Massachusetts Workers' Compensation Lawyer Blog

At a natural gas equipment yard, a construction worker for Elcorn Construction was using a forklift when the heavy machine ran over his leg. Fire crews responded to the forklift accident and flew the construction worker to St. Mary’s Hospital.

According to the fire chief, the worker’s injuries were not life-threatening. His condition was unknown.

Construction sites are often fraught with potential safety hazards including heavy equipment, fires, on-site explosions, exposure to hazardous materials, welding accidents, and more.

According to the Bureau of Labor, more than 5,000 construction workers died in construction accidents in 2006, but many more sustained serious injuries. Many of these injured workers lose their ability to work because of permanently debilitating injuries such as traumatic brain injuries, severed limbs, and spinal cord injuries.

For this reason, the Occupational Safety and Health Administration (OSHA) requires companies to follow safety precautions to prevent workers’ exposure to hazardous conditions.

Construction accident sends 1 to hospital, KJCT8.com, January 21, 2009

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On Friday, a Boston construction worker was killed at a construction site in the Financial District. The worker, a 31-year-old male, was struck by a brick about 2 feet in size and died at the scene of the construction accident.

According to a spokesman for the Boston Fire Department, firefighters were called to the construction site at 270 Congress Street around 10:08am. Responders tried unsuccessfully to resuscitate the injured worker, who witnesses say was doing excavation work about 10 feet below the surface.

The construction project was 31-story office tower under development by Boston Properties and Moriarty Construction. Workers are also renovating the Tufts Graphic Art building, which is adjacent to the office tower. The construction accident is under investigation.

Construction worker killed in job site accident, Boston Herald, January 23, 2009

Construction worker killed in downtown Boston accident, Bosotn Globe, January 23, 2009

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Last week, the Occupational Safety and Health Administration announced that it has cited a Louisiana crane company for alleged safety violations. Of the eight violations, six are considered serious. The total proposed fines carry $71,500 in penalties.

An investigation into safety at the facility began July 18, when four workers were struck and killed by a falling crane. According to a statement released by OSHA, the boom reached an unsafe angle and caused the crane to collapse backward onto the workers.

A representative from OSHA said that if the project superintendant had enforced safety regulations, then it is possible that the crane accident could been avoided. There are also concerns that the crane operator may not have received adequate training. The company has 15 days from receipt of their citations to comply with safety regulations, request a meeting with OSHA, or contest the fines.

Louisiana crane company fined for accident that killed four, Houston Chronicle, January 16, 2009

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With recent temperatures in Boston and across New England in the single digits this past weekend, the weather poses a special challenge to those who work on construction sites. In addition to the discomfort of working in frigid temperatures, cranes cannot be operated when temperatures go colder than four below. Those who climb to the top of a crane ladder know that the temperatures at the top can be even chillier than on the ground.

High winds create another hazard for construction workers during the winter months, especially workers who climb scaffolding or ladders high above the ground. Cold temperatures can also cause workers to lose feeling in their hands, resulting in falls or other unsafe conditions.

Workers are advised to dress in layers and observe proper safety precautions to avoid weather-related accident.

Hard At Work Despite Frigid Temperatures, MSNBC, January 16, 2009

With a Forecast of Weather in the Single Digits, Workers are Warned by New York Construction Accident Lawyers to Think Twice Before Heading Off to the Construction Site, PR Web, January 16, 2009

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A Worcester, Massachusetts gun manufacturing plant and testing facility has been cited and fined by the Occupational Safety and Health Admininstration (OSHA) for unsafe working conditions. The plant was inspected by OSHA after employees voiced concerns about inadequate safety measures such as protecting employees from overexposure to lead and from being struck by fragments during test firing of guns.

During its inspection, OSHA determined that the manufacturing plant had not conducted the mandatory monitoring to check employees’ lead exposure levels nor did they use engineering controls to reduce exposure levels, resulting in two willful citations with a proposed fine of $98,000.

In addition, the company received seven serious citations totally $17,500 in penalties. The citations cover a lack of lead monitoring and controls, shortcomings in the plant’s respirator program, a lack of protective clothing, and several other deficiencies. OSHA standards are designed by protect employees from potentially harmful lead exposure and other workplace hazards.

OSHA Fines Arms Plant for Lead Exposure and Firing Range Hazards, Safety.blr.com, January 13, 2009

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On Friday, the National Council on Occupational Safety and Health, which includes 21 local and state committees/coalition and the Massachusetts Coalition for Occupational Safety and Health, released its agenda for protecting workers on the job in 2009.

Their seven-item platform includes making health and safety a high priority for President Obama and the incoming Congress and ending the exemption for federal or state workers and farms with less than 11 workers in an effort to count all injuries and illnesses occurring on the job.

National COSH also plans to reduce or eliminate the use of toxic chemicals, reform workers’ compensation programs so that all injured workers gain access to health care, and boost worker involvement in identifying and eliminating workplace hazards. Also on the agenda is creating programs to assist vulnerable segments of the workforce including Hispanic workers.

NCOSH, APHA Urge New Agenda for Protecting Workers, Ohsonline.com, January 6, 2008

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IndustryWeek recently compared workers’ compensation costs and benefits across the United States and listed Massachusetts in its top 20 states for workers’ compensation. Massachusetts was the only New England state to appear in the top 20, while several western and Midwestern states made the cut.

IndustryWeek’s rankings included the workers’ compensation premium per worker, based on the Insurance Information Institute, the average benefit payment per capita-total state workforce, among other factors.

According to Deborah Talbot, president and CEO of Health Resources Corporation in Woburn, Massachusetts, the rates, benefits, and awards vary widely according to state, a statement that was consistent with the findings of IndustryWeek’s workers' compensation analysis.

Workers' Compensation: Expenses & Awards ARE an Important Consideration for Manufacturers, IndustryWeek, December 9, 208

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Following a wave of fatal crane accidents across the country, a New York contractor has been indicted in a Midtown crane collapse that occurred last year, killing seven people. The district attorney said that William Rapetti was in custody this morning and was indicted on homicide and other charges.

The accident occurred last March, when a 19-story tower crane broke off of an apartment building, hitting several buildings and causing one brownstone town house to be demolished. The construction site inspector who had supposedly inspected the crane several days before the accident was later charged for false claims, and in September of last year, OSHA cited Rapetti Rigging Services for failing to properly stabilize the crane.

According to an email sent to The Associated Press by Rapetti’s defense attorney, the contractor "has agreed to offer his full assistance and expertise in helping to determine the actual cause or causes of the crane collapse that day."

NY contractor indicted in crane collapse, Associated Press, January 5, 2009

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Despite the current economic climate, the AFP reports that China is in the midst of a rapid construction boom, putting up buildings at a rapid pace. However, this growth has come at a high cost to China’s workers.

In fact, the State Administration of Work Safety estimates that 99 people died on construction sites between January 1 and December 14. The total death toll from work-related accidents during that period was 1,942.

Last Saturday, 32 more people died as the result of two difference accidents in China. The first, in the village of Donggangcheng, involved an explosion that killed fifteen people and injured nine. The accident is under investigation.

The second accident, in the city of Changsha, killed seventeen people after a construction lift plummeted to the ground. The lift was designed to carry only twelve people, so the police are questioning the construction company’s project chief, general manager, and lift operator.

China adds 32 deaths to dismal work safety statistics, AFP, December 26, 2008

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