Massachusetts Workers Compensation Lawyers Blog

February 27, 2012

Work Accidents in Massachusetts: Target of Extended Enforcement

Employers, listen up! The Occupational Safety and Health Administration (OSHA) recently made an announcement saying that it would be extending its temporary enforcement measures for the residential construction industry. The extension will be for another six months. Now, these measures will be extending through September. Included in these enforcement measures are extended abatement dates, free on-site compliance assistance, increased outreach, penalty reductions and measures to ensure consistency. OSHA has chosen to extend this measure to further help to reduce the risks of work-related fall accidents in Boston and elsewhere. As a matter of fact, falls are the leading cause of work-related fatalities among those working in the construction industry.

In the last year, the administration has worked with the construction industry to help to reduce these risks and to help better protect employees nationwide. Through this time, OSHA has been working diligently to help ensure that employers understand the new compliance and know how to correctly comply with the new directive.

Our Massachusetts workers compensation lawyers would like to remind workers that they have rights as employees in the United States. Within these rights is the right to be protected from known dangers on the work site. Employers are required by federal law to offer employees with safe and hazard-free work places. When dangers and hazards are not addressed by employers, serious injury can result. If this has happened to you or a loved one, it is important for you to contact an experienced attorney to help you to fight for your rights.

With the new measure, employers are required to ensure that employees within the residential construction industry are protected by conventional fall protection. This applies to employees who work six feet or more above a lower level.

Conventional Fall Protection Includes:

-Safety Net Systems
-Guardrail Systems
-Personal Fall Arrest Systems
According to the Bureau of Labor Statistics (BLS), there were nearly 620 workers in the U.S. who were killed in fall-related work accidents. Construction-related injuries continue to be some of the most common work-related accidents.

Falls are some of the most costly accidents, too. Roofers’ falls from elevations typically cost more than $100,000 per incident. Carpenters see an average cost of more than $95,000. These are costs that can be covered by your employers if they fail to protect you from known dangers. A majority of these accidents can be prevented with the few safety measures listed above. Fall protection is some of the most beneficial protection that should be offered to a worker in the residential construction industry.

“Our Compliance Safety and Health Officers (CSHOs) and Area Directors are demonstrating to the industry that OSHA is taking a common-sense approach when enforcing the new requirements,” said David Michaels, PhD, MPH, who works closely with OSHA to help ensure the safety of employees.
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February 20, 2012

No Boston Work Accidents in 25 Years: Top Honors for 21 UPS Drivers

by Jeffrey S. Glassman

Recently, UPS announced that 21 of its drivers from the state of Massachusetts are now among the 1,235 being inducted into the Circle of Honor. This honorary organization recognizes UPS drivers who have had no traffic accidents in Massachusetts and elsewhere during their 25 or more years behind the wheel with the company, according to Market Watch.

Altogether, the state of Massachusetts has nearly 75 active Circle of Honor drivers working for the company. These safe drivers have a combined time of nearly 2,040 years of safe, accident-free driving experience with the company. Henry Slazenik from Danvers is the state’s senior safe driver. He has nearly 40 years of company driving experience with absolutely no accidents. Currently, there are more than 1,880 UPS drivers in the state of Massachusetts.

Our Boston workers’ compensation attorneys understand that traffic accidents are in fact the No. 1 cause of on-the-job fatalities. In 2009, there were 1,795 fatalities resulting from these work-related accidents, according to the U.S. Bureau of Labor Statistics. According to the preliminary statistics for 2010, there were 1,766 who died in these kinds of work-related accidents. Yes, there was a decrease in the number of these kinds of work-related fatalities from 2009 to 2010, but transportation accidents were still the number one cause of on-the-job fatalities for both years.

Across the world, there are more than 5,840 UPS drivers currently employed with the company who are in the Circle of Honor. Of all of these drivers, there are more than 161,745 years and nearly 5.5 billion miles of accident-free driving. That’s enough miles to circle the earth more than 210,000 times.

