Massachusetts Workers Compensation Lawyers Blog

Safety training is essential to protect workers from on-the-job injuries or fatalities. While some employers fail to provide adequate training and don’t prioritize employee safety, others want to do the right thing and ensure their staff is safe. Unfortunately, even employers who want to provide safety training may encounter certain obstacles in their efforts.

Prioritizing safety training is a smart business choice for companies. Not only can they avoid the risk of fines by the Occupational Safety and Health Administration (OSHA) but they will also have a healthier workforce and won’t have as many workers’ compensation claims. Workers who are injured on the job can make a workers’ compensation claim regardless of employer negligence, and should consult with an experienced work injury lawyer. Because workers’ compensation is a strict liability system, the only way to avoid claims for employers is to avoid injuries in the first place. This means employers need to find creative ways to overcome training obstacles to achieve the benefits of effective training.
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Within the first 12 weeks of 2014, there were six deaths of workers performing maintenance or serving cell phone towers. Based on the number of deaths of cell tower workers in 2013 (13 employees total for the year), the rate of deaths in the industry in 2014 is nearly double the number of workers killed last year. This increase is disturbing but not entirely unexpected in light of prior estimates that show the fatality rate in the tower climbing industry is five times the rate of other industries.

Although tower climbing work is recognized as high-risk, the significant increase in deaths in just the first three months of the year is raising questions about how safety protections can be put into place for those who work remotely. These workers may still be considered employees and eligible to make workers’ compensation claims with the help of a workplace accident lawyer, but the workers do not go to a central worksite where an employer can actively take steps to improve conditions and enforce safety rules in order to reduce fatalities on the job.
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The Occupational Safety and Health Administration (OSHA) had its budget cut in 2013 because of sequestration. OSHA was already underfunded before the cuts and did not want to reduce its compliance inspections unless forced. OSHA inspectors are overextended and far too few companies receive annual workplace inspections to ensure that they comply with occupational safety standards.

To preserve its inspection budget, Safety News Alert reports that OSHA instead cut its employer-assistance budget. Business advocates were concerned about this strategy and a new report indicates that the Department of Labor also is concerned that this will have a long-term adverse impact on safety.
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A recent study in the Journal of Applied Psychology revealed an increase in workplace injuries in the days after Daylight Savings time. No corresponding increase in the number of work injuries occurred when the clocks switched to standard time. This suggests that lack of sleep when this time switch occurs is a contributing factor to on-the-job accidents because employees who are overtired are less alert and more likely to make dangerous mistakes.

While the study outcome should prompt employees and employers to be more alert when the clocks change, it also shows the importance of getting a good nights rest every day before work. Fatigue does not disqualify a worker from recovering workers’ compensation benefits and those who get hurt doing work tasks should consult with an experienced workplace accident lawyer in Massachusetts. Still workers should make a commitment to not going to work tired in order to prevent a serious or potentially fatal accident.
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In its 2015 budget, the Occupational Safety and Health Administration (OSHA) has expressed a desire to begin targeted inspections of more small businesses. OSHA is currently limited in its ability to conduct inspections on businesses with 10 or fewer employees. OSHA generally only conducts inspections of these companies in industries that have higher-than-average injury and illness rates. Now, OSHA wants to also inspect companies that have the potential for catastrophic incidents.

If OSHA is able to expand its inspection authority to more companies, this could help to reduce catastrophic events that cause injury not just to workers but potentially within whole communities. Ultimately, though, with a limited number of inspectors, OSHA can only do so much. Employers of all sizes need to exercise caution when dealing with hazardous materials or high-risk conditions and have an obligation to ensure that they aren’t putting others at risk. An injured worker who is harmed on-the-job should consult with a workplace injury lawyer for help understanding his legal right to compensation.
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