Articles Posted in Massachusetts Work Accident

Massachusetts Bay Commuter Railroad Co. LLC was recently served with 22 violations by the Occupational Safety and Health Administration (OSHA) for failing to address a number of work site hazards and for failing to prevent work injures in Somerville. The railroad company failed to meet a number of health and workplace standards at its maintenance facility in Somerville on Rear Third Avenue. All of these fines totaled nearly $131,000.
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These violations were witnessed during OSHA inspections from April to October. The inspections revealed that the workers in the company’s coach, pipe, truck, carpentry and diesel facilities were exposed to blood-borne pathogens, amputations, lacerations, chemical burns, falls, fired, electrocution, electric shocks, as well as to injuries from tripping, slipping and crushing hazards.

Our Massachusetts workers compensation lawyers understand the dangers that people who work with railroad equipment can be exposed to. Employees working alongside commuter railroads can be exposed to a wide variety of work hazards. These positions require skilled labor and can produce deadly results if the proper safety precautions are not met. Employers are required to ensure that work sites are hazard free and that work conditions are safe for everyone. We recognize that some dangers were corrected at the Massachusetts Bay Commuter Railroad Co. LLC’s Somerville facility following inspections, but before the company can be off the hook, they need to correct every last danger.

“The sizable fines proposed here reflect the number and breadth of hazardous conditions found at this facility,” said Jeffrey A. Erskine, OSHA’s area director for Middlesex and Essex counties.

Violations found at the Somerville facility:

-Unqualified workers were working on the company’s energized electrical equipment and they were not provided with or using the proper protective equipment. This protective equipment includes voltage-rated tools and fire-resistant clothing.

-Employees were exposed to a number of electrical circuits.

-The company neglected to offer employees who were exposed to blood-borne pathogens hepatitis B vaccinations.

-The work site did not have properly labeled containers for its hazardous chemicals.

-There were saw blades that were not properly guarding.

-The company allowed workers to handle corrosive materials without protective clothing, hand protection or face shields.

-The site had numerous blocked emergency exits.

-The site was improperly storing flammables.

-There were also improperly stored acetylene and oxygen cylinders.

-Workers and supervisors on the site were misusing power cords.

-The company failed to lock out electrical power sources during required maintenance.

A company will get a serious violation when there is a hazard that could potentially cause serious physical harm or death. In these cases, an employer should have known and addressed the hazard to help prevent any unnecessary accidents.
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The Occupational Safety and Health Administration (OSHA) recently released a new “Workers’ Rights” booklet. This booklet is designed to replace “Employee Workplace Rights.” Under the Occupational Safety and Health Act of 1970, workers have a right to a safe workplace and be protected from work-related injuries in Massachusetts and elsewhere. Employers are required to minimize all work-related hazards.
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Our Boston workers’ compensation attorneys understand that employers have specific guidelines they must follow to help prevent work-related injuries and fatalities. When these guidelines are not met, OSHA will step in to take the appropriate actions to fix the situation and to rebuild employer safety standards. If you witness unsafe working conditions, you’re urged to contact a supervisor or OSHA. If you’ve been injured on the job, you’re urged to contact an experienced attorney to help you fight for your rights as a worker in the United States.

The Occupational Safety and Health Act of 1970 is in place “to assure safe and healthful working conditions for working men and women.”

Workers’ Rights:

-Workers can file a complaint: Employees have the ability to file a complaint with OSHA. These complaints will result in a workplace inspection.

-Workers are entitled to information and training resources regarding workplace hazards, methods to prevent hazards, and information to OSHA safety standards that apply to their field of work. Worker training is required to be done in the language and vocabulary that an employee can understand.

-Workers have the right to review records of injuries and illnesses that have occurred at their place of work.

-Workers have the right to obtain copies of test results and monitoring measures to ensure that hazards are contained in the workplace.

-Workers have the right to get a copy of workplace medical records.

-Workers have a right to participate in an inspection conducted by OSHA and to speak in private with the inspector.

-Workers have the right to file a complaint with OSHA if they feel they’ve been retaliated or discriminated against by an employer after they’ve requested an inspection or because they’ve exercised any of their other rights.

