Massachusetts Workers Compensation Lawyers Blog

“To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act…” reads the Occupational Safety and Health Act of 1970.

The Occupational Safety and Health Administration (OSHA) recently released an informational booklet to help educate employers about their rights and responsibilities after an OSHA inspection. Companies are oftentimes subjected to federal inspections by OSHA to help ensure workplace safety and to help prevent work-related accidents in Boston and elsewhere.

How an OSHA inspection works is that an OSHA compliance safety and health officer inspects a workplace in search of any hazards that could potentially harm employees. Once the inspection is completed, the findings are handed over to the OSHA area director who will then evaluate the findings. If a violation is discovered, then OSHA will hand over both a Notification of Penalty and a Citation. The documents will detail the violation and provide the business with a list of options, including ways to correct the violation, to contest the findings and how to pay the fines.

Our Massachusetts workers’ compensation attorneys understand that OSHA provides a violating company with all of the information it needs to correct the situation. They’re provided with the nature of the violation and the possible abatement measures a company can take to fix the situation. Employers can either agree or appeal the findings. If an employer disagrees with the findings, they’re allotted 15 business days to contest in writing the citation, the penalties or the abatement date. Employers are always welcome to schedule a meeting with their OSHA area director if they have any comments or concerns.

Possible violations:

-Willful Violation: This illustrates a hazard in which the employer displayed complete disregard for. Fines for this violation can range from $5,000 to $70,000 per violation.

-Serious Violation: This illustrates a hazard that could cause serious physical harm or death where the employer may not have been aware of the hazard. Fines for this violation can be up to $7,000 for each violation.

-De Minimis: This illustrates an instance in which an employer has created measures different from the ones provided by OSHA and that have no relation to health or safety. These violations don’t come with any specific citations or penalties.

-Failure to Abate: This illustrates when a hazard has already been cited by OSHA and the employer didn’t correct the situation. However, if the hazard was corrected and it reoccurs later then a company will get a repeat violation. Failure to Abate Citations can be up to $7,000 for each violation.

-Repeated: This is when an inspector finds the same hazards at the same work site within five years after its first discovery. Repeated violations can bring a civil penalty of up to $70,000 for each violation.

Employers are urged to contact the OSHA Commission if they’re facing any violations and they’re questioning any findings. The interpretations and enforcement policy can change over time.

OSHA provides all employers with its Employer Rights and Responsibilities: Following a Federal OSHA Inspection booklet.
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The Occupational Safety and Health Administration recently joined forced with Restaurant Opportunities Centers United (ROC-United) to raise awareness about the importance of worker safety. They’ll be working to educate employees and employers about ways to reduce injuries under their new “Alliance Program.” The two organizations will be focusing on trip, fall, slip, burn and cut injuries on the job. They will also be addressing safe workplace issues that affect small businesses and young employees in an attempt to prevent work injuries in Massachusetts and elsewhere..

“Many teens’ first work experience is in the restaurant industry, so this Alliance is a great opportunity to reach these and other restaurant workers and employers to raise awareness of ways to promote safer, more healthful workplaces,” said Assistant Secretary of Labor for Occupational Safety and Health, David Michaels.

Our Boston workers compensation attorneys understand that restaurants and various other types of drinking and eating businesses currently employ nearly 12 million people in the U.S. About 30 percent of these employees are under the age of 21. It is important for parents and employers to look after these young workers as they’re not always aware of their right as an employee in the U.S. Many of these individuals may not know to speak up against unsafe work conditions or may be too intimidated to do so. In 2006, 30 teens under the age of 18 died from work-related injuries. By helping to educate the public, the Alliance Program aims to enhance worker safety among restaurant workers.

The two organizations created the alliance to produce important fact sheets and health and safety pamphlets to raise awareness about the commonality of cuts, burns, trips, slips and falls. The two organizations will also be creating case studies on lessons learned. These will be created to help train employees and employers on how to effectively handle dangers and hazards in the restaurant industry.

