Massachusetts Workers Compensation Lawyers Blog

Job seekers and incumbent employees in the state of Massachusetts are soon getting a safety makeover. Thanks to the Workforce Competitiveness Trust Fund and the Patrick Administration, close to $5 million has been allotted to improve the skills and training of these individuals. This is not going to help to get people back to work, but it’s going to help to make sure that their safe on the job.

According to the Massachusetts Department of Labor, this program and these funds are designed to bridge the gap between the skills of workers and the skills that employers require (especially those that require more than a high school diploma, but less than a 4-year degree).

Our Boston workers’ compensation lawyers understand that it’s critical for all workers, regardless to scholastic education level, to be properly trained for each and every job position that they hold. With these funds, we’re hoping that each and every employee gets a thorough on-the-job education to help to eliminate the risks of accidents, injuries and fatalities at work. Each year, there were more than 4,600 people killed on the job in the U.S. in 2011. That means that there were close to 13 work-related fatalities recorded each and every day.
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It’s hot and dry out there, and while we may not think about it often, this serves up some serious risks for wildfires. According to the Occupational Safety and Health Administration (OSHA), being educated and prepared for these kinds of disasters can help to protect against the destructive impact of an outdoor fire.

These conditions are particularly dangerous to those who respond to emergencies and those who help in recovery efforts. Some operations, such as utility restoration, cleaning up spills of hazardous materials and search and rescue, should only be executed by employees who have undergone the proper training, equipment and experience.

Our Palmer workers’ compensation lawyers understand these warm, dry conditions and the right kind of vegetation consist of the three ingredients that make the perfect recipe for wildfires, like the one recently witnessed in the southwest part of the state.
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We all shop here: Wal-Mart. But unfortunately, the popular nationwide store is guilty of more than offering price-match guarantees and low everyday prices. Wal-Mart Stores, Inc. was recently cited by officials with the Occupational Safety and Health Administration (OSHA) for some serious health concerns, and as a result the company has agreed to improve health and safety at it’s close to 3,000 Wal-Mart and Sam’s Club stores that are under federal jurisdiction.

It all started from two enforcement cases in 2011. They were to enhance safety around cleaning chemicals, trash compactors and hazard communications, but also to improve the company’s overall health and safety practices.

“This settlement will help to keep thousands of exposed Wal-Mart workers safe and healthy on the job,” said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.

Our Boston workers’ compensation attorneys understand that the smallest of companies up through even the largest need to keep employee and work site safety as a number one priority. It’s federal law. Unfortunately, Wat-Mart wasn’t standing tall and so was putting its workers at some serious risks for accidents.

With the new settlement between Wal-Mart and OSHA, the company will not keep trash compactors locked. They’re also not allowed to be used unless the operator is being supervised by a trained manager or other trained personnel. The company will also now be working to better its hazard communication training and will be ensuring that safety procedures are more effective.

Wal-Mart spokesman Randy Hargrove said the company immediately addressed the problems as soon as it was made aware of them.

A summary of this agreement will be posted in each and every one of the Wal-Mart stores affected.

And all of this stemmed from two separate inspections carried out at the company’s Supercenter in Rochester, New York back in August of 2011.

According to USA TODAY, the retailer has agreed to pay close to $200,000 in fines over safety violations that were found during inspections at a Rochester, N.Y., area Supercenter. The fine was almost half of the $365,500 initially proposed by OSHA officials.

Wal-Mart’s website states, “Conducting our business in compliance with all health and safety laws is crucial to protecting each other from harm.” While that may not have been their top concern when the initial inspections were conducts, you can be sure that employers will be working harder this time around, to save the time and headache of an accident, injury, citation and even a significant fine.

The agreement covers 2,857 stores in the 28 states that follow OSHA recommendations.

Wal-Mart, which is the largest private employer in the world, has been cited in more than 100 OSHA reports of health and safety violations over the last five years.

Shares of Wal-Mart Stores Inc. dropped 3 cents to finish at $77.37 on Wednesday.
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There a new outreach and enforcement regional emphasis program in the New England area, and it’s targeting the dangers associated with high-noise work areas in a number of manufacturing industries.

According to the Occupational Safety and Health Administration (NHTSA), this program is going to work in places involved in fabrication and manufacturing of wood and stone products, plastics, metals, as well as dairy, meat and bakery production.

“Exposure to high noise levels can cause permanent hearing loss that cannot be corrected through surgery,” said Marthe Kent, OSHA’s New England regional administrator.

