Massachusetts Workers Compensation Lawyers Blog

May 23, 2011

Massachusetts Landscapers at Risk of Work Accidents

A recent article in Cape Cod Today reported a worker amputated several digits on his hand in a lawn mower accident.

Our Boston workers’ compensation lawyers know that injuries from power lawn equipment can result in amputations and severe lacerations. Due to the nature of maintenance and landscaping work, these wounds are prone to infection and can accumulate substantial medical costs if not treated right away.

According to a recent Centers for Disease Control and Prevention report, 1,142 ground maintenance workers died on the job from 2003 to 2008, averaging 190 deaths a year. Major incidents leading to workers’ deaths were: transportation incidents (31 percent), contact with equipment and objects (25 percent), falls (23 percent) and traumatic acute exposures to harmful substances or environments like drowning and electrocution (16 percent).

Lawn mower safety tips:

-Know how to operate the equipment, read the operator’s manual and pay attention to the warning labels.

-Never disable or bypass safety devices like grass catchers or discharge chute guards.

-Clear the work area of people and debris before starting. Objects like rocks and sticks become dangerous projectiles when thrown by the mower blades.

-Never unclog a discharge chute or the grass catcher when the mower is running.

-Don’t leave a running mower unattended.

-Always mow in a forward direction when possible and mow up and down hillside slopes – never across the slope.

-Handle fuel safely and stop the engine while refueling.

We recently posted to our Boston Personal Injury Attorney Blog about the hazards outdoor workers face regarding heat-related illnesses.

Recognizing warning signs of heat stroke:

-Hot, dry and red skin, and no sweat.

-Strong, rapid pulse.

-Pounding headache.

-Nausea and Dizziness.

-Confusion.

What to do:

-Get worker out of the sun.

-Cool the worker off, even if that means spraying them with a hose.

-Don’t give him or her something to drink.

-Get medical assistance.
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May 19, 2011

Folan Waterproofing and Construction Co. Receives Nine Citation for an Unsafe Work Site in Massachusetts

by Jeffrey S. Glassman

Folan Waterproofing and Construction Co. Inc. received nine serious violations from the U.S. Department of Labor’s Occupational Safety and Health Administration for seriously violating the standards of work safety in Boston at their Lowell work site.

The company received these violations because of inadequate safeguards when working on aerial lifts, possible fall hazards of up to 40 feet due to a lack of required fall protection and a number of other hazards. The contractor faces a total of nearly $49,000 in proposed fines.

Our Boston workers’ compensation attorneys understand that a number of local work sites can prove to be very dangerous if not regulated by employers and officials. On-the-job accidents can happen at virtually any time and it is the responsibility of the employer to secure all work sites in an attempt to keep employees safe. Work-related injuries can oftentimes include auto accident, lifting injuries, exposure to harmful chemicals, heavy machinery accidents, slip and fall accidents, construction accidents or burn accidents. If you are injured on the job, it is critical for you to contact a workers’ compensation attorney to help you fight for your rights and the proper compensation for your injuries and lost time at work.

Late last year, OSHA witnessed a Folan employee climbing out of an elevated aerial lift. The employer was attempting to access the roof of Immaculate Conception Church.

Immediately following the observation, OSHA opened an inspection on the company and discovered that the workers lacked sufficient fall protection while working on the aerial lift. OSHA found that the crane had not been inspected annually for defects and a defective wire rope used to lift construction materials had not been inspected as it was recently removed from service. To make matters worse, employees had not received proper training to help them to recognize and address aerial lift hazards. Employees were also exposed to electric hazards from ungrounded electrical equipment and lacked helmets to protect against falling objects.

A company will receive a serious violation when there is substantial probability that serious harm or death could result from a hazard that the employer recognized or should have recognized.

“Left uncorrected, these conditions exposed workers to falls of up to 40 feet, electrocution and being struck by a falling load,” said Jeffrey A. Erskine, OSHA’s area director in Andover. “While it is fortunate that none of these employees was injured or killed, workplace safety should never be a matter of fortune, good or bad. Ensuring the safety of workers means ensuring that proper and effective equipment and work practices are in place and in use every day at every job site.”

The waterproofing and construction company has 15 business days from date the citation was issued to comply, contest the findings before the independent Occupational Safety and Health Review Commission or meet with OSHA’s area director.
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May 18, 2011

OSHA Looks at Musculoskeletal Disorder in Work Injury in Boston, elsewhere

by Jeffrey S. Glassman

OSHA is revising itsOccupational Injury and Illness Recording and Reporting Requirements regulation. The Federal Register recently published a notice of the reopening.

