Massachusetts Workers Compensation Lawyers Blog

April 30, 2013

OHSA Cites Nuway Tobacco for Safety Violations

Our Boston work injury attorneys know that OSHA is responsible for inspecting workplaces, responding to complaints about safety violations and ensuring that workers are protected on the job. Recently, as part of its effort to protect workers, OSHA cited the Nuway Tobacco Co.

Nuway Tobacco Co. was cited for a total of 22 alleged serious violations. The violations occurred at the company’s South Windsor manufacturing facility. Because of the numerous violations and the severity of the violations, Nuway Tobacco is facing proposed fines of $59,869.00.

Nuway Tobacco Violates Safety Rules and Regulations

OSHA identified a number of violations of safe workplace requirements when conducting an inspection of Nuway’s South Windsor manufacturing facility. These violations included:

Combustible tobacco dust generated from the manufacturing process. Workers were being exposed to this dust. In fact, there was a layer of dust up to one inch thick on a variety of surfaces including light fixtures, ducts, pipes and electrical enclosures. This dust presents a risk of fire and explosion, but workers were not being protected.
Lack of equipment to prevent the spread of fires and explosions caused by dust. Typically, there should be equipment to remove combustible dust from the air or at least to contain it and stop the spread. Sprinklers and explosion vents are just two examples of equipment that can help, but Nuway had neither. Unfortunately, the processing system at Nuway’s facility allowed for the dust to escape and build up outside of the normal work area.
An absence of interlock and isolation systems in the processing machinery. These systems need to be in place in order to prevent fires from spreading.
Missing guardrails. This put workers at risk of falling, which is one of the top causes of workplace injuries.
Unguarded moving machine parts. Workers could become caught in the machines, potentially suffering crushing and amputation injuries.
Exposed wiring. This creates a risk of electrocution for workers.
Inadequate training. Workers without training are more likely to injure themselves or others while performing their jobs.
An absence of protective equipment. Workers must be provided with appropriate protective equipment for their work environment.

There were a significant number of violations, many of which were considered to be serious violations since they had the potential to result in death or serious physical harm. The number and severity of the violations explains why the fines are so large against Nuway Tobacco Co.

Following OSHA’s citing of Nuway, the company has 15 days to contest the citations and penalties or to comply with OSHA requirements and fix the problems in their factory. Hopefully, now that OSHA has highlighted these problems and the grave dangers that the safety violations cause to workers, Nuway will institute solutions that help to keep their workers safe.

Employers need to follow OSHA guidelines to the letter and need to ensure that they are doing everything possible to maintain a working environment with minimal risks. This is true not just to avoid large fines, but also to protect the workers who keep the company running.
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April 26, 2013

Tragic Texas Fertilizer Plant Explosion Raises Questions about Safety Violations

by Jeffrey S. Glassman

On April 17, the fertilizer plant owned by West Fertilizer Company exploded in a fiery ball of flames. The plant was destroyed, along with 75 homes nearby, which were also demolished by the force of the blast. A nursing home, an apartment complex and a nearby school were also damaged. The property loss, however, was not the worst consequence of the accident. At least 14 people were killed, including a plant employee and several firefighters. Hundreds more sustained serious injury.

Following the deadly explosion, many questions were raised about just how such a tragedy could have occurred. Our Boston industrial accident attorneys know there are strict regulations in place for fertilizer plants to ensure that the plants are safe and the risk of explosion is minimized. However, as the New York Times pointed out in a recent article, this fertilizer plant fell through the cracks of regulatory oversight with devastating consequences.

Absence of Oversight Leads to Deadly Explosion

Fertilizer plants are inherently dangerous places. Fertilizer is largely made up of ammonium nitrate, a nitrogen-rich chemical that resembles table salt and that is popular with farmers for fertilizing crops. Unfortunately, ammonium nitrate is extremely combustible. In fact, Timothy McVeigh used ammonium nitrate in the Oklahoma City bombing that took place in 1995.

