Massachusetts Workers Compensation Lawyers Blog

Prolerized New England Co. LLC, also known as Schnitzer Northeast, was recently cited by the Occupational Safety and Health Administration (OSHA) for 10 serious work-safety violations for failing to protect workers from work-related accidents in Everett. The alleged citations come with fines totaling approximately $70,000.

Our Massachusetts workers compensation lawyers understand that employers here and across the country are required by law to protect their employees. Job sites must be free of known work hazards. Failure to rid work sites of dangers can result in citations, costly fines and potential legal action. Employees have a right to be safe at work, and it’s an employer’s responsibility to provide it.

Employees at Schnitzer Northeast’s Everett site were allegedly working in a rotating drum that is used to sort scrap metal for recycling purposes. When working inside the drum, it activated, injuring numerous employees. An inspection was conducted on that work site by OSHA’s Area Office in September, following the incident. In this inspection, a number of serious deficiencies regarding hazardous energy control procedures were uncovered at the site’s facility.

Hazardous energy control consists of procedures enacted to help ensure these machines are turned off, their power sources locked out before workers are able to enter the rotating drum for any type of work. In this accident, hazardous energy control procedures were not successfully executed prior to the job. It was also pointed out by the OSHA inspector that employees at this work site were not adequately and properly trained to perform this type of work safely. The procedures in place to ensure this job was performed safely were not efficiently communicated from employer to employees.

Additional discoveries through the OSHA inspection:

-Employees were not provided with the permit required for certain types of work that require heat, flames or sparks, which should have been obtained for welding inside of the drum.

-The workers were reportedly exposed to potential falls in the drum. This was the result of an unguarded chute opening.

Overall, the company received 10 citations from OSHA. Each of the citations came with a $7,000 fine, resulting in total fines of more than $70,000.

“Preventing this hazard requires a combination of effective hazard control procedures, training and diligence to ensure that the proper safeguards are in place, in use and understood by workers,” said Jeffrey Erskine, OSHA’s area director.

These violations were handed out because employers should have recognized these dangers. The company was handed 10 serious violations, meaning that there was a significant probability that serious injury or death could have resulted from these hazards that the employer should have known about them and taken the proper action to fix them.
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Work-related accidents in Massachusetts and New Hampshire are a serious problem, according to the Occupation Safety and Health Administration (OSHA). According to recent reports, the regional OSHA office in Boston has filed a complaint against DeMoulas Super Markets Inc. This company does business as Market Basket. The complaint was filed by the officers, who ordered the super market chain, based out of Tewksbury, to review and to comply with OSHA’s safety standards. These safety standards are to be used by employers across the country to help increase worker safety and to protect them from work-related accidents. Specifically, the company must review the standards involving fall and laceration violations that were observed at the more than 60 of the company’s stores in both Massachusetts and New Hampshire.

The violations were observed when inspectors visited a number of the company’s stores throughout the New England area. The inspections resulted in fines for the company totaling near $600,000 for a number of work-related safety violations. DeMoulas has recently contested these violations and fines with OSHA.

Our Massachusetts workers compensation lawyers understand that the complaints from the Boston OSHA regional office indicated employees were allegedly exposed to fall hazards from open-sided, unguarded storage and work areas. These areas included storage units and atop produce freezers and coolers. To make matters worse, one of the company’s employees was seriously injured in a work-related accident back in April of 2011 when he fell more than 10 feet onto a concrete floor below. Reports indicate he fell from an improperly guarded storage mezzanine. In 2007, another employee was injured in the very same work conditions.

“Hazardous conditions at multiple locations that expose employees to serious injuries demand a swift and comprehensive corrective response at the corporate level,” said Dr. David Michaels from OSHA.

Michaels said OSHA believes the supermarket company should have eliminated these work hazards after the first warning, when it was also determined the company should never have bypassed these hazards.

Additional Citations observed at various DeMoulas facilities:

-Failing to provide employees with hand protection to those working in certain dangerous positions.