The recent additions to the Circle of Honor illustrate the largest increase in a single year since the company first launched. UPS is thrilled to employ such safe drivers and says its safety program and training can be credited for this achievement.

Richard Moore, the UPS president of the Northeast District, said that for these drivers to go as long as they have without a crash is a testament not only to the training they receive, but the pride they take in their work.

The company invested nearly $200 million in 2011 alone on training for these drivers. This training was formed by the company. They call it “Space and Visibility.” All of its drivers are taught a number of safe driving methods from the day that they’re hired. That training never ends.

This kind of thorough training that leads to these success stories should be inspiration to companies nationwide. UPS is doing exactly what is required of them. It’s taking all of the precautionary steps to help to decrease the risks of work-related accidents for its employees, even for the employees who face some of the most serious risks on our roadways — traffic accidents.
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February 17, 2012

Boston Electricity Work Accidents a Major Risk

by Jeffrey S. Glassman

Working directly with electricity can be dangerous. Working near any form of electricity is dangerous too. In fact, most workers may not be aware that they are exposed to electrical dangers that can cause injury in Boston and elsewhere.

When you think of workers in danger of electricity-related injuries, you might typically think of electricians, engineers and other related professionals. However, the truth of the matter is that people who work in offices and even sales people can also be exposed to electrical hazards.

Our Boston workers’ compensation attorneys understand that electricity has been recognized as a serious work hazard for a long time now. Yet it still goes unnoticed by a majority of workers. For this reason, the Occupational Safety and Health Administration (OSHA) pushes electrical standards to help protect employees who are exposed to dangers like electrocution, electric shock, fires and explosions.

Statistics reveal that there were nearly 28,500 employees in the U.S. who died because of work-related accidents from 2003 to 2007. Of these fatal accidents, contact with electricity was the 7th leading cause. Additionally, there were more than 13,000 employees who were injured in electricity-related accidents and had to take time off of work to recover.

It’s true that those working in construction see the most risks and injuries for electricity-related accidents. But it is equally true that employees of all types can be injured in these kinds of accidents.

Electricity Danger Warning:

-All types of electrical current can potentially injure you.

-Inspect tools and outlets before use each time to help to reduce the risks of injury.

-Make sure power tools are off before plugging them in. This is a common mistake that leads to hundreds of injuries every year.

-Dynamic electricity refers to the uniform motion of electrons traveling a conductor.

-Static electricity is when this force gathers on a surface because of contact with another surface or because of friction.

-Always use the right size fuse.

-If a power cord is broken or wires are exposed, do not use it. Toss it out.

-Electricity can’t travel through a pathway to and from a conductor that has been broken.

-If you have to work with electricity and a ladder, be sure that your ladder is made up of non-conducive materials, like wood.

-When you’re electrocuted, the electricity can hinder the functions of your body, meaning that it can stop the brain from sending electric signals to the rest of your body. This can result in serious, if not permanent, injuries and even death.

-Never work with electricity in areas that are damp or wet.

-If someone experiences a high voltage contact burn, they may suffer severe injuries to their internal bodily tissues. This is a condition that may not be detected by the outside appearance of the body.
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February 13, 2012

Boston Work Accidents Involving Teens Jump During Summer

by Jeffrey S. Glassman

There were roughly 17.5 million young workers in the U.S. in 2010 under the age of 24. These workers account for about 15 percent of the entire country’s workforce, according to the Centers for Disease Control and Prevention (CDC).

This group consistently has the highest rate for work-related injuries in Boston and elsewhere. This can generally be explained by the hazards present in the job positions that these young workers are most likely to hold, such as those in the restaurant industry. Restaurant workers face risks associated with sharp utensils, slippery floors and food preparation equipment. Often, inexperience can play a contributing role in these accidents. Many of these young workers, in middle school and in high school, face obstacles associated with biologic and psychosocial characteristics that can hinder their safety of the job. Oftentimes, these workers suffer from inadequate fit, strength and cognitive abilities to operate certain machinery and equipment.

