U.S. in 2010. These millions represent the young workers under the age of 24 in the country. With the summer quickly approaching, teens will be hitting the workforce looking for a gig to pick up some extra cash while they’re away from school. What they’re probably not thinking about are their risks for a work-related accident in Boston. Teens have the highest rate for on-the-job injuries than any other age group of workers.

Each year, there are more than 200,000 teenagers who are injured at work. About 70 die every year from these same accidents. In Massachusetts, more than 900 teens visit emergency rooms for work-related injuries every year. Our state sees an average of one young worker fatality every year as well, according to the Commonwealth of Massachusetts, Office of Attorney General.

Our Boston workers compensation attorneys remind all teen workers and their parents about youth employment laws. These laws are in place to help protect young workers from on-the-job dangers. They are also required to follow limits on how many hours they’re allowed to work. The Massachusetts Youth Employment Laws can be found in the Massachusetts General Laws. Within these laws, employers are required to maintain a safe work environment for all workers. As a teen worker, you have both rights and responsibilities to uphold.

Recently, Mayor Thomas Menino sent out a big “thank you” to all of the local companies that opened their doors to teens for the summer. A number of companies around Boston welcome teen workers while they’re away from school and he encourages more to do the same.

“No other city has a summer jobs program like ours. And no other city has a business community like ours. This is why Boston offers the most summer jobs per capita of any major city in America,” said the mayor.

The city also recently unveiled a new website, bostonsummerjobs.org, to help teens get a jump start on their summer job search.

Mayor Menino says that this website will be the centerpiece of the 2012 summer jobs program. Businesses are welcome to join, hire teens through the site, view user testimonials and learn more about the program.

For a teen worker, an employer must:

-Provide a safe and healthy workplace.

-Provide adequate training, including information regarding harmful chemicals that may be used in the workplace.

-Pay for medical care if you get sick or you get hurt because of your job. In many of these cases, you’re also entitled to lost wages.

-Pay you minimum wage, which in the state of Massachusetts is $8 per hour.

-Pay you for all of the hours you worked.

-Pay you 1.5 times your regular pay for each hour that you work over 40 hours in a week.

As a teen worker, you have a right to:

-Voice concerns regarding your health and safety on the job.

-File a complaint with OSHA about safety and health problems.

-Refuse to work if the job you’re requested to do is dangerous to your health or your life.

-Work without sexual or racial harassment.

-Organize or join a union.

-Keep the tips you receive, either directly or through a valid tip-pool with co-workers.
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March 1, 2012

Work-Related Accidents in Boston and Elsewhere Likely with Lousy Records

by Jeffrey S. Glassman

Excel Inc. was recently issued nearly $250,000 in proposed fines for violating federal laws regarding the protection of employees. The Occupational Safety and Health Administration (OSHA) is continuing its effort to keep workers across the nation safe. The recent violations were issued to the company’s Eastern Distribution Center III, a work site owned by Hershey Co. In correlation with these citations, SHS Staffing Solutions has been issued a $5,000 fine for staffing issues. Allegedly, OSHA inspected the work site after receiving a complaint from the National Guestworker Alliance. The complaint voiced concerns regarding abuses of the J-1 visa program and that workers were forced to work within unsafe work conditions and were exploited.

It’s important in all states of all industries to make sure that resident workers as well we visa workers are provided with safe work conditions and are protected from known dangers. This includes helping to protect those employees from work-related accidents in Boston as well. The Hershey work site allegedly hired foreign students to work handling the company’s candies. The company employs more than 40,000 workers and has more than 500 work sites across the country. It has been cited for failing to keep records regarding work-related injuries and illnesses for these workers. Both the staffing company and Excel Inc. were cited for mistreating and for failing to protect foreign workers. These workers were all employed with the proper work visas.

Our Massachusetts workers’ compensation lawyers understand that the company was given six violations for not properly recording work-related injuries and illnesses. More specifically, they were fined for neglecting to report these incidents for four years. It was also fined for failing to keep these records accurate and for implementing an effective hearing conservation program. Keeping accurate records is one of the best ways that employers can help to prevent future work-related accidents. With proper records, one can determine likely dangers and ways to prevent them.

“Nothing useful can be learned from an unrecorded injury,” said Secretary Dr. David Michaels, an assistant with OSHA.

