Construction Accidents

September 20, 2016

Temporary Workers Must be Adequately Trained in Massachusetts Workplace

The workplace is where millions of Americans earn their livings and is the backbone of American society. Unfortunately, many careers and employers subject their workers to dangerous environments, techniques and tools in order to get the job done.

It can be something as simple yet tragic as a fall from a high platform during the construction of a new office building, or something more complex like tinnitus caused by inadequate or deficient ear protection. Regardless of the injury or severity, as a worker, you have rights.

One of those rights is workers’ compensation, the right to continue earning money despite being unable to perform your work duties. Employees and their loved ones have the right to workman’s compensation for injuries sustained while on the job that cause death, partial or total disability, and disfigurement or loss of function (such as permanent scars). In Massachusetts, workers are entitled to 60% of their weekly wage in disability payments. In addition to providing proper compensation for workers injured while on the job, employers – big or small – are required to implement a safe working environment and provide adequate safety protocols when performing dangerous work is unavoidable. Overseen and enforced by the Occupational Safety and Health Administration (OSHA), a branch of the U.S. Department of Labor, these strictly-enforced regulations help ensure that employers keep the safety of their employees paramount.

A recent example of negligence leading to a serious work injury happened on Jan 6th, 2016 in Cambridge, Massachusetts. A temporary worker was hired through Snelling Staffing Services and placed in employment at the Cambridge Brands Inc. candy factory, which is a subsidiary of Tootsie Roll Industries Inc. The worker had a piece of his left index finger amputated by a candy-wrapping machine.

An investigation by OSHA revealed that: (1) Neither the staffing agency nor Cambridge Brands properly trained the worker with the machinery; (2) That the moving parts of the machine were not properly equipped with safety precautions; (3) That Cambridge Brands did not perform regular inspections to ensure the machine would not run unintentionally and; (4) That Cambridge Brands did not report the amputation within 24 hours of its occurrence, as is now required by OSHA for all hospitalizations and amputations.

As a result, Cambridge Brands was fined $46,000 and Snelling Staffing Services was fined $9,000. Tootsie Roll Industries Inc. was cited for similar violations in 2010 and 2014 in its Chicago location, according to OSHA.

It should be known that any worker asked to perform a duty that can be reasonably, in good faith, seen as overly hazardous maintains the right to refuse that work. In such a situation, employees should alert their employers of their concern and either ask for different work or ask that the hazards be adequately corrected. If the hazard is not corrected or the employer threatens retaliatory action for not performing the work, the employer should contact OSHA immediately. The worker would also have the right to legal representation. After all, utilizing OSHA to ensure an employer takes responsibility for their negligence is only one part of the story. For somebody injured while on the job, it is essential that they are able to pay their bills and continue to support their loved ones while being unable to work. Continue reading

September 13, 2016

Cyber Monitoring at Construction Sites can Provide ‘Real Time’ Safety Alerts.

by Altman & Altman

According to recent research by Penn State’s Department of Architectural Engineering, using Cyber-Physical Systems (CPS) will improve construction site safety by observing and evaluating the safety of temporary structures found on construction sites. Defined by the National Science Foundation, CPS are “engineered systems that are built from, and depend on, the seamless integration of computational algorithms and physical components.” CPS are predicted to facilitate improvements in capability, adaptability, scalability, resiliency, safety, security and usability in embedded systems, as well as be a spearhead in persistent advancement and competition in the agriculture, energy, transportation, building design, healthcare and manufacturing industries.