Our Boston workers’ compensation lawyers understand that if an employee is exposed to noise of at least 90 decibels (db), there is a risk of hearing loss. Tens of millions of people are exposed to excessive noise in the workplace. More than 20 million workers in the country are exposed to these kinds of dangers at work, according to the Centers for Disease Control and Prevention (CDC). According to the Bureau of Labor Statistics, there were over 20,000 cases of work-related hearing loss recorded in the U.S. An estimated $242 million is spent annually on worker’s compensation for hearing loss disability.

With the new program, officials will be identifying and inspecting work areas that have high noise levels. Through these efforts, they will be reaching out to employer to help to combat the problem.

Knowing if your workplace is too loud:

-You hear a humming or a ringing in your ears when you get off the job.

-You shout to be heard to someone who nearby on the job.

-You experience temporary hearing loss when leaving work.

Under the current standards, there are regulations on workplace sound compliments of officials with OSHA. What they have done is set legal limits on noise exposure in the workplace. The limits are based off of an average 8-hour work shift. During this time, the permissible exposure limit (PEL) is 90 dBA.

Reducing the risks:

-Consider using low-noise machinery and tools.

-Keep all machinery and equipment properly maintained and lubricated.

-Make sure that there is a barrier between the source of the noise and the worker (like curtains or some sort of sound wall).

-Enclose or isolate the noise source.

-Make sure that workers don’t spend a long amount of time near a noisy machine.

-Provide workers a quiet area to go to take a break from the noise.

-Operate noisy machines when as few as people possible are nearby.

-Make sure that your testing and monitoring the noise levels on the job frequently.

-Make sure that all workers are trained and properly educated in regards to hazards and preventative measures for noise exposure and control.

-Utilize and wear hearing conservation devices, such as earplugs and earmuffs. Ensure that the device has an airtight seal, which ensures that the loud sounds will not penetrate your eardrums.
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Falls are the number one cause of death in the construction industry, according to the Occupational Safety and Health Administration (OSHA). In all industries, there were more than 600 people killed in fall accidents in the U.S. in 2009. While about 300 of these incidents happened in the construction industry, it’s clear to see that it’s a threat across the board — to job sites of all kinds.

Now, officials with the Centers for Disease Control and Prevention (CDC) are offering a new app to help to eliminate the risks for these accidents. It’s available on both the iPhone and Andriod. This app offers workers and employers a multimodal indicator and a graphic-oriented guide for ladder selection, inspection, positioning, accessorizing, and safe use.

Our Boston workers’ compensation lawyers understand that all jobs need to be planned to help to eliminate the risks for an accident. When factoring in job costs for an estimate, it’s critical that you include the costs of fall protection. You should always begin by deciding how the job will be done, what tasks will be involved and what safety equipment may be needed to complete each task.

Slips, trips and falls constitute the majority of general industry accidents. They cause close to 20 percent of all accidental fatalities and are second only to motor vehicles as a cause of death. The OSHA standards for walking/working surfaces apply to all permanent places of employment, except where only domestic, mining, or agricultural work is performed.

First, it’s important to understand what are major contributors to fall-related accidents:

-Improper equipment.

-Lack of safety equipment.

-Floor holes.

-Wall openings.

-Slippery walkways.

-Cluttered work spaces.

-Unprotected edges.

-Unstable floors.

These accidents are costly, too. As a matter of fact, fall injuries total about $70 billion in hospital and medical costs in the U.S. each year. As it’s not just the U.S. facing these problems, risks and costs, the international public health community has a strong interest in creating and administering strategies to reduce the toll of these kinds of accidents and injuries.

It’s clear that falls are common and carry serious consequences for victims and their families. It’s important for those impacted by a work-related fall to get legal assistance in order to protect their rights and interests.

But before an accident can strike, it’s important to know your rights — especially your right to a safe work environment. According to OSHA, law requires employers to provide their workers with working conditions that are free of known dangers.

While no workplace is entirely free of risks, both employers and employees can take steps to create a safe work environment and reduce slip and fall accidents as much as possible.

If you feel like you’re not being protected on the job, you’re asked to speak up. Talk with a supervisor today or file a complaint to have OSHA inspect your workplace. Speaking up can wind up saving lives.
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Officials with the Occupational Safety and Health Administration (OSHA) have recently demanded that Brillo Motor Transportation Inc., a commercial motor carrier located in Massachusetts, reinstate a former employee. They’ve also demanded that the company pay that employee close to $100,000 in back wages and interest, $25,000 in punitive damages and another $10,000 in compensatory damages.

