Massachusetts Workers' Compensation Lawyer Blog

The U.S. Labor Department's Occupational Safety and Health Administration has recently settled litigation with NER Construction Management Inc., a Wilmington masonry contractor. The construction company has agreed to pay $134,000 in penalties and make significant safety protocol changes to protect company employees against workplace accidents. According to the terms of the settlement agreement that resolves litigation with the U.S. Department of Labor. At a jobsite located at Rowes Wharf in Boston, the original safety inspections were conducted by OSHA's Braintree Area Office in January 2011. OSHA cited NER for willful and serious violations of workplace safety standards. NER employees also faced falling hazards of up to 17 feet.

According to the terms of the settlement agreement that resolves litigation with the U.S. Department of Labor, NER has agreed to pay the fines and has verified that it has fixed all of the cited hazards and is now taking steps to increase workplace safety on all job sites. This new protocol includes performing a detailed hazard analysis on each job to determine fall protection safeguards for every employee on the job, providing competent personal training for all employees authorized to identify and correct fall hazards, and revising the company's disciplinary policy to include management employees. NER also agrees to provide OSHA with a monthly report of all job sites on which it will be working for the next year in addition to copies of any external safety audits conducted over the next two years.

Marthe Kent, OSHA's New England regional administrator, said "Whenever OSHA cites employers, we're looking for them to not only correct specific cited hazards but also to take effective steps to prevent them from recurring…With this settlement, NER Construction Management pledges to take such steps for the safety of its workers." Michael Felsen, the Labor Department's New England regional solicitor, said "Our ultimate goal in litigating OSHA cases is to ensure that employers safeguard their workers against needless and potentially devastating hazards…This positive settlement both upholds OSHA's findings and lays a foundation for future compliance by this employer, which will result in safer workplaces for its employees." Attorney James Polianites of the department's Regional Office of the Solicitor in Boston litigated the case.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department reaches settlement with Wilmington, Mass., masonry contractor to enhance fall protection for workers, OSHA Regional News Release, December 21, 2011

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Continue reading "U.S. Labor Department and Construction Company Settle Litigation Over Workplace Safety" »

The U.S. Labor Department's Occupational Safety and Health Administration has recently investigated a workplace accident in which an East Boston, Massachusetts, painting contractor´s employee suffered from paint fumes in a confined space while working at a job at the Senesco Marine LLC shipyard in North Kingstown, Rhode Island. The employee was spray-painting the interior of a tugboat and subsequently became unconscious in the confined space. The worker was rescued by the North Kingstown Fire Department.

The company, AMEX Inc., now faces $72,900 in proposed fines and was cited for 13 alleged violations of workplace and confined space safety violations. Working in a confined or enclosed space can result in a greater risk of fatalities, severe injuries, illnesses, and fume inhalation, such as the case here. During their investigation, OSHA found that AMEX did not abide by the required safety precautions for working in a confined space. The company did not properly check for hazardous conditions inside the confined space, did not test the atmosphere for toxic or flammable vapors before the worker entered, and did not provide confined space training for employees working in the space. The contractor also failed to supply the workers with sufficient respiratory protection or safe ventilation equipment.

Twelve of the violations were listed as serious and one was an other-than-serious violation due to an incomplete worker injury log. OSHA issues a serious violation 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. An other-than-serious violation is issued when the violation has an impact on workplace safety and health, but would most likely not result in death or serious physical harm, such as a serious violation.

OSHA´s area director, Patrick Griffin, said "This could very easily have been a fatality…Confined spaces are characterized by toxic, oxygen-deficient or flammable atmospheres that can be deadly for employees working in those spaces. No worker should ever enter a confined space until the atmosphere has been tested, proper respiratory protection is supplied and used, and adequate rescue procedures are in place."

AMEX Inc. has 15 business days from the day that they received these citations and proposed monetary fines to agree with, or contest, these workplace safety violations with the Occupational Safety and Health Review Commission.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department's OSHA proposes $72,900 in fines for East Boston, Mass., painting contractor for violations at North Kingstown, RI, shipyard, OSHA Regional News Release, December 1, 2011

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Continue reading "OSHA Cites East Boston Painting Contractor After Worker Suffers from Paint Fumes in Confined Space" »

The U.S. Department of Labor's Occupational Safety and Health Administration has recently cited Massachusetts Bay Commuter Railroad Co. LLC for 22 alleged serious workplace safety violationsin Somerville´s Inner Belt neighborhood. OSHA additionally proposed $130,800 in fines to the company for these violations.

Inspections carried out between April and October uncovered that employees in the facility’s diesel, carpentry, truck, pipe and coach workshops were exposed to potential electric shocks, fires, falls, chemical burns, lacerations, amputations and bloodborne pathogens, in addition to possible injuries from crushing, slipping and tripping hazards.

OSHA discovered that unqualified employees were working on energized electrical equipment without proper personal protective equipment. Additionally, the facility had numerous exposed electrical circuits, inadequately misused power cords, the lack of locking out electrical power sources during maintenance, incorrect and inadequately secured oxygen and acetylene cylinders in storage, and a blocked emergency exit by a storage unit of flammable materials. Employees were also allowed to work with corrosive chemicals without face masks, hand protection or protective clothing. The facility had unguarded saw blades and unlabeled containers of hazardous chemicals. The company also failed to offer hepatitis B vaccinations to employees who were potentially exposed to bloodborne pathogens while cleaning passenger cars.

OSHA issues a serious violation when there is substantial likelihood that death or serious physical harm could result from a hazard about which "the employer knew or should have known."

Jeffrey A. Erskine, OSHA’s area director for Middlesex and Essex counties said, "The sizable fines proposed here reflect the number and breadth of hazardous conditions found at this facility…While some violations were corrected during the course of the inspection, the railroad must correct all hazards and take effective steps to prevent their recurrence."

In a statement following the proposed fines and citations, the company stated: "MBCR treats safety with the utmost seriousness…MBCR has abated or is in the process of addressing all of the issues identified by OSHA. The company will continue to work closely with OSHA and the Federal Railroad Association to ensure the highest possible level of safety for employees and customers." The statement also said that MBCR has the second lowest rate of injuries in the industry and also that the company had reduced workplace injuries by 58 percent over the past year.

The railroad company has 15 business days to comply, meet with OSHA's area director or object to the inspection´s findings to the independent Occupational Safety and Health Review Commission.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Sources:

US Labor Department's OSHA cites Massachusetts Bay Commuter Railroad for workplace safety hazards at Somerville maintenance facility, OSHA Regional News, November 1, 2011

OSHA: Train yard in Somerville cited for 22 serious safety violations, www.wickedlocal.com, November 2, 2011

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Continue reading "Massachusetts Bay Commuter Railroad Cited for 22 Safety Violations at Somerville Train Yard" »

A repairman was rescued after passing out in a 14-foot deep septic pump chamber last Thursday, September 29, in West Bridgewater. The work-related accident happened just outside of a West Bridgewater car repair shop, where the repairman was fixing a broken valve. Although the sequence of events was at first confusing, officials confirmed that Williamson Electric Motor Service employee, Gus Futyma, 51, was repairing the broken valve in the septic pump chamber when he lost consciousness and became trapped. His co-worker, who is also his brother-in-law, said that he had been in the well for approximately ten minutes before complaining that he was having difficulty breathing. He then noticed that Futyma had fainted and immediately called for help.