Our Massachusetts teen work accident attorneys understand that nearly 360 young workers died because of on-the-job work-related injuries in 2009. There were 30 deaths of workers under the age of 18 included in these injuries statistics. From 1998 to 2007, there were about 795,000 injuries to these young employees nationwide. All of these injuries resulted in a trip to the emergency room. This means that these young workers have a rate for injury that was about two times higher than the rate for older workers in the country. This is why it’s important to talk with your teen about work-related injury risks, especially as they will soon be seeking out summer jobs.

According to the U.S. Public Health Service, the Healthy People objective is a program aiming to reduce the risks of work-related injuries for these young workers. Its goal is to reduce the number of injuries by at least 10 percent by 2020.

Right now, there is a teen injured on the job every 9 minutes. We’re asking parents to talk with their teens about the rights they are entitled to as a worker in the U.S. and the risks they need to be on the lookout for. With a thorough education regarding work standards, we can help to reduce the risks for on-the-job injuries for these young employees.

What are your rights at work?

-To work in a healthy and safe place that is free from known dangers.

-To be provided with the proper training for the job.

-To say “no” to jobs and work that can make you sick or can hurt you.

-To earn minimum wage. The minimum wage in Massachusetts is $8 hourly, according to the U.S. Department of Labor.

-To be compensated for medical care (for most jobs) if you get sick or injured on the job. You may also be paid for the work you missed as a result of the sickness or the injury.

-To work without being treated poorly, unfairly or being harassed because of national origin, sex, pregnancy, religion, skin color, race, genetic information or disability.

-Ask for changes to your workplace because of your religious beliefs or a medical condition.

-Assist someone who is inspecting or investigating your place of work. You cannot be fired or reprimanded for giving this kind of help.
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February 9, 2012

Company Fined for Failing to Reduce Risks of Work Accidents in New England

by Jeffrey S. Glassman

Employers have to protect employees from dangers on the job! If not, they’re going to get fined like Monster Contracting LLC did. According to the Occupational Safety and Health Administration (OSHA), the framing contractor is now facing nearly $60,000 in proposed fines for failing to prevent residential construction-related work accidents in New England. These fines were the result of an inspection conducted by the OSHA area office.

“Employees at this job site faced the risk of disabling or deadly injuries from falls, crushing injuries or being struck by flying debris or objects while operating nail guns and other tools,” said Rosemarie Ohar, OSHA’s area director.

Training is important! Employees at this job site were not trained in precautions that could have avoided work-related hazards. Our Boston workers compensation attorneys recommend that all employees keep an eye out for dangers on the job. Yes, it’s the employer’s job to minimize accident risks on the job site. Unfortunately, though, that doesn’t always happen. Be a proactive employee and keep an eye out for dangers before they have the chance to harm anymore.

The company was cited for:

-Exposing employees to falls of up to 20-feet while performing interior and exterior frame work without providing them with the proper fall protection.

-Working near unguarded windows, stairwells and floor openings.

-Failing to provide employees who work with nail guns, staplers and power tools with the proper eye protections.

-For allowing employees to misuse ladders or to use unsafe ladders.

-For having damages on slings that are used to lift walls.

-For failing to ensure that truck operators had been properly trained.

-For allowing dangerous access to elevated portions on the buildings.

-For leaving nails protruding out of lumber on the job site.

-For not properly training workers to recognize electrical, flying objects, material handling and fall hazards.

-For neglecting to train workers on how to safely operate work-related power tools and how to properly use ladders.

Monster Contracting LLC has 15 business days to either pay the fines or to meet with an area director to contest these violations.

According to the Bureau of Labor Statistics, there were more than 750 construction employees who were killed on the job in 2010 in the U.S. Nearly 40 percent of these fatalities were the result of fall accidents.

Work accidents in Massachusetts, according to the Massachusetts Occupational Injuries and Illnesses Report:

-The health and education industry accounted for nearly 30 percent of all work-related injuries and illnesses.

-The construction industry tallied the highest incident rate, with 6.1 per 100 employees.