The owners of the company violated the employee protection provisions of the Surface Transportation Assistance Act when they decided to let go of that truck driver back in December of 2010, according to the government’s allegations. They fired him in order to retaliate against his refusal to drive more hours than were allowed by federal standards. In this particular case, the driver refused to drive from Quincy to Milford because he had already exceeded that limit.

Our Quincy workers’ compensation attorneys understand that an employer cannot take action against a worker who refuses to break safety standards. The driver was at high risks for getting into an accident resulting from drowsy driving because of the extensive amount of hours he had already put into his work week.

In addition to that payout, the company has also been ordered to cover the worker’s lawyer’s fees for the complaint, toss out any kind of reference to the firing and to educate all current and future workers about their rights under the STAA.

According to the Federal Motor Carrier Safety Administration (FMCSA), most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.

What is a CMV?

-Any vehicle that weight more than 10,000 pounds.

-Any vehicle that has a gross combination weight rating of 10,000 or more.

-A vehicle that has been made to transport 9 or more people.

-Any vehicle that is involved in intrastate or interstate commerce and carries hazardous materials.

Recent HOS rule additions:

-All 34-hour restarts are required to include two time periods from 1:00 a.m. to 5:00 a.m. or home terminal time. These can only be used once a week, 168 hours, starting from the beginning of the restart time before.

-Drivers can only drive if they’ve served 8 hours of rest since the end of their last off-duty of sleeping time of at least a half hour.

-On-duty time no longer includes time spent resting inside the vehicle.

-Drivers can only drive 11 hours after 10 hours off the clock.

-Drivers are not allowed to drive passed the 14th hour in a row after coming on duty. The next 10 hours have to be rest time.

-Drivers cannot drive after completing 60/70 hours on the clock in 7/8 days in a row.

The truth of the matter is that transportation accidents are the number one cause of death for workers across the nation. These HOS regulations have been set forth in an attempt to lessen the risks of these incidents. Make sure you and your company are following these regulations. It’ll help save lives!
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Boston Mayor Thomas M. Menino recently issued a heat advisory reminding residents, visitors and workers to stay safe out there through the August heat. We’re now entering the third officials heat wave of the season. You’re reminded to stay shaded and hydrated to stay safe.

During this time, employers are also being requested to keep outdoor workers time in the sun to a minimum, especially during the warmest hours of the day, according to the City of Boston.

Our Boston workers’ compensation attorneys understand that heat illnesses can be deadly, and these conditions are threatening to outdoor workers. According to the Occupational Safety and Health Administration (OSHA), there are thousands of employees who get sick as a direct result of overexposure to heat each and every year. And some of these workers even die. Thankfully, these types of injuries and illnesses are completely preventable.

Who is most at risk?

-Landscapers
-Construction Workers
-Transportation Officials
-Builders
-Maintenance Personnel

-Greenhouse Workers
-Anyone who works outdoors in the Massachusetts’ heat.

How to prevent it?

-Make sure that workers are getting water every 15 minutes when working in extreme heat.

-Take a break in the shade to cool down.

– Heat Cramps: Characterized by involuntary muscle spasms, profuse sweating, normal pulse and respiration, possible dizziness.

-Consider wearing a hat and other light-colored clothing.

-Learn the signs and know that to do in the event of an emergency.

-Wear loose-fitting, lightweight clothing. Wearing excess clothing or clothing that fits tightly won’t allow your body to cool properly.

-Keep an eye on your coworkers and others on the job.

-Remember that electric fans may provide comfort, but when the temperature is in the high 90s, fans will not prevent heat-related illness. Taking a cool shower or bath, or moving to an air-conditioned place is a much better way to cool off.

-Consider getting the tougher, more extensive work done during the beginning of the day when temperatures are lower.

-Train employees about heat illness risks and how to protect themselves.

-Remove extra clothing.

What are the warning signs?

-Headaches
-Dizziness
-Disorientation.

-Hallucinations
-Rapid Pulse
-Nausea
If any of these symptoms persist, you should call 9-1-1 right away.

Workers new to outdoor jobs are generally most at risk for heat-related illnesses. For example, Cal/OSHA investigated 25 incidents of heat-related illness in 2005. In almost half of the cases, the worker involved was on their first day of work and in 80% of the cases the worker involved had only been on the job for four or fewer days.

