Massachusetts Workers Compensation Lawyers Blog

We recently discussed work-related heading loss on our Boston Personal Injury Attorney Blog. Throughout the entry, we discussed the statement that OSHA released stating that they were not going to go forward with the previously proposed “Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise” rule because there wasn’t enough resources or public outreach needed to do so.

Recently, the Occupational Safety and Health Administration (OSHA) announced that it will be holding a meeting with stakeholders in an attempt to address comments, concerns and questions regarding the current occupational hearing loss prevention program. Our Boston workers’ compensation attorneys understand how important these types of initiatives are.

Unfortunately, hearing loss can take years to occur and may not be caused by a single accident. If you feel you’ve lost your hearing because of your job, it is critical for you to contact an experienced attorney to help to you determine the cause of the loss and to help you to collect the compensation you deserve.

This meeting will be held on November 3 and will be used to gather information from the stakeholders about the best and most effective practices and programs that can be used to conserve workers’ hearing. The meeting will also address feasible engineering controls and workers’ personal protection equipment for these types of incidents.

Although OSHA previously refused to pass additional proposed regulations to control occupational noise, they continue to claim that they’re going to do their best to work with stakeholders to prevent work-related accidents pertaining to employee’s hearing.

“Between 20,000 and 25,000 workers suffer preventable hearing loss every year due to high workplace noise levels,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Back in January, the Administration launched a consultation, outreach and education initiative to help prevent work-related hearing loss incidents. This November meeting is aimed to checking in and checking up on that initiative.

If you are interested in attending the meeting, you must register first. The deadline for the event’s registration is October 27.

Occupational hearing loss dialogue information:

Location: Frances Perkins Building, U.S. Department of Labor Address: 200 Constitution Ave. N.W., Washington, DC.
Room: N-4437 A/B/C/D,
Phone: 781-674-7374 Fax: 781-674-7200. All faxes should have a cover letter reading: ATTN: OSHA Preventing Occupational Hearing Loss: Stakeholder Meeting.” Please be sure to include your name, your contact information and the organization or company you’re affiliated with.

It is estimated that only 20 percent of employees who should be wearing hearing loss protection actually do. While this OSHA’s meeting with stakeholders is a step in the right direction, its failure to pass tougher rules to regulate noise pollution has not been forgotten. Workers who are likely to be affected by hearing loss-related work accidents are those in the mining, military, transportation, entertainment, manufacturing and construction industries.
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There’s a new guidance available to employees and employers to help to reduce the risks of nail gun-related work accidents in Massachusetts and elsewhere. The information is targeting construction workers and provides vital information regarding nail guns.

The guidelines were provided by the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA).

Our Boston workers compensation attorneys understand that nearly 40,000 workers visit an emergency room every year because of nail gun-related injuries. This new release aims to help educate construction employees and other workers who use the devices to help improve safety on the work site. Many injury reports involving a nail gun are in fact preventable with the proper skills, training and safety precautions.

Workers in the construction industry, more specifically workers in the residential construction field, use nail guns on a daily basis. These tools help to move a job along swiftly with their easy-to-use design. Still, there have been an alarming number of both external and internal bodily injuries resulting from their use.

Nail guns can cause injuries by:

• Bouncing off a hard surface and at you or another employee.
• Missing the surface intended to be nailed and becoming airborne.
• Falsely disabling the gun’s lock and safety features.
• Other improper uses.
• Lack of training.

These injuries can be prevented if employers and employees take preventative measures. Some of these measures can include using a full sequential trigger nail gun, establishing nail gun work rules and procedures, properly training employees with medical aid response and also by providing employees with their own personal protective equipment.

A recent study concluded that 2 out of every 5 residential construction employees suffer from a nail gun injury at least once in a four-year period. The study also concluded that 1 out of every 5 employees are injured twice and at least 1 in every 10 employees are injured two of three more times in the same time four-year period. Unfortunately, officials believe that many of these injuries are never reported and that the actual number of yearly injuries and deaths that are caused by nail guns is much higher.

Employers should go over the following with employees about nail gun safety:

-How to properly load a nail gun.

-How to operate the connected air compressor.

-How to safely fire a nail gun.

-How to secure lumber during placement work.

-What to do when nailing near ricochet-prone surfaces.

-How to hand awkward work positions, like working on a ladder or toe-nailing.

