Massachusetts Workers' Compensation Lawyer Blog

The Occupational Safety and Health Administration (OSHA) recently revised its National Emphasis Program (NEP) on Microwave Popcorn Processing Plants in order to reduce worker exposure to the chemical diacetyl.

Diacetyl is a chemical used to add flavor and aroma to food and other products. Some workers who breathe diacetyl on the job have become disabled or have died from severe lung disease. Recent studies show that certain diacetyl substitutes, such as 2,3-pentanedione, have produced similar health effects as diacetyl, and therefore, may also cause harm to workers.

"Illnesses and death from these chemicals are preventable and this revised directive will help ensure that employers use necessary measures to protect workers from this hazard, " said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

OSHA's efforts to reduce exposure include inspection targeting, directions for controlling chemical hazards, and extensive compliance assistance. For more safety and health information on diacetyl and other food flavorings, visit OSHA's Safety and Health Topics page on Lung Disease Related to Butter Flavorings Exposure.

Source:
OSHA revises National Emphasis Program to focus on protecting workers from exposure to diacetyl and diacetyl substitutes, OSHA Trade News Release, January 24, 2011

On January 20, 2011, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) cited Durasol, Corp., which manufactures hard gum erasers, for 13 serious violations of workplace health and safety standards at its plant in Amesbury. The manufacturer faces $43,800 in proposed fines.

The citations were issued for a lack of an emergency action plan, inadequate employee training in responding to emergencies, inadequate respirator training, lack of respirator fit-testing and medical evaluation, failure to evaluate respiratory hazards, unmarked exit routes, unlabeled containers of chemicals, severely corroded electrical equipment, an extension cord used in place of permanent wiring, inadequately guarded floor holes, missing stair rails, and an uninspected and improperly located emergency eyewash/shower.

OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.

Source:
US Department of Labor's OSHA cites Amesbury, Mass., manufacturer for emergency response, respirator, chemical, electrical and other hazards,OSHA Regional News Release, January 20, 2011

On Saturday, January 22nd, the Friends of Jim Young fundraising committee will host an event on behalf of the Young Family at the Moose Lodge in Merrimac. The committee was formed after Mr. Young was severely injured in an electrical accident while working for Georgetown Electric last September.

He was injured after coming in contact with energized wires while working on a pole during scheduled maintenance near 36 Jackman Street in Georgetown. He lost both of his arms due to the accident.

Young spent eight weeks at Massachusetts General Hospital and Spaulding Rehabilitation. Currently, he is receiving physical therapy at Whittier Rehabilitation. Proceeds from the fundraiser will go to the Young family and aid in his recovery.

Young is very involved in the community, including holding a position as one of Merrimac’s Light Commissioners, volunteering for the Merrimac Little League and Merrimac Soccer Club, as well as serving as a Merrimack Valley umpire and basketball referee. He is 40 years old and is married and the father of two young children.

Source:
Georgetown Municipal Light employee seriously injured in electrical accident,Georgetown Record, September 27, 2010

Fundraiser to be held for injured Georgetown Electric employee, Georgetown Record, January 14, 2011

Working alone on Wednesday after the most recent blizzard to hit the East Coast, a Plainville school department employee suffered a serious hand injury while clearing snow at the Jackson School on Route 106. The man stuck his hand in the jammed snowblower to clear an obstruction and, subsequently, got caught in the machine.

A tow truck crew from Achin's Towing in North Attleboro heard the man's screams as they were driving by and stopped to help. The workers applied pressure to his hand to stop the bleeding and called 911, Plainville Fire Chief Ted Joubert said. The victim was treated by Plainville paramedics and was taken to Rhode Island Hospital in Providence because of the seriousness of the injury.

Fire and hospital officials cautioned residents to take it easy when clearning snow from their driveways and cars. Fire officials also recommended clearing fire hydrants nearby their homes.

Dr. Brian Kelly, assistant chief of ambulatory care at Sturdy Memorial Hospital advised residents to pace themselves while shoveling snow.

Source:
Winter Storm Wallops Area, The Sun Chronicle, January 12, 2011

Continue reading " Plainville School Employee Seriously Injures Hand While Clearing Snow " »

On Monday, The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued JE Amorello Inc. willful and serious citations for exposing workers to trenching hazards at a Quincy worksite.