The West Fertilizer Company plant had this ammonium nitrate present in the plant and it was the ammonium nitrate that caused the serious explosion to occur. However, although more than a week has passed since the explosion, the New York Times points out that investigators did not know how much ammonium nitrate had been stored at the plant nor whether the nitrate had been stored in a safe manner. While there is supposed to be some regulation of ammonium nitrate, it also remains unclear which state, federal or local agencies may have been informed of the presence of the ammonium nitrate.

With the government agencies unsure of who was supposed to be regulating the plant, it is pretty clear that no one was actually monitoring it. Thus, although there were laws on the local level, the state level and the federal level to ensure safety, no one was enforcing those laws and the plant owners were likely not living up to them. As one federal official quoted in the Times said: “The whole thing may have fallen through a number of regulatory cracks.”

The fact that a dangerous fertilizer plant with an explosive chemical fell through the cracks is something that should be worrying to every consumer and every business owner alike. If even this dangerous business with highly explosive materials could fall through the cracks, there is no telling how many other potential dangerous worksites are out there just waiting for something to go wrong.

A lack of regulatory oversight and guidance could lead to another disaster, like the explosion in West Texas. A failure to enforce safety laws could also do damage on a smaller but no less severe scale as individual workers at dangerous workplaces throughout the country fall victim to injury due to unsafe working conditions.

Avoiding this unfortunate fate is essential. Not only should government authorities vow to do better when it comes to enforcing regulations in the future, but employers should also take it upon themselves to ensure that they are not putting their workers or the community at large in a dangerous situation.
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April 23, 2013

Spring Construction Accidents a Risk in Massachusetts

by Jeffrey S. Glassman

When the weather gets warm, there is one thing you can count on: construction. Construction workers hit the roads in the spring and summer to make needed improvements and repairs to private and commercial properties, as well as to improve infrastructure in Boston and throughout the United States. Construction work on government roads, private buildings and commercial establishments and the amount of work being done significantly increases right along with the temperature.

Our Boston construction accident lawyers know that these workers put their lives at risk on a daily basis. Roadside construction sites are dangerous, as are any construction zones. Several accidents have already occurred this year, leaving construction workers dead with grieving family members left behind. In light of these accidents, it is very important for construction workers and for employers to take a few minutes to think about the risks of construction work and about the ways to minimize those risks.

Construction Accidents
Construction accidents happen every day. In fact, just recently, the Boston Herald reported that a Connecticut worker was killed when working on a Massachusetts Transportation Department facility located in North Hampton.

The victim who was killed was a 56-year-old man. He became pinned in between two modular office units that he and other workers were in the process of constructing. The temporary buildings were being put together when one of the units shifted, pinning the victim. Tragically, the man who was killed left behind a wife and three children. One other worker was also injured due to the building shift and was taken to the hospital with minor injuries.

This accident occurred within days of a Boston construction worker losing his life in a New York accident. In that case, WCVB reported that the Boston worker was working on a construction site in upstate New York. He became pinned under a 40-foot-pipe that dislodged as it was being unloaded from a flatbed tractor-trailer. The pipe weight 1,7000 pounds and crushed the 24-year-old worker who had been guiding the pipe using a guide rope as it was lifted by a steel-cabled excavator.

Staying Safe
Both of these tragic accidents involved a loss of life due to workers being crushed. Unfortunately, crushing accidents are not the only ones likely to occur in work zones as more people complete construction trough the warmer summer weather. Ultimately, the only way that any worker will be safer from being crushed or otherwise injured will be to ensure that working conditions are as safe as possible.

The Occupational Safety and Health Administration (OSHA) conducts periodic inspections of worksites. Unfortunately, OSHA cannot be everywhere all the time and employers need to step up and do the right thing. Providing appropriate safety gear; ensuring workers are adequately trained; and complying with all OSHA regulations can help to save lives.
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April 20, 2013

Legislation Would Boost Boston Workplace Protections

by Jeffrey S. Glassman

Our Boston workers’ compensation attorneys have been closely following the developments surrounding the introduction of the Protecting America’s Workers Act, would would provide a much-needed update to the Occupational Safety & Health Act of 1970.

The Center for Public Integrity, which has been thorough in its ongoing series on the gaps of workplace safety oversight and protections, reports that perhaps the most substantial part of this legislation is that it would increase the enforcement power of the Occupational Safety & Health Administration.