Those not covered by the Occupational Safety and Health Act:

-Workplace hazards that are regulated by another federal agency. This includes Coast Guard, Federal Aviation Administration, Mine Safety and Health Administration, etc.

-Those who are immediate family members of farm employers.

-Those who are self-employed.

Important examples of OSHA safety standards:

-Employees must be provided with fall protection, including lifelines and safety harnesses.

-Preventing cave-ins during excavation and trenching projects.

-Ensuring the safety of employees who work in confined areas such as grain bins and manholes.

-Limiting the exposure to high noise levels that have the ability to damage hearing.

-Keeping guards on dangerous machines.

-Control dangerous chemicals, including lead, asbestos, etc.

-Provide health care to employees.

-Properly train workers.
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“To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act…” reads the Occupational Safety and Health Act of 1970.
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The Occupational Safety and Health Administration (OSHA) recently released an informational booklet to help educate employers about their rights and responsibilities after an OSHA inspection. Companies are oftentimes subjected to federal inspections by OSHA to help ensure workplace safety and to help prevent work-related accidents in Boston and elsewhere.

How an OSHA inspection works is that an OSHA compliance safety and health officer inspects a workplace in search of any hazards that could potentially harm employees. Once the inspection is completed, the findings are handed over to the OSHA area director who will then evaluate the findings. If a violation is discovered, then OSHA will hand over both a Notification of Penalty and a Citation. The documents will detail the violation and provide the business with a list of options, including ways to correct the violation, to contest the findings and how to pay the fines.

Our Massachusetts workers’ compensation attorneys understand that OSHA provides a violating company with all of the information it needs to correct the situation. They’re provided with the nature of the violation and the possible abatement measures a company can take to fix the situation. Employers can either agree or appeal the findings. If an employer disagrees with the findings, they’re allotted 15 business days to contest in writing the citation, the penalties or the abatement date. Employers are always welcome to schedule a meeting with their OSHA area director if they have any comments or concerns.

Possible violations:

-Willful Violation: This illustrates a hazard in which the employer displayed complete disregard for. Fines for this violation can range from $5,000 to $70,000 per violation.

-Serious Violation: This illustrates a hazard that could cause serious physical harm or death where the employer may not have been aware of the hazard. Fines for this violation can be up to $7,000 for each violation.

-De Minimis: This illustrates an instance in which an employer has created measures different from the ones provided by OSHA and that have no relation to health or safety. These violations don’t come with any specific citations or penalties.

-Failure to Abate: This illustrates when a hazard has already been cited by OSHA and the employer didn’t correct the situation. However, if the hazard was corrected and it reoccurs later then a company will get a repeat violation. Failure to Abate Citations can be up to $7,000 for each violation.

-Repeated: This is when an inspector finds the same hazards at the same work site within five years after its first discovery. Repeated violations can bring a civil penalty of up to $70,000 for each violation.

Employers are urged to contact the OSHA Commission if they’re facing any violations and they’re questioning any findings. The interpretations and enforcement policy can change over time.

OSHA provides all employers with its Employer Rights and Responsibilities: Following a Federal OSHA Inspection booklet.
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The Occupational Safety and Health Administration recently joined forced with Restaurant Opportunities Centers United (ROC-United) to raise awareness about the importance of worker safety. They’ll be working to educate employees and employers about ways to reduce injuries under their new “Alliance Program.” The two organizations will be focusing on trip, fall, slip, burn and cut injuries on the job. They will also be addressing safe workplace issues that affect small businesses and young employees in an attempt to prevent work injuries in Massachusetts and elsewhere..
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“Many teens’ first work experience is in the restaurant industry, so this Alliance is a great opportunity to reach these and other restaurant workers and employers to raise awareness of ways to promote safer, more healthful workplaces,” said Assistant Secretary of Labor for Occupational Safety and Health, David Michaels.

Our Boston workers compensation attorneys understand that restaurants and various other types of drinking and eating businesses currently employ nearly 12 million people in the U.S. About 30 percent of these employees are under the age of 21. It is important for parents and employers to look after these young workers as they’re not always aware of their right as an employee in the U.S. Many of these individuals may not know to speak up against unsafe work conditions or may be too intimidated to do so. In 2006, 30 teens under the age of 18 died from work-related injuries. By helping to educate the public, the Alliance Program aims to enhance worker safety among restaurant workers.

