Massachusetts Workers Compensation Lawyers Blog

March 3, 2013

OSHA Cites Massachusetts Wholesale Food Manufacturer/Distributor

The Occupational Safety And Health Administration (OSHA) is in charge of setting and enforcing safety standards throughout the United States. Recently, OSHA conducted an inspection of a Massachusetts wholesale food manufacturer and distributor to determine if the distributor was living up to its obligations. Unfortunately, OSHA found that the distributor was falling short and cited and fined the company.

The manufacturer/distributor was Progressive Gourmet Inc., and it now faces $73,400 in fines. Our Boston workers’ compensation attorneys understand employers are in the best position to prevent workplace injury. We hope that OSHA’s tough actions in this case will serve as a reminder to all employers within the state that complying with worker safety regulations needs to be a top priority.

Massachusetts Wholesale Food Company Fined for Violations
OSHA began conducting inspections of Progressive Gourmet Inc. in September of 2012 in response to complaints from employees. OSHA discovered some troubling conditions during these inspections. For example, OSHA found that:

The facility did not have adequate safety procedures in place to prevent machines such as ovens, conveyers and cookers from starting unintentionally when workers performed service and maintenance. As a result, workers were in danger of becoming seriously injured if the machines turned on as work was being done.
The facility failed to provide training and information on powering down and locking out the power sources of machines before performing maintenance on them. This could lead to electrocution and electrical burns for employees performing machine maintenance. Fines for this offense, combined with fines for the offense of failing to have procedures to prevent machines from starting unintentionally, would total $55,000.
The manufacturer failed to conduct routine inspections and to keep up with maintenance to ensure that the anhydrous ammonia refrigeration system in the plant was operating safely.
The facility did not have sufficient space between overhead piping containing ammonia and materials stored below the piping.
The facility had wet floors where work was being performed, creating a tripping hazard. For the failure to inspect and maintain; the insufficient piping; and the wet floors, Progressive Gourmet Inc. was charged $18,400 in fines.
The perspective fines total a large sum – $73,400- due to the seriousness of the violations as well as due to the multiple violations. When there is a hazard that employers know about or should know about and that hazard puts employees at risk of death or serious harm, then the safety violation is a serious one with a substantial fine.

Employees in this case could have been at risk of exposure to ammonia, which could make them very sick or even cause death. Employees also could have been electrocuted, crushed or otherwise injured due to machines starting during maintenance or electrical surges while machines were being worked on.
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February 27, 2013

OSHA 2012 Inspection Plan to Reduce Injuries and Illnesses at Hazardous Worksites

by Jeffrey S. Glassman

The Occupational Safety & Health Administration (OSHA) is continually trying to make workplaces safer for employees. This is especially true on worksites where there is high risk of injury or where there are many hazards. OSHA aims to fulfill its goal of preventing worker injuries and deaths by using a number of means including setting employer regulations and inspecting worksites.

On January 8, 2013, OSHA issued a trade news release outlining some specific steps it plans to take in 2013 in order to try to tackle some key issues at “high-hazard” workplaces. Our Boston workers’ compensation lawyers support OSHA efforts to try to make these dangerous worksites safer.

OSHA’s 2012 Plan for High-Hazard Worksites
OSHA created its inspection plan for high hazard workplaces under the Site-Specific Targeting 2012 program (SST program). The program aims to direct the agency’s enforcement resources to non-construction worksites with 20 or more workers and with the highest risk of illness and workplace injury.

To create the list of targeted workplaces that will be subject to SST inspections, OSHA reviewed injury and illness data collected from a survey of more than 80,000 large establishments. The data was analyzed to identify at-risk worksites and industries where inspections will be focused.

In order to determine the effectiveness of the SST program, OSHA also announced it will be conducting a study this year. The study will focus on 1,260 SST establishments that are randomly selected. By examining the impact of OSHA’s SST plan at these locations, OSHA can make a determination whether its targeted efforts have improved safety records and reduced injury. This will be helpful in providing guidance for OSHA on how to continue its targeted inspections in the future.

OSHA also announced that nursing and personal care establishments would not be considered part of the SST program this year, although they were in the past. Inspections of these worksites will be facilitated by OSHA’s Nursing and Personal Care Facilities National Emphasis program, thus opening up the door for other targeted inspections in other industries under SST.

