Articles Posted in Massachusetts Work Accident

Last week, an employee who worked for the Tribe Mediterranean died in a brutal Massachusetts work accident. The Tribe Mediterranean is a company that manufactures hummus. The employee was killed after his arm got caught in a grinder at the Massachusetts hummus facility. Investigating officers pronounced the worked dead on site. His body was transported by medical personnel to a nearby hospital, according to Mail Online.

“The only information I really have is that he became stuck in a rather large machine, which some people call an auger and others call it a grinder,” said Gregg Miliote, with the Bristol County District Attorney’s office.

Our Boston workers compensation attorneys understand that the demands of common jobs become more and more demanding and dangerous as we continue to turn to automation and machinery for the production of common goods. These demands increase as economic demands increase as well. Machines are oftentimes better equipped to produce more product than manual, human labor. While there are many advantages to using machinery, it can provide some potentially fatal hazards to workers when they’re not treated properly. Machinery requires the implementation of the proper safety measures, procedures and safety devices, including safeguards, to limit the exposure to hazards for employees.

The Massachusetts employee in the accident was cleaning and sanitizing the machinery when it happened. It was his job to keep the work place and the machinery in line with the federal health and safety codes.

Tribe Mediterranean is the second top-selling hummus producer on the market. The factory has been shut down temporarily so that the Occupational Safety and Health Administration can investigate.

The hummus company had just finished an expansion project over the summer that cost nearly $10 million. The expansion had expected to create roughly 60 more job positions. The number of workers after the expansion sits at an estimated 125.

Billions have been handed over as the result of machine-related injuries and fatalities every year. These types of accidents can have devastating and lasting effects on a victim’s life. Employers are urged to utilize safeguards, including safety controllers, interlocked guards and light screens to help to prevent a potentially fatal workplace accident. Make sure that all employees are properly trained to work with the machinery and enact a set of procedures to ensure that daily functions are as smooth and as safe as possible.

According to the Occupational Safety and Health Administration, employers are required by federal law to eliminate or to control the hazards presented by dangerous machinery. Oftentimes employers are required to provide compensation for these types of accidents to the victims and/or the victim’s family.
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A fatal power plant accident in Middletown, a shooting at a beer distributor facility in Manchester and a plethora of additional fatal work-related accidents helped to contribute to the alarmingly high number of New England work accidents throughout the year. Every year there are hundreds of employees who die because of work-related accidents throughout the area.

According to a recent release from the U.S. Bureau of Labor Statistics, Massachusetts endured more than 50 workplace fatalities in 2010. This number is in fact an increase from the previous year. Just below Massachusetts in the state of Connecticut, there was also an increase in the number of fatal work accidents, according to Hartford Business. As the economy makes a turn around and more people head back to work, these numbers are expected in increase even more. For this reason, it’s now more important than ever to help ensure the safety of everyone on the job.

Our Massachusetts workers compensation lawyers understand that the large size of both Connecticut and Massachusetts and the high numbers in the respective workforces make them likely candidates for such alarming accidents. Many of these workplace fatalities can be avoided by taking the proper safety precautions. Employers are required to provide a safe work area for all employees and to help protect them from any work-related accidents.

Both of the states accounted for about 70 percent of the New England’s nearly 150-employee death toll witnessed in 2010. In 2009, there were fewer than 140 employees in these two states that died at work. Massachusetts was granted with the top spot for fatal accidents in that year, too.

New England’s Work-Related Numbers in 2010:

-Massachusetts: 51 deaths.

-Connecticut: 49 deaths.

-Maine: 19 deaths.

-Vermont: 13 deaths.

-Rhode Island: 9 deaths.

-New Hampshire: 5 deaths.

“Our goal has been to learn from the tragedies of last year to better determine those steps that can be taken to create an even safer workplace in the future,” Connecticut Labor Commissioner Glenn Marshall.

A large number of fatal work-related accidents that happen every year occur in the construction industry. These types of accidents account for about 20 percent of all fatal on-the-job accidents each year. The construction industry in our state consistently produces the highest rate of work injures.

There are only four types of accidents that contribute to a majority of construction-related accidents:

-Workers getting caught in/between machinery or objects.

-Being struck by an object.

-Electrocutions.

-Falls.