The two organizations created the alliance to produce important fact sheets and health and safety pamphlets to raise awareness about the commonality of cuts, burns, trips, slips and falls. The two organizations will also be creating case studies on lessons learned. These will be created to help train employees and employers on how to effectively handle dangers and hazards in the restaurant industry.

ROC-United is an organization recognized nationwide and has workers across the country. It currently has about 8,000 members. It was founded back in 2008. ROC-United uses its efforts to focus on making work conditions safer for everyone who works in a restaurant. It also coordinates a number of nationwide campaigns for employees of the industry.

Through these two organizations and their formation of the Alliance, they work with employers, employees, safe workplace advocates and other groups to reduce the risks of work-related illnesses, injuries and fatalities. Some of these other groups include educational institutions, community-based organizations, consulates, unions, business institutions, faith-based organizations and other professional and traded organizations.

All of these parties work with one another to develop tools to help make sure that businesses are working within federal safety regulations. They also work diligently to educate workers and share important information regarding work safety with employers and employees. The participants of the Alliance Program are not exempt from OSHA inspections.
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Walsh Corp., based out of Dorchester, has been cited for a number of violations by the Occupational Safety and Health Administration (OSHA) for failing to protect its employees from avoiding a Hanover work accident. At the work site, employees were subjected to various “struck-by” and cave-in hazards. These violations came with proposed fines of more than $160,000.
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An inspector from OSHA witnessed the Walsh Corp.’s violations after it was hired to install a water main on Rockland Street. The inspector says he saw trenches that were deeper than 5 feet that were not protected. These trenches were straight-walled and had nothing there to keep the walls from collapsing. The inspector also reported that the concrete around the trench had not been removed, supported or undermined to stop it from going into the trench. Trenches are prone to cave in when they are not properly supported. Employers have an obligation to provide safe work conditions for all employees, regardless of the industry.

Our Massachusetts workers compensation attorneys understand the dangers that trench workers face on the job. These accidents are 100 percent preventable if workers and employers take the proper safety precautions. According to the U.S. Bureau of Labor Statistics, there were nearly 300 employees who died in excavation or trenching cave-ins from 2000 to 2006. Nearly 70 percent of these fatalities happened among companies with fewer than 50 employees. Roughly 50 percent of these fatalities occurred within companies that had fewer than 10 workers. These types of accidents are completely preventable by using safe work practices, protective equipment and proper engineering controls.

Walsh Corp. was also cited for failing to use a ladder in the trenches on the site. Ladders are to be kept on site to provide a safe way to get out of a trench. The inspector also reported that workers were not wearing the proper head protection to keep them safe from being struck by falling debris. Lastly, the company was cited for having supervisors who failed to address these hazards. Each work site is required to have an overlooking individual who possesses the knowledge to identify these hazards. If these conditions are present, these individuals are instructed to keep employees out of the unsafe trenches.

“These conditions could have been a precursor to death or severe injury for this worker,” said OSHA’s area director for Boston and southeastern Massachusetts, Brenda Gordon.

Reports indicate that the walls of the trench could have fallen in at any second. A collapsed trench could potentially suffocate a worker. Employers are required to have knowledge to recognize these hazards and be able to correct them. Walsh Corp. was fined to the highest degree for failing to address these hazards. They were also fined more than $20,000 for other three serious violations.
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Our Massachusetts workers’ compensation lawyers have been reviewing the summary of 2010 workplace injuries and illnesses recently released by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS).

State-specific data has yet to be released by the department, but we have some concerns about the overall statistics presented in the report. Almost 3.1 million workers were injured or became ill while working in private industry jobs in 2010, which equates to 3.5 incidents per 100 full-time or equivalent employees nationwide. This indicated very little change from 2009.
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Employers have a responsibility to provide a safe work environment for their employees and keep potential hazards out of the workplace. Yet we frequently post about trench and fall accidents at Boston construction sites on our Massachusetts Workers’ Compensation Lawyers Blog. These severe and sometimes fatal accidents occur because employers don’t take the necessary precautions that are required by law or offer protective equipment to keep workers safe while they are working.