Futyma was extracted from the hole by emergency medical personnel and was taken to a Brockton hospital, where he spent the night in intensive care. Although he was wearing a full harness that was tethered to a winch, the rescue crew had difficulty hoisting him up and had to cut a pipe to get Futyma out of the hole. West Bridgewater Fire Chief Leonard Hunt said, "Tried to pull him up…but he was a pretty heavy guy…He was unconscious at that point." Police performed CPR on Futyma until an ambulance arrived.

Bob Tilden, Futyma´s boss and owner of the company, said that his employees continuously train for this type of an emergency. He said, "We never wanted it to happen but we train for it." The question of why Futyma lost consciousness remains a mystery. Tilden said, "You're in a confined space. You have no idea what's down there." Although Futyma was complaining that he was having difficulty breathing before he passed out and the lack of oxygen is one reason for loss of consciousness, the case continues to be investigated by authorities.

The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine exactly how the accident had occurred and whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews of persons involved, review of records, and any necessary testing.

If you or your loved one has been injured in the workplace, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Source:

Repairman OK After Fainting 14 Feet Underground, TheBostonChannel.com, September 30, 2011

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Continue reading "Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber" »

A Beverly dentist, N. Terry Fayad, is being sued by the U.S. Department of Labor for reportedly terminating an employee for raising concerns about needle contamination hazards in the workplace and for filing a complaint with the department's Occupational Safety and Health Administration.

The whistleblower, who remains anonymous, filed the complaint in a U.S. district court in Boston by the department's Office of the Regional Solicitor. Fayad supposedly fired the employee, who was working as a dental assistant, in November 2010. The employee questioned the hazards of an office procedure that required workers to remove protective caps from contaminated needles before putting the needles in a sharps disposal container. Such a procedure puts the employees at risk for injury or could expose them to possible infection by blood-borne pathogens such as hepatitis and HIV. The lawsuit attempts to restore the employee's standing; payment of lost wages, benefits, interest, and compensatory and punitive damages; and also seeks to stop Fayad from violating the Occupational Safety and Health Act in the future.

Marthe Kent, OSHA's New England regional administrator, said "No employer should ever treat employees this way…Workers have the right to perform their jobs without being exposed to life-threatening hazards as well as the right to raise concerns when faced with such hazards. The Labor Department will take all appropriate legal steps to ensure these rights are enforced."

On November 23, 2010, OSHA conducted a separate health inspection of the dental practice and found that the practice was violating numerous safety standards. OSHA fined Fayad´s practice with $26,400 and eight alleged serious violations of the agency´s blood-borne pathogen and hazard communication standards. One of the citations stemmed from the office protocol which required employees to remove the safety cap from contaminated needles. Fayad contested all of the citations and the fine to the independent Occupational Safety and Health Review Commission.

OSHA protects whistleblowers following the OSH Act along with 20 other statutes protecting employees who report violations in the workplace. Employers are prohibited by law from retaliating against or firing employees who raise concerns about workplace safety or who report such safety concerns.

Massachusetts Law mandates the use of a sharps container for the safe disposal of all needles and maintains strict regulations for health care providers when handling needles in order to prevent sharps injuries.

If you or your loved one has been injured in the workplace, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

US Labor Department sues Beverly, Mass., dentist for allegedly firing employee who raised concerns about contaminated needle disposal, OSHA Regional News Release, September 21, 2011

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Continue reading "Beverly Dentist Accused of Firing Whistleblower Over Workplace Safety Hazards" »

The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) has recently conducted an assessment of workplace safety at Angelica Textile Services, operating under the name of Royal Institutional Services, in Somerville, Massachusetts. The investigation was prompted by multiple worker complaints in regards to illnesses, injuries, and long-term health problems due to a dangerous and unhealthy working environment. MassCOSH´s findings were recently published in a >report that was compiled from this recent workplace safety assessment. As reported in OSHA Cites Somerville Commercial Laundry Service After Employee Injury, the company was also cited by the hand was compressed in a large iron. The company’s Somerville facility was also cited by OSHA in 2006 for hazardous waste and protective equipment safety hazards.

After OSHA´s findings in June, MassCOSH interviewed and observed 113 Angelica employees in July to document health problems and injuries thought to have been caused by working conditions. The majority of workers interviewed experienced health problems that they believed were due to their work in the laundry factory. Pain in the shoulders, back and wrist injuries were most common. Many other workers complained of neck, foot, leg, and knee pain. One unidentified worker said, “As a leader on my line I have to force my co-workers to perform more than what they can.”

When the workers were asked about working conditions that might have contributed to their health problems, workers repeatedly referred to the employer’s recent increase in work output quotas as a significant factor contributing to these injuries or chronic pain. Another unidentified employee was quoted: “I’ve been working at Angelica for more than 20 years. They gave me a written warning because I do not perform at 100% of [the newly implemented] production [quotas]. I’m in pain, my joints hurt. And, I’m very worried about my health.”

In addition to interviewing the workers, MassCOSH also conducted a review of tasks and protocol of cleaning soiled hospital linens and a chemical hazard review of cleaning products and relevant standards of manufacturers’ safety recommendations for the products and toxicology information.

MassCOSH found the following safety hazards during their investigation:

• Majority of employees are extremely physically fatigued while operating machinery. Workers seem to be experiencing an increase in pain and work-related injuries due to the increased production quota.

• Health and safety training is insufficient and not in the language of all of the workers.

• Poor maintenance and frequent breakdown of machinery exposes workers to chemical fumes and unnecessary chemical spills.

• Inadequate employee clothing to protect workers from soiled or contaminated laundry (such as blood-borne pathogens found in hospital laundry).

• Overcrowded work areas which block emergency exits.

• Increased risk of musculoskeletal injuries due to maneuvering heavy carts of laundry.

• A demeaning and hostile work environment hinders employees from speaking up about unsafe work conditions.

If you or your loved one has been injured in the workplace or suffers from chronic pain due to work, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Angelica Textile Services Assessment Report, Massachusetts Coalition for Occupational Safety and Health, August, 2011

US Labor Department's OSHA cites Somerville, Mass., commercial laundry for safety hazards following worker injury, OSHA Regional News Release, June 28, 2011

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Continue reading "MassCOSH Reviews Workplace Safety at Angelica Textile Services in Somerville" »

Bostik Inc. reported yesterday that they had determined the cause of their plant´s explosion and 4-alarm fire at their adhesive manufacturing plant in Middleton on March 14. They asserted that the explosion which injured four of their workers was due to open valves that let flammable gas permeate throughout the building. In a press release, they reported that "Findings point to a single instance in which two internal valves in an open position appear to have allowed flammable vapors to escape into the building and ignite when exposed to an internal ignition source."

However, after meeting with Bostik representatives yesterday, state officials and investigators are hesitant to accept this explanation as a definitive cause. State Fire Marshal Stephen D. Coan said Bostik's explanation is not an official ruling and that the incident is still being investigated: "Our investigators met with the company and other agencies and were able to obtain additional information…But we are not commenting on nor are we confirming the cause as released by the company…"

The continuing investigation into the cause of the explosion and fire is led by State Fire Marshal Coan´s office and local fire officials. The Occupational Safety and Health Administration officials are investigating the plant´s workplace safety. OSHA requires such manufacturing companies to have specific procedures to control the accumulation of flammable and combustible material. OSHA also requires the regular maintenance and monitoring of any heat-producing equipment in order to prevent the accidental ignition of flammable material.