Falls are the number one cause of death among workers and construction employees endure the highest risks for a these fatal fall injury, according to the Massachusetts Department of Public Health. In 2010, there were nearly 20 workers who died because of a fall accident.
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A New England company, AMEX Inc., was recently fined by the Occupational Safety and Health Administration (OSHA) for failing to prevent work accidents in East Boston and at its other work sites in the area. The fines came after a work accident in which one of its employee lost consciousness when working in a confined space. The company was issued nearly 15 citations from OSHA for violating the administration’s workplace safety standards after that accident in May. The accident happened at the Senesco Marine LLC shipyard in North Kingstown.

The accident happened when the employees were exposed to dangerously high levels of paint vapors when they were painting the inside of a tugboat. One of the employees lost consciousness in that confined area and had to be saved by the North Kingstown Fire Department. According to an inspection that was conducted by the Providence Area Offices of OSHA after the accident, it was discovered that the company did not take the proper safety precautions for employees who were required to paint within small, enclosed areas.

Our Massachusetts workers’ compensation attorneys understand that painting jobs may not seem that dangerous, but the truth of the matter is that this accident could have easily turned fatal. Employers are required to take the proper safety measures to help ensure workers’ safety on the job. Employees must also be properly trained to work in these conditions. Employers are also required to make sure that employees receive this safety training. No employee should ever have to work in a confined space until the air and the atmosphere have been tested. Employers are also required to ensure that there are adequate rescue procedures in place and that the proper respiratory protection is available should it be needed.

“Confined spaces are characterized by toxic, oxygen-deficient or flammable atmospheres that can be deadly for employees,” said Patrick Griffin, an OSHA area director.

Inspectors from OSHA also discovered that the company did not properly check for the dangerous conditions within that confined space in the tugboat, it failed to test the atmosphere for toxic or flammable gases prior to the worker entering the unit and it failed to provide confined space training for workers that were working in the small space. Lastly, the company was cited for failing to offer workers the proper respiratory protection, the appropriate respirator fit-testing, and for failing to provide any type of safe ventilation equipment.

For all of these problems, AMEX Inc. was issued 12 violations with a $72,000 fine total. The company also was fined $900 for failing to keep an accurate illness and injury log.

The company is allowed 15 business days to contest the findings, to comply or to meet with an area director.
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The Occupational Safety and Health Administration (OSHA) just released the new “National Emphasis Program” (NEP) to be used by chemical facilities to help keep employees safe from work-related accidents in Massachusetts and elsewhere. Employers are required by law to provide safe working conditions for all employees. OSHA takes the responsibility to oversee work sites to help ensure employees are doing the right thing to help protect workers.

“Far too many workers are injured and killed in preventable incidents at chemical facilities around the country,” said Dr. David Michaels with Occupational Safety and Health. “This program will enable OSHA inspectors to cover chemical facilities nationwide to ensure that all required measures are taken to protect workers.”

Our Boston workers’ compensation attorneys understand that this new program was designed to replace the previous Chemical Facility National Emphasis Program from 2009. The new program will be used to enforce the new procedures and policies for inspectors to investigate work areas that are covered under the administration’s Process Safety Management (PSM) standard. The new inspections will be done at random, and will target only those companies that work with high amounts of hazardous chemicals. Companies working with dangerous chemicals can be susceptible to serious accidents if the proper safety measures aren’t taken to protect employees.

The previous program covered only a portion of the companies nationwide that deal with dangerous chemicals. The new program will be looking over many more companies. In addition to conducting inspections, the program will be working to raise awareness about the dangers that come along with working closely with dangerous chemicals. The new program will also provide useful tools for employers and employees to use help prevent a chemical-related work accident.

The first Process Safety Management standard was launched in 1992 after a number of catastrophic accidents occurred around the world and involved dangerous chemicals and serious work-related injuries.

In 1994, OSHA took enforcement even farther by launching a new program. This new instruction established policies, procedures, clarifications, and compliance guidance for enforcement of the PSM standard under the “Process Safety Management of Highly Hazardous Chemicals.”

Then in 2009, the administration launched a pilot National Emphasis Program for chemical facilities that were covered under the PSM. The pilot program tested the new approach for inspecting PSM-covered facilities that allowed for a greater number of inspections nationwide. Officials determined that OSHA was then able to increase the number of PSM facilities inspected with relatively limited resources.

Employers are required to protect employees on the job. This is especially important for workers who work with dangerous chemicals. The new program offers a list of safety measures and other preventative measures that employers can take to help to reduce the risks of a potentially serious work accident.
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Even more is being done by the Occupational Safety and Health Administration (OSHA) to warn salon owners and employees about the dangers that are associated with the use of formaldehyde and the risks of work-related injuries in Massachusetts from overexposure to the substance.