-Bakery, deli and produce employees were not provided with the proper safety equipment.

Back in 2006, the supermarket company was cited by OSHA and said that they would conduct a thorough job hazard analysis in all of its stores. OSHA reports that the company never completed those inspections. From 2008 to 2011, employees at the Concord and Rindge stores experienced at least 40 reported hand lacerations.

According to Michaels, work safety is not an option. OSHA’s standards are in fact federal standards that must be met by all companies and employers in the country to help keep workers safe on the job.
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As we recently reported on our Boston Car Accident Lawyers Blog, the National Highway Traffic Safety Administration (NHTSA) is working diligently to help curb driver distractions. The number of distraction-related car accidents is increasing significantly, and it’s employees who are driving on the job who are greatly affected by these risks and in danger of a traffic-related work accident in Massachusetts, too. As technology advances and the need to stay connected grows, more and more drivers are using communication devices when they should be driving. Drivers are urged to halt the distractions when operating a motor vehicle to help reduce the risks of a distraction-related traffic accident.

According to the NHTSA’s statistics, there was a significant increase in the number of cell phone and other distraction-related traffic accidents from 2009 to 2010. Cell phones and text messaging devices are contributing to a good bulk of these accident numbers. Studies show that nearly 1,000,000 drivers are using a cell phone at the wheel in the United States at any given moment.

Our Boston workers compensation attorneys understand that it’s important for workers and employers to stay connected on the job. There’s no reason to risk an injury or a fatal accident for this connection however. Phone calls and text messages should wait until the vehicle is safely stopped to help avoid an accident. To help reduce the risks of these types of traffic-related work accidents, the National Safety Council (NSC) is asking employers to implement a cell phone policy for all driving workers. By allowing driving employees around the country to use cell phone and text messaging devices at the wheel, employers are displaying an acceptance of significantly increased accident risks.

The NSC offers employers a downloadable cell phone policy kit to help get the policy started. Creating a plan is simple; enforcing it lies in the hands of employers.

The free downloadable kit can help employers to:

-Build leadership and support for your company regarding a new or revamped cell phone policy.

-Communicate the risks of distraction-related traffic accidents and the need for such a policy in the workplace.

The downloadable kit also includes some sample policies that employers can use to implement a policy immediately. It also includes tips to get employees involved and tips for employers on how to manage such a policy. Plus, a number of communication tactics, including posters, talking points and voice mail greetings for employers to use to help employees to better understand the policy.

Employers are urged to adopt a cell phone policy kit in the workplace. Driving employees are at extreme risks for a motor vehicle accident when they’re busy taking phone calls and organizing work projects at the wheel. Employees are reminded to place their focus on the task at hand — driving — when behind the wheel.
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Many employees in the state work outside in the cold and often severe winter weather, putting them at greater risk for a cold weather-related work accident in Massachusetts. Sometimes we think that our blood is accustomed to the cold, but that’s not always the case.

The Centers for Disease Control and Prevention (CDC) reminds us that there are ways to protect yourself from the winter weather and a cold-related work accident. Our Boston workers compensation attorneys understand that workers need to be aware of the weather and its effects on the body. Before heading off to work in the Massachusetts’ winters, be sure to wear gloves to protect your hands and a hood or a hat to protect your head. If you’re working in wet weather conditions, be sure to wear shoes that are waterproof and that have good traction. Lastly, be sure that your cold-weather work gear doesn’t hinder your body’s movement or block your eyesight. You want your gear to work for you, not against you.

It’s no surprise that freezing temps and icy wind gusts can put you in danger, but did you know that you’re at risk for a cold weather-related work accident when it’s as warm as 60° F?