Residents nearby the plant complained of an earthquake-like boom due to the explosion and a strong chemical odor in the aftermath. State Fire Marshal Coan confirmed that shortly after the explosion, the haz-mat team had determined that there was no airborne environmental hazard. Local environmental officials were, however, concerned about the possible chemical contamination to the Ipswich River. The location of the plant is situated close to the Middleton, Peabody, and Lynn town lines.

Workplace explosions affect not only the workers but also the residents that surround the workplace facility. Injuries from explosions are not always limited to on the job site workers. When someone is injured on the job they are entitled to workers compensation benefits. These benefits vary depending on the severity of the injury. In addition, if someone happens to be injured on the job and the injury is caused by a third party, that worker may be able to make an additional claim for damages. If you are not sure if you have a third party negligence claim it may be in your best interest to contact a work injury attorney to fully understand your rights.

In addition as in the case above, when there is an explosion on the worksite often times OSHA is called in to see if there were any safety violations in the workplace. While we do not know what OSHA’s findings will be yet on, their findings can impact an injured worker’s injury claim.

If you have been injured in the workplace, it is best advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

State and company officials discuss Middleton blast, The Boston Globe, May 24, 2011

Bostik Provides Update on the March 13 Incident to Local Agencies, Bostik, Inc., Press Release

Fire Prevention Plans, Standard 1910.39, Occupational Safety and Health Administration

OSHA investigating Middleton plant blast, The Boston Globe, March 16, 2011

4 hurt in blast, fire at factory, The Boston Globe, March 14, 2011

Continue reading "Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation" »

According to a report released by the Massachusetts Department of Public Health, teen work injuries remain a major issue for Massachusetts despite a slight decline over the past few decades. The report is a part of the department´s "teens at work" project that tracks teenager hospital room visits and teenager workers´ compensation claims related to work accidents.

John Auerbach, the state’s public health commissioner, said “We’re trying to determine what type of injuries occur so we can prevent them in the future…Sometimes, what’s required is more training; sometimes, educating employers; and sometimes, changing laws.’’

According to the report, three Massachusetts teenagers under the age of 18 were killed in the workplace and over 4,000 Massachusetts teenagers went to the hospital with an emergency due to work-related injuries from 2004 to 2008. Although the number of teenager injuries has decreased due to higher unemployment rates, the rate of injuries has only slightly declined since 2000. The injury rate, three out of every 100 teenagers, is twice as high as the injury rate for older employees.

Tish Davis, who manages the Massachusetts health surveillance program, said “What we see in our interviews with injured teens is that they’re often doing exactly what their employers are asking them to do…They want to prove themselves; they don’t want to look foolish by speaking up.’’

The findings reveal that employers are not following Federal and state rules and thus not providing a safe working environment for teenagers. Under Federal law, minors must not be put in dangerous work situations. Teenagers under 18 are not allowed to work with or use power-driven meat slicers, wood-working machines, bakery equipment and are completely prohibited from working in coal mines, meat packing plants, and saw mills. Massachusetts law prohibits most jobs, other than babysitting and yard work, for children under the age of 14. However, approximately one-fifth of Massachusetts middle school students admitted to having prohibited jobs in 2009.

If you or your teenager has been injured in the workplace, it is advised that you contact a Massachusetts workers' compensation lawyer.

Sources:

Teen work injuries in Mass. show only slight decline, The Boston Globe, April 22, 2011

Protecting Working Teens - A Public Health Resource Guide, Massachusetts Office of Health and Human Services

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Continue reading "Teenage Work Injuries Remain Too Common in Massachusetts" »

The Occupational Safety and Health Administration (OSHA) has recently released a campaign for a safer working environment for employees who drive while working. Following national awareness and campaigns on the dangers of texting while driving, OSHA is working together with the Department of Transportation and has released a ”no-texting while working” brochure and a new informational page on their website directed at employers and workers who drive on the job.

In the brochure, OSHA outlines that employers should ensure the safety of their driving employees by following these recommendations:

• Prohibit workers from texting while driving and declare work vehicles “text-free zones.”
• Establish procedures that do not require employees to text while driving.
• Establish safe procedures, locations, and times for safe communication with managers or customers.
• Train employees on safe communication practices.
• Remove any possible financial incentives or work incentives that would result in employees trying to text while driving on the job.

At a recent symposium focused on eliminating work-related driving distractions, the Symposium on Prevention of Occupationally-Related Distracted Driving, held on April 18 in Laurel, MD, OSHA Assistant Secretary David Michaels spoke on the importance of minimizing the need of employees to text their customers or employers while driving. In an October 2010 letter to employers whose employees work involves driving, he emphasized, “Year after year, the leading cause of worker fatalities is motor vehicle crashes. There’s no question that new communications technologies are helping business work smarter and faster. But getting work done faster does not justify the dramatically increased risk of injury and death that comes with texting while driving.”

Here in Massachusetts, bus drivers are forbidden from using any cellphone; however, there is no statewide-law forbidding cellphone use while driving, only local laws.

If you have been injured in a work-related vehicle accident, contact an experienced Massachusetts workers’ compensation lawyer for legal advice and to find out if are entitled to workers' compensation.

Source:

Distracted Driving, Occupational Safety and Health Administration

Continue reading "OSHA Pushes for Safer Occupational Drivers, No Texting for Drivers on the Job" »

Following the death of a 20-year-old worker in Ohio last September, the U.S. Department of Labor's Occupational Safety and Health Administration has drawn national attention to grain storage facility deaths. After inspecting Gavilon Grain LLC, OSHA charged this company with over forty citations and $465,500 in fines for safety violations at their three Ohio facilities in Morral, West Jefferson and Harpster .

OSHA’s Assistant Secretary of Labor, Dr. David Michaels, explained that this death, in which the employee got caught in a discharge auger when cleaning out a grain bin, should have been avoided: “This tragic death could have been prevented had the grain bin owner and operators followed occupational safety standards and learned from the tragedies that have occurred at other grain bins…Grain elevator owners and operators must implement well-known safety practices to prevent workers from being hurt or killed in a grain bin.” Purdue University researchers report that approximately 25 workers in the U.S. were killed in grain equipment last year and that 2010 saw the highest number of grain deaths since they started collecting this data in 1978.

Because the number of deaths related to grain processing is on the rise, OSHA sent a notification letter in February 2011 to grain storage facility operators warning them of grain equipment safety standards. OSHA explains that entrapment deaths occur due to employer negligence, poor safety practices, and non-compliance with OSHA standards. Michaels said that "OSHA will not tolerate noncompliance with the Grain Handling Facilities standard…We will continue to use our enforcement authority to the fullest extent possible."

Although grain equipment deaths are not as frequent in Massachusetts as in other farming states, grain equipment can nonetheless pose a threat to workplace safety and employers should always take action for a safer workplace. Since 2009, OSHA has cited and fined numerous other grain operators nationwide in order to prevent further workplace injuries or deaths due to grain equipment.

If you have been injured in the workplace, please do not hesitate to contact one of our experienced Massachusetts Work Injury Lawyers for advice on a case and a free consultation.

