Massachusetts Workers' Compensation Lawyer Blog

An East Boston-based contractor has been cited by OSHA for over two dozen alleged violations of workplace safety regulations. OSHA inspectors twice discovered workers exposed to fall hazards while working on a building at the intersection of Saratoga and Meridian Streets in East Boston.

The first inspection took place on August 21, 2009, when OSHA observed workers exposed to 26-foot falls from a makeshift work platform. Inspectors visited the work site again on September 9, 2009 and watched as workers were subjected to similar hazards. According to OSHA's area director for Boston and southeastern Massachusetts, the workers could have needlessly died or been seriously injured as a result of these safety violations.

The proposed fines total $54,250.

Source: Makeshift Scaffold, Other Dangers Add up to $54K Fine for Contractor, OHSOnline.com, January 26, 2010

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Last month, a forklift accident landed an employee at a medical manufacturing factory in a Boston hospital. The unidentified worker was injured while operating the forklift, which tipped over and spilled hazardous materials, including hydraulic fluid and sulfuric battery acid.

The worker reportedly came in contact with the hazardous chemicals, but most of the injuries were from the forklift tipping. The Mansfield Fire Chief said the worker sustained serious injuries to the ribs, hips, and legs.

Emergency responders apparently halted the company's operations while they cleaned up the spill. Fire crews from Foxboro assisted Mansfield fire crews.

Source: Mansfield worker injured in accident, The Sun Chronicle, December 17, 2009

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A new study of work-related injuries presented at a recent American Public Health Association meeting found that overall, female hotel workers are 1.5 times more likely to suffer injuries than their male counterparts. However, Hispanic women working in hotels were almost twice as prone to injury compared to white women. The study also found that Hispanic and Asian male employees were 1.5 times more likely to be injured than whites.

The study examined data from the Occupational Safety and Health Administration on close to 3,000 worker injuries at 50 unionized hotels. The injuries occurred between 2003 and 2005. The most common areas of injury were to the upper extremity, followed by back and lower extremities.

Among the first to look at injury incidence, rate, and risk ratios by gender, employer, ethnicity, and race in the United States hotel industry, the study does not pinpoint possible causes for the disparities in injury rates. Future studies might examine injury prevention strategies for this group of workers.

Source: Women Hotel Workers Suffer High Injury Rates, NewAmericaMedia.org, December 6, 2009

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The Occupational Safety and Health Administration (OSHA) has recently revealed their list of top 10 safety violations for 2009. The agency says the number of top 10 violations increased almost 30 percent compared to the same period last year.

Topping the list were scaffolding and fall protection violations. Scaffolding accidents generally result when planning or support gives way, according to OSHA. So far in 2009, OSHA reports more than nine thousand scaffolding violations and more than six thousand fall protection violations. OSHA guidelines require that workers at a height of four feet in general industry must have fall protection.

Further down on the list were violations such as hazard communication, respiratory protection, and lockout/tagout. The list underscores the important role that employers play in preventing construction accidents or other work injuries.

Source: Scaffolding, fall protection top safety violations for 2009, RiskandInsurance.com, December 17, 2009

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A Massachusetts contractor has received several citations from the Occupational Health and Safety Administration for alleged repeat and serious violations of excavation safety standards. An OSHA inspector watched as three employees worked in an unprotected trench in Boston.

The trench was nearly 6 feet deep and was not sloped at a shallow angle or otherwise protected against a potential collapse of its sidewalls. According to OSHA standards, all trenches and excavations five feet or deeper must be protected against collapse.

As a result, OSHA has proposed $33,700 in total fines. $28,000 of that is a repeat citation due to a similar hazard in the past. Another $5,700 in fines is two serious citations for not having a ladder or other safe means to exit the trench and not having the trench inspected by a competent person. The contractor has 15 business days from receipt of its citations and proposed penalties to comply, contest the findings, or participate in an informal conference.

Source: Cave-In Hazard Leads to $33,700 in OSHA Fines for Hyde Park, Mass., Contractor, EHSToday.com, November 18, 2009

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A New England contractor with worksites in Massachusetts, Connecticut, and Rhode Island, was recently cited by the Occupational Health and Safety Administration (OSHA) and faces a total of $308,500 in new proposed fines.

Two recent inspections of the company's worksites in Methuen and Plymouth uncovered numerous hazards, including untrained fork truck operators, lack of fall protection for workers at heights greater than six feet, improperly constructed and uninspected scaffolds, and a lack of fire extinguishers.

Since 2003, OSHA has cited this company eight times. This time, OSHA issued the company one willful, six repeat, and 13 serious citations. According to OSHA, a willful violation occurs when the violation is committed with plain indifference to or intentional disregard for employee safety and health. A serious citation results when death or a serious accident is likely to result from safety hazards which the employer knew or should have known about.