Stay Aware:

–Hypothermia: One of the most common and most dangerous factors of cold weather is hypothermia. This may be one of the most difficult injuries to detect on the job. Hypothermia happens when your body’s temperature drops below 95° F. Beginning stages of hypothermia can leave you feeling confused. Hypothermia can also hinder your judgment and can lead to mistakes on the job. Sometimes these mistakes can be deadly. Some symptoms of hypothermia can include feeling confused, being clumsy, feeling tired and shivering. As your body loses heat, shivering can stop, your pupils may enlarge, your skin can turn a shade of blue, your breathing and your pulse can slow and you could potentially pass out.

–Frostbite: A number of body parts are extremely vulnerable to frostbite. Your ears, nose, toes and fingers can easily get frostbitten. Some symptoms of frostbite can include stinging, tingling, numbness or pain in the area of the body that is being affected. To help to reduce your risks of experiencing frostbite, you should wear warm, protective clothing like shoes, hats and gloves. The colder it is, the faster frostbite can affect you. Never stay in the cold weather longer than you need to.

–Trench foot: This happens when your feet are cold and wet for too long. When this happens, moisture causes the foot to lose essential heat, which can damage tissue and slow blood flow. This can happen even when it’s 60° F, so be careful!
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Our Massachusetts workers’ compensation attorneys are urging all businesses to take the time and initiative this year to provide the safest work places as possible to help prevent work accidents in Boston, especially among younger people. In 2010, there were nearly 18 million workers who were under the age of 25 in the United States. These young workers made up nearly 15 percent of the country’s workforce, according to the Centers for Disease Control and Prevention (CDC).

Compared to most age groups, young employees have a high occupational injury rate, meaning that they’re much more likely to get injured on the job than older workers. Many of these injuries can be caused by the frequency of work hazards that these young workers face on the job. Many of these hazards can be found in restaurant settings, like working with dangerous cooking equipment, working with sharp objects like knives, and working on slippery floors.

Our Massachusetts workers compensation attorneys understand that dangerous work conditions aren’t the only thing that put these young workers at risk for a serious a work-related accident. Inexperience and a lack of safety training can also contribute to their high risks for on-the-job injuries. These young workers, many in middle school and high school, may also suffer from psychological and biological factors that can increase their injury rates. These factors can include a lack in strength, physical shape and cognitive abilities to operate large machines.

In 2009, there were nearly 400 workers under the age of 24 who were killed in work-related accidents in the United States. Nearly 30 of these deaths occurred to workers who were under the age of 18. From 1998 to 2007, statistics reveal that there were nearly 800,000 work-related injuries sustained by individuals in this young age group that were treated in emergency rooms across the country. The rate for these types of injuries for this young age group is about two times higher than the injury rate among employees who are over the age of 24.

The U.S. Public Health Service has a Healthy People objective that is being used to help reduce occupational injury rates among young workers ages 15- to 19-years-old by at least 10 percent by 2020.

Employers throughout the state are asked to make the same efforts, to help protect our young workers. Oftentimes, young employees are hesitant to speak up about dangers, hazards or injuries on the job because of the fear of being reprimanded. For parents, it’s important to talk with the young workers in your life about the rights they have. It’s our job to prepare these young ones, so let’s prepare them with a good work ethic and safe work practices to help avoid a potentially fatal work accident.
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It’s a new year and time to start over with a fresh slate. Let’s start with making workplaces safer than ever by making a New Year’s resolution to practice better safety precautions to help prevent fall accidents in Massachusetts. The Centers for Disease Control and Prevention (CDC) is all over this one, with an entire web page devoted to helping to reduce the risks of these types of accidents.

According to the CDC, a fall can happen virtually anywhere at any time at any work site. Falls are one of the most common incidents to cause injury on the job. Falls can happen when climbing a ladder to change a light or happen to iron workers who are required to work nearly 100 feet above the ground. The Bureau of Labor Statistics reports that there were more than 600 workers who were killed and nearly 213,000 workers who were seriously injured in 2009 by falls to even the same level or to a lower level.

Our Boston workers compensation lawyers understand that fatal fall-related accidents are most commonly experienced in the construction industry, while the most injury fall-related accidents are experienced by those in wholesale industries, retail business and health services.