Source:

US Labor Department's OSHA cites Gavilon Grain for willful, other safety violations following death of 20-year-old worker at Morral facility, OSHA National News Release, March 16, 2011

Continue reading "OSHA Cracks Down on Rise of Grain Equipment Deaths" »

The Occupational Safety Health Administration has recently updated procedures to help whistleblowers who believe that their employers are not following safety laws in relation to nuclear and environmental safety or security, clean air, safe drinking water, solid waste, and toxic substances. Now consistent with OSHA’s other whistleblower procedures, the new rule also helps workers to bring the violations of their employers to the attention of authorities and helps those who might have difficulty filing a written complaint or filing a complaint in English. The new rule will ultimately help to prevent workplace safety hazards by providing workers easier access to filing complaints.

Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels said "Silenced workers are not safe workers…Changes in the whistleblower provisions make good on the promise to stand by those workers who have the courage to come forward when they believe their employer is violating an environmental or nuclear safety law."

The rule provides final regulations of the employee protection agreement, known as the "whistleblower agreement”, of the original Energy Reorganization Act of 1974. OSHA maintains whistleblower regulations for nuclear and environmental workers and also protects workers who report violations of airlines, commercial carriers, consumer products, financial reform, health care reform, pipelines, public transit, railroads, maritime and securities laws. Under the Occupational Safety and Health Act of 1970, employers must provide healthy and safe workplaces for their employees.

For a complete guide to environmental workplace safety standards here in Massachusetts, please visit the Massachusetts Energy and Environmental Affairs website.

If you are a whistleblower and work in an environmentally unsafe workplace or have been injured in the workplace, please do not hesitate to contact one of our experienced lawyers for assistance and a free consultation.

Source:

OSHA publishes final rule establishing procedures for handling nuclear and environmental retaliation complaints, OSHA Trade News Release, March 10, 2011

Continue reading "OSHA Updates Procedures to Help Workers Report Employer Violations of Nuclear and Environmental Safety" »

Two Massachusetts contractors have been cited for similar trench violations by the U.S. Department of Labor's Occupational Safety and Health Administration within the past week.

On February 25, 2011, the first contractor cited was A.A. Will Corp., of Stoughton, for willful and repeat violations of workplace trench safety at the Massachusetts Bay Transportation Authority's Wonderland Station in Revere, where they were installing electrical vaults in the parking lot of the station. Prompted by complaints of an unsafe jobsite, OSHA found workers in a ditch deeper than 5 feet without collapse protection or a ladder, which is a repeat violation for this contractor for a similar situation in February 2010 at a Boston jobsite. The company faces $69,300 in proposed fines.

The second contractor cited, Trainor Construction Co., of Canton, Massachusetts, was cited on February 28, 2011, for willful and serious violations of workplace safety at a jobsite at 270 Centre Street in Boston. Upon the inspection of the jobsite, where Trainor was replacing a water main, OSHA found that a 7-7 1/2 foot trench had inadequate protection against collapse and lacked the needed bracing for an unsupported concrete structure next to the excavation. Furthermore, employees were not wearing reflective vests or bright clothes to protect them from oncoming vehicle traffic. The company faces a total of $29,000 in proposed fines.

OSHA recognizes trenching and excavating as one of the most dangerous aspects of construction because of the risk of cave-ins. Thus, OSHA requires that all trenches deeper than 5 feet need to be guarded and braced for potential collapse. Soil analysis is also important before digging starts. Additional hazards, such as underground power lines or natural gas, also need to be noted. Prior to workers entering the trench, it needs to be inspected by someone who is trained in trench safety. OSHA provides a complete overview of their trench safety requirements on their Trenching and Excavation page.

OSHA's Area Director for Boston and Southeastern Massachusetts, Brenda Gordon, said, "An unprotected trench can become a prison or a grave in seconds if its walls cave in on workers…Employers should never allow employees into a trench until it has been effectively protected against collapse. Workers' lives depend on it."

Our lawyers have over 25 years of experience representing clients who have been injured on the job. Please do not hesitate to contact us if you would like a free consultation.

Sources:

US Labor Department's OSHA cites Stoughton, Mass., contractor for failing to provide cave-in protection at Revere, Mass., jobsite, OSHA Regional News Release, February 25, 2011

US Labor Department's OSHA cites Canton, Mass., contractor for failing to provide cave-in protection at Boston jobsite, OSHA Regional News Release, February 28, 2011

Continue reading "OSHA Cites Two Massachusetts Contractors for Trench Violations" »

It was forty years ago that the Occupational Safety and Health Administration was founded on April 28, 1971. The Occupational Safety and Health Act was signed by President Nixon in December of the previous year, marking a starting point for healthier workplaces and a decrease in workplace deaths and injuries in the United States. The Occupational Safety and Health Act of 1970 requires that employers are responsible for providing a safe and healthy environment for their workers. OSHA's task is to establish these standards of workplace safety, enforce them, and provide the training and education needed for a safe workplace.

In honor of OSHA’s anniversary and as a commemoration of their progress over the past forty years, the public is invited to visit an online timeline of the organization’s history. Assistant Secretary of Labor for OSHA, Dr. David Michaels, said "We hope you will join us in this anniversary year as we recognize OSHA's accomplishments and reaffirm our dedication to the agency's mission," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Help us celebrate four decades of healthier workers, safer workplaces, and a stronger America."

Here in Massachusetts, workers’ compensation acts and workplace safety standards were established as early 1911. Massachusetts has helped to pave the way for other states to adopt worker compensation laws and safer workplaces.

Throughout the Boston area and greater Massachusetts, our experienced Boston lawyers have represented workers' compensation clients who have suffered injuries due to workplace hazards. If you have a question in regards to a workers' compensation case and would like a free consultation, please feel free to contact us.

Sources:

OSHA timeline highlights 40 years of healthier workers, safer workplaces and a stronger America, OSHA Trade News Release, February 24, 2011

Continue reading "OSHA Celebrates 40 Years of Workplace Safety" »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has recently cited a Masssachusetts contractor currently working on the Hultman Aqueduct project in Weston for repeat and serious violations of workplace safety. The Barletta Heavy Division Inc., from Canton, has been charged with a $52,500 fine for these violations.

Barletta’s previous citations were from inspections in 2008 for potential fall hazards at their jobsites at Commonwealth Pier and Ashmont Station in Boston. When OSHA inspected the aqueduct tunnel, they found similar hazards, such as an unprotected 14-foot fall and an inadequate ladder that did not reach over the edge the required three feet, making the ladder unstable. The company is charged with $37,500 for these repeated safety violations.

Furthermore, OSHA cited Barletta with three serious violations for extremely high noise in the tunnel and their employees did not have hearing protection, a lack of fire extinguishers in the tunnel, and for a live electrical panel that was exposed. OSHA issues serious citations only when there is a serious possibility that death or injury could result from a workplace hazard that the employer could have fixed. These three serious citations resulted in $15,000.

Our experienced lawyers have represented clients throughout Massachusetts who have suffered injuries due to workplace hazards for over 25 years. If you have a question in regards to a workers' compensation case and would like a free consultation, please do not hesitate to contact us.

