Massachusetts Workers Compensation Lawyers Blog

A recent trucking accident in Quincy took the life of an oil truck driver after his truck ended up pinning him against a wall.

The accident happened at the former Fore River shipyard as the worker was preparing to transfer fuel from his truck to a commuter boat, according to the Boston Globe. Accident reports indicate that the truck’s brakes failed and that’s what caused the truck to move.

There was a man inside the truck when the accident happened. He was able to get the truck into gear and move it to free the 42-year-old worker who was pinned. Unfortunately, after receiving CPR onsite from Quincy emergency response teams, the victim was taken to the Quincy Medical Center where he was later pronounced dead. The accident is still being investigated.

Our Quincy workers’ compensation attorneys understand that in some cases truck drivers are at no fault for an accident and it may be the fault of the company. Sometimes they happen because of faulty equipment. Just as in any other work environment, all employees are to be provided with the proper equipment and safety devices to complete the job safely and injury free. When your occupation involves driving a large truck or any other kind of motor vehicle, employers are required to make sure that these vehicles are in good working order, their parts are up to date and that everything is routinely checked.

There are a number of components that can contribute to an accident, including tires, hydraulics, brakes, locks, load straps, etc. These devices need to be routinely and thoroughly checked to make sure that they’re not putting employees at any unnecessary risks for an accident. Sometimes there can even be vehicles that come straight from the manufacturer with defective parts already installed on them. Still, companies are required to seek out the proper replacement or repairs for these vehicles. If a company knew about these defects and did nothing to correct them, the trucking company may ultimately be responsible for any injuries.

Determining fault in these cases is no easy task. Many times, the financial stakes are high and both trucking companies and truck manufacturers aren’t looking to dish out adequate compensation for the victim’s pain, suffering and losses. That’s where you need an experienced attorney.

You need an attorney who can undertake a complete and thorough analysis of the accident, of the equipment involved and of the individuals involved.

Make sure that your company is providing you with the proper equipment to get the job done. Make sure that this equipment is up to the proper safety standards and make sure that your employer is responsible for getting this done. Safety on the job shouldn’t be taken lightly. It should be one of the top concerns.
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After a work accident in Middleton, an adhesives manufacturer is in some hot water with officials at the Occupational Safety and Health Administration (OSHA) but is working to make the proper changes to help to prevent any kinds of accidents in the future.

The company, Bostik Inc, has recently made a settlement with OSHA to help to resolve litigation following a number of citations and safety violations discovered by OSHA officials. The company faced a six-month investigation period following a 2011 work accident in which OSHA investigators discovered a number of safety violations at its Middleton facility. Specifically, the violations went against OSHA’s process safety management standard. This is a standard that is made up of a thorough set of requirements and procedures that companies and employers are required to follow to help to keep the work site free of hazards and dangers involving hazardous chemicals. In this particular case, the chemical in question was acetone. This chemical is used the company within its PSM standard-covered process, also known as direct solvation.

According to the recent settlement between Bostik and OSHA, Bostik pledges to take the proper safety and health actions to address deficiencies in its safety programs. Employers with the company have also pledged to look over and enhance its safety procedures. To make sure employers are doing their job, the agreement also requires the company to turn in proof of abatement to OSHA. The company was originally issued fines totaling nearly $920,000. The settlement came down to $600,000 in fines and the company has pledged to no longer use the direct solvation process at its facility in Middleton.

We told you about the initial work accident that caused this whole mess back in September on our Massachusetts Workers’ Compensation Lawyers Blog. Our workers’ compensation lawyers understand that these kinds of resolutions and corrections regarding work hazards need to be swift and corrective actions need to be taken immediately to help to reduce the risks of further injury and accidents.

Companies are required to make sure that work sites are safe for all employees. When chemicals are used on the work site, there are strict rules and regulations that need to be followed to help ensure the safety of everyone. Chemicals can produce serious, if not fatal injuries when they’re not properly handled, not properly labeled and not properly used.

“Just as important, the settlement commits Bostik to strengthening its PSM program to prevent the possibility of a similar incident in the future,” said OSHA’s local area director, Jeffrey A. Erskine.

In the initial accident, the explosion happened when a valve on a line transfer housing was left open. Because this was left open, vapors from the acetone were released. These vapors are in fact flammable and were determined to be the cause of the accident.
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After a fatal work accident in Lancaster, officials with the Occupational Safety and Health Administration (OSHA) are cracking down on a packaging manufacturer, alleging it failed to ensure its workers safety on the job.