Remember that heat is the number one weather-related killer in the United States, resulting in hundreds of fatalities each year. In fact, on average, excessive heat claims more lives each year than floods, lightning, tornadoes and hurricanes combined. Stay cool out there and stay safe through this heat.
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Officials with The Patrick Administration recently announced that more than $5.5 million was added to the Workforce Training Fund General Grant Program. According to the Massachusetts Executive Office of Labor and Workforce Development, this fund is going to help to provide useful and lifesaving training to close to 6,000 current and newly-hired workers at more than 70 companies across the Commonwealth.

Our Boston workers’ compensation lawyers understand that this grant is going to help to create more than 400 jobs by the end of 2015. But with more job positions come more risks for accidents, which is where the training comes in. The program grants help to better the record investments in worker training and education made in recent years. In the manufacturing industry alone, there has been more than $10 million awarded to more than 115 manufacturers over the last 2 years. Not only will this new grant help this industry, but it’s also hoping to help those in hospitality, engineering and financial services.

Companies have the power to help ensure the safety of all workers!

“…their ability to compete globally depends in large measure on the skills of their workers,” said Richard C. Lord, President and Chief Executive Officer of Associated Industries of Massachusetts.

Under federal law, you’re required to be provided with the proper training to keep you safe on the job, regardless of what job duties you execute. According to the U.S. Department of Labor, officials with the Occupational Safety and Health Administration (OSHA) offer a wide selection of training courses and educational programs to help broaden employee and employer knowledge on the recognition, avoidance, and prevention of safety and health hazards in their workplaces. If ignorance of specific job hazards and of proper work practices is even partly to blame for this higher injury rate, then training will help to provide a solution.

Massachusetts’ Executive Office of Labor and Workforce Development‘s Workplace Safety and Health Training currently provides training on occupational health hazards and indoor air quality problems to public and private employers, groups and organizations.

In addition to the proper training, there are other ways in which your employer is required to keep you safe on the job. They’re also required to make sure that your work space is clear of risks and dangers that could cause serious injury, sickness, illness and even death.

In 2011, there were close to 5,000 workers who were killed on the job across the U.S. In addition to these fatalities, there were close to 400,000 people injured on the job, and many of these accidents could have been prevented if workers were better trained. If you don’t have the proper training to keep you safe on the job, speak up. You should be provided with the proper safety equipment and you should know how to use it, too. Speak up and protect yourself from a costly, and potentially fatal work accident.
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As part of a settlement agreement with the national Department of Labor, officials with True North Hotel Group Inc. were forced to pay more than $22,000 in compensatory damages and back wages to a former employee who was fired from one of its Massachusetts locations after raising workplace safety concerns. According to the Occupational Safety and Health Administration (OSHA), the company has also agreed to educate all of its managers and employees about national whistle-blower rights.

The Massachusetts worker was fired back in October of 2011 after talking with their superiors about some concerns they had regarding safety on the job. After that, the worker filed a whistle-blower complaint with the OSHA. After officials investigated, they found merit to the complaint.

Our Quincy workers’ compensation lawyers understand that every worker has the right to raise concerns regarding workplace and/or health concerns without the fear or termination, demotion or retaliation. When workers are reluctant or fearful to talk about these problems with their supervisors or employers, the dangerous condition could go uncorrected until workers are sickened, injured or killed.

Now, True North is required to post OSHA’s whistle-blower fact sheet in both English and Spanish in conspicuously places at each of its locations. It’s also required to provide training materials for all workers, new-hires and managers.

In addition to giving the employee compensatory damages and back wages, the company will also have to expunge all references to disciplinary actions and termination from his personal file and provide a written neutral job reference should any future employer seek it.

The national Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting workers who report violations of various workplace safety.

Since the OSH Act was passed back in 1970, officials have expanded the whistleblower authority to help to protect workers from being discriminated against for raising concerns. These workers are protected in more than 20 federal laws.

If you believe that your employer retaliated against you because your exercised your legal rights as an employee, contact OSHA and report them as soon as possible because you must file your complaint within the legal time limits.

By law, you have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSH Act created the Occupational Safety and Health Administration (OSHA), which lays out and enforces protective workplace health and safety standards. These officials also provide information, assistance and various training and to employers and workers.

There should never be a time on the job where you feel threatened or unsafe. If so, you have the right to speak up and you have the right to change the dangerous conditions. Speak up now or speak to an attorney to help you to fight for your rights. Your safety relies on it.
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