Michaels goes on to say that accurate reports and recording systems help to provide important information to employees and employers about what causes work-related accidents as well as useful information regarding ways to help prevent these accidents.

According to federal law, employers are required to keep this kind of information, regardless of industry. It is also required of employers to keep accurate and complete records because, without them, it would be tougher to prevent even more accidents and injuries from happening.

The staffing company was cited for not properly training its employees with the lockout/tagout of energy sources.

To make matters even worse for these companies, the Labor Department’s Wage and Hour Division of the Fair Labor Standards Act is looking into the work performed by the sponsored students. Allegedly, documents regarding these workers were deliberately kept hidden investigators.
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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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February 20, 2012

No Boston Work Accidents in 25 Years: Top Honors for 21 UPS Drivers

by Jeffrey S. Glassman

Recently, UPS announced that 21 of its drivers from the state of Massachusetts are now among the 1,235 being inducted into the Circle of Honor. This honorary organization recognizes UPS drivers who have had no traffic accidents in Massachusetts and elsewhere during their 25 or more years behind the wheel with the company, according to Market Watch.

Altogether, the state of Massachusetts has nearly 75 active Circle of Honor drivers working for the company. These safe drivers have a combined time of nearly 2,040 years of safe, accident-free driving experience with the company. Henry Slazenik from Danvers is the state’s senior safe driver. He has nearly 40 years of company driving experience with absolutely no accidents. Currently, there are more than 1,880 UPS drivers in the state of Massachusetts.

Our Boston workers’ compensation attorneys understand that traffic accidents are in fact the No. 1 cause of on-the-job fatalities. In 2009, there were 1,795 fatalities resulting from these work-related accidents, according to the U.S. Bureau of Labor Statistics. According to the preliminary statistics for 2010, there were 1,766 who died in these kinds of work-related accidents. Yes, there was a decrease in the number of these kinds of work-related fatalities from 2009 to 2010, but transportation accidents were still the number one cause of on-the-job fatalities for both years.

Across the world, there are more than 5,840 UPS drivers currently employed with the company who are in the Circle of Honor. Of all of these drivers, there are more than 161,745 years and nearly 5.5 billion miles of accident-free driving. That’s enough miles to circle the earth more than 210,000 times.

The recent additions to the Circle of Honor illustrate the largest increase in a single year since the company first launched. UPS is thrilled to employ such safe drivers and says its safety program and training can be credited for this achievement.

Richard Moore, the UPS president of the Northeast District, said that for these drivers to go as long as they have without a crash is a testament not only to the training they receive, but the pride they take in their work.

The company invested nearly $200 million in 2011 alone on training for these drivers. This training was formed by the company. They call it “Space and Visibility.” All of its drivers are taught a number of safe driving methods from the day that they’re hired. That training never ends.

This kind of thorough training that leads to these success stories should be inspiration to companies nationwide. UPS is doing exactly what is required of them. It’s taking all of the precautionary steps to help to decrease the risks of work-related accidents for its employees, even for the employees who face some of the most serious risks on our roadways — traffic accidents.
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February 17, 2012

Boston Electricity Work Accidents a Major Risk

by Jeffrey S. Glassman

Working directly with electricity can be dangerous. Working near any form of electricity is dangerous too. In fact, most workers may not be aware that they are exposed to electrical dangers that can cause injury in Boston and elsewhere.

When you think of workers in danger of electricity-related injuries, you might typically think of electricians, engineers and other related professionals. However, the truth of the matter is that people who work in offices and even sales people can also be exposed to electrical hazards.

Our Boston workers’ compensation attorneys understand that electricity has been recognized as a serious work hazard for a long time now. Yet it still goes unnoticed by a majority of workers. For this reason, the Occupational Safety and Health Administration (OSHA) pushes electrical standards to help protect employees who are exposed to dangers like electrocution, electric shock, fires and explosions.

Statistics reveal that there were nearly 28,500 employees in the U.S. who died because of work-related accidents from 2003 to 2007. Of these fatal accidents, contact with electricity was the 7th leading cause. Additionally, there were more than 13,000 employees who were injured in electricity-related accidents and had to take time off of work to recover.

It’s true that those working in construction see the most risks and injuries for electricity-related accidents. But it is equally true that employees of all types can be injured in these kinds of accidents.

Electricity Danger Warning:

-All types of electrical current can potentially injure you.