By identifying specific industries where enforcement efforts are to be targeted and by streamlining and studying the list of inventories where efforts are focused, OSHA will hopefully help to make some of the most dangerous worksites a little bit safer for workers.

State and Local Inspection Programs also a Concern For OSHA While announcing their plans for site specific targeting, OSHA also issued a reminder that other high-risk industries and hazards are also subject to careful inspection. In fact, OSHA has approximately 140 Regional and Local emphasis programs that allow for programmed inspections to target high-risk industries and hazards on the local level. These are separate from their SST inspection focus.

These Regional and Local emphasis programs supplement the eleven National Emphasis Programs that OSHA uses to direct resources to inspect for lead, silica and process safety management issues.

OSHA, therefore, made clear that its 2013 plans will continue the agency’s efforts to both focus resources on high-hazard worksites under site specific targeting programs but also to continue to provide widespread monitoring and regulation on the most dangerous workplace issues across all industries.
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February 25, 2013

Forever 21 Busted for Endangering Workers — Twice!

by Jeffrey S. Glassman

You might not think that working in a clothing store could be all that dangerous. That’s not the case for workers at the Forever 21 in Burlington. According to officials with the Occupational Safety and Health Administration (OSHA), the Forever 21 store at the Burlington Mall was slapped with two repeat citations. These citations came with fines totaling nearly $60,000.

The retail chain, based out of Los Angeles, reportedly exposed employees to exit access hazards and struck-by risks. These dangers were discovered.after an inspection last December.

Our Burlington workers’ compensation attorneys understand that stock rooms can get pretty messy. There is no reason to put workers at risk for a potentially serious accident just because you’ve got a lot of inventory. There are ways to properly and safely store everything in the workplace. It just takes a little bit of time, effort and thought to get it done the right way.

According to incident reports, there were piles and piles of stock in the store’s backroom. These boxes were not secured to anything and could have easily fallen or collapsed. In addition to this safety issue, officials observed that the store’s emergency exit route was blocked by a number of boxes as well. If there was a fire, those workers were not getting through and out to safety very quickly.

This isn’t the first time this company was cited for these problems. In 2011, the company received the same violations and warnings for its store in Bridgewater, New Jersey. You get a repeat violation when you’re busted with the same hazard more than one within a five-year period.

“Improper storage of stock and inadequate exit routes can and do put workers at risk of serious and severe injury,” said Jeffrey A. Erskine, area director for OSHA.

Whether you have one or fifty workplaces within your company, you’re required to make sure that each and every one of them is safe for all employees. You want to make sure that there are no dangers dangling above their heads. Whether it’s boxes or steel hanging from a crane, you want to make sure that the workplace is under control, that there are procedures in place to help to prevent these types of accidents and that employees are provided with the proper safety equipment and training to complete their duties.

In 2011, there were more than 470 U.S. workers who were killed in struck-by-falling-object accidents in the U.S. According to the U.S. Bureau of Labor Statistics, these kinds of accidents accounted for roughly 10 percent of all workplace fatalities.

If you feel like you’re in danger on the job for any of these kinds of accidents, you’re asked to speak up. You have a legal right to be concerned and proactive with your safety. Speak with a manager, a supervisor or an owner if you feel there are any risks for stuck-by accidents at your place of work.
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February 22, 2013

Protecting Outdoor Workers in Wicked Winter Weather

by Jeffrey S. Glassman

Most of us would like to snuggle up by the fireplace and admire the snowy weather from the warmth of our own home. But for many others, that winter weather is an office. We’re talking about those who work outside all day, each day, season after season.

Many workers love this kind of work. Many enjoy working so near to Mother Nature. Those are the ones who can’t imagine working in a cubicle and those are the ones who face some of the most serious risks for accidents on the job when the weather turns inclement.

According to the Boston Globe, many of the area’s government agencies employ these workers, including the Massachusetts’ Environmental Police. These officials work to promote and enforce the laws of the Commonwealth. This helps to protect our environment and the natural resources it offers. This job calls for a lot of time outside, in the woods and on the water.

Our Boston workers’ compensation attorneys understand that prolonged exposure to freezing or cold temperatures may cause serious health problems. These problems can include frostbite, hypothermia and even trench foot. Many of these conditions can be serious or even fatal.