Source:
US Department of Labor's OSHA cites Canton, Mass., contractor on Hultman Aqueduct project in Weston, Mass., for repeat and serious violations, OSHA Regional News Release, February 22, 2011

Continue reading "Massachusetts Contractor Fined for Safety Hazards at Hultman Aqueduct Project " »

W.R. Grace, the chemical company that is accused of asbestos contamination throughout the United States, will pay over $800,000 and will continue cleaning their nine contaminated sites in Massachusetts. Attorney General Martha Coakley’s Office, who made the claims on behalf of the Massachusetts Department of Environmental Protection (MassDEP), has recently approved the settlement with W.R. Grace. The company will have to pay MassDEP $700,298, including 4.19% interest, and $105,582.97 with 4.19% interest for past clean-up costs.

After hundreds of thousands of lawsuits involving past employees and people living near their plants who were exposed to asbestos, W.R. Grace filed for bankruptcy in 2001. Attorney General Coakley said: “W.R. Grace has the means to pay its environmental liability to the Commonwealth and perform cleanup actions at its contaminated properties…We are gratified that the bankruptcy court agreed it would be wrong to allow Grace to walk away from its responsibilities.”

The nine contaminated sites throughout the state are: the former Zonolite Plant in Easthampton, the Daramic Plant in Acton, the Cambridge Plant in Cambridge, the Knox Trail site in Acton and Concord, a pipeline alongside the Massachusetts Military Reservation in Sandwich, the Acton Superfund site in Acton and Concord, the Wells G&H Superfund site in Woburn, the Blackburn & Union Privileges Superfund site in Walpole, and the Sutton Brook Superfund site in Tewksbury.

Asbestos is a natural mineral fiber that has been commonly used in manufactured products such as building construction materials for insulation and as a fire-retardant. Asbestos is resistance to heat and decay but can eventually break up into microscopic dust fibers that, when inhaled, can remain in the body for years causing numerous lung diseases, cancers, and possibly death.

Workplace exposure of asbestos can be common among people who work in mining industries, and industries that make or use asbestos products on a regular basis. Asbestos exposure at work is most often found in the construction industry (especially when building demolition or renovation jobs are involved), the manufacturing of materials containing asbestos (such as insulation or tiles), and the car repair industry, especially if repairing brakes or clutches.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries or illnesses because of unsafe work conditions. If you have a question in regards to a workers' compensation case and would like a free consultation, please do not hesitate to contact us.

Sources:

AG Coakley’s Office Will Recover Over $800,000 From W.R. Grace in Bankruptcy Proceedings, W.R. Grace Also Commits to Perform Ongoing Cleanup of Contaminated Sites, Office of Attorney General Coakley Press Release, February 15, 2011

Asbestos Information & Resource Guide, Massachusetts Department of Environmental Protection

Continue reading " Chemical Company Agrees to Clean Up and Pay $800,000 for Asbestos in Massachusetts" »

The Beverly facility of the Northeast Hospital Corporation faces up to $63,000 in fines for serious and repeat violations of electrical hazards. After a hospital employee brought the workplace hazards to the attention of authorities, the Andover Area Office of the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) conducted an inspection in which they found that there was a high potential for employee electric shock, resulting in four serious citations and $28,000 in fines.

Reasons for OSHA's citations included:
• Employees lacked protective guards while working on energized electrical equipment
• Electrical protective equipment was not tested regularly
• Electrical safety practices were not used
• Procedures not implemented to control hazardous energy while replacing breakers

Additionally, OSHA issued a repeat citation and a fine of $35,000 for dormant openings in electrical panels and cabinet motor control centers that should have been closed, as previously cited in May of 2010, but were not yet fixed. Jeffrey Erskine, OSHA's Area Director for Essex and Middlesex Counties said, "Electricity can kill or severely injure workers, literally in a flash. There is no margin for error here…it is vitally important for the safety and well-being of employees working with electricity that they be properly trained and equipped with effective protective equipment."

OSHA issues such citations when it is likely that death or a serious physical injury could result from a hazard that the employer knew about or should have known about. Under the Occupational Safety and Health Act of 1970, employers are responsible for ensuring safe and healthy workplaces for their employees.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries because of inadequate workplace safety. If you have a question in regards to an electric shock or workers' compensation case and would like a free consultation, please do not hesitate to contact us.

Source:

US Department of Labor's OSHA cites Northeast Hospital Corp. for failing to protect workers against electrical hazards at Beverly, Mass., facility, OSHA Regional News Release, February 14, 2011

Continue reading "OSHA Charges Beverly Northeast Hospital Corporation $63,000 for Electrical Hazards " »

The Occupational Safety and Health Administration (OSHA) at the U.S. Department of Labor recently withdrew two separate proposals that are key to safety at the workplace. On January 25, the agency temporarily withdrew a proposed regulation that would have reinstated a column on work-related employer logs that would have required employers to record their workers’ musculoskeletal disorders (MSDs). Likewise, a proposal to rehabilitate the workplace standard of loud noise hazards, possibly resulting in hearing loss, was also withdrawn earlier in the month.

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health,
stressed that although MSDs are the most common amongst workplace injuries, "it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community." OSHA and the U.S. Small Business Administration's Office of Advocacy are scheduled to hold a meeting with small businesses from across the country via telephone and/or a Web forum about this proposal.

In regards to the withdrawn noise standard proposal, Michaels commented that although hearing loss caused by loud noise in the workplace is a significant problem, he stated, “it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated…and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards." The Bureau of Labor Statistics reports that in 2008, noise hazards in the workplace caused over 22,000 workers to have partial or permanent hearing loss.

Michaels has confirmed that OSHA is committed to each of these issues and continues to investigate ways to prevent hearing loss for workers in addition to having workplace injuries reported in a more detailed and thorough manner.

Sources:

US Labor Department's OSHA temporarily withdraws proposed column for work-related musculoskeletal disorders, reaches out to small businesses, OSHA Trade News Release, January 25, 2011

US Department of Labor's OSHA withdraws proposed interpretation on occupational noise, Agency examines other approaches to prevent work-related hearing loss, OSHA Trade News Release, January 19, 2011

Continue reading "OSHA Withdraws Two Important Workplace Safety Proposals" »

Multiple roofs in Massachusetts have recently collapsed with the downpour of snow over the past few days. In Easton on Wednesday, the roof of a commercial building collapsed with workers inside the structure. All of the workers in the building escaped unscathed. Also on Wednesday, at the Norwood Airport, a hangar partially collapsed at Swift Aviation Services. Several aircrafts were damaged and one worker was trapped inside the hangar for a short time.

On January 28th, in Stoughton, the roof of an empty commercial building collapsed, damaging also four neighboring commercial buildings. Although the building was already scheduled for repairs due to an earlier fire, the heavy accumulation of snow on the roof was the partial reason for this collapse.

With more snow and freezing rain forecasted over the next few days, the State is taking measures to ensure the safety of all workers, and the Massachusetts Emergency Management Agency is recommending that all property managers and building owners safely clear the snow off of their commercial roofs as soon as possible. MEMA Acting Director, Kurt Schwartz, warns that “Flat, commercial roofs are most susceptible if they are not draining properly.” Because the snow is now turning into freezing rain throughout New England, the rain and ice will soak into the existing snow, making a roof even heavier and more vulnerable to a structural collapse.