-Inspect tools and outlets before use each time to help to reduce the risks of injury.

-Make sure power tools are off before plugging them in. This is a common mistake that leads to hundreds of injuries every year.

-Dynamic electricity refers to the uniform motion of electrons traveling a conductor.

-Static electricity is when this force gathers on a surface because of contact with another surface or because of friction.

-Always use the right size fuse.

-If a power cord is broken or wires are exposed, do not use it. Toss it out.

-Electricity can’t travel through a pathway to and from a conductor that has been broken.

-If you have to work with electricity and a ladder, be sure that your ladder is made up of non-conducive materials, like wood.

-When you’re electrocuted, the electricity can hinder the functions of your body, meaning that it can stop the brain from sending electric signals to the rest of your body. This can result in serious, if not permanent, injuries and even death.

-Never work with electricity in areas that are damp or wet.

-If someone experiences a high voltage contact burn, they may suffer severe injuries to their internal bodily tissues. This is a condition that may not be detected by the outside appearance of the body.
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February 13, 2012

Boston Work Accidents Involving Teens Jump During Summer

by Jeffrey S. Glassman

There were roughly 17.5 million young workers in the U.S. in 2010 under the age of 24. These workers account for about 15 percent of the entire country’s workforce, according to the Centers for Disease Control and Prevention (CDC).

This group consistently has the highest rate for work-related injuries in Boston and elsewhere. This can generally be explained by the hazards present in the job positions that these young workers are most likely to hold, such as those in the restaurant industry. Restaurant workers face risks associated with sharp utensils, slippery floors and food preparation equipment. Often, inexperience can play a contributing role in these accidents. Many of these young workers, in middle school and in high school, face obstacles associated with biologic and psychosocial characteristics that can hinder their safety of the job. Oftentimes, these workers suffer from inadequate fit, strength and cognitive abilities to operate certain machinery and equipment.

Our Massachusetts teen work accident attorneys understand that nearly 360 young workers died because of on-the-job work-related injuries in 2009. There were 30 deaths of workers under the age of 18 included in these injuries statistics. From 1998 to 2007, there were about 795,000 injuries to these young employees nationwide. All of these injuries resulted in a trip to the emergency room. This means that these young workers have a rate for injury that was about two times higher than the rate for older workers in the country. This is why it’s important to talk with your teen about work-related injury risks, especially as they will soon be seeking out summer jobs.

According to the U.S. Public Health Service, the Healthy People objective is a program aiming to reduce the risks of work-related injuries for these young workers. Its goal is to reduce the number of injuries by at least 10 percent by 2020.

Right now, there is a teen injured on the job every 9 minutes. We’re asking parents to talk with their teens about the rights they are entitled to as a worker in the U.S. and the risks they need to be on the lookout for. With a thorough education regarding work standards, we can help to reduce the risks for on-the-job injuries for these young employees.

What are your rights at work?

-To work in a healthy and safe place that is free from known dangers.

-To be provided with the proper training for the job.

-To say “no” to jobs and work that can make you sick or can hurt you.

-To earn minimum wage. The minimum wage in Massachusetts is $8 hourly, according to the U.S. Department of Labor.

-To be compensated for medical care (for most jobs) if you get sick or injured on the job. You may also be paid for the work you missed as a result of the sickness or the injury.

-To work without being treated poorly, unfairly or being harassed because of national origin, sex, pregnancy, religion, skin color, race, genetic information or disability.

-Ask for changes to your workplace because of your religious beliefs or a medical condition.

-Assist someone who is inspecting or investigating your place of work. You cannot be fired or reprimanded for giving this kind of help.
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February 9, 2012

Company Fined for Failing to Reduce Risks of Work Accidents in New England

by Jeffrey S. Glassman

Employers have to protect employees from dangers on the job! If not, they’re going to get fined like Monster Contracting LLC did. According to the Occupational Safety and Health Administration (OSHA), the framing contractor is now facing nearly $60,000 in proposed fines for failing to prevent residential construction-related work accidents in New England. These fines were the result of an inspection conducted by the OSHA area office.

“Employees at this job site faced the risk of disabling or deadly injuries from falls, crushing injuries or being struck by flying debris or objects while operating nail guns and other tools,” said Rosemarie Ohar, OSHA’s area director.