Employers are required to provide workers with the proper safety knowledge, skills, protections and education for work-related duties. When a worker is injured on the job, it is critical to contact an experienced attorney to help make sure that you receive the compensation you deserve.
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In 2010, about 70 percent of all workers employed at acute care hospitals in the state got a flu vaccination. A recently released report from state public health regulators stated that the percentage of employees who got this vaccination have increased since the 2008-2009 year.

At a recent debate among the Public Health Council, members discussed the idea of mandatory vaccines for all hospital workers to reduce the risk of work-related illnesses in Massachusetts, according to The Boston Globe. The panel consists of consumer advocates, doctors and professors.

Our Boston workers compensation lawyers understand that hospital employees are at a unique safety risk for contracting a number of illnesses. These individuals and their employers should take all of the proper safety precautions to reduce the risks of these incidents in the workplace.

According to the director of the Bureau of Healthcare Safety and Quality, Dr. Madeleine Biondolillo, all employees should have this vaccine and hospitals should aim to get a participation rate of more than 90 percent, but definitely no lower than 73 percent.

Her proposal is voluntary but highly encouraged. The goal of the idea is to help to keep employees from giving the flu to patients and to protect them in the event of a flu outbreak.

Some of the members of the Public Health Council said that the proposed rate increase may take longer to achieve than that.

Currently, Massachusetts requires that all hospital workers must either be vaccinated or they must sign a form stating that they’ve refused the shot. Under these rules, employees can opt out of the vaccination for religion and medical exemptions.

A specialist at Lahey Clinic, Dr. Robert A. Duncan, says that his clinic upped its vaccinate rate by roughly 70 percent to nearly 100 percent in just eight weeks. The way the clinic increased its rates was by setting a policy requiring those who didn’t get a vaccination to wear a surgical mask at work throughout flu season whenever the worker was within a 6-foot radius of another person.

A member of the council and the dean at Boston University’s School of Public Health, Harold Cox, says that rules need to be stricter and lawmakers and facilities need to act stronger to push this measure. All employees need this vaccination to prevent illnesses in the workplace.

The Massachusetts Hospital Association says that they strongly support a measure that would make these types of vaccinations mandatory for all employees. The Association believes that it’s unfair to patients to allow roughly 20 percent of workers to walk around unprotected and able to carry and pass on various illnesses.

Accord to a recent report, the hospitals with the most employees with the flu vaccine:
-Lahey, with more than 96 percent.
-Children’s Hospital Boston, with more than 91 percent.
-Fairview Hospital, with more than 88 percent -Martha’s Vineyard Hospital, with more than 83 percent.
-Newton-Wellesley Hospital, with 83 percent.

Employees are asked to take all of the necessary safety precautions to help avoid the transmission of any illness or disease. Employers are also required by federal law to provide safe and sterile work environments for hospital employees.
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A dentist is being sued for violating worker’s rights in Boston, being accused of firing one of his employees for voicing concerns about needlestick hazards after filing a health complaint with the Occupational Safety and Health Administration (OSHA), according to the U.S. Department of Labor.

“Workers have the right to perform their jobs without being exposed to life-threatening hazards as well as the right to raise concerns when faced with such hazards,” said Marthe Kent, OSHA’s New England regional administrator.

Our Massachusetts workers’ compensation attorneys understand that doctors, hospitals and medical facilities have an obligation to protect employees from dangerous hazards, including blood borne contamination. The Labor Department helps to enforce federal standards to help ensure that employees are provided with the proper protection on the job.

The lawsuit that the Department of Labor has filed against the Boston dentist seeks lost wages, interest, benefits and compensatory and punitive damages. Lastly, the lawsuit seeks to prevent the dentist from every putting his employees in danger of violating the Occupational Safety and Health Act in the future.

According to the Centers for Disease Control and Prevention, there are approximately 500,000 workers exposed to bloodborne pathogens through sharps injuries ever year. It is also estimated that there are about 1,000 percutaneous injuries every day. Technicians, physicians, nurses and housekeeping staff members are particularly at risk for sharps injuries. Researchers estimate that it is likely that for every 100 occupied hospital beds, nearly 30 of these injuries happen.

Sharps injuries can result in the transmission more than 20 pathogens, including:

-Human immunodeficiency virus (HIV)
-Hepatitis C (HCV)
-Hepatitis B (HBV)

The CDC estimates victims of these contaminants cost about $3,000 for the proper testing, counseling and post-exposure prophylaxis.

Costs and incidents may be much higher than expected as the Massachusetts Sharps Injury Surveillance System predicts that anywhere from 22 percent to 99 percent of sharps injuries are never reported.

