Massachusetts Workers' Compensation Lawyer Blog

According to preliminary data from the United States Bureau of Labor Statistics, the gas and oil industries account for almost two-thirds of the 2007 deaths in the private mining sector. In those industries, the death rate was 24.8 per 100,000 workers.

The construction industry also has a high rate of fatalities, because it exposes workers to hazards such as potential explosions, fires, crane accidents, and falls. The death rate across all industries nationwide is much lower: 3.7. So far, there is no data available for 2008.

According to the National Institute for Occupational Safety and Health’s website, "Fatality rates are higher when there is an increased number of active drilling and workover rigs. This is hypothesized to be a result of an increase in the proportion of inexperienced workers, longer working hours (more overtime) and the utilization of all available rigs (older equipment with fewer safeguards)."

For this reason, it is crucial that oil, gas, and construction companies make safety a high priority, both in worker training and day-to-day operations to prevent accidental injury or death.

Oil, gas industry has high fatality rate, February 22, 2009, Shreveport Times

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Last week, a construction accident seriously injured a worker when a crane lowering the worker into a well hit an electrical wire. The construction accident occurred around 8:45am and the worker was flown by helicopter to a local hospital, where his condition is unknown.

The local power company had to deactivate power lines where the worker was being extricated, causing blackout conditions for approximately 3,300 businesses and homes in the area. Several traffic lights also lost power. Power was restored around 9:15am.

A second worker was standing in the hole underneath at the time of the construction accident. Fortunately, the worker was not touching the worker on the pipe or the pipe itself, so that worker was not injured and did not require medical treatment. Police have not released the name of the injured worker.

Palm Beach Gardens construction accident shocks, injures worker, February 19, 2009, PalmBeachPost.com

Construction worker shocked in Palm Beach Gardens, February 19, 2009, WPTV.com

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Last Thursday marked the third house explosion in Massachusetts in the past three months. The gas explosion occurred in Somerset, where a utility crew responded to reports of a gas leak and told firefighters the leak was under control. Firefighters were knocking on doors that evening checking for elevated gas levels, but crews from New England Gas Co. told the firefighters they could leave.

Minutes later, a single-family house exploded, sending debris through the neighborhood and forcing 200 neighbors to evacuate. A firefighter and utility worker were both injured. The gas crews planned to dig into the street to check the leak, but they did not shut off the gas supply to the neighborhood.

According to the United States Department of Transportation’s Pipeline and Hazardous Materials Safety Administration, 323 people died and 1,341 were injured because of gas leaks or explosions between 1998 and 2008. In Massachusetts, six people died and 12 were injured from similar explosions during that same time frame. In December, a Scituate man died in a house explosion, and last month another man was severely injured in Gloucester. The recent spike in gas explosions raises concerns about the safety of Massachusetts workers and residents.

"I would say these explosions are early warning flags, if nothing else," Stephen Connors, director of analysis at the MIT Energy Initiative, told the Boston Globe.

Before explosion, gas crew waved off help, Boston Globe, February 21, 2009

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On Friday, a construction worker was killed after falling approximately 35 feet from the platform of an extended forklift near the site of a home under construction. The forklift accident occurred around 1:30pm, and the victim has been identified as 46-year-old James Shanks, who was pronounced dead at the scene of the accident.

Another worker, 43-year-old Jay Smith, was injured and taken to the hospital by ambulance. His medical status was unknown. A representative from the sheriff’s office said that four workers were applying stucco to the chimney of the house and standing on an elevated platform. Other workers said they heard a popping sound as the forklift threw two of the men off.

In addition to forklift accidents, construction workers may also be at risk for fires, explosions, welding accidents, exposure to hazardous substances, and many more hazards on the job.

Construction accident victims identified, Coastal Courier, February 16, 2009

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In Easthampton, Massachusetts, a 19-year-old car wash worker nearly died when her scarf got caught in a rotating scrubber, cutting off her airway.

A customer, John A. O’Leary, of Southampton, Massachusetts, saw the worker in danger, jumped out of his car as it moved along the wash rail, and cut her free using a pocket knife. O’Leary also revived the injured worker using mouth-to-mouth resuscitation.

The worker, Stephani M. Carpluk, of Chicopee, spent three days in treatment for face and neck injuries at Baystate Medical Center before getting released from the hospital.