Training is important! Employees at this job site were not trained in precautions that could have avoided work-related hazards. Our Boston workers compensation attorneys recommend that all employees keep an eye out for dangers on the job. Yes, it’s the employer’s job to minimize accident risks on the job site. Unfortunately, though, that doesn’t always happen. Be a proactive employee and keep an eye out for dangers before they have the chance to harm anymore.

The company was cited for:

-Exposing employees to falls of up to 20-feet while performing interior and exterior frame work without providing them with the proper fall protection.

-Working near unguarded windows, stairwells and floor openings.

-Failing to provide employees who work with nail guns, staplers and power tools with the proper eye protections.

-For allowing employees to misuse ladders or to use unsafe ladders.

-For having damages on slings that are used to lift walls.

-For failing to ensure that truck operators had been properly trained.

-For allowing dangerous access to elevated portions on the buildings.

-For leaving nails protruding out of lumber on the job site.

-For not properly training workers to recognize electrical, flying objects, material handling and fall hazards.

-For neglecting to train workers on how to safely operate work-related power tools and how to properly use ladders.

Monster Contracting LLC has 15 business days to either pay the fines or to meet with an area director to contest these violations.

According to the Bureau of Labor Statistics, there were more than 750 construction employees who were killed on the job in 2010 in the U.S. Nearly 40 percent of these fatalities were the result of fall accidents.

Work accidents in Massachusetts, according to the Massachusetts Occupational Injuries and Illnesses Report:

-The health and education industry accounted for nearly 30 percent of all work-related injuries and illnesses.

-The construction industry tallied the highest incident rate, with 6.1 per 100 employees.

-More than 40 percent of on-the-job accidents required time away from work.

-Most commonly, injuries at work result in either a sprain or a strain.

-Employees between the ages of 25- and 44-years-old had the highest number of work-related illnesses and injuries.

-Work-related accidents most often injure an employee’s shoulders or back.
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February 6, 2012

Office Workers Also at Serious Risks for Work-Related Injuries in Massachusetts

by Jeffrey S. Glassman

We often talk about the dangers of working in construction and with hazardous materials.
What we rarely discuss are the risks of work-related injuries in Boston ‘ offices. According to the Centers for Disease Control and Prevention (CDC), employees who work in an office, at a desk or in a cubicle are also at some serious risks for on-the-job injuries and illnesses.

Employers of all kinds are required to make workplace conditions safe for employees. This means that employers are required to keep an eye on chemical hazards, work station and equipment design, environmental exposures, task design, physical environment dangers, psychological factors, etc.

The design of an office can make or break you. Office designs are supposed to allow employees to execute their jobs comfortably. Our Boston workers compensation attorneys stress the importance of proper ergonomic design. This design is used to make sure that employees aren’t working in odd postures, sitting or standing for too long, having to over-reach themselves and are making sure that repetitive work isn’t harming an employee’s health. Sometimes, changing an employee’s furniture or equipment can solve this problem and help an employee to work more comfortably. When posture is off for long stretches of time, musculoskeletal disorders and other problems can arise.

Employees can also be faced with risks for on-the-job injuries because of job stresses, design-related hazards, environmental dangers, open drawers, exposed electrical cords, repetition, job speed, job duration, chemical exposures, etc. It is important to make sure that the requirements of your job meet your capabilities. Overworking employees can often result in worker injuries and illnesses.

The nature of work is changing – and quickly. Now more than ever, on-the-job stress poses serious risks to workers’ health and to the viability of companies nationwide. The National Institute for Occupational Health and Safety (NIOSH) has studied these factors and concluded that about a quarter of all employees see their job as the No. 1 cause of stress in their lives. About 75 percent of all workers say they have more at-work stress now than they did a generation ago.

We’re not saying a job is supposed to be a walk in the park. We’re just saying that we understand that job-related stress is becoming a growing source of physical and emotional health issues for many Americans. It’s not just an excuse for being lazy. The term “job stress” is defined as a harmful emotional or physical response that can happen when job requirements exceed the resources, capabilities or needs of the employees. This kind of stress can lead to poor health and even on-the-job injury.

Employers are asked to keep an eye on the health and the job production of employees. We realize that, with the current economy, employers are trying to squeeze as much as they can out of each employee, but there’s a stopping point. Under no circumstance should an employee jeopardize their health for the completion of a job. Employers, please provide a safe and reasonable atmosphere for your workers.
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