Massachusetts Workers' Compensation Lawyer Blog

A Hingham, Massachusetts company has been cited by the Occupational Safety and Health Administration (OSHA) following a night inspection in July, 2009. Inspectors from OSHA's Boston North Area Office discovered workers exposed to excess silica levels as they were jackhammering concrete on a bridge on I-93 in Melrose.

In addition to not protecting employees from overexposure to silica, OSHA also cited the company for alleged safety violations including not having controls to lower exposure levels, not fit-testing respirators, failing to evaluate employees' exposure levels, and not providing a respiratory protection program and training. OSHA also alleges that the company has repeat violations found during an April, 2009 inspection. The proposed fines total $38,100.

The nighttime inspection was part of OSHA's efforts to target highway construction job sites where silica is generated.

Silica Citations Follow Night Inspection, Safety.BLR.com, October 26, 2009

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On Sunday evening, a construction worker was killed on Interstate 215 in Utah. Troopers say the worker was walking in a construction zone when a truck drifted into a barreled off construction area and hit the worker. According to police, the truck was traveling at more than 40 miles per hour when it hit and killed the worker from behind.

The truck continued south after hitting the 20-year-old construction worker and police have not located the driver or the vehicle, which they describe as a blue and white pickup. Troopers say the truck may have significant damage from the accident.

Following the construction accident, traffic was backed up for several hours Sunday evening.

Construction worker killed in hit-and-run accident, ABC4.com, October 26, 2009

Construction worker killed in hit-and-run on I-215, The Salt Lake Tribune, October 26, 2009

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Last Tuesday, an explosion at a biodiesel plant injured a worker. The local fire department responded to the scene of the workplace accident after a reactor reportedly exploded. The fire sprinkler system at the plant extinguished most of the flames, and firefighters managed to contain a few remaining hot spots.

A worker suffered a broken leg and was taken by emergency medical services (EMS) crews to a local hospital. No other workers were injured.

Authorities have not stated what prompted the explosion or what the worker was doing when he was injured. However, investigators from the federal Occupational Health and Safety Administration will conduct a full investigation of the workplace accident.

Explosion at biodiesel plant broke workers leg, JusticeNewsFlash.com, October 15, 2009

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On Monday, a crane accident in Philadelphia's Center City resulted in the death of the crane operator and injuries to at least three others. According to reports on the radio, the operator fell 125 feet when the crane toppled over at about 1:30pm, hitting a building containing a florist shop and apartments. The 40-year-old operator was declared dead soon after the construction accident.

Among those injured were a 70-year-old woman in a nearby car who was hit by either the crane or debris and was in stable condition at Hahnemann Hospital. Two others in the area were injured by falling debris.

Officials from the Department of Licenses and Inspection were investigating the scene of the fatal accident to determine whether residents could safely return to their apartments.

Report: Crane topples in Center City Philadelphia, killing operator, Philadelphia Business Journal, October 12, 2009

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Last Friday morning, a construction superintendent died in an accident. Emergency responders were paged at about 10am after a man was reportedly electrocuted. Brady Meier was overseeing the base area construction project and was pronounced dead at 12:45am at Yampa Valley Medical center.

Authorities said they are awaiting the results of an autopsy to determine the exact cause of death, but they believe Meier might have been struck with a fitting from a pressurized water line. The owner of Duckels Construction said Meier was trying to turn on a water valve inside a utility vault when a compression on another water line blew off and hit him. Meier had worked for the company for two years prior to the construction accident.

Officials from the Occupational Safety and Health Administration plan to investigate the fatal accident.

Brady Meier died Friday after construction site accident, Steamboat Pilot & Today, October 10

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A former employee for Sears, Roebuck and Co. was injured on the job, took workers' compensation leave, and later learned that he'd been terminated when his wife's discount card was denied. That incident resulted in a lawsuit filed by the United States Equal Employment Opportunity Commission (EEOC) in 2004.

The suit accused the company of illegally firing a disabled worker and failing to make reasonable accommodations that would have allowed the injured service technician to return to work. In response, Sears Holdings Corp. has agreed to pay $6.2 to settle the lawsuit.

The three-year consent decree requires the company to abide by the Americans with Disabilities Act (ADA), amend its workers' compensation leave policy, provide reports to the EEOC outlining its workers compensation practices, and train employees on the ADA.

Sears settles lawsuit with disabled former worker for $6.2M, Chicago Sun-Times, September 29, 2009

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A 50-year-old construction worker from Plymouth was seriously injured on Wednesday morning after falling from a 25-foot-high scaffold. The scaffold accident occurred at a waterfront construction site in Cohasset, Massachusetts, where three workers were installing siding to restore several buildings.

An emergency call came in at 11:23am and the injured foreman was airlifted to Brigham and Women's Hospital in Boston, where he was in critical condition according to police. He reportedly suffered severe head injuries.

The construction accident is being investigated by an inspector from the federal Occupational Safety and Health Administration to determine if proper fall-protection equipment was used. According to a spokesman for OSHA, work being performed at more than 6 feet generally requires guardrails or the wearing of safety harnesses.

Plymouth laborer injured in fall at Cohasset construction site, The Patriot Ledger, October 1, 2009

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The Occupational Safety and Health Administration (OSHA) has cited a Falmouth, Massachusetts construction contractor for alleged willful and serious violations of safety standards after an excavation accident in Kingston. Employees were working in a 5.5-foot-deep excavation when one of the sidewalls collapses, partially burying an employee. OSHA requires that all excavations deeper than 5 feet between protected against collapses before workers enter them.

OSHA inspectors found that the excavation lacked protection to prevent a collapse. The asphalt also had not been removed or supported to prevent it from falling on workers. Fortunately, none of the workers were killed in the accident.

Following its inspection, OSHA issued one willful citations with a $63,000 proposed fine for the unprotected excavation. It also issued one serious citations with a $6,300 fine for not supporting or removing the asphalt atop the excavation. The company has 15 days to comply, meet with OSHA, or contest the finding before the independent Occupational Safety and Health Review Commission.

Cave-in at Construction Site Leads to Nearly $70,000 Fine for Contractor, OHSonline.com, September 25, 2009

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