Safety: Fall Hazards at Massachusetts Sites Net $308,500 in OSHA Fines, OHSonline.com, November 7, 2009

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Earlier this year, a worker died after he became caught in the moving parts of an industrial ice-making machine. The machine activated as the worker performed maintenance work inside it. When officials from Occupational Safety and Health Administration investigated the New Bedford company, a seafood processor, they discovered 23 alleged safety violations.

Following the fatal machinery accident, the company received 19 serious citations and four other-than-serious hazards. OSHA found that the company's seafood processing plant did not have specific steps and procedures to power down and lock out the ice machine's power source before workers entered it.

Investigators also found that employees were not trained to deal with the hazard of the machine's operating without warning. The plant was also missing a program to train employees to work in confined spaces such as the ice machine. OSHA regulations aimed at preventing serious injuries require that machinery be powered down and power sources locked out before employees enter the machine to perform maintenance.

The combined proposed penalties total $66,800.

Source: Seafood Processor Cited for Worker's Death in Ice Machine, OHSonline.com, November 9, 2009

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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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Our workplace accident attorneys have recently learned that a Massachusetts composites factory is facing a total of $442,150 in proposed fines. The United States Department of Labor's Occupational Safety and Health Administration has cited the Rockland, Massachusetts manufacturing and assembly facility for alleged violations of health and safety standards.

According to OSHA's area director for Boston and southeastern Massachusetts, a safety inspective revealed inadequate or absent safeguards against workers' exposure to lead. The two companies involved reportedly failed to conduct required air and biological monitoring to determine and track workers' lead exposure levels. They also failed to implement adequate controls to reduce lead exposure and did not keep work surfaces and floors as clean of lead accumulation as possible.

Globe Composite Solutions faces $209,500 in proposed penalties for two willful, 41 serious, and 6 other-than-serious violations. ADP TotalSource II faces $233,650 in fines for two willful, 29 serious, and one other-than-serious violations. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. The companies have 15 business days from receipt of their citations to take action.

Composites factory facing $442,150 in OSHA penalties, Reliable Plant Magazine, August 6, 2009

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The Occupational Safety and Health Administration has cited a Massachusetts manufacturer for more than two dozen willful, serious, and other-than-serious violations of safety and health standards at its Watertown, Massachusetts production plant.

Fluid Management Systems Inc. faces proposed fines totaling $125,000, mainly for electrical, chemical, and respirator hazards. According to OSHA's area director for Middlesex and Essex counties, OSHA inspectors found employees working without personal protective gear in close proximity to energized electrical circuits. OSHA safety regulations mandate that employees wear protective equipment if de-energizing is not feasible. Inspectors also found unqualified employees working on energized equipment and unguarded or uncovered live electrical parts. OSHA issues serious citations when injury is likely to occur from hazards that the company knew or should have known about.

The company also received one other-than-serious citation for not recording work injuries and illnesses in the OSHA 300 log or equivalent. OSHA gives companies 15 business days from receipt of its citations and proposed penalties to comply, participate in an informal conference with the OSHA area director or contest them before the independent Occupational Safety and Health Review Commission.

OSHA proposes $125K fine for Massachusetts manufacturer, ReliablePlant.com, August 3, 2009

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In Rochester, Mass., Covanta has been cited for seven alleged "serious" violations of federal safety rules at its SEMASS waste incinerator by the Occupational Safety and Health Administration (OSHA). The citations include an accumulation of fly ash on energy 208-volt electrical equipment and exposing workers to electrical hazards such as arc flash and blast. The total proposed penalties add up to $13,500 against the company.

The citations were issued following an inspection requested by Utility Workers Union Local 369, which represents employees at the plant. A spokesperson for the company said it will not appeal OSHA's decision or fines on the June 1 citations and will drop its appeal of previous OSHA citations, because it is in the process of renewing its OSHA Voluntary Protection Program participation and needs the support of Local 369.

Four earlier citations were issued on April 2, 2009 and included alleged violations such as "maintaining" electrical equipment with duct tape and cardboard and storing combustible acetylene cylinders next to oxygen cylinders.

Covanta cited again for safety violations, WickedLocal.com, June 18, 2009

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A North Attleboro, Massachusetts metals refining company has been cited by the Occupational Safety and Health Administration for 10 alleged serious violations of safety standards. A November 7, 2008 gas lack at the plant prompted an inspection by OSHA's Boston South Area Office in Braintree. That inspection uncovered several alleged deficiencies in the plant's Process Safety Management (PSM) program.