“You learn to dress for it,” said a local park ranger. “I may not be a fashion plate, but I’m not cold. I may look like one of those guys from Stalingrad, but it gets the job done.”

Luckily, there are ways that we can help to keep these workers safe. Read and review the following safety pointers and make sure that all of your outdoor workers are following along.

-Be sure that everyone understands and is able to recognize the symptoms and conditions of cold-induced illnesses and injuries. You also want to make sure they understand the steps that need to be taken when these conditions are identified.

-Make sure that all workers are properly trained.

-Be sure that workers are wearing the proper clothing when working in cold, wet and windy conditions.

-Make sure that employees who are working in extremely cold conditions are taking frequent, short breaks in warm and dry areas to let their bodies warm up.

-Try to have your workers complete outdoor tasks during the warmest part of the day.

-Make sure no one is out there working alone. The buddy system is the best way to help to keep worker safe.

-Make sure that all workers are getting plenty of fluids. To be more specific, they should be consuming warm sweet beverages. Try to stay away of drinks with caffeine.

-Use thermal insulating material on equipment handles when temperatures drop below 30°F (-1°C).

Extreme cold weather is a dangerous situation that can bring on health emergencies in susceptible people — and some of the most susceptible people are our outdoor workers. Make sure you’re prepared for all weather conditions.
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February 17, 2013

Massachusetts Construction Vehicle Accident Critically Injures Worker

by Jeffrey S. Glassman

An employee in Andover, working on a large bridge project, has sustained massive injuries as a result of a Massachusetts work accident in which he was pinned between two rear tires while at the work site.

Our Boston workers’ compensation attorneys understand the subcontractor employee is fighting for his life, with major internal and external injuries sustained to his lower extremities.

Investigators are still working to piece together the details, but so far, we know this:

Crews were onsite working on the railroad bridge crossing over the Shawsheen River.

It was shortly before noon when the driver of a tractor-trailer truck was working to attach a trailer to the back of his cab. For reasons that aren’t yet clear, the vehicle shifted, causing the tractor to roll backward. The worker was left pinned.

He was stuck there until emergency rescue crews arrived. Even then, crews weren’t able to lift the extreme weight of the tires until they employed inflatable, pneumatic bags. At that time, he was conscious and alert, but he had to be airlifted to a nearby hospital.

This is quite common in pinning injuries, where the release of pressure on the extremity from removing that heavy object quickly can actually be toxic – even fatal. That’s why in some pinning situations, amputations have to be performed on site.

That does not appear to have been the case here, but we are still awaiting all the facts. An investigation has been launched by the construction company, as well as the Occupational Safety & Health Administration and the Massachusetts State Police and local police and fire officials.

OSHA statistics show that the majority of roadway construction injuries occur when a worker is struck by a piece of construction equipment or vehicle. OSHA reports that some 100 highway construction workers are killed each year, and another 20,000 are injured.

In Massachusetts, the Centers for Disease Control reports there were nine roadway construction zone fatalities in 2009 and eight the year before.

In the four years between 2003 and 2007, nearly 640 workers were killed on road construction sites, representing about 8 percent of all construction industry work deaths. More often than not, it was not a passing vehicle that put the workers’ lives in jeopardy.

In more than half of these cases, it’s not a passing vehicle that’s to blame – it’s the equipment and vehicles within the construction zone that are the greatest risk. In fact, 60 percent of road construction site fatalities occurred when workers were struck by mobile equipment or vehicles that were backing up.

Contracting agencies on road construction projects are advised to take the following precautions:

Work out a streamlined process for reviewing and approving changes in the work zone set up, as identified by safety concerns;
When possible, close the road around active work zones entirely, and reroute traffic;
Consider equipping workers with additional safety equipment such as sensors, intrusion alarms and handheld radios.

February 11, 2013

Keeping Workers Safe from Hypothermia

by Jeffrey S. Glassman

Winter presents many dangers to workers that do not exist during the warmer months. Recently, our Boston work injury attorneys discussed the hazards presented by winter storms to workers. Today, we want to urge employers and workers to consider another major risk: the risk of developing hypothermia.