-More than 40 percent of on-the-job accidents required time away from work.

-Most commonly, injuries at work result in either a sprain or a strain.

-Employees between the ages of 25- and 44-years-old had the highest number of work-related illnesses and injuries.

-Work-related accidents most often injure an employee’s shoulders or back.
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February 6, 2012

Office Workers Also at Serious Risks for Work-Related Injuries in Massachusetts

by Jeffrey S. Glassman

We often talk about the dangers of working in construction and with hazardous materials.
What we rarely discuss are the risks of work-related injuries in Boston ‘ offices. According to the Centers for Disease Control and Prevention (CDC), employees who work in an office, at a desk or in a cubicle are also at some serious risks for on-the-job injuries and illnesses.

Employers of all kinds are required to make workplace conditions safe for employees. This means that employers are required to keep an eye on chemical hazards, work station and equipment design, environmental exposures, task design, physical environment dangers, psychological factors, etc.

The design of an office can make or break you. Office designs are supposed to allow employees to execute their jobs comfortably. Our Boston workers compensation attorneys stress the importance of proper ergonomic design. This design is used to make sure that employees aren’t working in odd postures, sitting or standing for too long, having to over-reach themselves and are making sure that repetitive work isn’t harming an employee’s health. Sometimes, changing an employee’s furniture or equipment can solve this problem and help an employee to work more comfortably. When posture is off for long stretches of time, musculoskeletal disorders and other problems can arise.

Employees can also be faced with risks for on-the-job injuries because of job stresses, design-related hazards, environmental dangers, open drawers, exposed electrical cords, repetition, job speed, job duration, chemical exposures, etc. It is important to make sure that the requirements of your job meet your capabilities. Overworking employees can often result in worker injuries and illnesses.

The nature of work is changing – and quickly. Now more than ever, on-the-job stress poses serious risks to workers’ health and to the viability of companies nationwide. The National Institute for Occupational Health and Safety (NIOSH) has studied these factors and concluded that about a quarter of all employees see their job as the No. 1 cause of stress in their lives. About 75 percent of all workers say they have more at-work stress now than they did a generation ago.

We’re not saying a job is supposed to be a walk in the park. We’re just saying that we understand that job-related stress is becoming a growing source of physical and emotional health issues for many Americans. It’s not just an excuse for being lazy. The term “job stress” is defined as a harmful emotional or physical response that can happen when job requirements exceed the resources, capabilities or needs of the employees. This kind of stress can lead to poor health and even on-the-job injury.

Employers are asked to keep an eye on the health and the job production of employees. We realize that, with the current economy, employers are trying to squeeze as much as they can out of each employee, but there’s a stopping point. Under no circumstance should an employee jeopardize their health for the completion of a job. Employers, please provide a safe and reasonable atmosphere for your workers.
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February 4, 2012

U.S. Employers Put Workers at Risk of Cave-In

by Jeffrey S. Glassman

Two years ago, the world watched, riveted by the rescue of 33 Chilean miners, trapped deep in the earth’s bowels for months after the mine they were working in collapsed.

At the time, some in the U.S. may have expected that regulations in the U.S. would help prevent such a workplace cave-in accident from unfolding here, either in Boston or elsewhere.

However, two recent cases in neighboring states illustrate that is not an assumption Massachusetts workers can afford to make.

The first case is reported out of New Hampshire, where an Ashland employer is facing more than $51,000 in fines for a host of safety violations, namely involving cave-in risks for crews installing pipe at an affordable housing project. The second case involves a Hartford, Conn. construction company that is looking at almost $170,000 in penalties for cave-in risks to workers installing a sewer line along the roadway.

Overseeing both investigations is the U.S. Occupational Safety and Health Administration.

In the Penney Construction Co. LLC, which OSHA found placed workers in the path of serious injury by failing to enact proper trench protection. Not only that, but an unsupported sidewalk and catch basin were overhanging the trench, posing even greater risk to workers.

What’s worse, OSHA says the company continued to send workers into that trench, even after they had been warned of the dangers by safety officials.