Just a month ago, OSHA dished out a number of violations and fined 2 salons for not taking the proper safe measures to prevent employees from being exposed to the chemical. This substance can cause allergic reactions to the skin, can irritate eyes, lungs and noses and can caused cancer.

Our Boston workers compensation attorneys understand that salons are required by law to take the proper precautions to keep workers safe when working with formaldehyde. So far in 2011, OSHA has handed out violations and citations for nearly 25 salons and beauty schools throughout the country, including in Massachusetts. The fines were up to $17,500 per visitation and were issued for failing to protect employees from overexposure and unnecessary exposure to the product.

“We want to make sure that salon owners are aware that if they use these products, they have to implement protective measures,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

In three difference hair salons, test results concluded that employees were exposed to dangerous levels of the chemical for longer than the agency’s 15-minute short-term exposure limit. At one of the violating salons, OSHA inspectors determined than an employee was exposed to formaldehyde more than five times over the allowable amount.

Beauty salons are urged to use products that are marked as “formaldehyde free.” Products should also be free of glycol, methylene and methylene, which are other common names for formaldehyde. If a salon must use a product with formaldehyde in it, it is required by law to monitor the air condition, train employees and keep an eye on the levels of formaldehyde that are in the air. Respirators and proper ventilation must also be provided.

To help combat the problem, OSHA has conducted a number of outreach programs to help to educate manufacturers, salon schools and salons and to also warn them about the dangers affiliated with the product. Back in September, OSHA released a hazard alert to owners of salons across the country to warn them about these same problems as well. This new alert is similar to the September release, but has been revised and was requested by the U.S. Food and Drug Administration (FDA).

Salon owners can request an on-site consultation from OSHA. This service is free and will not result in penalties, violations or citations. This consultation is offered to help owners to improve the safety of their business. In 2010, OSHA program consulted approximately 30,000 businesses that employed nearly 2 million people across the country to help make work areas safer for employees and for customers.
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“The real deal still is Black Friday. It still is the single best shopping day of the year.” Edgar Dworsky, founder of ConsumerWorld.org, told CBS Boston.

While Black Friday is the busiest shopping day of the year for consumers, it’s also one of the most dangerous days for retail workers around the country. Work-related accidents are very common on the day after Thanksgiving as thousands of people wait for the early morning deals. Without the proper safety strategies and crowd control procedures workers can be injured in work-related accidents in Boston on Black Friday.

Our Massachusetts workers compensation attorneys understand that consumers from around the state will be setting out early on Black Friday to snag some excellent deals. Employers are required to provide safe working conditions for all employees, and this includes on the busiest shopping day of the year. Employers are urged to get a plan together to help regulate crowds and how to best equip employees with the tools they’ll need to safely address Black Friday shoppers.

Black Friday grows more and more popular with every passing year. The risk for injury has increased as well. Back in 2008, a worker even died at the opening of a Black Friday sale. The Occupational Safety and Health Administration offers employers some safety tips to help ensure everyone stays safe during this year’s big sale. With the proper safety precautions, companies can reduce the risks for work-related injuries.

Safety steps to help reduce injury on Black Friday:

-If you’re expecting a large crowd, be sure to have the proper security or police on site.

-Make sure you have enough employees on site and positioned strategically.

-Train workers on how to handle large crowds before the event.

-Designate a specific worker to call emergency responders when needed.

-Make sure the premise is marked with appropriate signs indicating entrances, exits, opening times and locations of restrooms and sale items.

-Create a plan to address the dangers that workers can face, including violent acts, fires, crowd control, crowd crushing, overcrowding, etc.

-Place barricades in necessary areas, such as the front of the store and check-out lines.

-All workers should be alerted when the store is about to open its doors.

-Consider conducting a lottery for big sale items.

-Make sure that shopping carts and other obstacles are placed in a safe place away from crowded areas.

-Keep an eye on your building’s maximum capacity.

-Provide the proper entrances for those with disabilities.

-Never block your exits.

-Always keep first-aid kits on hand. It’s important to keep Automated External Defibrillators (AEDs) as well as people who are trained to use them.

-Instruct employees to follow instruction of authorized responders in the event of an emergency and to disregard company rules if they conflict.

We can all have a safe and exciting Black Friday if employers keep these safety tips in mind. Happy Shopping!
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