According to the citations, the company had not compiled information on the chemicals, equipment, and technology used in the purifying process, and it had not developed and implemented written procedures outlining the process or posted a sign to indicate a confined space, among other safety issues.

OSHA issues serious citations when death or serious physical harm is likely to result from hazards about the employer knew or should have known. The North Attleboro company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA Area Director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA proposes more than $46,000 in fines against North Attleboro, Mass., metals plant following chlorine gas leak, HR.CCH.com, June 10, 2009

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Safety and health violations at a residential construction site in Woburn, Massachusetts have resulted in OSHA issuing $79,000 in proposed fines to a North Reading roofing contractor. After an OSHA inspection discovered employees working on a two-story roof without fall protection and with ladders that did not extend at least a yard above the upper landing surface, the company was issued two willful citations, carrying $56,000 in proposed fines. A willful citation is defined as when a safety violation is committed with indifference to or intentional disregard for employee's health and safety.

In addition to two willful citations, OSHA also issued the roofing contractor 14 serious citations for several scaffold hazards including lack of fall protection, unsecured ladders, lack of head, eye, and face protection for employees exposed to overhead hazards. Those fines amounted to $23,000. OSHA issues serious citations when death or serious physical harm is likely to result from hazards which the employer knew or should have known about.

As OSHA's area director for Middlesex and Essex counties pointed out, "It takes only one slip or misstep to turn a construction site into an accident scene."

The company has 15 business days from the receipt of the citations and proposed penalties to comply, request and participate in an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA proposes $79,000 in Fines For Fall Hazards, EHSToday.com, May 19, 2009

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Following an inspection in response to chlorine gas leak at a North Attleboro, Massachusetts metal refining plant, OSHA has cited a Massachusetts company for 10 alleged serious violations of safety standards. The citations carry $46,500 in proposed fines.

OSHA inspectors found the plant's Process Safety Management (PSM) to be lacking. The PSM is a detailed set of requirements and procedures employers must follow to assess and address potential safety hazards associated with large quantities of hazardous chemicals. The company had not compiled information on the chemicals, technology, and equipment used in the metal purifying process, nor had it performed an initial process hazard analysis. The company also failed to post signs indicating a confined space.

These safety violations resulted in 10 alleged serious citations, which OSHA issues when death or serious physical harm is likely to result from hazards which the employer knew or should have known about. The company has 15 business days from receipt of the citations to respond.

OSHA Proposes More than $46,000 in Fines for Chlorine Gas Leak, OHSonline, May 7, 2009

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A New Bedford-based manufacturer of rubber products has been cited by OSHA for 34 alleged safety and health violations at its plant. An inspection last November found mechanical, electrical, fall, burn and other safety hazards at the plant. The company now faces $44,250 in proposed fines for violating health and safety standards.

Among those hazards identified during OSHA's inspection were locked exits, excess carbon monoxide levels from forklifts, lack of personal protective equipment for welders, untrained forklift operators, and numerous electrical safety issues. Those findings amounted to 31 serious citations and $43.750 in proposed penalties. The company also received three other-than-serious citations for not having an injury and illness log, dust masks, and forklift data plates.

According to OSHA's area director for Boston and southeaster Massachusetts, these issues "need to be addressed effectively and continuously to prevent injuries and illnesses, and ensure the health and safety of the workers at this plant."

The company has 15 business days from receipt of the citations to comply, request a conference with the OSHA area director, or contest the citations and proposed penalties.

Lack of Dust Masks, 33 Other Violations Found at Rubber Products Plant, OHSonline.com, April 28, 2009

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A Fall River man who works for the Department of Public Works was critically injured after falling off the back of a truck. According to accident reports, the garbage truck was on its usual pick-up route when the worker fell and hit his head. The workplace accident occurred on Nichols Street in Fall River. The worker is at Charleton Hospital, where police say he is fighting for his life.

The truck accident is under investigation by the Massachusetts State Police truck team and the Fall River Police Department.

Head injuries can be especially serious and can result in permanent, life-altering damage in some cases. Many injured workers are not able to return to work after an accident because of permanently debilitating injuries. The cost of long-term care and the loss of financial support take their toll on the injured worker as well as his or her family.

Worker critical after falling off truck, WPRI.com, May 6, 2009

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A Massachusetts manufacturing plant has received citations for 29 alleged serious safety violations. OSHA conducted two safety inspections between fall last and last month.

The first inspection was conducted under its Site-Specific Targeting program and identified damaged support frames for large metal dies, slipping and tripping hazards, and missing access stairs, among other workplace hazards.

The section inspection was conducted in response to a manufacturing plant accident on December 23. Two workers sustained injuries when a 700-pound forging shot up in the air and hit them while they tried to free it from a malfunctioning die on a power press.