CPS has already been implemented in a few of these aforementioned industries, including manufacturing, transportation and healthcare. The construction industry will be the next area in which CPS will be utilized. Xiao Yuan, an architectural engineering Ph.D. candidate, performed a study, which examines connecting sensors on structures and virtual models to improve the safety of the majority of construction workers who work on these temporary structures. Over 75 percent of constructions workers can be found on such structures, which often include sheeting and shoring, temporary bracing or guide rails, soil backfill, formwork systems, scaffolding, the underpinning of foundations, etc. The inappropriate construction and supervision of such temporary structures is one of the major safety hazards employers and employees, alike, are concerned with today. According to OSHA’s 2014 report, 899 of the 4,386 worker fatalities in private industry, 20.5 percent, were related to the construction industry. The most frequent kind of accident was falls on job sites. OSHA also reported that of its top ten most commonly cited violations in 2015, construction fall protection and scaffolding general construction requirements were placed first and third, respectively.

OSHA has required safety training programs and practices, as well as design, installation, maintenance and dismantling regulations that are designed to decrease the occurrence of such violations. However, additional steps also need to be taken, ergo CPS. Specifically, Yuan’s research studies how CPS can foster safer construction and avoid failures of temporary structures by utilizing “virtual prototyping, data acquisition systems and communication networks.” Yuan compiled her research for use of a mobile application, which provides immediate feedback about construction sites. “Once there is a problem, our virtual model will know,” Yuan said. “It’s just like when we feel something if it hurts—the virtual model will feel if there is a problem.” The app can perform real-time inspections, remote interaction, and forewarn possible structural failures while instantly notifying workers. Continue reading

July 13, 2016

Wall Collapse in Quincy – A Reminder Of The Constant Dangers At Construction Sites

by Altman & Altman

Yesterday afternoon, a wall collapsed at the former Wollaston Theatre in Quincy, trapping two workers under the debris. The two workers were employees of Jamie McGuinness & Sons working on a demolition when the wall collapsed. One worker, 40-years-old, was on a cherry picker and jumped down landing on the rocks below while the other worker, 38-years-old, was already on the ground and was then buried by debris for at least 15 minutes. Quincy Fire Deputy Chief Jack Cadegan made a statement saying he “found the gentleman under three to four feet of bricks and [he] had a steel beam across his chest. The steel beam may have actually protected him somewhat.” Both men were transported to Boston Medical Center with serious injuries but they are expected to recover.

Accidents like this occur somewhat commonly at construction sites due to the various hazards present. The common accidents that occur at these sites include electrocutions, falls, equipment failure, and collapses of unsupported excavations. Too often, injuries and deaths by such methods are preventable. Unfortunately, construction workplace accidents tend to be caused by the sheer ignorance or negligence of construction workers or site developers. One of the more common causes of injuries is structural collapse, most often when buildings or bridges are being erected or demolished. Structural collapse during construction can be caused by excessive construction loading, improper sequencing, temporary material or system weaknesses, and temporary instabilities. There are several warning signs that may indicate potential structural collapse that construction workers should be vigilant of. These signs include: age of the building; cracks or bulges in walls; ability of water or smoke to push through walls that should have solid masonry; and sagging floors and roofs. Construction workers should be aware of these warning signs as well as take addition safety precautions. Most frequently, structural collapses occur in trenching, long and narrow ditches in the ground. These collapses cause dozens of fatalities and hundreds of injuries annually. Construction deaths as a result of trench collapses rose considerably in 2003. OSHA provides some specific safety precautions to consider while working with trenches, including the following: Continue reading

July 11, 2016

35% Spike in Work Zone Crashes Has MA State Police on Alert

by Altman & Altman

According to the Boston Herald, almost 900 drivers crashed into work zones on Massachusetts highways and roadways last year. This 35 percent spike has state police concerned. In response, law enforcement is increasing patrol efforts during summer months when deadly work zone wrecks are at their highest.

The Herald report was released following three work zone accidents that occurred over just four days. Each of the three accidents allegedly involved a drunk driver. “I can’t remember a span like this or a bunch like these,” said state police  Superintendent Col. Richard  McKeon. “It seems like it’s concentrated. It’s obviously come to our attention,” McKeon continued. “We’re going to be out there with enhanced visibility … and we’re going to be looking for any intoxicated drivers.”