Paul Mangiafico, OSHA’s area director there, said Penney repeatedly put its workers at risk, saying they could have been crushed or buried alive in a matter of seconds.

Our Boston workers’ compensation attorneys believe that all employees deserve to have employers who are diligent about protecting their safety.
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February 1, 2012

OSHA Outlines Responsible Respirator Use for Boston Employers

by Jeffrey S. Glassman

An estimated 5 million workers across the country will need to use a respirator at some point during the course of their job. That means there are millions of opportunities for the devices to fail or be used improperly. In other cases, they are not provided to employees who need them or employees do not receive the proper training.

Our Boston workers’ compensation attorneys have seen firsthand what can result from such a mishap.

Now, in an effort to decrease those sort of occurrences, the federal government’s Occupational Health and Safety Administration (or OSHA) has created and posted a series of 17 videos to help educate workers and their employers on the proper use of respirators on a job site.

Respirators are different than surgical masks, though some models may appear similar. The devices work one of two ways – either by filtering contaminants in the air or by providing a separate, autonomous air supply.

The devices are used in a wide range of industries – from firefighting to the medical field – on more than 1.3 million job sites in the U.S.

OSHA’s videos, published in both English and Spanish, cover everything from how the equipment should fit to how to spot counterfeit respirators and prevent work-related accidents involving respirators in Boston and beyond.

One sector where respirators are often utilized is in the construction industry. Some common air contaminants on construction job sites include gas, mists, dusts and fumes, some of which can either make you ill or possibly be fatal, depending on the substance.

Just because a worker doesn’t feel ill immediately, as might be the case with carbon monoxide poisoning, doesn’t mean a respirator accident is any less serious. Asbestos exposure can lead to mesothelioma cancer, though it takes years for most people to learn they’ve even been put at risk, and by then, the disease is usually in its last, fatal stages.
This makes proper use of a respirator critical.

OSHA outlines that there are certain steps employers are mandated to take to reduce your potential exposure to such substances. These measures include:

1. Engineering controls, like local exhaust ventilation;
2. Administrative controls, like limiting the number of people who are exposed to the substance;
3. Work practice controls, like certain wet-cutting techniques.

When these techniques can’t ensure your safety on the job, your employer is responsible to provide you with a respirator. And not just any respirator will do. Certain devices protect against certain substances, and it’s important for both you and your employer to do your research.

Make sure that the respirator you use offers protection from exposure to whatever toxic substance you may encounter.

At the very minimum, your employer is required to:

1. Have a written respiratory protection plan.
2. Know what the respiratory hazards are in the workplace.
3. Find the right respirators for each job.
4. Provide workers with medical evaluations and respirator fit testing.
5. Offer proper maintenance, cleaning and storage of respirators.
6. Make sure you have the proper training when it comes to respiratory hazards and the proper usage of respirators.
7. Make sure they are paying attention to employee respirator use, and correct any potential problems.
8. Provide you with access to a written copy of the company’s respiratory protection plan.
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January 31, 2012

Topsfield Roofer Fined for Construction Worker Fall Hazards

by Jeffrey S. Glassman

Roofers at a Topsfield, Massachusetts work site were exposed to a number of potential fall hazards, and their employer has been fined by the U.S. Occupational Safety and Health Administration (or OSHA).

A news release detailing the violations was released late last month.

The roofing company, based in Reading, Massachusetts, is facing a penalty of more than $40,000 in fines for the precarious positions in which their employees were placed.

January 25, 2012

OSHA Airline Decision a Victory for Safety-Conscious Boston Employees

by Jeffrey S. Glassman

Every Massachusetts worker has the right to bring forth on-the-job safety concerns, without fear of retaliation by an employer hoping to cut corners. The hope is, they can prevent a Boston work-related accident.

That right is especially crucial when the industry is charged with providing a service to the public – one which they have every right to expect will be completed safely.

In the airline industry, if on-the-job safety standards aren’t met, people’s lives are put at risk.