To help reduce the risks of bloodborne pathogens, OSHA suggests:

• Establish an exposure control plan to minimize of eliminate occupational exposure.
• Update the plan regularly to reflect changes in procedures, positions that affect these exposures, tasks and technological exposures.
• Use signs and labels to communicate hazards.
• Keep proper worker training and medical records.
• Keep hepatitis B vaccinations on hand for all employees.
• Provide workers with personal protective equipment (PPE), including gowns, gloves, masks and eye protection.
• Provide the proper training and information to all employees.
• Examine work procedures to ensure that they are done in a way that suggests the least risk to workers. If a simpler and safer way can be implemented, do so.

The Massachusetts Sharps Injury Surveillance System requires that all sharps injuries be reported. The system understands that many employees may not report the injuries for a few reasons:

• They may not think that they are at a high risk
• They may fear the disease they may have gotten
• They wish to avoid the paperwork and procedures following an exposure
• They may fear that they could put their job at risk

But while these are all understandable concerns, they shouldn’t come between a workplace injury and filing a claim. Without filing a timely workers’ compensation claim, the worker may lose their rights and regret it forever.
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A metal-parts manufacturer in Massachusetts that supports aerospace, aviation, energy and defense markets was recently issued nearly 40 violations for failing to adequately prevent work accidents in North Billerica.

The Occupational Safety and Health Administration (OSHA) recently conducted an inspection of Spincraft in North Billerica after an employee was reported to have sustained a number of injuries to the eye and face after a work-related accident. The accident report stated that the employee was injured as he was operating a portable grinder. The grinding wheel ruptured and launched into his face. According to reports from the inspection, the grinder wasn’t properly guarded or set up correctly. Additionally, the employer did not take proper precautionary steps to ensure the machinery was being operated at the correct speed. Because of the violations, the company is facing nearly $200,000 in proposed fines from OSHA.

“This is exactly the type of needless injury OSHA standards are designed to prevent,” said Jeffrey A. Erskine, OSHA’s area director for Essex and Middlesex counties in Massachusetts, in a news release.

Our Boston workers compensation attorneys understand that every employer has a responsibility to ensure that work sites are safe for employees. Employers are required to minimize all reasonable hazards to prevent an accident. All machinery must be examined and fit to work under necessary conditions. If these steps are not taken by an employer, they can be held responsible for compensation for an employee if an injury or death results. OSHA is responsible for ensuring that employers across the country are providing safe working conditions for all employees. Failure to do so can result in violations, citations, fines and potential shut down.

The OSHA inspection also found the following violations at the North Billerica plant:

-Exit access areas were obstructed.

-Propane was not properly stored.

-Cranes were not inspected often enough.

-Crane running ropes were not inspected.

-Crane upper limit switches were not tested.

-Efficient training regarding potential work site hazards was not provided to employees.

-Electrical hazards were present.

-Unguarded floor holes and ladderway openings were observed.

-Open-sided platforms and floors.

Spincraft was handed more than 32 serious violations that came with proposed fines totaling $173,000. These serious violations are issued when an employer fails to remove a hazard that they knew or should have known about that had the potential to cause serious injury to a worker.

The company was also given six additional violations that came with a proposed fine of nearly $3,000. These citations were for additional issues with machinery guarding devices as well as undocumented safety procedures. These other-than-serious violations are given when a violation would probably not cause any kind of serious injury but is still ultimately a hazard.

OSHA has been pushing for safer conditions for workers through the Occupational Safety and Health Act of 1970. Under this act, all employers are required to provide healthful and safe work areas for all employees.
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Four employees suffered work injuries in Middleton that resulted in an inspection from the Occupational Safety and Health Administration (OSHA) and roughly 50 safety violations against the company, Bostik Inc. The manufacturer of adhesives now faces more than $900,000 in proposed fines from OSHA.

The work accident happened back in mid-March, in which the company’s Middleton facility experienced a large explosion.

Our Massachusetts workers’ compensation attorneys understand that the Middleton facility returned a number of severe deficiencies in the company’s ability to manage its work site program. This program is a list of procedures and requirements that company members must follow in an attempt to efficiently address dangers that are associated with the company’s processes and equipment. Work in the plant involves a massive amount of hazardous chemicals. An efficient safety routine is a key for safety in this industry.

The March explosion happened when a valve on a line transfer housing acetone was left open. Because the valve was open, acetone vapors that are flammable were released and caught fire. The cause of the flame has been undetermined thus far.