Any worker who works outside or in a cold/unheated environment is potentially in danger of developing hypothermia. It is the responsibility of employers to make sure that they do not put their workers into a dangerous situation where hypothermia is likely to occur. It is also the responsibility of employers to ensure that workers are warned of the dangers of hypothermia and adequately trained to observe the warning signs and avoid this dangerous condition.

OSHA Warnings on Hypothermia for Workers
Hypothermia occurs when the body cannot warm itself. When the temperature becomes too cold, the tissues of the body can become damaged. In some cases, the tissues will become so damaged and the body systems will become so cold that they shut down and death results.

Many people assume that hypothermia occurs only when it is freezing but OSHA cautions that this simply is not true. It is possible for hypothermia to develop even if the temperature on land is above freezing and it is possible for the condition to develop in situations where the temperature of water is below 98.6 degrees Fahrenheit. Hypothermia can also develop slowly if a person is wearing wet clothing and is chilled by low temperatures or high winds.

A worker who is exposed to extreme cold or freezing water and who begins to develop hypothermia will usually first simply feel cold. The deeper layers of the skin and tissue will begin to freeze and the skin can start to feel numb and hard and turn waxy-white or pale. Usually the fingers, hands, feet, toes, nose and ears will be affected first.

Protecting Workers from Hypothermia
Any worker exposed to cold weather is potentially at risk of developing hypothermia. However, those at the greatest risk include workers on certain medications; workers in bad shape; or workers with preexisting health conditions including heart problems or diabetes.

To protect workers, employers should:

Be aware of the conditions that can lead to hypothermia
Know the signs of hypothermia and educate workers on the signs
Contact emergency assistance as soon as the symptoms of hypothermia begin to develop
Establish a policy wherein workers exposed to cold take frequent breaks in warm, dry areas to allow the body to return to a normal temperature
Ensure workers have the proper clothing to protect their bodies in cold, wet and windy conditions
Schedule outside work for the warmest part of the day
Ensure that workers work in pairs

These are just a few of the key suggestions that OSHA makes to help avoid hypothermia and cold weather injuries. Employers must take responsibility for protecting their workers during these cold winter months.
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February 8, 2013

More Safety Tips for Young Workers in the Restaurant Industry

by Jeffrey S. Glassman

Recently, our Boston work injury attorneys took a look at OSHA’s explanation of dangers for young workers in the restaurant injury. Our previous article focused on the dangers that youth workers face when serving to customers and when doing clean up. However, there are also other risks that can cause injury to the many young employees who turn to the food service industry for their employment.

Today, we are taking a look at some of the other hazards that exist including the dangers that drive-thru workers face as well as the dangers to the young people who prepare and cook food.

Drive-Thru Dangers for Young Workers
Drive-thus are very common in the fast food industry and allow young workers to interact directly with customers. Some of the risks that these young workers face when manning the drive-thru include:

Noise: Excessive noise can cause permanent hearing loss. To minimize the risk, it is important for employees to have a headset that fits properly and that has an appropriate volume level.
Sprains and strains: Reaching, leaning and lifting can all strain the body and those doing drive-thru work routinely have to do the same repetitive motions over and over. To minimize the risk to workers at drive-thrus, workers should avoid reaching too far when serving food and avoid twisting when they are lifting. Employers must design the drive-thru window to minimize strain and should routinely rotate workers through drive-thru service to give the body a break.
Workplace violence: Workers interact directly with customers who may want to do them harm or rob the restaurant. The danger can be minimized by using drop boxes to deliver food late at night. Employers should also follow child labor laws, including those prohibiting workers under 16 from working after 7 P.M. during the school year or after 9 P.M. during summer months.
Standing for long periods of times: The back and legs can be strained and damaged due to standing for long periods of time at a drive-thru window. Wearing comfortable shoes can help and employers should provide a stool, foot rest bars and/or anti-fatigue mats.
Exposure to car exhaust: Workers at drive thrus routinely inhale car exhaust which contains carbon monoxide and other chemicals. The drive-thru window should be kept closed as much as possible and employers need to make sure that adequate ventilation and a reverse-flow fan system minimize exposure to pollutants.