In reviewing the 2010 summary, we found the following to be true:

  • Almost 95 percent of the private industry sector cases were injuries, compared to roughly 5 percent reported illness cases.
  • More than 1.5 million reported illness or injury cases in the private industry sector were severe enough to require missed time from work, restricted duties or a job transfer. These cases are also known as DART cases.
  • DART cases in 2010 occurred at a rate of 1.8 cases per 100 full-time employees which was unchanged from the previous year.
  • Incidence rates for less severe cases (non-DART) occurred at a rate of 1.7 cases per 100 full-time workers which was a slight improvement from 2009 when the rate was 1.8.
  • Mid-size private industry work sites reported the most cases of injury and illnesses compared to the small establishments reporting the fewest number of cases. Mid-size establishments typically employ between 50 and 249 workers compared to small establishments that only employ 10 workers or less.
  • 2.2 million of the injuries recorded at work were in service-providing industries which equates to almost 76 percent of injuries in the private sector. The next highest recordable cases were in the goods-producing industries which was approximately 24 percent of injury cases.
  • Goods-producing industries also accounted for over 36 percent of illness cases at work in 2010 resulting in an incidence rate of 31.8 per 10,000 full-time employees. This was an increase from the 29.1 case rate reported in 2009.
  • Manufacturing industry sector was the highest subsector of goods-producing industries to report illness cases in 2010 recording the highest incidence rate among all industry sectors at 41.9 cases per 10,000 full-time employees.
  • State and local government workers reported roughly 820,300 illness and injury cases in 2010, which equated to 5.7 cases per 100 full-time workers.
  • Local government workers accounted for 4 out of 5 illnesses and injuries in the public sector reported in 2010. The rate of cases was significantly higher in 2010 for local government workers than state government workers at 6.1 cases per 100 full time employees to 4.6 cases respectively.

In a recent statement, Secretary of Labor Hilda L. Solis comments that better records need to be kept so that employers know what kind of illnesses and injuries are happening at their establishment. Many employers have a poor record-keeping system or practice in place which prevents workers from reporting when an incident occurs. Knowing what the problem is and how often it occurs is the first step in resolving issues and keeping workers safe in the future.

“As our economy continues to rebound and grow, we must ensure that safety and health are a part of that growth,” says Secretary of Labor Hilda L. Solis. “Let’s all remember that no job is a good job unless it is also a safe job.”

The Occupational Safety and Health Administration recently released updated materials and new documents for worker safety and health in several industries including construction. Employers are encouraged to provide these documents to employees and refer to them regularly in order to ensure that workers remain safe while performing job duties.
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We posted previously on our Massachusetts Workers’ Compensation Lawyers Blog that 2010 occupational deaths occurred at a rate of 3.5 per 100,000 full-time or equivalent workers, which equals on average roughly 12 people dying on the job every single day last year.

According to recent information released by the U.S. Department of Labor Bureau of Labor Statistics, the number of cases of workplace illnesses and injuries in Massachusetts and nationwide weren’t all that great either. There were more than 3 million private sector industry employers who reported an illness or injury caused by a job responsibility assigned to a laborer.
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Our Boston workers’ compensation lawyers know that construction is one industry where workers are in danger of risking their lives from fall accidents, transportation accidents or being struck by an object, but the recent Bureau of Labor Statistics (BLS) report indicated workers in the health care industry are also at considerable risk of illness or injury while performing duties on the clock.

In a recent statement, Secretary of Labor Hilda L Solis said “We remain concerned that more workers are injured in the health care and social assistance industry sector than in any other, including construction and manufacturing, and this group of workers had one of the highest rates of injuries and illness at 5.2 cases for every 100 workers.”

