Massachusetts Workers Compensation Lawyers Blog

A New England company, AMEX Inc., was recently fined by the Occupational Safety and Health Administration (OSHA) for failing to prevent work accidents in East Boston and at its other work sites in the area. The fines came after a work accident in which one of its employee lost consciousness when working in a confined space. The company was issued nearly 15 citations from OSHA for violating the administration’s workplace safety standards after that accident in May. The accident happened at the Senesco Marine LLC shipyard in North Kingstown.

The accident happened when the employees were exposed to dangerously high levels of paint vapors when they were painting the inside of a tugboat. One of the employees lost consciousness in that confined area and had to be saved by the North Kingstown Fire Department. According to an inspection that was conducted by the Providence Area Offices of OSHA after the accident, it was discovered that the company did not take the proper safety precautions for employees who were required to paint within small, enclosed areas.

Our Massachusetts workers’ compensation attorneys understand that painting jobs may not seem that dangerous, but the truth of the matter is that this accident could have easily turned fatal. Employers are required to take the proper safety measures to help ensure workers’ safety on the job. Employees must also be properly trained to work in these conditions. Employers are also required to make sure that employees receive this safety training. No employee should ever have to work in a confined space until the air and the atmosphere have been tested. Employers are also required to ensure that there are adequate rescue procedures in place and that the proper respiratory protection is available should it be needed.

“Confined spaces are characterized by toxic, oxygen-deficient or flammable atmospheres that can be deadly for employees,” said Patrick Griffin, an OSHA area director.

Inspectors from OSHA also discovered that the company did not properly check for the dangerous conditions within that confined space in the tugboat, it failed to test the atmosphere for toxic or flammable gases prior to the worker entering the unit and it failed to provide confined space training for workers that were working in the small space. Lastly, the company was cited for failing to offer workers the proper respiratory protection, the appropriate respirator fit-testing, and for failing to provide any type of safe ventilation equipment.

For all of these problems, AMEX Inc. was issued 12 violations with a $72,000 fine total. The company also was fined $900 for failing to keep an accurate illness and injury log.

The company is allowed 15 business days to contest the findings, to comply or to meet with an area director.
Continue reading

The Occupational Safety and Health Administration (OSHA) just released the new “National Emphasis Program” (NEP) to be used by chemical facilities to help keep employees safe from work-related accidents in Massachusetts and elsewhere. Employers are required by law to provide safe working conditions for all employees. OSHA takes the responsibility to oversee work sites to help ensure employees are doing the right thing to help protect workers.

“Far too many workers are injured and killed in preventable incidents at chemical facilities around the country,” said Dr. David Michaels with Occupational Safety and Health. “This program will enable OSHA inspectors to cover chemical facilities nationwide to ensure that all required measures are taken to protect workers.”

Our Boston workers’ compensation attorneys understand that this new program was designed to replace the previous Chemical Facility National Emphasis Program from 2009. The new program will be used to enforce the new procedures and policies for inspectors to investigate work areas that are covered under the administration’s Process Safety Management (PSM) standard. The new inspections will be done at random, and will target only those companies that work with high amounts of hazardous chemicals. Companies working with dangerous chemicals can be susceptible to serious accidents if the proper safety measures aren’t taken to protect employees.

The previous program covered only a portion of the companies nationwide that deal with dangerous chemicals. The new program will be looking over many more companies. In addition to conducting inspections, the program will be working to raise awareness about the dangers that come along with working closely with dangerous chemicals. The new program will also provide useful tools for employers and employees to use help prevent a chemical-related work accident.

The first Process Safety Management standard was launched in 1992 after a number of catastrophic accidents occurred around the world and involved dangerous chemicals and serious work-related injuries.

In 1994, OSHA took enforcement even farther by launching a new program. This new instruction established policies, procedures, clarifications, and compliance guidance for enforcement of the PSM standard under the “Process Safety Management of Highly Hazardous Chemicals.”

Then in 2009, the administration launched a pilot National Emphasis Program for chemical facilities that were covered under the PSM. The pilot program tested the new approach for inspecting PSM-covered facilities that allowed for a greater number of inspections nationwide. Officials determined that OSHA was then able to increase the number of PSM facilities inspected with relatively limited resources.

Employers are required to protect employees on the job. This is especially important for workers who work with dangerous chemicals. The new program offers a list of safety measures and other preventative measures that employers can take to help to reduce the risks of a potentially serious work accident.
Continue reading

Even more is being done by the Occupational Safety and Health Administration (OSHA) to warn salon owners and employees about the dangers that are associated with the use of formaldehyde and the risks of work-related injuries in Massachusetts from overexposure to the substance.