Cooking Dangers
While drive-thrus are dangerous, cooking and preparing food also present risks to young workers. The risks include:

Burns
Fire hazards
Heat hazards
Electrical hazards
Machine guarding dangers
Knives and cuts
Dangerous kitchen equipment

In order to protect young workers from cooking dangers, employers must provide proper training and supervision. They must ensure that child labor laws are followed, including those prohibiting workers under 18 from operating, adjusting or cleaning power-driven equipment including bakery mixers and meat slicers. These and other OSHA guidelines on restaurant work and child labor can help to ensure that these risks do not lead to a workplace injury for younger restaurant workers.
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February 6, 2013

Safety Tips and Advice for Young Workers in the Restaurant Industry

by Jeffrey S. Glassman

For many young workers, work in food service is the best available job. There is almost always demand for food service workers, either in fast food environments, casual or formal restaurants and these types of environments are often more receptive to hiring people who are younger and who have limited job training and experience. Younger workers can also do well in the restaurant industry if they are able to find a position where tips are paid.

Unfortunately, while the restaurant industry provides jobs for many youth, the industry also presents some significant risks to these young workers. Our Boston work injury attorneys will be taking a look at some of these top risks in a two part series on young restaurant workers.

The Top Risks to Young Workers
The Occupational Safety and Health Administration (OSHA) has identified some of the top dangers that young workers face when performing various essential tasks involved in restaurant worker. OSHA tackled serving; cleaning up; drive-thru work; food prep; cooking and delivery as well as other dangers involved in food service.

For workers who are serving food, for example, the biggest dangers include:

Sprains: Sprains can occur due to balancing too many plates or glasses; balancing heavy trays; lifting heavy containers of dirty dishes; reaching across to serve or clear tables; and moving tables or chairs to provide customer seating. They can be avoided by using proper posture when serving; limiting the items carried; moving glasses and plates towards you rather than reaching; and keeping your elbows close to the body when carrying
Slips, trips and falls: Slip and falls can occur due to slippery floors; busy and congested areas; uneven floor surfaces; blind corners and stairs; and single entry doors to the kitchen. They can be avoided by wiping spills and ice from the floor immediately and wearing non-slip shoes.
Burn injuries and scalding injuries: Burns can occur when operating machines that prepare hot drinks or when serving or preparing hot drinks or foods. Servers should be properly trained and should use caution when dealing with hot items to avoid burns.
Workplace violence: Workplace violence commonly occurs when restaurants are robbed, especially as thieves often know that cash registers contain lots of cash. The risks of workplace violence can be avoided by keeping the cash register locked and in site of other customers; by avoiding counting cash in public; and by properly training employees on how to deal with robbery.
Cuts from knives and sharp objects: To avoid cuts, workers should not use glasses to scoop ice; should pay careful attention when using knives and should be trained in their safe use; and should avoid picking up broken glass with their hands.

Workers who are cleaning up face many of the same dangers that workers who are serving do, including strains; slips and falls; burns and cuts. However, they also face other risks including potential exposure to electrical hazards and hazardous chemicals. Proper training, proper equipment maintenance and safe workplace practices can minimize the risk to those young workers who are on the cleaning crew.

Keeping Young Workers Safe
These are just a few of the major hazards that affect young workers in restaurant environments. Our Boston injury attorneys will also be addressing other risks to young workers in Part II of our series on restaurant dangers.
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February 3, 2013

Employer Responsibility for Winter Storm Dangers

by Jeffrey S. Glassman

It’s been cold and snowy in Boston this winter, creating an increased risk of car accidents and other winter storm dangers. With several more months of winter remaining, our Boston workers’ compensation attorneys urge all employers to heed OSHA’s guidelines on keeping workers safe during bad winter weather.

When issuing its guidelines, OSHA includes a reminder that every employer is responsible for providing a safe workplace and for securing the safety and health of workers. When a worker suffers any type of injury at work, employers can become liable for paying workers’ compensation benefits. Employers, therefore, have strong financial incentive to do everything possible to protect their workers this winter in addition to their moral obligation not to put their employees in harms way.

Winter Danger to Workers
OSHA cites information from the National Weather Service about the types of winter dangers that workers face. According to this data, approximately 70 percent of injuries attributed to winter storms occur as a result of auto accidents. Another 25 percent of injuries occur when people are trapped out in the storm.

Workers are at risk of both types of injuries. Many workers, including those in snow removal and construction, perform work outside during all types of weather. These workers could easily be caught in a winter storm. Workers also routinely drive for work, whether they are bus or truck drivers who drive for a living; salesmen who travel to visit clients; or office workers running necessary errands for their bosses.