The following are key findings from the 2010 Occupational Injuries and Illnesses Summary:

  • In 2010, there was an incidence rate of 3.5 cases per 100 equivalent full-time workers, slightly down from 3.6 in 2009.
  • Incidence rates declined significantly for private industry workplaces in 2010 in total recordable cases.
  • The manufacturing industry was the only private industry sector to show an increase in incidence rates of illnesses and injuries. There were 4.3 cases per 100 full-time workers in 2009 which increased to 4.4 in 2010. There is some speculation that this had more to do with less hours worked than the actual decline in cases reported.
  • The private construction industry sector reported a 7 percent decrease in total recordable cases going from 4.3 cases per 100 full-time workers in 2009 to 4.0 in 2010. This decline primarily occurred due to the fact that specialty trade contractors reported a similar decrease reporting 4.3 cases per 100 full-time employees in 2010 which was down .3 from the previous year.
  • Social assistance and health care workers reported an illness and injury rate of 5.2 cases per 100 full-time workers in 2010. The 2009 case per worker rate was 5.4. This was the only industry sector to report more hours worked and employment opportunities for 2010 when compared to 2009.
  • Private industry workers reported 3.4 cases per 100 full-time employees which was unchanged from 2009.
  • Poisoning was an illness category that showed an increase in 2010 from 2009, reporting 3 cases per 10,000 full-time employees. The rate was .2 cases in 2009. The incidence rate for illness cases overall showed minimal change from 2009 to 2010.
  • National public sector incidence which included over 18 million local and state government workers occurred at a rate of 5.7 cases per 100 full-time employees in 2010.
  • Illnesses and injuries occurring at work should never go unreported. Workers’ compensation or disability claims can be complex and difficult to sort out so contact an experienced attorney to help get you on the right track to receive the compensation you deserve.

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A popular chain of supermarkets was recently fined by the Occupational Safety and Health Administration for failing to protect workers from work accidents in Massachusetts and in New Hampshire. The company, DeMoulas Supermarkets Inc. does business as Market Basket, and is now facing fines of nearly $600,000 after being cited with 30 violations. A majority of the violations resulted from the company failing to once again eliminate laceration and fall hazards after already being warned, and for not properly responding to a worker’s injury-resulting accident.
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“Employers with multiple locations have a responsibility to ensure safe and healthful working conditions at all of their workplaces,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

Our Boston workers compensation attorneys would like to reiterate the importance of safe work conditions for all employees. Regardless of the industry, employees are required to be protected from injury on the job. If a company is observed neglecting this obligation, it can face serious fines, penalties and potential shutdown.

The inspection of these stores started after a worker broke his arm and suffered from head trauma after an 11-foot fall to the concrete floor. In this accident there was an inadequately guarded storage mezzanine. The store didn’t deal with the accident properly. Instead of calling for professional help, store management got the worker a wheelchair, sat him by the receiving dock, and made him wait for a relative to come and pick him up to take him to the hospital.

Another inspection was conducted after a supervisor from OSHA witnessed the same type of fall hazard at another one of the company’s stores. At several stores, workers were not provided with adequate guardrails to help prevent falls.

The laceration dangers pertained to employees who worked in the bakery, deli and produce departments. Since the grocery stores failed to conduct hazard assessments, the workers were unnecessarily exposed to dangerous knives.

The company has previously been informed about both the fall and the laceration hazards. For neglecting to address these problems, the company was slammed with more than $260,000 in fines. A company is required to correct hazards after being notified by OSHA. When a company fails to make these corrections, serious penalties occur.

They also received nearly $226,000 in citations for the repeat violations.

The repeat violations were witnessed at the following stores:

-Andover
-Westford
-Tewksbury

-Fitchburg
-Ashland
-Salem
Other violations were handed over with fines of nearly $103,000. These fines were for failing to report the fall accident properly and for moving an employee who had been injured. Even more violations were handed out for failing to cover electrical equipment, lacking hand and eye protection, allowing employees to work near battery acid, and neglecting to keep the emergency eyewash station working correctly.
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A recent Massachusetts work accident took the life of an employee who was installing a new antenna and safety ladder on a television and radio news tower. The accident happened in Newton on Chesnut Street near I-95, according to the Boston Globe.
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The 1,000-foot tower is owned by American Tower Corporation. A spokesman for the company was not able to report exactly how high the worker was when the fall accident happened. The company says it has halted work at that site until a full review has been conducted.