Sources:

Workers Escape Ahead of Mass. Building Collapse, The Boston Globe (www.boston.com), February 2, 2011

MEMA warns people to clear snow off their roofs, New England Cable News (www.necn.com), February 2, 2010

Roof Collapse & Storm Drain Safety Information, Massachusetts Emergency Management Agency

Continue reading "Roof Dangers Affecting Many in Massachusetts" »

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 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" »

Contractors in Reading, Tewksbury, and Wakefield have been cited by the Occupational Safety and Health Administration for alleged safety violations. The proposed fines attached to these citations total $154,700. The bulk of the proposed fines were from issues such as cave-in and ladder hazards.

OSHA began investigating in June when an agency official noted employees working in an unprotected 8-foot deep excavation that did not have a ladder or other means of escape. OSHA standards mandate that excavations 5 feet or deeper must be protected against collapse. The contractors were working on installing a grease trap and piping for a supermarket in Salem, New Hampshire.

The Occupational Safety and Health Act of 1970 makes employers responsible for providing safe and healthful workplaces for employees. In cases where a worker is injured on the job as the result of employer negligence, there may be ground for filing a work injury claim.

Source: US Labor Department's OSHA cites 3 Massachusetts contractors for cave-in hazards at Salem, NH, jobsite, MMDNewswire.com, December 9, 2010

Continue reading "Massachusetts Contractors Cited by OSHA for Cave-in Hazards" »

The president of American Society of Safety Engineers (ASSE), Daryl Hill, took part in an international assembly of occupational health and safety professionals in Saudi Arabia Monday and Tuesday, according to WorkersCompensation.com. Hill met with many ASSE members and conducted a presentation on contactor safety management.

The meeting was sponsored by Saudi Aramco and was entitled, “A safer you, a safer me.” It featured presentations from contractor-safety experts from all over the globe, including IOSH president Steve Granger, ARAMCO senior vice president Abdulrahman Al-Wuhaib, and NEBOSH chief executive Teresa Budworth.

ASSE is the oldest professional safety organization. It was founded in 1911 and has more than 30,000 members. In November, several ASSE members met with Chinese authorities from the State Administration of Work Safety and China Occupational Safety and Health Association.

International dialogue like this is an opportunity to gain new approaches to and strategies for occupational health and safety. Unfortunately, in Massachusetts and elsewhere, workers continue to be hurt on the job on a regular basis. If you have been injured at work, call a Massachusetts workers’ compensation attorney today.

Sources:
WorkersCompensation.com, ASSE President Participates in International Meeting on Work Safety

EHS Today, ASSE Members Meet Chinese Officials to Discuss Workplace Safety and Health

IOSH.co.uk, IOSH Saudi Arabia Conference

Continue reading "International Conference on Workplace Safety Held in Saudi Arabia" »

Although this blog frequently reports on Massachusetts construction accidents and similar hazards, construction workers are not the only ones to face serious hazards in the workplace. In fact, the service industries account for 70% of all on-the-job illnesses or injuries (that’s 1 in 1.43 incidents). That’s compared to just 1 in 62.44 non-fatal workplace accidents in the information industry and 1 in 32.69 in the financial industry.

The highest proportion of workplace deaths, 1 in 2.46, is caused by transportation accidents such as bus, subway, or trolley accidents. Surprisingly, only 1 in 36.34 workplace deaths are caused by fires and explosions.

But regardless of the industry, workplace accidents can result in serious injuries or death. That’s why it’s important for all employers to take responsibility for workplace safety. The Occupational Safety and Health Administration monitors potential hazards and issues fines and citations to companies that fail to comply with safety standards.

Source: Workplace Safety, Book of Odds, October 17, 2010

Continue reading "Statistics Show Workplace Hazards by Industry" »

William Nichols, a 58 year old electrician, passed away Friday night as a result of injuries he sustained from a Norfolk home explosion. William Nichols was working in his capacity as an electrician when the Norfolk home suddenly exploded, injuring Nichols and seven others.

Nichols was airlifted to Brigham and Women’s Hospital where he was subsequently pronounced dead. The explosion also injured four other construction workers, two firefighters and a resident who lives in an adjoining unit.

The blast occurred around 12:30 pm as a construction crew was working on the heating and air conditioning system in the unfinished section of a Duplex at the Village at River’s Edge in Norfolk. The explosion caused the ceiling of the home to collapse which trapped Nichols in the basement for over 90 minutes before rescue workers were able to remove him from the rubble.

Continue reading "Seven Injured, One Dead Following a Propane Explosion in Norfolk Home Under Construction" »

While climbing a scaffold at a Brookline, Massachusetts job site, an employee of a masonry contractor fell 30 feet. After the fall accident, when OSHA inspectors visited the job site, they found that it lacked a ladder or other safe means of accessing its upper levels. They also discovered that the contracting company had not provided workers with fall protection while working on the scaffold. Safety regulations require employers to provide fall protection for each employees on a scaffold that is higher than 10 feet above a lower level.

As a result of these alleged unsafe conditions, OSHA issued two willful citations against the masonry company, totaling $56,000 in proposed fines. OSHA also determined that the scaffold was not fully planked and that workers were at risk for electrocution, because the scaffold was located less than 18 inches from uninsulated and energized power lines. The company also received two serious citations in $5,600 in proposed fines.

The Weymouth-based company faces $61,600 total in proposed fines and has fifteen business days from receipt of the citations to comply, contest the findings, or take part in an informal conference with OSHA's area director.

Source: OSHA Fines Contractor $61,000 Following Worker's 30-Foot Fall, OHSonline.com, May 27, 2010

Continue reading "OSHA Fines Weymouth Contractor After Worker Falls 30 Feet" »

Following complaints filed to OSHA by the Massachusetts Nurses Association, Tufts Medical Center has agreed to pay $5,000 to settle issues in record-keeping. OSHA cited the hospital for failing to properly record employee injuries that occurred on the job, including back strains, broken thumbs, needle-stick injuries, and cuts from sharp objects.

The Nurses Association distributed a press release several weeks ago saying the hospital showed a lack of concern for the health and safety of its workers. The union also picketed the hospital earlier this year to protest changes in nurses' staffing patterns.

In response, the hospital issued a statement saying the incomplete employee injury logs were caused by recent changes in recording requirements. They also say the employee injury logs were corrected soon after OSHA notified them of the omissions.

Source: Tufts Medical Center to pay $5,000 to settle record-keeping issue with OSHA, Patriot Ledger, April 30, 2010

Continue reading "Tufts Medical Center Pays $5K to Settle OSHA Issue" »

Last week, a trench collapse killed a 56-year-old worker in Hudson, Ohio. The workplace accident also injured a 58-year-old worker who remained in serious condition at a local hospital.

Officials from the Occupational Safety and Health Administration said the 15-foot-deep trench was unsafe and lacked safety protections in the area where the two workers were digging a sewer line at the time of the collapse. According to OSHA, trenches of that depth should be protected by sloping the walls or strengthening the sides with a shield or shoring materials to prevent a collapse.

OSHA is continuing to investigate the cause of the fatal construction accident.

Source: OSHA: Hudson trench lacked basic safety protections, Vindy.com, April 9, 2010

Continue reading "OSHA Says Trench Lacked Proper Safety Measures" »

Earlier this week, at least 25 workers died in an accident at a coal mine owned by Massey Energy, the country’s fourth largest coal company and the single largest coal producer in Central Appalachia. While the company’s website boasts that it has a safety record above the industry average, the Washington Post reports that the company has a history of safety violations, including roughly 50 citations last month alone.