When a company does not eliminate hazards on the job and does not accurately access potential hazards on a work site, injuries can result and lives can be lost. Safety measures can be taken and federal regulations should to considered by when preparing a work area for employees.

OSHA discovered that the Middleton facility officials neglected to take the proper safety precautions to address the dangerous conditions that resulted in injuries to the workers.

Jeffrey A. Erskine, the OSHA area director for Massachusetts says that he is thankful that the accident took place when there were only a few workers in the plant. The outcome could have been much different is the explosion happened during peak work hours and could have potentially killed someone.

Violations that OSHA found during its inspection of Bostik Inc.:

• The procedural safety information was incomplete.
• The company’s analysis of hazards related to the process did not address any previous incidents with a potential for catastrophic results, including incidents where forklifts struck the equipment.
• Safety training was not offered to employees.
• The company did not consider human factors, including operator error, fatigue resulting from overworked employees and lack of communication between shift changes for accident causes.
• Blocking exits.
• A number of electrical hazards.
• Failure to ensure that a forklift and electrical equipment, including light fixture, a motor and switches were approved to be used in Class 1 hazardous locations where flammable gases or vapors are located.

Because of all of these discoveries, the company has received nearly 10 willful citations with proposed fines totaling nearly $650,000. The company received 41 additional serious citations that were accompanied by nearly $290,000 in proposed fines. Illinois National Insurance Co., the workers’ compensation carrier that insured Bostik, should be taking care of the compensation for the injured employee, OSHA reports.
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Our Boston workers’ compensation attorneys at Jeffrey Glassman Injury Lawyers have been closely examining the details of the summary provided by Bureau of Labor Statistics on the 2010 Census of Workplace Fatalities. Fatal injuries at work in 2010 occurred at a rate of 3.5 per 100,000 full-time (or equivalent to full-time) workers. On average, 12 workers lose their life every day at American job sites.

Despite being in the midst of an economic recovery where job openings and availability are few and far between, work fatalities are reportedly high. In a preliminary report, last year only recorded 4 less fatalities on the job than in 2009. The most fatal occupational injuries in Massachusetts were related to falls, transportation incidents and homicidal incidents at work.

One thing is certain, no matter who you are or where you work, employees are at risk of serious injury or even a workplace fatality if certain safety precautions are compromised. Workers’ compensation lawyers hope that if you are injured at work, that you will go get medical attention, keep documentation of the injury, and seek the help of a legal profession if injuries persist and legal action needs to be taken.

Who is most at risk? White worker fatalities increased by 2 percent in 2010 where African-American and Latino occupational fatalities decreased. The biggest percent change came from the non-Hispanic black or African-American ethnicity which reported a 9-percent decrease in 2010 from the final recorded total of 2009. This is the second consecutive year for this ethnic group to show a decrease and an overall decrease of 37 percent has been documented since 2007. Latino and Hispanic workers showed a 4 percent decrease in reported deaths at 682, the lowest total for this ethnic group since 1997.

Male fatal work injuries decreased in 2010 compared to an increase for women. The number of females fatally injured at work rose 6 percent; this number boosted due to the fact that female homicides caused by assaults or violent acts at work rose 13 percent. Most age groups reported the same amount or less of occupational fatalities with the exception of the three groups, under age 18, 25 to 34 year olds and 55 year olds all reported a higher number of work fatalities.

Wage and salary workers reported a 2-percent rise in work fatalities congruent with the increased number of hours worked in 2010 when compared to 2009. Self-employed workers reported 2 percent less hours worked than in 2009 and a 6 percent decline in workplace deaths from 2009 to 2010. Additionally, self-employed workers reported the lowest total of deaths on the job since 1992.

The Top 5 occupations in 2010 that recorded five times higher injury rates compared to the average when taking into account fatal occupational injuries per 100,000 workers were:

• Fisherman (or any job related to fishing): 116
• Loggers (any worker in the logging industry): 91.9
• Pilots or flight engineers: 70.6
• Farm employees or ranchers: 41.4
• Mining machine employees: 38.7

The Top 5 industry sectors reporting the most fatal occupational injuries for 2010 are:

• Construction: 780 deaths, 17.2 percent of total work fatalities.
• Warehousing and Transportation: 657 deaths, 14.4 percent of total work deaths.
• Forestry, Agriculture, Hunting and Fishing: 600 deaths, 13.2 percent of total work fatalities.
• Business and Professional Services: 373 deaths, 8 percent of total occupational fatalities.
• Manufacturing: 324 deaths, 7.1 percent of total fatalities reported at work.

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