Circumstances that are associated with fall accidents:

-Slippery floors.

-Cluttered floors.

-Unstable walking surfaces.

-Unprotected edges.

-Holes in the floor and openings in walls.

-Ladders that are positioned unsafely.

-Misused fall protection.

According to federal law and industry consensus standards, there are specific measures listed in addition to performance-based recommendations that are to be used to help prevent fall-related accidents. These standards come with various ways to protect employees should a fall occur. Still, there are far too many unsafe work practices across the country’s workforce as fall accidents continue to plague workers.

The National Institute of Occupational Safety and Health (NIOSH) is working even harder this year to find ways to prevent these types of accidents. The organization recently released its “Research and Practice for Fall Injury Control in the Workplace: Proceedings of International Conference on Fall Prevention and Protection.” This publication will be used to advance the knowledge of work-related fall accidents. Back in May, the International Conference on Fall Prevention and Protection (ICFPP) was conducted to help the public to speak with fall-prevention experts and specialists to learn about the newest methods and tools to help prevent these types of accidents.

That conference’s information has now been published and can be found in the “Research and Practice for Fall Injury Control in the Workplace” publication.

Fall accidents and the injuries they produce are a burden in many ways. They cause workers to lose time at work, a plethora of medical bills, and lengthy and complicated workers’ compensation claims. Statistics conclude that costs associated with fall accidents cost about $70 billion every year in the U.S.
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A masonry contractor in Massachusetts, NER Construction Management Inc., has recently agreed to hand over more than $130,000 in fines and penalties for failing to protect its employees from a work accident in Boston. The company was recently fined by the Occupational Safety and Health Administration (OSHA) after a safety inspection revealed that the company was failing to take proper safety steps to help protect employees from potential fall hazards. The company has agreed to pay these fines through a settlement to resolve litigation with the U.S. Department of Labor.

The company was first cited by OSHA back in January of last year after an inspector observed that the company was failing to meet a number of federal safety standards. The inspector discovered that the company failed to eliminate fall hazards for employees who were working 17 feet up on a project at Rowes Wharf.

Our Boston workers compensation lawyers understand that all employers are required by law to meet a strict set of safety standards to help to prevent work-related accidents. OSHA is in charge of overseeing work sites throughout the nation to help ensure that these safety steps are being properly executed by employers. When a company fails to protect its employees, serious legal matters and top-dollar fines can result, in addition to accidents and injury.

Fines aren’t all that the company agreed to though. NER Construction Management has also agreed to correct all of the work hazards that were cited in the OSHA inspection, and that it would take the necessary steps to increase safety for employees at all of its job sites.

Safety steps to be taken by NER Construction Management:

-The company will conduct a detailed hazard and danger analysis for each job at each work site to figure out a feasible way to protect employees from fall accidents. These steps are to be taken before work begins at each specific work site.

-The company must now provide thorough training for all employees who are certified to point out and correct all work-related hazards.

-The company must redo the company’s disciplinary policy of strict rules to include managers as well. Everyone needs to be held responsible for work site safety.

-The company has agreed to provide OSHA with a report each month regarding all active work sites. This report is to include all jobs that will be started within the next year, as well as copies of all outside safety audits that are conducted over the next few years as well.

“We’re looking for them to not only correct specific cited hazards but also to take effective steps to prevent them from recurring,” said Marthe Kent, the New England regional administrator for OSHA.
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Last week, an employee who worked for the Tribe Mediterranean died in a brutal Massachusetts work accident. The Tribe Mediterranean is a company that manufactures hummus. The employee was killed after his arm got caught in a grinder at the Massachusetts hummus facility. Investigating officers pronounced the worked dead on site. His body was transported by medical personnel to a nearby hospital, according to Mail Online.

“The only information I really have is that he became stuck in a rather large machine, which some people call an auger and others call it a grinder,” said Gregg Miliote, with the Bristol County District Attorney’s office.