OSHA cited the company because it did not develop procedures to prevent the build-up and release of hazardous energy generated by the press. The company faces over $100,000 in proposed fines.

OSHA Proposes Fines for Serious Violations, Safety.BLR.com, March 20, 2009

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A recycling company in New Zealand has received a record fine for failing to prevent a workplace accident last year that cost an employee both his legs. Ben Hekenui, 37, was trapped in an automatic baler press in April of last year.

Last week a judge fined the company $100,000 on two charges of breaching health and safety regulations. The maximum fine for reach charge is $250,000. In addition, the company is required to $76,900 to reparation to the
injured employee.

According to the Department of Labour counsel, the company’s health and safety policies were “ad hoc.” He claimed the company had inherited a health and safety manual from the company’s previous owner and lacked a process for identifying hazards. The company is about to be voluntarily liquidated but vowed it will make reparation payments to the workplace accident victim.

“I'm not sure how long it will take but it will certainly be made," said a company director.

Record fine after workplace accident, Taranaki Daily News, March 12, 2009

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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 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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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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A volunteer firefighter in Provincetown, Massachusetts has been charged with speeding and operating a fire truck dangerously. The charges are the result of an investigation into a November 9 accident that totaled Provincetown’s only ladder truck.

The firefighter, Elias Martinez, 21, was driving the fire truck during a routine test. Investigators say the truck’s front wheel hit a curb and flipped over an estimated four times. Both Martinez and his passenger were treated for minor injuries at Cape Cod Hospital in Hyannis.

An accident reconstruction report prompted police to cite Martinez for speeding, as well as failure to use caution at an intersection and operating a vehicle negligently, a misdemeanor carrying a maximum sentence of two years.

The date for Martinez’s arraignment at Orleans District Court has not been set.

Massachusetts Firefighter Cited in Ladder Truck Crash, CMS.Firehouse.com, November 18, 2008

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A steel erection contractor in Marshfield, Massachusetts has been cited by the Occupational Safety and Health Administration for a total of 14 alleged safety violations. Barco Metal Fabrication faces $55,600 in proposed fines as the result of an OSHA investigation prompted by an incident involving an employee who fell 20 feet at a Pembroke, Massachusetts worksite in June.

During the investigation, representatives from OSHA found construction workers performing steel erection work at heights of 20 feet without proper fall protection. Because OSHA’s standard requires use of an effective form of fall protection, like lanyard and safety belts, the contractor received a willful citation with a proposed fine of $28,000.

Other potential worker hazards included a lack of ladder safety training, damaged welding leads, lack of training on how to operate and recognize hazards related to aerial lifts, and other serious safety violations totaling $27,600 in fines. The contractor has 15 business days to meet with OSHA or contest the citations.

OSHA proposes $55,600 in fines against Marshfield, Mass., contractor following employee fall at Pembroke, Mass., jobsite, HR.CCH.com, November 5, 2008

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In Woburn, Massachusetts, Police Chief Philip Mahoney and on-duty officers had to restore order on Tuesday when about 50 off-duty officers from Woburn and nearby towns protested the use of civilian flaggers at roadside construction projects.

A new rule went into effect earlier this week which reclassified Massachusetts Highway Department projects into a three-tiered system and allowed for the use of civilian flaggers in lieu of police officers in some areas. Massachusetts Governor Deval Patrick, who issued the new rules, said that police officers are not needed at all roadside construction sites and that the old system added unnecessary expense. Police officers earn $30-45 per hour, which flaggers are paid about $15-26 per hour.

The protestors parked on a state highway and entered a posted work zone, which are both illegal. They interrupted the work of a road maintenance crew and heckled the flaggers. One officer went so far as to drive down the street against the flow of traffic, claiming a flagger had misdirected him. The off-duty officers were instructed to stay out of the way of the crews clearing catch basins.

Mass. police officers protest civilian flaggers, Associated Press, October 8, 2008

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Earlier this month, a train collision in Chatsworth, California killed 25 people and left 135 injured. More recently, it was discovered that one of the engineers involved in the deadly train crash was sending and receiving text messages while on the job.

The National Transportation Safety Board (NTSB) is still working to determine the exact timing of the text messages sent and received by engineer Robert Sanchez to see if it corresponds with the time of the crash.

According to an analyst at J. Gold Associates in Northboro, Massachusetts, “texting is worse than talking on a cell phone because your eyes are down.”

The Southern California Regional Rail Authority already prohibits rail workers from using cell phones while on the job, and more legislation is expected as a result of this tragic accident.

NTSB: Train engineer in deadly crash was texting while on job, ComputerWorld.com, September 18, 2008

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