ROC-United is an organization recognized nationwide and has workers across the country. It currently has about 8,000 members. It was founded back in 2008. ROC-United uses its efforts to focus on making work conditions safer for everyone who works in a restaurant. It also coordinates a number of nationwide campaigns for employees of the industry.

Through these two organizations and their formation of the Alliance, they work with employers, employees, safe workplace advocates and other groups to reduce the risks of work-related illnesses, injuries and fatalities. Some of these other groups include educational institutions, community-based organizations, consulates, unions, business institutions, faith-based organizations and other professional and traded organizations.

All of these parties work with one another to develop tools to help make sure that businesses are working within federal safety regulations. They also work diligently to educate workers and share important information regarding work safety with employers and employees. The participants of the Alliance Program are not exempt from OSHA inspections.
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Walsh Corp., based out of Dorchester, has been cited for a number of violations by the Occupational Safety and Health Administration (OSHA) for failing to protect its employees from avoiding a Hanover work accident. At the work site, employees were subjected to various “struck-by” and cave-in hazards. These violations came with proposed fines of more than $160,000.

An inspector from OSHA witnessed the Walsh Corp.’s violations after it was hired to install a water main on Rockland Street. The inspector says he saw trenches that were deeper than 5 feet that were not protected. These trenches were straight-walled and had nothing there to keep the walls from collapsing. The inspector also reported that the concrete around the trench had not been removed, supported or undermined to stop it from going into the trench. Trenches are prone to cave in when they are not properly supported. Employers have an obligation to provide safe work conditions for all employees, regardless of the industry.

Our Massachusetts workers compensation attorneys understand the dangers that trench workers face on the job. These accidents are 100 percent preventable if workers and employers take the proper safety precautions. According to the U.S. Bureau of Labor Statistics, there were nearly 300 employees who died in excavation or trenching cave-ins from 2000 to 2006. Nearly 70 percent of these fatalities happened among companies with fewer than 50 employees. Roughly 50 percent of these fatalities occurred within companies that had fewer than 10 workers. These types of accidents are completely preventable by using safe work practices, protective equipment and proper engineering controls.

Walsh Corp. was also cited for failing to use a ladder in the trenches on the site. Ladders are to be kept on site to provide a safe way to get out of a trench. The inspector also reported that workers were not wearing the proper head protection to keep them safe from being struck by falling debris. Lastly, the company was cited for having supervisors who failed to address these hazards. Each work site is required to have an overlooking individual who possesses the knowledge to identify these hazards. If these conditions are present, these individuals are instructed to keep employees out of the unsafe trenches.

“These conditions could have been a precursor to death or severe injury for this worker,” said OSHA’s area director for Boston and southeastern Massachusetts, Brenda Gordon.

Reports indicate that the walls of the trench could have fallen in at any second. A collapsed trench could potentially suffocate a worker. Employers are required to have knowledge to recognize these hazards and be able to correct them. Walsh Corp. was fined to the highest degree for failing to address these hazards. They were also fined more than $20,000 for other three serious violations.
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A popular chain of supermarkets was recently fined by the Occupational Safety and Health Administration for failing to protect workers from work accidents in Massachusetts and in New Hampshire. The company, DeMoulas Supermarkets Inc. does business as Market Basket, and is now facing fines of nearly $600,000 after being cited with 30 violations. A majority of the violations resulted from the company failing to once again eliminate laceration and fall hazards after already being warned, and for not properly responding to a worker’s injury-resulting accident.

“Employers with multiple locations have a responsibility to ensure safe and healthful working conditions at all of their workplaces,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

Our Boston workers compensation attorneys would like to reiterate the importance of safe work conditions for all employees. Regardless of the industry, employees are required to be protected from injury on the job. If a company is observed neglecting this obligation, it can face serious fines, penalties and potential shutdown.

The inspection of these stores started after a worker broke his arm and suffered from head trauma after an 11-foot fall to the concrete floor. In this accident there was an inadequately guarded storage mezzanine. The store didn’t deal with the accident properly. Instead of calling for professional help, store management got the worker a wheelchair, sat him by the receiving dock, and made him wait for a relative to come and pick him up to take him to the hospital.