In 2015, state police recorded 860 work zone crashes, up from 639 in 2014. So far in 2016, this number is 325, and that doesn’t factor in the majority of the summer season when accidents are at their peak. In addition, a total of 529 work-zone citations were issued last year for reckless driving, compared to just about 370 the year before. This is a staggering increase in a very short period.

Texting and Distracted Driving Likely Play a Role in Crash Increase

According to MassDOT officials, the increase in accidents is not due to an increase in construction projects and road work. Approximately 125 work crews are stationed on Massachusetts roads every day, a number which has remained relatively unchanged in the past few years. Thomas P. Lacek, a crash expert from Pennsylvania, says distracted drivers and sudden lane restrictions are major contributors to work zone crashes. “Lane restrictions are a hassle. You are impeding traffic flow,” Lacek remarked. “What you need to do is give drivers plenty of warning. If they’re still not slowing down, you need to jack up enforcement.

“The problem is not just the lanes going down from three to one, but also people texting, fixing their makeup and reading the paper,” he continued.

Work Detail Cops Save Lives

Lack of supervision may also be to blame. In the Bay State’s recent string of work zone crashes, Thomas O’Day, a father of six, was killed at an Interstate 93 job site. In an eerily foreboding Facebook post from earlier that day, O’Day wrote, “No detail cop’s…awesome.” He added that it was “insane out here (on) 93.” Continue reading

June 23, 2016

Most Dangerous Jobs in America

by Altman & Altman

According to the Occupational Safety and Health Administration (OSHA), 4,821 workers were killed due to work-related accidents and illnesses in 2014. That is the equivalent to 13 deaths per day. Latino and Hispanic workers accounted for a disproportionately large number of those fatalities, with 804 on-the-job deaths. It is common knowledge that construction jobs are among the most dangerous in the country. But what other occupations carry a risk of serious injury and death? Contact a Massachusetts Workers’ Compensation Lawyer Today.

The “Fatal Four” of Construction Jobs

About one-fifth of all worker deaths occur in the construction industry. Within these occupations, the top causes of death are falls, electrocution, being struck by an object, and getting caught in or between an object, in that order. These four types of construction-related fatalities are ominously known as the “Fatal Four”. With so much construction in Boston and throughout Massachusetts it the number of work related accidents is higher here than in many other states.

Beyond Construction

Although construction workers account for the largest portion of on-the-job fatalities, other industries are actually more dangerous. Fishing and logging, for example, are associated with an extraordinarily high rate of death. .

Deadliest Occupations

Below is a list of the most dangerous occupations, in order of their risk of death.

Logging
Mining
Iron and Steel Workers
Roofers
Garbage Collectors
Farmers
Ranchers
Truck Drivers
Construction Laborers
Police Officers

Logging is particularly dangerous because it involves spending long days outside, sometimes in extreme weather, working with heavy machinery and falling trees, often at high altitudes. More than half of all logging injuries are the result of being struck by an object. Along with logging, many other jobs on the dangerous list, including mining, farming, and working with steel and iron, share many risks associated with construction – long hours spent outdoors, and working in close proximity with heavy machinery.

Law enforcement occupations and airline pilots also carry a higher-than-average risk of fatality, but not because of heavy machinery. Police officers have an increased risk of injury due to violent acts. Transportation accidents, including crashes, are a leading cause of fatality for airline pilots. The risk of being seriously injured or killed in a work-related accident is decreased dramatically by taking proper precautions before reporting to work every day. Employers have a duty to provide a safe working environment, appropriate safety gear and tools, and adequate training. Continue reading

June 21, 2016

Scaffolding Accidents Remain a Constant Danger in the Workplace

by Altman & Altman

Two weeks ago, a construction worker working at the Hartford Hospital site in Hartford, Connecticut fell three stories, a total of more than 60 feet, when the scaffolding he was working on collapsed. Federal Occupational Safety and Health Administration officials says that the worker, a 47 year old employee of Total Wall Systems Inc., was on a “rolling scaffold” when it fell off a building on site around 10:45 AM. A scaffold is a temporary structure used during construction or maintenance to provide workers with support. Rolling scaffolds are different in that they have wheels that give them mobility. The worker was unconscious after the fall. Another construction work on scene, Bruce Frosolone, stated that the collapse made a loud noise that resembled the sound of debris being thrown in a dumpster. He was unaware that anyone was injured until medics began to show up.