How to Protect Workers
To minimize the risk of anticipated dangers from winter storms, OSHA lays out a multi-step process for employers. The steps focus on planning; equipping workers for safety; providing proper training; knowing the warning signs and staying informed.

OSHA addresses storm preparedness first. They advise employers to carefully monitor weather news sources so they can be adequately informed if a winter storm is coming. Employers should be aware of the different types of weather watches and warnings including:

Winter storm watches: A storm is likely
Winter weather advisories: Conditions may be dangerous, especially to drivers
Frost/freezing warnings: Plants and crops could be damaged by the ground freezing
Winter storm warnings: The storm is entering the area and it is time to take action
Blizzard warnings: A bad storm is coming
Wind chill: High winds and cold temperatures combine to make it feel colder than it is.

In addition to paying attention to the different winter weather warnings, OSHA also suggests:

Preparing vehicles by performing maintenance and inspections and carrying blankets; snow brushes; extra clothes; flashlights; water; and other safety equipment and storm gear.
Preparing workers to respond in the event a problem develops. This includes helping workers to understand what to do if they are trapped in their vehicles; providing tips for shoveling; training workers on safe removal of downed trees or damaged power lines; training workers on safe snow blower use; and advising workers on how to prevent frost bite or hypothermia when working outside.

By following these and other winter preparedness tips provided by OSHA, employers can hopefully help to ensure that their workers do not get hurt over this cold winter season.
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February 1, 2013

OSHA Reminds Employees About Carbon Monoxide Dangers

by Jeffrey S. Glassman

The weather is cold in Boston this winter, which has prompted the use of fuel burning heaters and which has also prompted most businesses to keep their windows and doors tightly closed. Unfortunately, as more fuel burning equipment is used and as ventilation sources are closed, workers may be at greater risk of becoming injured or suffering death as a result of exposure to carbon monoxide.

In light of recent tragic deaths due to carbon monoxide exposure, and in preparation for ongoing winter cold, the Occupational Safety and Health Administration released an important reminder on January 28, 2013. Our Boston workers’ compensation attorneys want to make sure every employer and employee takes note of OSHA’s reminder to protect workers from the dangers of carbon monoxide. Prevention and exercising reasonable care can save lives and following OSHA’s tips is essential to staying safe.

Winter Carbon Monoxide Risks
According to OSHA, workers die every single year as a result of exposure to carbon monoxide poisoning and many of these deaths occur when fuel-burning equipment is used and/or when carbon monoxide is released into exposed spaces that are lacking in appropriate ventilation.

Recently, for example, a worker in a warehouse in New England was found unconscious and experiencing seizures. The worker was in an enclosed building with windows and doors shut to keep the heat inside, and was exposed to carbon monoxide within the space. Several other workers at the facility also become ill and high levels of carbon monoxide were identified.

Warehouse workers are just one example of the type of worker who may be in danger. Any worker could potentially be exposed to carbon monoxide since carbon monoxide is everywhere. For example, some of the common sources of carbon monoxide include:

Gas generators
Space heaters
Furnaces
Power tools
Welding equipment
Compressors
Pumps

Gas generators are commonly used during winter power outages, while furnaces and space heaters are also more commonly used during winter than during the warmer months. The added use of fuel-burning equipment in cold months coupled with the fact that many buildings close off sources of natural ventilation by closing windows and doors can explain why this warning is especially important during the winter months.

How to Protect Workers and Stay Safe
OSHA recommends several steps that employers can take in order to prevent carbon monoxide dangers to employees. Tips include:

Having an effective ventilation system in place
Avoiding the use of any fuel burning equipment in spaces that are either enclosed or that are partially enclosed
Making use of carbon monoxide detectors in any locations where fuel-burning equipment is used. The detectors should have an audible alarm
Maintaining equipment including heaters and generators in good working order
Performing regular tests on the air in areas where carbon monoxide is likely to be present
Educating workers about the dangers of carbon monoxide exposure if they are in situations where they are likely to be at risk. Workers should be aware both of the sources of carbon monoxide and of the risk to their health when exposed

Following these safety tips is very important in order to prevent serious injury or death due to carbon monoxide exposure.
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