After OSHA officials conducted an inspection at he packaging company’s facilities, Horn Packaging Corp. was cited for a dozen safety and health violations. The fatal work accident happened back in November when an operator of a corrugated box-making machine became entangled in an unguarded drive shaft. These kinds of shafts and other dangerous machinery are required to be safeguarded to help to prevent accidents just like this one. Safeguards are a simple and safe move to help to keep workers safe on the job.

“This case starkly shows the grave consequences from unguarded moving machine parts,” said Mary Hoye, OSHA’s local area director.

Our Lancaster workers’ compensation attorneys understand the importance of safeguards. The proper use of these devices have the ability to prevent the tragic and needless loss of an employees’ life. Arms can be crushed, fingers can be severed, loss of eye sight and even death can happen when machinery isn’t safeguarded. Safeguards are essential when protecting employees. A good rule to remember is that all machinery that has any part that could cause injury should be safeguarded. All hazards and dangers need to be controlled in all work sites, especially at sites with large, heavy machinery.

Packaging Corp. was handed one willful citation for not properly guarding shafts at its Lancaster work site. Employees were not provided with the proper protection to keep workers and their extremities from dangerous moving parts. Safeguards are a federal regulation for all machinery that can cause any kind of injury to a worker. OSHA officials hand out willful violations when a hazard or a danger is observed by officials and they believe that the employer knew of should have known about it. In this case, the lack of safeguards blatantly violated federal safety regulations.

In addition to the willful violation, Packaging Corp was given 11 serious violations, including:

-For failing to prevent other machine guarding dangers.

-For failing to create and enforce a written chemical hazard communication program.

-For failing to provide the proper training to all workers.

-For failing to cover electrical junction boxes.

-For having a number of deficiencies in the company’s hazardous energy control program.

A company is given a serious violation when officials observe a danger or a workplace hazard in which they feel that a serious injury or even death could result and that the employer already knew or should have known about it. Employers are required to point out dangers on the work site and to make the proper corrections to fix them.

According to OSHA, “Employers are responsible for providing a safe and healthful workplace for their employees. OSHA’s role is to assure the safety and health of America’s employees.”

With all of these citations, the company is facing more than $130,000 in proposed fines.
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There will soon be a Whistleblower Protection Advisory Committee, according to the Occupational Safety and Health Administration (OSHA).

This new committee will be in charge of advising, consulting and making recommendations to the Secretary of Labor on various ways to help to improve the effectiveness, efficiency and transparency of the administration’s whistleblower protections. Whistleblower services offer protection to workers who speak out about work-related hazards and dangers. All too often, employees are hesitant to speak out about dangers they observe on the work site. Many times they fear being let go or suffering some kind of punishment for speaking out. The truth of the matter is that any sort of retaliation against employees is unjust and illegal. Employees are urged to speak up about work hazards to help to reduce the risks of work-related accidents in Boston and elsewhere.

“Workers who expose…workplace safety hazards have a legal right to speak out without fear of retaliation, and the laws that protect these whistleblowers also protect the health, safety and well-being of all Americans,” said Dr. David Michaels, assistant secretary of OSH.

Our Boston workers’ compensation attorneys understand that a federal advisory committee is an excellent way to strengthen protections for whistleblowers. It’s important for all kinds workers to feel comfortable speaking up about work-related dangers. These workers also need to be protected and should be encouraged to speak up about these kinds of concerns. Awareness is key in preventing work accidents. Retaliation, including being fired, being demoted, being passed over for a deserved promotion or any other sort of unfair treatment as a result of safety concerns is in fact illegal and can result in punishment and can require compensation to the victim.

What exactly will the Whistleblower Protection Advisory Committee do?

-Helps out OSHA officials with the development and implementation of improved customer service models.

-Helps to enhance the investigative and enforcement process, regulations, training and governing of OSHA investigations.

-Helps to advise OSHA in cooperative activities with various federal agencies. These federal agencies are responsible for issues that are covered by the whistleblower protection statutes that are currently enforced by OSHA.

Through the various whistleblower provisions that have been enacted by federal officials, companies are prohibited from making any kind of retaliating acts against those who speak out about safety concerns on the job. If you feel that you’ve been retaliated against under these conditions, you’re urged to contact an experienced attorney and to file a complaint under OSHA’s Whistleblower Protection Program.
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There’s a study that was recently released from Harvard Business School that concludes that random workplace safety inspections likely help prevent work accidents in Boston and elsewhere.