OSHA's inspection found Amorello employees working in a trench deeper than 8 feet that lacked proper shoring or sloping of its sidewalls to prevent them from collapsing onto the workers. Investigators also found that the trench did not have a ladder so workers could swiftly exit the trench, and that bricks and excavated material were stored at the edge of the trench wall.

OSHA standards require that all trenches and excavations 5 feet or deeper be protected against collapse. "Even though no collapse occurred this time, allowing employees to enter and work in an unprotected trench is both dangerous and unacceptable," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts.

The Worcester, Mass., contractor faces a total of $20,020 in proposed fines.

Source:
US Labor Department's OSHA cites Worcester, Mass., contractor for failing to provide cave-in protection at Quincy, Mass., jobsite , Newswire.com, January 10, 2011

Continue reading " Worcester Contractor Fails to Provide Cave-in Protection to Trench Workers " »

The The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) ended the year with a refreshed perspective on roofing worker safety, opting to replace the Clinton-era safeguards with a more robust directive to protect against falling accidents during residential construction jobs.

According to Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels, "Fatalities from falls are the number one cause of workplace deaths in construction."

The Bureau of Labor Statistics reports that an average of 40 workers are killed each year as a result of falls from residential roofs, and one-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections.

OSHA's new directive requires that all residential construction employers comply with 29 Code of Federal Regulations 1926.501(b)(13), which will no longer allow certain employers to use alternative methods of fall protection in lieu of conventional fall protection. To view the directive and for more information, visit http://www.osha.gov/doc/residential_fall_protection.html.

Source:
US Labor Department's OSHA acts to protect residential roofing workers, U.S. Department of Labor News Release, December 22, 2010

Continue reading " OSHA announces new directive to protect residential roofing workers " »

State fire investigators revealed on December 29, 2010, that a gas explosion which killed an electrician and injured three other workers and two firefighters last July at a Norfolk condominium building could have been prevented by the company in charge of filling the tank.

Workers at the site said they did not smell gas before the blast. That can occur when the chemical that gives propane its distinctive "rotten eggs" smell fades over time. Odorant fade can occur in new tanks or tanks that have run dry and are only partially filled. The 1,000-gallon tank at the condominium construction site had only 200 gallons of propane in it at the time of the explosion.

According to the report, the company that delivered the gas to the condominium project was Energy USA in Taunton. Records show a delivery of 200 gallons on April 29 despite a warning label on the side of the tank that clearly stated the tank should not be partially filled. Energy USA told investigators that only a small amount of gas was delivered because it was a construction area and the gas meters had not been installed.

The family of William Nichols, the 46-year-old electrician killed in the explosion, is planning to pursue a lawsuit against Energy USA.

Source: Report: Mass. blast not the fault of gas company, Boston Globe, December 29, 2010

Continue reading " Gas Explosion in Norfolk Result of 'Odorant Fade' " »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has laid $238,000 worth of fines against the U.S. Postal Service for "willful and serious violations of safety standards" at the Central Massachusetts Processing and Distribution Center in Shrewsbury, Mass.

Assistant Secretary of Labor for OSHA Dr. David Michaels explains, "For years, the Postal Service knew that allowing untrained employees to work on electrical equipment exposed workers to serious injury or worse. Despite this knowledge, the Postal Service did not take the necessary steps to change its practices and eliminate the hazards."

The serious fine comes after an inspection that began on June 29, 2010, in response to a worker complaint about hazardous conditions involving the use of electrical equipment. The inspection found that unqualified employees at the Shrewsbury location were allowed to work on and test energized electrical circuits and equipment.

OSHA issues serious citations when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. In the case of the Shrewsbury post office, OSHA issued 3 willful citations and 4 serious citations, resulting in the $238,000 fine.

The U.S. Department of Labor has also filed an enterprise-wide complaint against the USPS for electrical work safety violations, asking that Postal Service correct electrical violations at all its facilities nationwide. This complaint marks the first time OSHA has sought enterprise-wide relief as a remedy.

Source: US Labor Department's OSHA proposes $238,000 in fines against US Postal Service for electrical hazards at Shrewsbury, Mass., mail processing facility
, Newswire.com, December 29, 2010

Continue reading " Shrewsbury Mail Facility Cited for Serious Safety Violations " »