Another inspection was conducted after a supervisor from OSHA witnessed the same type of fall hazard at another one of the company’s stores. At several stores, workers were not provided with adequate guardrails to help prevent falls.

The laceration dangers pertained to employees who worked in the bakery, deli and produce departments. Since the grocery stores failed to conduct hazard assessments, the workers were unnecessarily exposed to dangerous knives.

The company has previously been informed about both the fall and the laceration hazards. For neglecting to address these problems, the company was slammed with more than $260,000 in fines. A company is required to correct hazards after being notified by OSHA. When a company fails to make these corrections, serious penalties occur.

They also received nearly $226,000 in citations for the repeat violations.

The repeat violations were witnessed at the following stores:

-Andover
-Westford
-Tewksbury

-Fitchburg
-Ashland
-Salem
Other violations were handed over with fines of nearly $103,000. These fines were for failing to report the fall accident properly and for moving an employee who had been injured. Even more violations were handed out for failing to cover electrical equipment, lacking hand and eye protection, allowing employees to work near battery acid, and neglecting to keep the emergency eyewash station working correctly.
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A recent Quincy work accident turned deadly on Route 3A. The accident happened when a worker fell from a bucket truck when it was hit by a tractor-trailer that was passing by, according to the Boston Globe.

Michael Morrissey, the Norfolk District Attorney, reports that the 58-year-old worker of Braintree was working in the truck’s bucket on a traffic light at the intersection of Chubbuck and Washington Streets when the accident happened. After the collision, the worker was transported to the Boston Medical Center where he was later pronounced dead. The driver of the tractor-trailer who hit the bucket truck stopped at the scene of the accident and has spoken with police. The Occupational Safety and Health Administration is currently investigating.

Our Boston workers compensation attorneys know we’ve all been there. You’re running late for work and a utility truck or other type of construction vehicle is slowing up traffic. We’ve all thought about speeding by these traffic-slowing workers, but there’s nothing good to come of it. Ignoring workers and utility vehicles on our roadways is a recipe for disaster. There are construction zone rules and they’re there for a good reason, to save lives and prevent injury. There were more than 700 people killed in work zone-related accidents in 2008, according to WorkZoneSafety.org. There are thousands more of work-zone car accidents that result in serious injury.

Most commonly, these types of accidents are caused by motorists who fail to obey the reduced speed limits and other road rules. In these areas, both vehicle occupants and workers are at risk for a serious accident.

We offer you these safety tips to help to prevent an accident in a construction zone:

-Be sure to acknowledge all warning signs posted before such hazards.

-Always follow speed signs. Speeds have been reduced in areas in which dangers are present.

-Practice alert driving and curb all distractions.

-Put all of your focus on the road when you’re traveling near or through work zones and when you’re traveling near utility vehicles.

-Always drive through these areas with your headlights on so that your car is easily spotted.

-Never tailgate in the areas. Lane changes and stoppage in traffic heightens the risks for rear-end accidents.

According to the U.S. Department of Transportation, speeding is the number one contributor of traffic-related accidents in work zones and with utility vehicles. Whenever you’re near either of these scenarios, drive slowly and cautiously. Supervisors of road construction projects are to ensure that all of the proper safety precautions are taken before beginning work. Traffic flow needs to be monitored and altered to help ensure the safety of all workers.
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Construction workers are some of the most vulnerable employees for a fatal work accident in Massachusetts and elsewhere. We’ve previously discussed the dangers of trench employees and the oftentimes gruesome accidents witnessed in this industry, welling is relatively similar. A recent well-related accident in Hampden illustrated just how devastating they can be.

In the recent accident, a 61-year-old Vernon, CT man fell into a well and was killed. The man fell about 12 feet into the well. Officers responded to the accident, but got there too late. The man was pulled from the well by emergence responders, but was pronounced dead at the scene, according to The Hartford Courant.