The United States Mine Safety and Health Administration reportedly fined the company for a laundry list of safety hazards, including failure to maintain proper escape ways, the accumulation of combustible materials, and poor ventilation of dust and methane. MSHA records show that a miner died in an electrical accident in 2003 and another died in a 2001 roof fall.

Federal records show that from 2005 through Monday, the company had amassed 1,342 safety violations with a total of $1.89 million in proposed fines. Companies are permitted to contest such violations. According to federal officials, the company has contested about a third of the violations with over a million dollars in associated penalties.

Source: Massey Energy has litany of critics, violations, Washinton Post, April 6, 2010

Continue reading "Energy Company Had Long History of Safety Issues" »

The Occupational Safety and Health Administration (OSHA) has compiled data on work-related injuries and illnesses since 1996. Now the agency has made that information public through a searchable online database which allows people to look at company and industry-specific data on injury and illness.

The data is used by OSHA to calculate illness and injury incidence rates. These rates inform OSHA's strategic plan and allow the agency to focus its Site Specific Targeting (SST) Program. According to the Assistant Secretary of Labor for OSHA, making this information public is part of the presidential administration's commitment to transparency.

Users can go to Data.gov or OSHA.gov to view an establishment's name, address, associated Total Case Rate (TCR), Days Away from Work (DAFWII) case rate, and other information. However, the database does not include rates calculated by OSHA for companies submitted unreliable or questionable dadta.

Source: OSHA releases workplace injury and illness data, ReliablePlant.com, January, 2010

Continue reading "OSHA Makes Workplace Injury and Illness Data Public" »

A Methuen-based contractor has received 23 citations with proposed fines of $166,950 from the Occupational Safety and Health Administration for trench safety hazards at two Massachusetts worksites, one in Quincy and one in Lynnfield. OSHA’s citations include alleged willful, serious, and other-than-serious violations of safety standards.

During inspections, OSHA discovered workers at both locations who were exposed to cave-in hazards while working in trenches more than 6 feet deep. In Quincy, the workers were also exposed to struck-by hazards from material stored at a trench’s edge, and the trench was missing a safe means of exit. In addition, access ladders were damaged or misused, and OSHA found an incomplete injuries and illnesses log.

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 with OSHA’s area director.

Source: Contractor Cited for Treacherous Trenching, OHSonline.com, January 29, 2010

Continue reading "OSHA Cites Massachusetts Contractor for Unsafe Trenches" »

Last year, OSHA cited a Framingham, Massachusetts-based company after an aerial lift accident injured one employee and killed an employee for another roofing contractor. This incident and several other roofing accidents highlight the need for better safety training.

That's why the American Work Platform Training (AWPT) subsidiary of the International Powered Access Federation (IPAF) is launching free warning stickers that ask if the operator has been properly trained in the operation of that equipment. The stickers are to be placed on an aerial work platform (AWP) or mast climbing work platform (MCWP), both of which require safety training prior to use.

AWPT also offers free stickers that remind operators to wear a full body harness with a short lanyard in boom type platforms. In addition, the organization distributes Technical Guidance Note H1 that explains the ANSI requirements for personal fall protection in boom-supported work platforms. The hope is that these materials will improve safety awareness and reduce the number of construction accidents related to lack of training.

Source: AWPT stickers could help prevent more accidents, Access International, January 12, 2010

Continue reading "AWPT Warning Stickers Aimed at Preventing Construction Accidents " »

After an inspector from the Occupational Safety and Health Administration (OSHA) observed an employee working unprotected in a 6-foot deep excavation at a worksite in Randolph, a Pembroke-based company now faces over $55,000 in proposed fines. The inspection in December, 2009 revealed that the trench lacks cave-in protection and a safe means for workers to leave the trench. OSHA mandates that any excavation deeper than five feet be protected against collapse.

OSHA has given the construction company two willful citations for the missing ladder and unprotected excavation. The fines total $50,000 for the willful citations. In addition, the company also received two serious citations for the excavator at the trench's edge and the lack of a high visibility vest for an excavator exposed to vehicular traffic. The fines for the serious citations total. Lastly, the company also received one other-than-serious citation for an incomplete injury and illness log. That citation comes with a $1,200 fine.

The company has 15 business days from receipt of its citations to comply, participate in an informal conference with their area director for OSHA, or contest the findings.

Source: Contractor Digs Up $55K Penalty for Cave-In, Other Hazards, OHSOnline.com, January 9, 2010

Continue reading "OSHA Cites Massachusetts Construction Firm for Cave-In Hazards, Other Violations" »

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

Continue reading "Alleged Safety Violations At Massachusetts Worksites Lead to OSHA Fines" »

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

Continue reading "OSHA Cites New Bedford Company After Fatal Machinery Accident" »

Massachusetts is among the six states that currently require construction workers to complete OSHA's 10-hour construction safety training course before they can work on certain construction projects. The other states includes Connecticut, New Hampshire, Rhode Island, New York, and Missouri. Nevada's new OSHA training law will go into effect on January 1, 2010.

OSHA developed its 10-hour construction outreach training course as a voluntary safety course to teach workers about the hazards of construction work and the regulations that apply to their worksite. While several states have made the training mandatory in an attempt to reduce the number of construction accidents and injuries, some larger companies also have an authorized OSHA trainer on staff. OSHA has also authorized workers to take the required class online and receive the wallet card through the mail.

Several states only require the training for workers on publicly funded construction sites, but Nevada will require all construction workers to complete the training.

OSHA 10-Hour Construction Safety Course Now Mandatory in Seven States, Reuters, September 1, 2009

Continue reading "OSHA Construction Safety Course Now Required in Seven States " »

In Gloucester, Massachusetts, the Occupational Safety and Health Administration will lead an all-day safety training workshop this Thursday, April 23. The workplace safety seminar is presented by the Contractor's Division of the Cape Ann Chamber of Commerce and leads to the awarding of an OSHA 10 Certificate, which is a requirement for workers in many states.

Massachusetts has required an OSHA 10 certificate on all prevailing rate jobs since August of 2006 and many places are increasingly requiring the certificate on non-prevailing rate jobs. Understanding safety regulations is especially important for construction workers, as their jobs may expose them to hazards such as explosions, crane accidents, fires, welding accidents, and more.

Randy Purser of Crane's Safety Institute in Ashland will lead the workshop. Contact the Cape Ann Chamber of Commerce at 978-283-1601 or info AT CapeAnnChamber DOT com to register.

OSHA seminar for tradespeople planned for April 23, WickedLocal.com, April 17, 2009

Continue reading "OSHA Safety Seminar Planned in Gloucester on April 23" »

A Massachusetts construction company has been issued $60,000 in proposed fines for allegedly failing to provide cave-in protection for workers at an excavation site in Taunton.

Inspectors from the Occupational Safety and Health Administration drove by the site on October 28, 2008 and noticed employees installing a drain line in the 6-foot, 3-inch deep excavation. The excavations sidewalls were not properly shored to prevent a collapse and workers did not have a ladder or other safe means of exit. OSHA standards require cave-in protection when an excavation is 5 feet or deeper.

Because of these safety concerns, OSHA issued G. Lopes Construction Inc. one willful citation with a proposed fine of $56,000 for the lack of cave-in protection and one serious citation for the absence of a ladder (that proposed fine is $4,000).

The construction company has 15 business days from the time they receive the citation to comply, request a conference with the OSHA area director, or contest the citations and proposed fine.