Scientists and researchers say that the recent findings of the study could help to mold future regulations and to make workplaces nationwide a whole lot safer by reducing the risks for work accidents, according to ScienceNOW.

As it is now, most work-related safety inspections are conducted by officials with the Occupational Safety and Health Administration (OSHA). Unfortunately, not many of these safety inspections are done at random. Instead safety inspections typically follow a reported work accident in which employees have filed complaints. In these situations, companies and employers have time and warning to clean up their work sites before inspectors arrive to avoid any costly citations or even shutdown.

Our Boston workers’ compensation attorneys understand that employers have a legal responsibility to keep work places safe for all employees. Known hazards are to be minimized and all of the proper safety precautions are to be met. Random inspections may be the key in helping to ensure that work places are constantly kept in safe condition for employees. With the threat of a random inspection, companies may be more likely to keep their workplaces up to par and their employees as safe as possible. Whatever works needs to be done and our country’s employees need to be protected on the job!

According to the recent study, companies who were subjected to random inspections saw work-related injuries decrease by nearly 10 percent. The cost of injuries also saw a significant decrease, at more than 25 percent. Random inspections did more than just reduce the risks of work-related accidents. Many were worried that these random inspections were going to have negative effect on the companies. They did no such thing. Subjected companies reported no reduction in employment, sales, total earnings or the survival of the company.

“Our study suggests that randomized inspections work as they’re meant to, improving safety while not undermining the company’s ability to do business,” says Michael Toffel, at Harvard Business School.

Now, students at Harvard Business School would like to look into exactly how random inspections reduce work-related injuries and to look at exactly which companies would benefit the most from safety regulations.

Random or not, inspections are a necessity in keeping work places safe. Employers need to be held accountable for the work conditions of their work sites. Employers and companies have a legal responsibility to provide safe work conditions and to minimize work-related hazards. Do your part to help keep work conditions safe and report any hazards that you may find.
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The Alliance is renewed! The Occupational Safety and Health Administration (OSHA) and the Laser Institute of America (LIA) will continue to work together to help to reduce the risks of work-related accidents in Boston and elsewhere. This Alliance focuses on employee exposure to laser beam and non-beam dangers in research, industrial and medical work places.

This renewed alliance will also be working to share information regarding laser standards and regulations as well as the effects that these devices can have on the skin and eyes. Lastly, the Alliance will be raising awareness about effective laser control measures.

“Worker exposure to laser beams can result in eye and skin damage, and in more serious cases, blindness and skin cancer,” said David Michaels Assistant Secretary of Labor for Occupational Safety and Health.

Our Boston workers’ compensation lawyers understand that lasers pose some serious risks for accidents on the job. In fact, injury caused by new technologies is a growing area of concern for safety officials.

Workers are urged to be cautious when using new technologies or advanced manufacturing processes. Employers are also reminded to keep work places hazard free. It’s a federal obligation for employers to minimize dangers on the work site for all employees. When working with lasers, there are a number of safety precautions that need to be executed to make sure that this is done properly. This renewed Alliance will help to expand the outreach efforts for both employees and employers to share critical information and education to reduce the risks for these injuries.

During this renewed Alliance, fact sheets and popular questions that should be asked at laser facilities will be released. The Alliance will also be conducting Laser Safety Seminars for field staff members.

LIA launched back in 1968 and has been working ever since to help keep those who work with lasers safe on the job. The organization offers technical info and networking opportunities for those in the medical, industrial, government and research communities across the world. The organization currently represents close to 1,500 members.

Preventative Measures:

-Laser Guards.

-Guarding Hydraulic Press Brakes.

-Minimizing Ultra-Violent Radiation.

-Guarding Smoke Generated from Surgical Procedures.

-Regulate Supermarket Laser Scanning Equipment.

-Protective Equipment.

-Laser Safety in Underground Coal Mines.

According to recent studies, man-made light sources have allowed researchers to determine the safe exposure limits for nearly all types of laser and radiation. There is extensive knowledge regarding the dangers of these devices. With the knowledge comes knowledge on how to regulate these devices and to reduce the risks of accidents and injuries when using them.