Our Boston workers’ compensation attorneys understand that this well-digging crew was a two-man team of experienced diggers. Many victims of these types of accidents are in fact specialized in this type of work, but without the proper safety precautions fatal accidents can happen.

“It was 60 years combined experience between them. It was an accident that was not foreseen,” said Jeff Dion, office manager at the well company, Stavens Brothers
The men were using a drilling rig that was nearly 70 feet tall. The accident happened when the hole was about 5 feet wide and nearly 20 feet deep. When the Vernon man fell, his partner tried to catch him, but was unable to as he lost his grip.

Officials aren’t sure what caused the man to fall.

The accident is currently being investigated by the Massachusetts Department of Industrial Accidents, the Massachusetts State Police and the Hampden Police Department.

Well-drilling companies should ensure the following to help ensure safe work sites:

-Create a site-specific safety plan that covers all employees and their specific scope of work.

-Consider enacting a medical surveillance program for employees who may be at risk for severe exposure to environmental contaminants above a permissible exposure limit. More information regarding these types of dangers can be found in the NIOSH Pocket Guide to Chemical Hazards.

-Provide respiratory protection for all employees to help to protect against site-specific contaminants on a case-by-case basis.

-Make sure that sites are tested for respiratory contaminants before beginning work.

-Make sure that your company has enacted some sort of hazardous waste operation to help dispose of any harmful materials.

-Use the proper decontamination processes to help ensure that all materials and workers are kept safe from hazardous materials. Decontamination materials may include disinfectants, organic solvents, surfactants, detergents and distilled water. These decontaminating materials should be used by brushing, absorbing or wiping off infected surfaces. Air compression is also acceptable.

-Make sure that all employees have been trained to discourage outside onlookers and know how to properly mark off a work zone with caution tape.

The proper training and the proper safety measures can help to eliminate potential dangers and hazards from a work site and can help to keep workers safe.
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Our Boston workers’ compensation attorneys recently discussed the dangers that workers face who work with, in and around wells. Trenching employees face some of the similar dangers as well employees. Both sets of workers face high risks for serious accidents if the proper safety precautions are not taken.

Officials from the Occupational Safety and Health Administration (OSHA) are talking about the dangers that workers face in trenching operations as well. As a matter of fact, the Administration recently released three new guidance sheets that are filled with tools and tips to help these workers to stay safe on the job.

Workers who spend their day in trenches face the most risks for fatal accidents within the construction industry. There have been more than 200 employees who have died in trench-related cave-ins since 2003. Hundreds more workers have been injured in trench-related work accidents in Massachusetts and elsewhere.

“No worker’s life should end in a trench,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Cave-ins are some of the worst and most horrifying causes of death within the construction industry. Still, these gruesome accidents are some of the most preventable. This new guidance material is aimed at preventing some of these tragic accidents. Through the new material, employers and employees can educate themselves to take the proper precautionary steps to protect everyone working near trenches.

Information provided through the guidance includes:

-An updated fact sheet about the dangers that can be present when working in trenches. The sheet also provides a list of safety measures that are required to be used to protect these workers.

-A new QuickCard will be included to be referenced as a simple guide of safety measures and trenching hazards. The card will include graphics to provide a clear picture to workers and employers.

-A poster to place in dangerous areas that will alert workers and others to keep away will be included in the new guidance as well. This poster is to help remind workers that safety measures need to be taken to avoid a potentially fatal accident.

Here are some general excavation and trenching rules:

-Make sure that heavy equipment is kept away from the edges of trenches.

-Keep an eye out for other things that could possibly affect a trench’s stability.

-Keep spoils and other items at least three feet away from the edges of a trench,

-Make sure to locate any underground utility wires or pipes before digging a trench.

-Make sure that tests have been conducted to locate atmospheric hazards, like low oxygen, toxic gases or hazardous fumes when the trench is at least 4-feet deep.

-Make sure that all trenches have been inspected before the beginning of all shifts.

-Always inspect a trench after its rains or after any other form of water intrusion.

-Never work underneath a raised or suspended load when inside a trench.
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