So for example, let’s say a company that is involved in a willful violation – that is, one in which its superiors knew or should have known the dangers – and that violation leads to a death. As it stands right now, the employer could face a misdemeanor charge that would result in a maximum six months in prison. In the state of Massachusetts, you would face more jail time for illegally betting on a horse than you would for violating a safety law that results in a worker’s death.

This federal bill, if passed, would change that.

Instead of a misdemeanor, this kind of violation would be a felony, which would be punishable by up to 10 years in prison.

The other thing this bill would do is increase civil penalties. That’s something that hasn’t been done in nearly 25 years. This is important because the fine schedule hasn’t kept pace with inflation.

A serious workplace safety violation, which is one that would most likely result in serious physical harm or death, is punishable by a civil fine of up to $7,000. What the Protecting America’s Workers Act would do would be to raise that to $12,000, which would essentially just put it in line with inflation costs.

Same thing for repeat or willful violations, which right now carry a maximum fine of $70,000. That amount would be bumped up to $120,000.

Employers would still have to correct workplace dangers uncovered by federal inspectors – even if they were in the process of formally contesting the citation. Right now, that negotiation process can take years, and that means the upper hand lies with the employer. OSHA is eager to keep workers safe and the employer is just trying to bargain down the liability. OSHA usually ends up settling for costs much lower than the initial fine, simply so that the employer will move ahead with addressing the hazard.

And finally, another major thing this bill would do would be to require companies to protect ALL workers on a work site, rather than solely those that are directly employed by the firm. Hopefully, this will help to address the issue that contractor injuries, some of the most common on job sites, aren’t actually recorded or logged by the primary company doing the work. In the end, neither the government nor the public gets a clear picture of whether these workplaces are safe because, half the time, incidents that happen on site aren’t reported because the injury involved a contract worker.
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April 17, 2013

Workplace Air Quality Ailments a Major Threat to Employees

by Jeffrey S. Glassman

The director of the U.S. Occupational Safety & Health Administration, David Michaels said he would be the “first to admit” that the system currently in place to protect workers from air quality issues on the job is effectively broken.

On the one hand, our Boston workers’ compensation lawyers find it a bit refreshing to hear some honesty regarding some of the deplorable conditions that continue to exist for American employees, despite all of the funding we spend on regulation. On the other hand, this confession is deeply troubling because it means that clearly, more needs to be done to protect workers from the kinds of hazards that are posing substantial risk.

A recent story by The New York Times reveals that when it comes to workplace air quality standards, our business sector’s track record is abysmal.

Part of the reason is that it’s considered a long-term threat. It’s generally less dramatic in that the effects of such ailments take years to manifest. Most of the money OSHA spends is funneled into a quick response effort regarding dangers that are in the present, even though those slow, silent killers – asbestos, glue fumes, arsenic and lead – claim far more lives.

The agency has penned workplace safety standards for a total of 16 dangerous substances and chemicals used regularly in workplaces. But we must consider that there are literally tens of thousands of dangerous substances that workers in this country handle each and every day. Who is policing that? Usually, the employers.

When that happens, there will almost inevitably be lapses in oversight and efforts to undercut safety measures in favor of bottom line profits.

A clear-cut example of this are numerous workplaces and plants that use a dangerous chemical called nPB, or n-propyl bromide. Tens of thousands of workers in manufacturing industries such as high-tech electronics, dry cleaning and auto body have come in contact with this chemical. What’s especially troubling is that even though chemical companies and government officials have warned that long-term exposure to nPB has the propensity to cause infertility and neurological damage, companies aren’t doing enough to shield workers from these hazards. In fact, use of this substance has gone up by more than 15 times what it was just six years ago.

In the case of a furniture manufacturer in North Carolina, the chemical was used in spray gluing guns. Ventilation was reportedly poor. Yet even when workers began to fall ill, and even after federal officials determined that the levels of nPB exposure weren’t safe, the company allegedly failed to provide respirators and fans meant to vent fumes were still turned off, to save on electricity costs.

The company has said that alternatives to nPB aren’t any safer and in some cases, are more dangerous.