The Administration is reopening the record in an attempt to call on interested individuals to submit comment on the small business teleconferences that the Small Business Administration’s Office of Advocacy OSHA co-sponsored last month. They’re also asking that individuals submit comment on the issues raised during those teleconferences. OSHA held those teleconferences to collect feedback from small business representatives regarding their experience with recording work-related musculoskeletal disorders in Boston and elsewhere in the United States. They would like to know how these representatives believe they would be directly impacted by the proposed rule. The public was invited to submit comments as well.

Our Boston workers’ compensation attorneys understand that musculoskeletal disorders can oftentimes occur in the workplace as they’re caused by spending long periods of time in the same position, poor posture and repetitive movements. These disorders affect the full length of the spine. These conditions cause serious pain, discomfort and sometimes a loss of productivity on the job. They can oftentimes go unreported as well, meaning that employees may not receive the proper treatment or compensation from employers.

Earlier this year, OSHA proposed a revision to its Occupational Injury and Illness Recording and Reporting Requirements regulation in an attempt to allow employers to check if a work related incident that was previous recorded under the current rules is a musculoskeletal disorder.

This proposed rule does not look to change any of the existing record-keeping requirements regarding when and under what circumstances an employer must record a work-related injury or illness. It would only seek to require that an employer would now mark the musculoskeletal disorder column box on the log if the case that has already been recorded meets the requirements to be classified as a musculoskeletal disorder.

“OSHA is eager to hear from the public on this, and every, proposed rule,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The more feedback the agency receives from small businesses on this topic, the better informed we will be in crafting a proposed regulation that protects workers without overburdening employers.”

Injuries can be recorded if they meet a number of criteria, including days away from work and medical treatment beyond first aid or restricted work performance. The new rule would help to specifically define a musculoskeletal disorder, for record-keeping purposes only, as a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs.

More than 1.5 million recordable musculoskeletal disorder incidents are expected to happen annually and the yearly costs of the proposed rule would be more than $1.5 million, according to OSHA.
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May 12, 2011

More Teen Workers Means Increased Risks of Work Accidents in Massachusetts

by Jeffrey S. Glassman

(More than 2.3 million teens between the ages of 14 and 18 held jobs in the United States in 2008, according to National Consumer League (NCL). Many summer jobs lead to an increased risk for work accidents in Massachusetts and elsewhere in the United States for our young, inexperienced workers.

While it’s no secret that a plummeting job market has affected everyone across the board, it has severely affected our young teens that desire to work. The New York Times reported last month that the U.S. lost roughly 8 million jobs in the last two years, causing the teen unemployment rate to rise to nearly 30 percent. Because of the decrease in available jobs for our teen workers, the NCL worries that teens will seek jobs too dangerous for them or will be less likely to report dangerous or illegal working conditions.

Our Boston workers’ compensation lawyers believe that good work ethic is important in our youngsters as holding a job is an important part of youth development. But we also understand the risks and encourage parents to keep an eye on your teen’s choice of jobs and the associated working conditions.

Each day, 14 workers die in United States. Roughly 35 workers under the age of 18 died in the workplace in 2008 alone.

Inexperienced working teens are especially vulnerable to accidents in the workplace. Accidents are the number one cause of death for those between the ages of 10 and 19, as more die from injuries than all over causes combined.

WCVB-TV Boston reports that every year, in the last eight years, at least one teenager die on the job in Massachusetts. Approximately 1,000 teens wind up in the hospital every year because of injuries in the workplace.

“Sometimes, what’s required is more training; sometimes, educating employers; and sometimes, changing laws,” says John Auerbach, the state’s public health commissioner.

The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) aims to change the alarmingly high rate of workplace injuries for teens as they attempt to educate teens of their rights. MassCOSH created a Teens Lead at Work is a peer leadership group that provides proper training and advocacy for teen workers in order to ensure their safety and health in the workplace and to help teens recognize their rights in the workforce.

“Our mission is to make sure that all people can go to work and return home with their lives and limbs intact,” said Marcy Goldstein-Gelb, executive director of MassCOSH.

The Occupational Safety and Health Administration (OSHA) names these conditions as the main causes of workplace injuries. Accidents typically fall into these seven categories:

-Inadequate supervision.

-Alcohol and drug use.

-Stressful working conditions
-Inadequate training.

-Unsafe equipment.

-Trying to hurry.

-Dangerous work that is illegal or inappropriate for young workers.

“It’s the employer’s responsibility to make sure they know what’s safe for a young person, that they provide them with all the protective equipment they need and that they make sure that they’re well trained,” said Goldstein-Gelb.
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