LASER stands for Light Amplification by Stimulated Emission of Radiation. How it works is that is produces highly directional and intense beam of light. The most common form of injuries produced by these devices happens when tissue proteins are denatured because of the temperature rise following absorption of laser energy.
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As we recently reported on our Massachusetts Workers’ Compensation Lawyers Blog, officials with the Occupational Safety and Health Administration (OSHA) recently held a press teleconference to discuss the 2012 Heat Illness Prevention Campaign.

Well the campaign is now in full swing now and officials are working around the clock to help raise awareness about the risks and the consequences of heat-related injuries in Massachusetts and elsewhere. In correlation with the safety campaign, the Safety Administration recently released a plethora of materials and information to help employers and employees better recognize the risks and dangers associated with working in the warm weather.

Our Boston workers’ compensation attorneys understand that the warm weather is rolling in and so are the risks for heat-related injuries on the job! As a matter of fact, there are thousands who are injured and about 30 who are killed in the U.S. every year because of heat-related accidents. Employees who work outdoors and complete labor-intensive duties are at the highest risks for these kinds of accidents. Workers at the highest risks include farm workers, construction workers, roadside employees, roofers, utility workers, landscapers, baggage handlers and more. Employers and employees are urged to enact procedures to deal with heat-related injuries. Preparedness can help to save lives!

“It is essential for workers and employers to take proactive steps to stay safe in extreme heat, and become aware of symptoms of heat exhaustion before they get worse,” said Dr. David Michaels, with OSHA.

To get ready for the summer season and for the heat, OSHA officials have recently released a new webpage with all of the information workers need to know about heat-related injuries. Workers are urged to review the webpage to learn ways to recognize heat-related injuries, how to prevent these injuries and what to do in the event of one. Materials are available in both Spanish and English.

How to Prevent a Heat-Related Injury on the Job:

-Remember these three words: Water. Rest. Shade.

-Be sure to keep yourself hydrated. Drink plenty of water.

-Take plenty of breaks and stay in the shade.

-Make sure your work site has prevention steps in place and that all employees are fully trained.

-Gradually build up workers’ ability to work in hot conditions.

-Complete heavy, vigorous work in the morning when temperatures are typically lower.

-Ease new workers into the heat. Don’t toss them into a full day of work in the heat during their first day on the job.

-Train all workers about the symptoms of heat-related illnesses as well as what to do if these symptoms are witnessed.

-Have an emergency plan — acting quickly can save lives!
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The Occupational Safety and Health Administration (OSHA) recently fined a company more than $117,000 for failing to take the proper safety precautions to help prevent New England work accidents. The company, Raymond J. Cawley Contracting Inc., was cited for allowing cave-in and other-related dangers on its work site while employees were excavating to replace a sewer line. Employers are required to take all of the mandated safety measures to keep employees safe on the job. In excavation and trenching projects, hazards are plentiful but can easily be contained with the proper knowledge.

Following a recent work site inspection, OSHA officials discovered that two employees were allowed in an 8-foot-deep trench that was improperly sloped or shored to help prevent sidewalls from falling in. In addition, safety and health officials also discovered that materials that had been excavated were placed at the edge of the trench, posing a serious cave-in hazard. Also, the trench didn’t have a sufficiently tall ladder for workers to exit swiftly and safely in the event of an emergency.

Our Boston workers’ compensation attorneys understand that these workers were not provided with the proper safety equipment either. They weren’t given the proper protective helmets, which put them at high risks for being hit by an operating backhoe’s bucket and the material that was falling out of it. Lastly, the company didn’t properly train these workers to be able to identify hazards and it did not have the trench properly inspected by a safety officials. Employers are required to make sure that employees have the proper safety equipment on the job and that they’re properly trained to execute the job safely and efficiently.

Employees who work in trenches and in excavating projects face some serious risks for work-related injuries and even death. Trenches can cave-in in a matter of seconds and can kill employees quickly. With the warmer weather creeping in, contractors are urged to go over their safety programs and procedures with workers to make sure that everyone is properly trained and is better equipped to stay safe on the job. It should also be a top priority to make sure that all trenches are equipped with the proper safeguards. Safety is a team effort and should be a focus of both employers and employees.

Following the OSHA inspection, the company received one willful violation, totaling $70,000, as well as two repeat violations, totaling nearly $18,500. Other various citations, totaling nearly $29,300, were issued for various violations.

Willful Violation:

-Not properly safeguarding a trench.

Repeat Violations:

-Not offering employees with the proper protective equipment.

-Not equipping trenches with the proper safety ladders.

According to national standards, all excavations and trenches that are deeper than 5 feet need to be properly protected against collapses.
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