Toxic air on the job is accountable for a host of chronic ailments that affect some 200,000 workers in the U.S. every year. Those include mesothelioma, stonecutter’s disease, asbestosis, black lung, pneumoconiosis and grinder’s rot.

To put this into perspective, about 40,000 people in this country every year die before their time because of their exposure to dangerous substances at work. That is 10 times the number of workers who die in mine collapses or refinery explosions or other similar instances that garner far more public attention.
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April 14, 2013

Spring Roofing Safety Tips in Massachusetts

by Jeffrey S. Glassman

Roof RocketThe Department of Labor reported that there were 299 deaths caused by workers falling off of roofs from 2003 to 2010. Many of these deaths could have been prevented if proper safety precautions had been taken.

Our Boston work injury attorneys know that employers are required to comply with OSHA rules on fall protection when roofing work is performed. It is important that employers know of the rules for keeping workers safe while roofing, especially as the weather warms up and more people hire professionals to tackle outdoor projects such as putting on a new roof.

Roofing Safety Tips
Employers have the obligation to ensure that their workers are not put into jeopardy when they are doing a job. When the job the worker happens to be doing is up high on a roof, then employers must make absolutely sure that they do everything possible to prevent a devastating or deadly fall.

Federal rules make clear that proper safety precautions should be taken any time construction activities are performed that require a worker to be more than six feet up off the ground. Roofing, of course, is an activity that mandates workers are higher up than this.

As such, the fall protection requirements for roofers include protection through a safety net system; guardrail system or a personal fall arrest system. Employers must comply with OSHA requirements and all federal rules or they risk not only having to pay workers’ compensation claims but also facing OSHA citations and fines.

Workplace Safety Experts.com also outlines some key tips for roofing safety while working on a roof. Their tips include:

The roofer wearing a safety harness at all times.
The roofer wearing a hard hat.
The use of caution tape around a building alerting people to the fact that there are roofers on the roof.
Ensuring that the ladder rises at least two feet above the rooftop in order to ensure that the ladder is sturdy.
Carrying tools up to the roof not using your hands but instead using a tool belt for smaller tools and a pulley system for larger ones.
Checking all safety gear before starting the job. It is important to ensure that it is in good condition and that it is not breaking, broken, frayed, torn or scratched.

Workplace Safety Experts also addresses other safety tips to protect roofers from non-fall injuries that could occur on the roof. For example, workers should point their air knife away from the body when cutting shingles to avoid cutting themselves; should consider wearing knee-pads to protect their knees while on the roof; and should wear work glove to protect their hands from shards from wood and shingles. While fall accidents tend to get the most attention when it comes to roofing accidents, these issues are important to keeping a worker safe as well.
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April 12, 2013

Low Wage Workers Deserve a Safe Work Environment

by Jeffrey S. Glassman

Truth-Out.org, a 501(C)(3) nonprofit with a progressive focus, recently published an article taking a look at legislation across the states to undermine the rights of workers. The article discussed a so-called war on workplace rights targeted at low-wage workers.

This article was published shortly another story in February of 2013 on EHS Today addressing the plight of low wage workers who get hurt on the job.

Unfortunately, as these and many other recent news stories show, workers are currently struggling and losing the battle to secure reasonable working conditions. In addition to attacks on minimum wage and the right to form unions, these workers also deal with the grim reality every day that their employers prioritize profits over people. Our Boston workplace injury attorneys know that this profit-focused mindset may also result in employers creating an unsafe work environment, putting workers at greater risk of the serious injuries that would cause them such financial harm.

Low Wage Workers Deserve a Safe Work Environment
Low wage workers work in many different industries, but one of the most notorious is the fast food industry. Fast food jobs are known to present many risks, including the dangers of inhaling emissions at the drive-thru window; cutting or burning yourself; or injuring your body through heavy lifting or repetitive movements. Unfortunately, workers in these jobs often have limited incomes, may not make enough to get medical help to take care of themselves, and usually don’t get paid sick leave.

The tough working conditions have, according to MSN, sent some workers into the streets to protest their low wages and to demand a living wage. The workers have expressed that they are “sick and tired of being sick and tired,” and believe that they should be making $15 per hour for the work performed.