OSHA Proposes $60,000 in Fines Against Mass. Contractor for Cave-In Hazard, EHSToday.com, April 14, 2009

Continue reading "Massachusetts Contractor Gets $60,000 in Proposed Fines from OSHA" »

The US Department of Labor's Occupational Safety and Health Administration (OSHA) has announced a safety partnership with the Burlington-based construction company Erland Construction. The goal of the partnership is to maximize worker safety and health at the Covidien West Street construction project in Mansfield, Massachusetts.

According to Brenda Gordon, OSHA's South Boston Area Office director, "this partnership is designed to encourage, recognize and assist contractors who want to minimize hazards and enhance their safety and health performance."

As part of the agreement, Erland will develop a project-specific safety and health plan. A qualified safety and health representative will implement and supervise the project.

Since 1998, over 1.4 million employees and almost 28,000 employers have participated in strategic partnerships with OSHA.

U.S. Labor Department's OSHA Partners With Erland Construction To Enhance Safety And Health At Mansfield, Mass., Construction Project, SafetyOnline.com, April 9, 2009

Continue reading "OSHA Partners with Construction Company as Mansfield Construction Project" »

According to a report released by the US Department of Labor’s Bureau of Labor Statistics, the number and rate of non-fatal illnesses and injuries sustained on the job and requiring time away from work decreased from 2006 to 2007. Overall, the number of cases declined 2 percent for all injures. The report also states that sprains and strains were the most common type of workplace injuries and illnesses. The number of sprain and strain cases decreased 5 percent in 2007 as compared to 2006.

However, the median number of days away from work as the result of an injury has not changed since 2004. That number remains steady at 7 days, although it varies according to industry. Those in the goods-producing industry reported a median of 9 days. Transportation and warehousing had a median of 14 days, and the mining sector had the highest median days away from work at 27. Over a quarter of all days-away-from work cases resulted in 31 or more days away from work.

Workers age 65 or older tend to experience longer work absences as the result of an injury. Since men tend to work in jobs and industries with a higher risk of injury, they reported a 22 percent higher rate of injury than women. Men had an incidence of 134 per 10,000 workers as compared to 105 per 10,000 workers in women.

Non-fatal work injuries/illnesses drop in U.S. industry, ReliablePlant.com

Continue reading "Bureau of Labor Statistics Reports Fewer Non-Fatal Work Injuries and Illnesses" »

A recent white paper authored Ken Nogan, Risk Control Consultant at PMA Insurance Group, reports that the number of people ages 65 and older in the workforce has increased over 100 percent since 1977 and more than half of those workers are working full-time.

These workers are at a higher risk for falls and can take two to three times longer to heal from an injury as compared to a younger counterpart. Falls account for over a third all injuries in workers over age 65, according to the white paper.

The author suggests doing an ergonomic evaluation of workstations and workspaces to identify causes of fatigue and strain. He also recommends that safety measures include slip and fall prevention and that companies consider risk control measures to meet the needs of this demographic. The complete white paper is available from PMAGroup.com.

Safety Modifications Important for Aging Workforce, ClaimsJournal.com, March 10, 2009

Continue reading "Safety Modifications Could Help Older Workers Prevent Injuries" »

22News reported about the Massachusetts Labor department’s information fair, which was held recently in Springfield. Experts from the department offered information for concerned workers, answering questions about getting injured at work and other issues.

One man told 22News that he suffered injuries on the job but was hesitant to complain for fear that his boss might fire him. A representative from the occupational health division assured the man that he is covered under the law by OSHA.

Many injured workers fail to report injuries for these same reasons; however, they should understand that in many cases they are entitled to workers’ compensation to cover medical costs, disability payments, and 60% of their average income.

Information fair for Mass. Labor unions, WWLP.com, March 4, 2009

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Allston’s Brazilian Immigrant Center is partnering with the Massachusetts Occupational Safety Health Administration to offer a workplace health and safety training workshop for Brazilian workers next Saturday, March 14. The workshop will take place on Saturday from 8am to 6pm Framingham, but the location is still to be determined.

According to the Massachusetts Department of Public Health’s Occupational Health Surveillance Program, 16 Brazilian workers died on the job between 1999 and 2007. Some Brazilian workers lack adequate work safety training, so this workshop is aimed at teaching those workers to avoid lead poisoning, prevent falls, handle electrical wires, and other tasks. The workshop will be conducted in Portuguese by instructor Rony Jabour.

Jabour said that many immigrant workers are reluctant to work with federal agencies like OSHA because of concerns about deportation, so the workshop will also cover OSHA’s role in protecting workers from workplace hazards. The cost for the workshop is $80 and workers will receive a certificate for having completed a 10-hour OSHA safety course at the end of the day. Contact Jabour at 978-767-0630 or oshaclas AT hotmail DOT com for more information.

Preventing work injuries among immigrants, MetroWest Daily News, March 8, 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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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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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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The Worcester Business Journal reports that according to a state Executive Office of Labor and Workforce Development Division of Occupational Safety survey, Massachusetts’ rate of work-related injuries and illnesses for 2007 was lower than the national average and the lowest in New England.

Massachusetts reported four injuries or illnesses per 100 full time workers, compared to the national incidence of 4.2 cases per 100 full time workers. That rate includes the nearly 90,000 non-fatal injuries and illnesses reported among Massachusetts’ 2.8 million private-sector workers.

The highest rate of injury (6.1 per 100 workers) occurred in construction workers, while workers in the financial services experienced the lowest rate (1.3 per 100 workers).

Work Relatively Safe In Massachusetts, Worcester Business Journal, December 18, 2008

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The Journal of the American Medical Association recently reported on statistics involving work-related injury deaths among Hispanics in the United States. The period studied was 1992-2006 and during that period, a total of 11,303 of Hispanic workers died from work-related injuries.

One positive finding was that death rate for Hispanic workers declined during the period; despite this, the rate was still consistently higher than the rate for all U.S. workers. The study found that Hispanic workers in the construction industry are at a particularly high risk of fatal injury. In fact, between 2003 and 2006, 34% of Hispanic worker deaths occurred in that industry.

Potential factors cited included potential miscommunications caused by language barriers among non-native English speakers and employment in work that puts them at high risk for injury. The most common fatal events included highway accidents, homicide, and falls to a lower level.

Work-Related Injury Deaths Among Hispanics—United States, 1992-2006, Journal of the American Medical Assocation, December 3, 2008

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Yesterday, the Massachusetts Division of Occupational Safety announced that We Care Environmental, a recycling and composting facility based in Marlborough, Massachusetts has been approved as a Safety and Health Achievement Recognition Program (SHARP) participant. This is the Occupational Safety and Health Administration’s highest honor given to small businesses.

The purpose of the SHARP designation is to identify and acknowledge companies that model best practices in health and safety management. To be chosen for this honor, businesses must complete an extensive OSHA consultation and meet program requirements, after which the state may recommend a workplace for SHAPR certification.

OSHA sets the nationwide standard for safety in the workplace, promoting the health and safety of workers by providing training, building partnerships, and enforcing standards designed to minimize on the job injuries. The only other SHARP-certified company in Central Massachusetts in the Worcester-based printer LaVigne Inc.

Marlborough Recycler Gets Top OSHA Designation, Worcester Business Journal, December 3, 2008

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