Just a month ago, OSHA dished out a number of violations and fined 2 salons for not taking the proper safe measures to prevent employees from being exposed to the chemical. This substance can cause allergic reactions to the skin, can irritate eyes, lungs and noses and can caused cancer.

Our Boston workers compensation attorneys understand that salons are required by law to take the proper precautions to keep workers safe when working with formaldehyde. So far in 2011, OSHA has handed out violations and citations for nearly 25 salons and beauty schools throughout the country, including in Massachusetts. The fines were up to $17,500 per visitation and were issued for failing to protect employees from overexposure and unnecessary exposure to the product.

“We want to make sure that salon owners are aware that if they use these products, they have to implement protective measures,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

In three difference hair salons, test results concluded that employees were exposed to dangerous levels of the chemical for longer than the agency’s 15-minute short-term exposure limit. At one of the violating salons, OSHA inspectors determined than an employee was exposed to formaldehyde more than five times over the allowable amount.

Beauty salons are urged to use products that are marked as “formaldehyde free.” Products should also be free of glycol, methylene and methylene, which are other common names for formaldehyde. If a salon must use a product with formaldehyde in it, it is required by law to monitor the air condition, train employees and keep an eye on the levels of formaldehyde that are in the air. Respirators and proper ventilation must also be provided.

To help combat the problem, OSHA has conducted a number of outreach programs to help to educate manufacturers, salon schools and salons and to also warn them about the dangers affiliated with the product. Back in September, OSHA released a hazard alert to owners of salons across the country to warn them about these same problems as well. This new alert is similar to the September release, but has been revised and was requested by the U.S. Food and Drug Administration (FDA).

Salon owners can request an on-site consultation from OSHA. This service is free and will not result in penalties, violations or citations. This consultation is offered to help owners to improve the safety of their business. In 2010, OSHA program consulted approximately 30,000 businesses that employed nearly 2 million people across the country to help make work areas safer for employees and for customers.
Continue reading

“The real deal still is Black Friday. It still is the single best shopping day of the year.” Edgar Dworsky, founder of ConsumerWorld.org, told CBS Boston.

While Black Friday is the busiest shopping day of the year for consumers, it’s also one of the most dangerous days for retail workers around the country. Work-related accidents are very common on the day after Thanksgiving as thousands of people wait for the early morning deals. Without the proper safety strategies and crowd control procedures workers can be injured in work-related accidents in Boston on Black Friday.

Our Massachusetts workers compensation attorneys understand that consumers from around the state will be setting out early on Black Friday to snag some excellent deals. Employers are required to provide safe working conditions for all employees, and this includes on the busiest shopping day of the year. Employers are urged to get a plan together to help regulate crowds and how to best equip employees with the tools they’ll need to safely address Black Friday shoppers.

Black Friday grows more and more popular with every passing year. The risk for injury has increased as well. Back in 2008, a worker even died at the opening of a Black Friday sale. The Occupational Safety and Health Administration offers employers some safety tips to help ensure everyone stays safe during this year’s big sale. With the proper safety precautions, companies can reduce the risks for work-related injuries.

Safety steps to help reduce injury on Black Friday:

-If you’re expecting a large crowd, be sure to have the proper security or police on site.

-Make sure you have enough employees on site and positioned strategically.

-Train workers on how to handle large crowds before the event.

-Designate a specific worker to call emergency responders when needed.

-Make sure the premise is marked with appropriate signs indicating entrances, exits, opening times and locations of restrooms and sale items.

-Create a plan to address the dangers that workers can face, including violent acts, fires, crowd control, crowd crushing, overcrowding, etc.

-Place barricades in necessary areas, such as the front of the store and check-out lines.

-All workers should be alerted when the store is about to open its doors.

-Consider conducting a lottery for big sale items.

-Make sure that shopping carts and other obstacles are placed in a safe place away from crowded areas.

-Keep an eye on your building’s maximum capacity.

-Provide the proper entrances for those with disabilities.

-Never block your exits.

-Always keep first-aid kits on hand. It’s important to keep Automated External Defibrillators (AEDs) as well as people who are trained to use them.

-Instruct employees to follow instruction of authorized responders in the event of an emergency and to disregard company rules if they conflict.

We can all have a safe and exciting Black Friday if employers keep these safety tips in mind. Happy Shopping!
Continue reading

Massachusetts Bay Commuter Railroad Co. LLC was recently served with 22 violations by the Occupational Safety and Health Administration (OSHA) for failing to address a number of work site hazards and for failing to prevent work injures in Somerville. The railroad company failed to meet a number of health and workplace standards at its maintenance facility in Somerville on Rear Third Avenue. All of these fines totaled nearly $131,000.