While protesting wages may be the immediate focus of the workers, however, the recent EHS Report identified another big problem that these workers face: the losses that they would endure if they get hurt while they work. According to EHS, injuries and illnesses among low-wage workers cost more than $39 billion in 2010, in part because these workers have no paid sick leave and thus lose money when they stay home and miss work to recover from a work-related illness. These workers could struggle to buy groceries and pay rent due to an injury that causes even a day or two of missed work.

This should not be the case. Employers need to ensure that they are not leaving low-wage workers to work in a job that puts them at risk of being hurt. Workers should have the proper training to do their jobs successfully and the work environment should be maintained so as to avoid the risk of injury occurring.

If and when a workplace injury happens, the workers shouldn’t have to fear that they won’t be able to pay their bills but should instead understand that workers’ comp covers their costs. Many lower wage workers may be unaware of their right to make a workers’ compensation claim or may not understand the process and it is imperative that these workers are informed of their rights so a workplace injury doesn’t cripple their fragile economic state.
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April 8, 2013

Increase in Teen Summer Jobs Raises Concerns about Workplace Safety

by Jeffrey S. Glassman

In recent years, teenagers have had a tough time finding summer employment while off from school because of a tight job market. According to NBC News, however, this may be less of a problem this summer as economic momentum improves and there are more jobs available. While it is uncertain whether the sequester will have any impact on reducing or limiting hiring, the current news is good for teenagers and more may find themselves hired to do work this summer season.

While the news is good that more teens may find desired employment, our Boston work injury attorneys know that teenagers face some unique risks in the workplace. Teenagers, like all workers, could potentially get hurt on the job. However, due to the nature of the jobs that they take as well as their general inexperience, young workers may be at an especially great risk of suffering a workplace injury.

Teen Worker Safety a Top Priority
NBC News reported that managers responsible for hiring hourly summer workers indicated an intent to add an average of 30 workers over this summer season. This is an increase from the 27 workers that were added over the course of the last summer. This increase in available jobs is good news for 16 to 19 year olds with an unemployment rate of 25.1 percent in February.

However, many of these jobs are in food service and landscaping work, two jobs that have a high risk of injury. In fact, Work Safe Center indicates that around 3 million teenagers do summer work in food service and that around 230,000 of them are hurt on the job each year.

Teen workers in the restaurant business could be at risk of burn injuries; slip and falls or repetitive stress injuries; and theft crimes in the workplace, among other risks. Teens performing landscaping work, on the other hand, do physical jobs often using machines such as lawnmowers or saws. These teens could damage their bodies or hurt themselves as a result of a tool they are using.

It is up to employers to ensure that they are protecting their teenage workers who they bring on this summer. Some tips to help make the workplace safer for younger workers include:

Understanding child labor laws and age restrictions. There are many jobs that cannot be done by people under a certain age. For example, using certain types of machinery such as meat grinders or slicers may be prohibited for young teen workers.
Providing proper workplace training. Teens are inexperienced and might not understand how to protect themselves in a work environment. All teenagers should be trained on all aspects of their job including the safety rules for the workplace.
Ensuring appropriate supervision. A manager or trained staff member should be on duty to ensure that teens aren’t putting themselves into risky or dangerous situations, especially when young workers first take a job.
Maintaining a safe work environment. Teens desperate for work with such high unemployment rates may be willing to put up with unsafe conditions, especially since most young people don’t know their rights under the worker protection laws. Employers should not take advantage of these teens but instead should ensure the workplace is safe and meets all OSHA requirements.

When a teen is injured at work, especially seriously injured, this can have devastating consequences on the rest of his life. Avoiding such a tragedy should be the top priority for every employer.
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April 4, 2013

Working Near Diesel Engines Fueling Increased Health Risks

by Jeffrey S. Glassman

Diesel engines are everywhere — and they’re often hazardous to employees. According to the Occupational Safety and Health Administration (OSHA), these kinds of engines are used to power a number of different kinds of vehicles, heavy machinery and equipment. There are also a number of industries that use these engines, including mining, agriculture, construction, maritime, manufacturing operations and the transportation industry.

The primary hazard is the exhaust that these engines produce. This gas contains a mixture of small particles and gasses that can create serious health hazards when they’re not properly controlled.