This kind of accident is all too common for construction workers in Massachusetts and throughout New England. The Occupational Health & Safety Administration (OSHA) reports that there are almost 2.3 million construction workers in the United States with about 65 percent of these workers working on scaffolding. This means that 1.5 million construction workers are on scaffolding every year. Figures show that on average there are 60 deaths and more than 4,500 injuries that are sustained while working on scaffolding annually. These accidents are almost always avoidable. There are many safety regulations in place that instruct contractors and management in ways to prevent tragic injuries. According to a recent Bureau of Labor Statistics report, 72 percent of workers injured in scaffold accidents attributed the accident to the planking or support giving way, to the employee slipping, or to the employee being struck by a falling object. With compliance to OSHA standards, many of these accidents can be avoided.

According to the National Institute for Occupational Safety and Health (NIOSH), falls are a leading cause of traumatic death on the job as a result of “improper installation or operation of scaffold equipment, defective scaffold equipment, insufficient worker safety training, and failure to provide or use personal fall protection equipment.” OSHA emphasizes the necessity that workers are informed of the hazards of their job and learn prevention measures. OSHA also has strict regulations that are in place to help prevent serious injury and death from occurring. There are important personal safety precautions to take as well. These include: Continue reading

June 7, 2016

Massachusetts Workplace Accidents Caused by Faulty Anchor Bolts

by Altman & Altman

Cases of faulty anchor bolts and concrete collapses are not unheard of. These materials are used in almost every Massachusetts building, tunnel, bridge, and piece of infrastructure because they can be so secure and durable. However, if improperly constructed, malfunctions can occur that can cause serious injuries or fatalities. Common causes of anchor bolt failures leading to concrete collapses are improperly securing the bolts due to poor training, insufficient supervision of workers, or plain negligence. It is not uncommon for construction workers to skimp on protocol in order to save time and money. Although workers may not realize the amount of damage that can be caused by taking short cuts, lives have been lost due to this kind of carelessness.

Anchor bolt failures can occur during or after construction. Serious injuries can result from these failures such as bleeding, head/back/neck/spinal cord injury, amputation, paralysis, and death. To ensure these injuries are minimized, it is important to adhere to the Occupational Safety and Health Administration guidelines when working with anchor bolts to secure pieces of concrete. Such guidelines include “All columns shall be anchored by a minimum of four anchor rods (anchor bolts)” and “Prior to the erection of a column, the controlling contractor shall provide written notification to the steel erector if there has been any repair, replacement or modification of the anchor rods of that column”. These and other requirements implemented by OSHA are put in place in order to ensure anchor bolts are correctly installed and maintained. Bolts that have been repaired, replaced, or field-modified improperly have been responsible for collapses of concrete slabs and consequent injuries and deaths.

Therefore, proper maintenance of anchor bolts is also crucial to protect the longevity of the components and the safety of bystanders. There are a few types of evaluation procedures to test the integrity of the anchor bolts, both non-destructive testing and semi-destructive testing. The three main techniques typically used are 1) Acoustic impact, in which the bolt is struck by a hammer and the tone determines its condition, 2) Ultrasonic metal flaw detection, essentially passing a mechanical stress wave over the bolt and the way the wave is reflected or transmitted determines the condition of the bolt, and 3) Excavation and discovery, which bolts are cleaned of corrosion and an instrument called a vernier caliper is used to determine the diameter of the bolt. Once these tests have been performed, there are several sub sequential steps that need to be taken. The condition of the anchor bolt determines the next course of action. Possible options following anchor bolt integrity tests include, leaving the bolt alone (if it is in good condition), repairing existing bolts, relocating bolts, or complete anchor bolt extraction and reinstallation. Continue reading