Our Boston workers compensation attorneys understand that the demands of common jobs become more and more demanding and dangerous as we continue to turn to automation and machinery for the production of common goods. These demands increase as economic demands increase as well. Machines are oftentimes better equipped to produce more product than manual, human labor. While there are many advantages to using machinery, it can provide some potentially fatal hazards to workers when they’re not treated properly. Machinery requires the implementation of the proper safety measures, procedures and safety devices, including safeguards, to limit the exposure to hazards for employees.

The Massachusetts employee in the accident was cleaning and sanitizing the machinery when it happened. It was his job to keep the work place and the machinery in line with the federal health and safety codes.

Tribe Mediterranean is the second top-selling hummus producer on the market. The factory has been shut down temporarily so that the Occupational Safety and Health Administration can investigate.

The hummus company had just finished an expansion project over the summer that cost nearly $10 million. The expansion had expected to create roughly 60 more job positions. The number of workers after the expansion sits at an estimated 125.

Billions have been handed over as the result of machine-related injuries and fatalities every year. These types of accidents can have devastating and lasting effects on a victim’s life. Employers are urged to utilize safeguards, including safety controllers, interlocked guards and light screens to help to prevent a potentially fatal workplace accident. Make sure that all employees are properly trained to work with the machinery and enact a set of procedures to ensure that daily functions are as smooth and as safe as possible.

According to the Occupational Safety and Health Administration, employers are required by federal law to eliminate or to control the hazards presented by dangerous machinery. Oftentimes employers are required to provide compensation for these types of accidents to the victims and/or the victim’s family.
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A fatal power plant accident in Middletown, a shooting at a beer distributor facility in Manchester and a plethora of additional fatal work-related accidents helped to contribute to the alarmingly high number of New England work accidents throughout the year. Every year there are hundreds of employees who die because of work-related accidents throughout the area.

According to a recent release from the U.S. Bureau of Labor Statistics, Massachusetts endured more than 50 workplace fatalities in 2010. This number is in fact an increase from the previous year. Just below Massachusetts in the state of Connecticut, there was also an increase in the number of fatal work accidents, according to Hartford Business. As the economy makes a turn around and more people head back to work, these numbers are expected in increase even more. For this reason, it’s now more important than ever to help ensure the safety of everyone on the job.

Our Massachusetts workers compensation lawyers understand that the large size of both Connecticut and Massachusetts and the high numbers in the respective workforces make them likely candidates for such alarming accidents. Many of these workplace fatalities can be avoided by taking the proper safety precautions. Employers are required to provide a safe work area for all employees and to help protect them from any work-related accidents.

Both of the states accounted for about 70 percent of the New England’s nearly 150-employee death toll witnessed in 2010. In 2009, there were fewer than 140 employees in these two states that died at work. Massachusetts was granted with the top spot for fatal accidents in that year, too.

New England’s Work-Related Numbers in 2010:

-Massachusetts: 51 deaths.

-Connecticut: 49 deaths.

-Maine: 19 deaths.

-Vermont: 13 deaths.

-Rhode Island: 9 deaths.

-New Hampshire: 5 deaths.

“Our goal has been to learn from the tragedies of last year to better determine those steps that can be taken to create an even safer workplace in the future,” Connecticut Labor Commissioner Glenn Marshall.

A large number of fatal work-related accidents that happen every year occur in the construction industry. These types of accidents account for about 20 percent of all fatal on-the-job accidents each year. The construction industry in our state consistently produces the highest rate of work injures.

There are only four types of accidents that contribute to a majority of construction-related accidents:

-Workers getting caught in/between machinery or objects.

-Being struck by an object.

-Electrocutions.

-Falls.

Falls are the number one cause of death among workers and construction employees endure the highest risks for a these fatal fall injury, according to the Massachusetts Department of Public Health. In 2010, there were nearly 20 workers who died because of a fall accident.
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