Our Boston workers compensation attorneys understand the dangers that these types of workers face every day on the job. It’s not only these workers who are exposed to these dangers though. Workers in nearly every industry can be injured by a serious fall accident. According to the Bureau of Labor Statistics, there were nearly 5,000 fatal work accidents in the U.S. in 2010. Work-related fall accidents were ranked as the second highest cause of fatal work accidents in 2010. Transportation-related accidents still hold the number one spot for more fatality-causing work accidents.

Employers are required to make sure that all workers have the proper safety equipment to help prevent any on-the-job accidents. They’re also required to ensure that work sites are safe for everyone. These scenarios can get complicated when a third-party or a contractor is involved in an accident. For this reason, you are urged to contact an experienced attorney immediately if you or a loved one has been injured on the job.

Most common fall accidents in 2010:

-From a ladder: 20%

-From a roof: 18%

-Other/Unknown: 17%

-On the same level: 15%

-From a moving vehicle: 12%

-From a scaffold or staging: 7%

-Down steps or stairs: 5%

-From building girders or other structural steel: 3%

-From dock, floor or ground level: 2%

Fall accident occurrences are spread pretty evenly between male and female employees in all industries. There was a 1 percent variation for the number of accidents between men and women in 2010. In most other categories of fatal work accidents, men typically experience much more accidents. Fatal work accidents are also most likely to happen to those who are 65-years-old or older. Workers in the construction industry are most likely to be fatally injured on the job.

Aside from death, other injuries from fall accidents include:

Slip and falls accidents can cause other complications including:

-Incapacitation.

-Long-term medical complications.

-Broken bones and fractures.

-Spinal cord injuries
-Head trauma.

In Massachusetts, falls are the third-leading cause of death and the number one cause of injury-related emergency room visits and hospital stays. There were more than 420 fall-related fatalities in Massachusetts in 2006. Non-fatal fall accidents hospitalized nearly 204,000 people in the state, according to Massachusetts Health and Human Services.
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A recent Quincy work accident turned deadly on Route 3A. The accident happened when a worker fell from a bucket truck when it was hit by a tractor-trailer that was passing by, according to the Boston Globe.
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Michael Morrissey, the Norfolk District Attorney, reports that the 58-year-old worker of Braintree was working in the truck’s bucket on a traffic light at the intersection of Chubbuck and Washington Streets when the accident happened. After the collision, the worker was transported to the Boston Medical Center where he was later pronounced dead. The driver of the tractor-trailer who hit the bucket truck stopped at the scene of the accident and has spoken with police. The Occupational Safety and Health Administration is currently investigating.

Our Boston workers compensation attorneys know we’ve all been there. You’re running late for work and a utility truck or other type of construction vehicle is slowing up traffic. We’ve all thought about speeding by these traffic-slowing workers, but there’s nothing good to come of it. Ignoring workers and utility vehicles on our roadways is a recipe for disaster. There are construction zone rules and they’re there for a good reason, to save lives and prevent injury. There were more than 700 people killed in work zone-related accidents in 2008, according to WorkZoneSafety.org. There are thousands more of work-zone car accidents that result in serious injury.

Most commonly, these types of accidents are caused by motorists who fail to obey the reduced speed limits and other road rules. In these areas, both vehicle occupants and workers are at risk for a serious accident.

We offer you these safety tips to help to prevent an accident in a construction zone:

-Be sure to acknowledge all warning signs posted before such hazards.

-Always follow speed signs. Speeds have been reduced in areas in which dangers are present.

-Practice alert driving and curb all distractions.

-Put all of your focus on the road when you’re traveling near or through work zones and when you’re traveling near utility vehicles.

-Always drive through these areas with your headlights on so that your car is easily spotted.

-Never tailgate in the areas. Lane changes and stoppage in traffic heightens the risks for rear-end accidents.

According to the U.S. Department of Transportation, speeding is the number one contributor of traffic-related accidents in work zones and with utility vehicles. Whenever you’re near either of these scenarios, drive slowly and cautiously. Supervisors of road construction projects are to ensure that all of the proper safety precautions are taken before beginning work. Traffic flow needs to be monitored and altered to help ensure the safety of all workers.
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