May 9, 2016

63 Massachusetts Workers Lost Their Lives On-the-Job in 2015

by Altman & Altman

In April, events across Massachusetts paid tribute to the 63 MA workers killed on-the-job in 2015. In addition to honoring the victims and their families, ‘Workers’ Memorial Day’ also served to highlight worker safety in general. According to Jeff Newton, membership and communications coordinator for the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), “Sixty-three workers in the State of Massachusetts lost their lives to dangerous jobs last year.” Newton went on to say, “One thing we want to make the public aware of is that dangerous jobs are still claiming far too many workers in the state.” Contact a Massachusetts Workers’ Compensation Lawyer Today.

Dying for Work in Massachusetts

MassCOSH recently released a report titled “Dying for Work in Massachusetts” that calls attention to the problems surrounding worker safety. The report details the ways in which workers were killed, and it addresses increasing safety concerns for immigrant workers specifically. According to the report, immigrant workers have a significantly higher risk of being fatally injured in a work-related accident.

Workers’ Memorial Day

Every April, Workers’ Memorial Day celebrates the creation of the Occupational Safety and Health Act of 1970. At the main event at the State House in Boston, and supporting events in Springfield and Northampton, speakers educate and inform the public about workplace safety. “And what we will be doing is reading the names of the workers killed aloud, and we will be having labor leaders speak as well as having family members who lost a loved one speak as to why workplace safety needs to be a higher public priority,” Newton said.

20% of Nationwide Worker Deaths are Construction Related

More than 4,600 workers were killed in work-related accidents in 2014, according to the Occupational Safety and Health Administration (OSHA). Of those deaths, about 20% occurred in the construction industry, one of the most dangerous industries in the country. Although construction jobs are inherently dangerous, the risk of serious injury and death can be dramatically reduced when employers follow safety precautions, provide adequate training and supervision to workers, and perform routine maintenance and inspections on all equipment. In addition, workers should always be provided with proper safety gear, such as harnesses, safety goggles, hard hats, and any other equipment necessary for the specific job. Continue reading

April 6, 2016

Tewksbury Worksite Explosion Sends One Man to the Hospital

by Altman & Altman

A man was taken to a local hospital with non-life threatening injuries on Monday morning, following a small explosion at a Tewksbury work site. The Tewksbury Fire and Police departments responded immediately. According to the Tewksbury Fire Marshall, the explosion resulted from a fire in a box truck that contained two power washing units. Contact a Massachusetts Workers’ Compensation Lawyer Today.

The incident, which occurred around 8:30 a.m., was heard by parishioners in the nearby Church of St. William. According to St. William’s Rev. Dwight Hoeberechts, the distant explosion sounded like a “little loud boom.”

“It got my attention, it got all of our attentions that something happened,” Hoeberechts said, “One person thought it was a door that just slammed in the church, but I said it was more than just a door slamming.”

April 5, 2016

Fatal Construction Accidents in Massachusetts are on the Rise

by Altman & Altman

In a 2015 study conducted by the U.S. Bureau of Labor Statistics (BLS), construction-related fatalities increased nearly six percent in 2014 compared to the previous year. In fact, at 874 reported deaths, 2014 had the highest total since 2008. Many of these fatalities occur in major cities, such as Boston and New York, due to the nature of building projects in these areas. Skyscrapers are being erected at staggering rates, and the heavy machinery and extreme heights inherent to these projects come with great risk. Contact a Massachusetts Workers’ Compensation Lawyer Today.

According to the BLS, Nearly One-Fifth of Workplace Fatalities Involve Construction Workers

Construction has long held the title of most dangerous occupation, but certain aspects of construction work are riskier than others. Excavating, for example, is one of the more dangerous types of construction due to the risk of ground collapse. Roofing and other high-elevation work always comes with a risk of falling, the most common cause of construction-related fatalities.