These violations were witnessed during OSHA inspections from April to October. The inspections revealed that the workers in the company’s coach, pipe, truck, carpentry and diesel facilities were exposed to blood-borne pathogens, amputations, lacerations, chemical burns, falls, fired, electrocution, electric shocks, as well as to injuries from tripping, slipping and crushing hazards.

Our Massachusetts workers compensation lawyers understand the dangers that people who work with railroad equipment can be exposed to. Employees working alongside commuter railroads can be exposed to a wide variety of work hazards. These positions require skilled labor and can produce deadly results if the proper safety precautions are not met. Employers are required to ensure that work sites are hazard free and that work conditions are safe for everyone. We recognize that some dangers were corrected at the Massachusetts Bay Commuter Railroad Co. LLC’s Somerville facility following inspections, but before the company can be off the hook, they need to correct every last danger.

“The sizable fines proposed here reflect the number and breadth of hazardous conditions found at this facility,” said Jeffrey A. Erskine, OSHA’s area director for Middlesex and Essex counties.

Violations found at the Somerville facility:

-Unqualified workers were working on the company’s energized electrical equipment and they were not provided with or using the proper protective equipment. This protective equipment includes voltage-rated tools and fire-resistant clothing.

-Employees were exposed to a number of electrical circuits.

-The company neglected to offer employees who were exposed to blood-borne pathogens hepatitis B vaccinations.

-The work site did not have properly labeled containers for its hazardous chemicals.

-There were saw blades that were not properly guarding.

-The company allowed workers to handle corrosive materials without protective clothing, hand protection or face shields.

-The site had numerous blocked emergency exits.

-The site was improperly storing flammables.

-There were also improperly stored acetylene and oxygen cylinders.

-Workers and supervisors on the site were misusing power cords.

-The company failed to lock out electrical power sources during required maintenance.

A company will get a serious violation when there is a hazard that could potentially cause serious physical harm or death. In these cases, an employer should have known and addressed the hazard to help prevent any unnecessary accidents.
Continue reading

The Occupational Safety and Health Administration (OSHA) recently released a new “Workers’ Rights” booklet. This booklet is designed to replace “Employee Workplace Rights.” Under the Occupational Safety and Health Act of 1970, workers have a right to a safe workplace and be protected from work-related injuries in Massachusetts and elsewhere. Employers are required to minimize all work-related hazards.

Our Boston workers’ compensation attorneys understand that employers have specific guidelines they must follow to help prevent work-related injuries and fatalities. When these guidelines are not met, OSHA will step in to take the appropriate actions to fix the situation and to rebuild employer safety standards. If you witness unsafe working conditions, you’re urged to contact a supervisor or OSHA. If you’ve been injured on the job, you’re urged to contact an experienced attorney to help you fight for your rights as a worker in the United States.

The Occupational Safety and Health Act of 1970 is in place “to assure safe and healthful working conditions for working men and women.”

Workers’ Rights:

-Workers can file a complaint: Employees have the ability to file a complaint with OSHA. These complaints will result in a workplace inspection.

-Workers are entitled to information and training resources regarding workplace hazards, methods to prevent hazards, and information to OSHA safety standards that apply to their field of work. Worker training is required to be done in the language and vocabulary that an employee can understand.

-Workers have the right to review records of injuries and illnesses that have occurred at their place of work.

-Workers have the right to obtain copies of test results and monitoring measures to ensure that hazards are contained in the workplace.

-Workers have the right to get a copy of workplace medical records.

-Workers have a right to participate in an inspection conducted by OSHA and to speak in private with the inspector.

-Workers have the right to file a complaint with OSHA if they feel they’ve been retaliated or discriminated against by an employer after they’ve requested an inspection or because they’ve exercised any of their other rights.

Those not covered by the Occupational Safety and Health Act:

-Workplace hazards that are regulated by another federal agency. This includes Coast Guard, Federal Aviation Administration, Mine Safety and Health Administration, etc.

-Those who are immediate family members of farm employers.

-Those who are self-employed.

Important examples of OSHA safety standards:

-Employees must be provided with fall protection, including lifelines and safety harnesses.

-Preventing cave-ins during excavation and trenching projects.

-Ensuring the safety of employees who work in confined areas such as grain bins and manholes.

-Limiting the exposure to high noise levels that have the ability to damage hearing.

-Keeping guards on dangerous machines.

-Control dangerous chemicals, including lead, asbestos, etc.

-Provide health care to employees.

-Properly train workers.
Continue reading