Our Boston workers’ compensation lawyers know Diesel Particulate Matter (DPM), which is a component of the exhaust that includes dangerous particles like silicates, sulfates, ash, carbon and metallic abrasion particles, is an increasingly studied risk faced by many employees in varied workplaces throughout the United States. Workers with potential exposure risks to these materials include those in many industries. All workers in the vicinity of these engines and diesel fumes are at serious risks.

What are the short-term health effects of diesel exhaust?

-Headaches
-Eye Irritation
-Dizziness
-Throat Irritation
-Nose Irritation
What are the long-term health effects of diesel exhaust?

-Cardiovascular Disease
-Respiratory Disease
-Lung Cancer
-Cardiopulmonary Disease
So we know about the risks that are associated with exhaust fumes and particles, but what can we do to avoid them?

It’s important that you’re limiting your speeds and using one-way travel routes. This is going to eliminate traffic congestion and close run-ins with exhaust. Make sure that operators are limiting their time idling or lugging engines. It’s also a good idea to limit the total horsepower of the operating engines. This helps to reduce fumes emitted. There should also be areas that are off-limits for diesel engines.

To help to control the exposure to these kinds of fumes, employers should be making sure that they’re performing preventative maintenance on their diesel engines. They should have the proper exhaust filters, should be clean burning engines and should have diesel oxidation catalysts. All of the cab areas in these machines and vehicles should have air filters. Workers should not be exposed to these fumes on the job. Another way to manage the intake of these fumes is to install main or auxiliary ventilation systems. These can be installed as a stack exhaust or a tailpipe exhaust. All of these preventative measures will help to keep your workers alive and well.

Your best bet is to stay away from these engines. Limit your time working near them and make sure you’re getting enough fresh air. It all sounds so simple, but too many workers are spending their work day in close quarters with this machinery — and their health is suffering because of it.
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March 31, 2013

Stone-Cutting Landscapers and Amputation Risks

by Jeffrey S. Glassman

You might want to be a little more careful if you work in the landscaping industry. Officials with the Occupational Safety and Health Administration (OSHA) just released a new publication to warn workers about the hazards that are involved when using stone-cutting machines. The purpose of this publication is also to help to reduce — and ultimately eliminate — the risk of injury when using these devices.

Our Dedham workers’ compensation attorneys understand that these stone-cutting machines, also known as stone slippers, stone cutters, stone masons and rock cutters, have hydraulically operated rams that are used to cut and split stone products. These machines come as portable or stationary devices. They also come with high risk for cut, laceration and amputation injuries. The Bureau of Labor Statistics (BLS) reports that there were close to 200 injuries reported in 2010 from using shears, which are similar to stone cutters. Of these accidents and injuries, about 50 were punctures, lacerations and cuts. They usually result when these machines and devices are not properly guarded.

Accident Prevention Methods:

-Use guards. These can help reduce the worker’s access to the blades on the machine. This is oftentimes referred to as the “point of operation.”

-Ensure that these guards and their components are installed properly and that they are inspected daily.

-Make sure that all workers operating these devices are provided with the proper training, instruction and information to use them. Uneducated and under-qualified workers run a higher risk of accidents and injuries.

-It’s important to remember that employers and companies are required to provide healthful and safe workplaces for all workers. It’s all listed as a part of the Occupational Safety and Health Act of 1970 (OSH Act).

We’re here with some safety measures that can help to reduce the risks of these kinds of accidents.

Identify risks and hazards before operation:

-Make sure workers are guarding the point of operation. Their body should be no where near this area during operation cycles.

-Check before use. Does the machine have the proper guard?

-Can the guard be easily bypassed or moved?

-Does the guard do its job? Make sure operators cannot get their fingers or hands anywhere near the danger areas.

-Inspect routinely. Are there any changes that could be made to make these devices safer for all employees?

-Are you reading, understanding and operating by the recommendations from the manufacturer?

Each and every year, there are close to 140,000 people who suffer an amputation injury. Men are more likely to suffer this kind of injury — especially those between the ages of 41 and 70.

Don’t let it happen to you. Make sure all dangerous devices are equipped with the proper safe guards on each and every work site.
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