The Easthampton police have provided the Occupational Safety and Health Administration with pictures and reports of the car wash accident. OSHA said it plans to investigate.

OSHA to Investigate Carwash Choking Accident, ModernCarCare.com, February 12, 2009

Federal agency to investigate accident at Easthampton car wash that nearly strangled Chicopee worker, The Republican, February 11, 2009

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Following the death of a construction worker from Hidalgo, Mexico, an estimated three dozen people attended a vigil in front of the site of the construction accident to raise awareness about safety on-the-job. The worker was killed in January when a section of a concrete wall fell on him. An inspection revealed that the wall lacked metal supporting bars and proper footings, so all existing construction on the site was ordered to be demolished.

The wall collapse was one of three work-related deaths to occur in the area in recent months. In December, a sanitation worker was killed after a garbage truck backed into him, and in November, a seasonal worker at Wal-Mart was trampled by a crowd of shoppers on Black Friday.

The Immigrant Worker Occupational Health and Safety Committee of the Workplace Project and the New York Committee for Occupational Safety and Health sponsored the vigil to highlight the need for greater attention to workplace safety.

"Unless every worker can work safely, then no worker can work safely," Suffolk Legislature deputy presiding officer Vivian Viloria-Fisher said. "We have to be concerned that everyone who goes out to do a day's work, who also is a human being, is protected."

Federal officials from OSHA are investigating the January construction accident along with the Suffolk District Attorney’s office.

Vigil held for builder killed at construction site, Newsday.com, February 9, 2009

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On Saturday morning, a crane accident in Boston’s Downtown Crossing neighborhood seriously injured two workers. As they were inspecting the roof of a dormitory building at Suffolk University, the 110-foot-tall aerial lift tipped over.

One of the workers, identified as James Williamson, was thrown into a condo building on West Street and died Saturday night at Massachusetts General Hospital. Williamson was an employee of Tremco Roofing and Building Maintenance, which is cooperating with authorities in the investigation.

The other worker, Greg Johnson, fell or jumped onto a second-floor rooftop as the crane fell. He was initially listed in serious condition, but his status was changed to fair the following day. Johnson is an employee of Reliable Roofing, which was fined by OSHA last spring for failing to provide guardrail systems, safety net systems, or personal fall arrest sytems.

Federal safety officials and Boston homicide detectives were on the scene through the weekend to investigate the cause of the crane crash.

Firm is cooperating as death on crane investigated, Boston Globe, February 9, 2009

Crane falls down, killing worker, Boston Globe, February 8, 2009

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A Massachusetts man stationed in Iraq died recently after someone in his unit backed over him with a forklift. Army officials told the family of Sergeant Kyle Harrington that the forklift accident was under investigation and that his death was “training duty-related” and “non-hostile.” The 24-year old Swansea native was on his second tour of duty in Iraq and was assigned to repair Humvees and other vehicles.

When dealing with forklifts and other heavy equipment, it’s important to follow proper safety precautions to avoid death or serious injury. Accidents involving a forklift, scaffolding, welding equipment, on-site explosions, or other hazards can often result in permanent physical, emotional, and psychological damage to the victim. The impact of an accident can also take its toll on the family of the injured worker, who often must support the victim emotionally and financially after a serious accident.

Swansea soldier on duty in Iraq killed in accident, Providence Journal, January 26, 2009

Local soldier dies in forklift incident, WPRI.com, January 25, 2009

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A new alliance between OSHA and the Massachusetts AFL-CIO plans to give students in Massachusetts alternative high schools training in reducing and preventing on-the-job hazards. This alliance will provide students with OSHA’s 10-hour construction and general industry outreach courses and develop lessons to teach teens about workplace safety and health.

According to Marthe Kent, OSHA’s New England regional administrator, "These students will be able to carry this vital information with them on whatever career paths they choose to follow. Their employers will also benefit, since a motivated and safety-conscious workforce can lead to reduced injuries and illnesses and their associated human and financial costs, enhance productivity and increase employee morale."

Signed at the Boston Day and Evening Academy in Roxbury, this alliance in Massachusetts is one of 470 alliances across the country that are aimed at encouraging health and safety awareness in the workplace.

OSHA And AFL-CIO Provides Safety Training To Alternative High School Students, WorkersCompensation.com, January 19, 2009

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