Construction Accidents

March 30, 2016

Trench Collapse in Halifax Traps a Worker for Several Hours

A trench collapse that occurred Tuesday morning in Halifax is under investigation by OSHA. A 50-year-old landscaper with Evergreen Landscaping Company became trapped when the trench collapsed. Paul Brown of Plymouth, and several other workers, were inspecting a septic tank when the incident occurred. Paramedics and a rescue team, including the Halifax Fire Department, worked for several hours to free Brown from the trench. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Rescue Workers Provided Intravenous Fluids and a Heater to Prevent Hypothermia

According to firefighters, the rescue was especially difficult because they couldn’t use sophisticated equipment to free the victim. “It comes down to little army shovels and 5 gallon buckets. (We) can’t use big machinery because vibrations will cause more sand to collapse on top of the victim,” said Halifax Fire Chief Jason Vizeiros. While Brown was still trapped in the 8-foot deep trench, he couldn’t move his legs but he was able to speak with the rescue workers. In order to protect Brown from becoming hypothermic, paramedics administered intravenous fluids and provided a heater to keep him warm.

Once freed from the trench, Brown was taken by ambulance to the landing pad of a medical helicopter. He was immediately flown to Boston Medical Center, where he remains in good condition. The victim was lucky. Trench collapses often result in serious injuries and death. “They don’t always end this way, so it is definitely a happy ending,” said Duxubry Fire Department Chief Kevin Nord.

Trenching is a High-Risk Occupation

Trenching is actually one of the most dangerous jobs around. According to the U.S. Bureau of Labor Statistics (BLS), 271 workers died in trenching collapses between 2000 and 2006, and 488 trenching-related fatalities occurred between 1992 and 2000. Most trenching hazards are preventable and easy to recognize. It is the employer’s responsibility to promote safe work practices, and to provide a safe working environment, protective equipment, and adequate training.

OSHA Standards for Trenching Safety

When workers are exposed to danger from moving ground, trench walls must be guarded by a shoring system, ground slope, or equivalent means.

When ground material is soft or unstable, sides of trenches 5-feet deep or deeper must be shored, sloped, braced, sheeted, or supported by equivalent means.

Trenches adjacent to backfilled areas or prone to vibrations from highway traffic, railroads, or heavy-machine operation must be given additional bracing and shoring.

March 15, 2016

South Dennis MA Machinery Accident Under OSHA Investigation

by Altman & Altman

A work accident in South Dennis last week is currently under investigation by the Occupational Health and Safety Administration (OSHA). On March 7, a South Yarmouth man became trapped in machinery while on-the-job at Robert Childs Inc. Contact a Massachusetts Workers’ Compensation Lawyer Today.

William Santo, the 56-year-old worker, is now listed in good condition, said Peg Holda, a spokeswoman for the South Shore Hospital. Santo was working on a machine used for hauling dumpsters when he became trapped between two parts of the heavy equipment. According to Dennis police Sgt. Thomas Murray, a co-worker used another machine to free Santo. Immediately following the accident, firefighters rushed Santo to Cape Cod Hospital in Hyannis. He was quickly transferred to South Shore’s trauma center, where he was initially listed in fair condition.

Violations May Result in Fines and Citations for Robert Childs Inc.

In response to the incident, OSHA is conducting an inspection of Robert Childs Inc., said Ted Fitzgerald, regional public affairs director for the U.S. Department of Labor. During the inspection, OSHA will determine if workplace safety violations were a factor in last week’s accident. If OSHA uncovers violations, the findings may result in citations and fines for Robert Childs Inc. The company services, sells, and rents heavy machinery, primarily to construction and landscaping companies. They also have a parts division.

In a statement released last week, company president Charles Childs said, “We regret the unfortunate accident involving our employee. The proper authorities have been notified and the accident is under investigation. All safety measures have been assessed. We wish a speedy recovery to our valued longtime employee.”

OSHA Workplace Safety Standards

OSHA requires employers to follow certain guidelines and standards in an effort to maintain a safe working environment for employees. Here are a few examples of these requirements:

Provide a workplace reasonably free from hazards.
Inform employees of applicable health and safety standards.
Upon the start of employment and at least annually, inform employees of the location of their medical records.
Display the official OSHA ‘rights and responsibilities’ poster in a prominent place.
Create a hazard communication program that includes an employee training program.

This list is far from exhaustive, but it provides a guideline of the core standards set by OSHA. For example, providing a ‘workplace reasonably free from hazards’ includes keeping aisles and walkways free from clutter and debris, work areas well lit, and outside walkways free of snow and ice. However, any workplace danger that results in an accident or injury can fall under this category, even if not specifically mentioned. Continue reading

February 23, 2016

Massachusetts Construction Worker’s Death Last Year Was Preventable, OSHA Finds

by Altman & Altman

In August of 2015, a Massachusetts worker was killed when an aerial lift he was operating tipped over. Kevin Miranda was operating the lift when it tipped, ejecting him from the operator’s basket and throwing him 16 feet through the air. Following the accident, the US Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an investigation of Miranda’s employer, Skyline Contracting and Roofing Corp. of Taunton. Just this month, the administration determined that his death could have been prevented if Skyline had adhered to federal and industry safety standards. Contact a Massachusetts Workers’ Compensation Lawyer Today.

At the time of the accident, the aerial lift’s boom was extended to a height of 45 feet. OSHA inspectors noted several safety violations, including that the lift was placed on uneven ground and the lanyard on Miranda’s fall protection system was not attached to the lift. OSHA also concluded that Skyline had failed to train Miranda to recognize such a hazard, an important requirement of the agency’s standards. As such, Skyline was cited for one serious violation and two willful violations, totaling $102,900. The company must comply with the penalties and citations and meet with OSHA’s area director within 15 days from the receipt of the citations, or contest the findings within that time frame.

“This incident and the needless death that resulted were preventable. Kevin Miranda’s employer was well aware of the necessary safety requirements, yet disregarded them,” said OSHA’s area director for Boston and southeastern Massachusetts, Kenneth Shedden. “Safety standards exist for a good reason: to prevent incidents such as this, and the deaths and injuries that can result. Employers must know and adhere to all applicable standards. The lives and well-being of their employees depend on it.”

Falls Are Number One Cause of Construction-Related Fatalities

According to OSHA, falls are the top cause of fatalities in the construction industry. Fatal falls are often the result of unstable working surfaces, and / or failure to use appropriate fall protection equipment. Both were factors in Miranda’s death. If the lift had been placed on stable ground and Miranda’s fall protection system had been properly attached to the operator’s basket or boom, he might still be alive today. Continue reading

January 28, 2016

Top 5 Massachusetts Work Injuries and How to Avoid Them

by Altman & Altman

There’s no question that some jobs are more dangerous than others, but occupations that appear perfectly safe often have a higher percentage of injured employees. The top five workplace injuries can occur in almost any occupation, from factory jobs to desk jobs. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Overexertion

Overexertion, the number one cause of work-related injuries, is typically the result of ordinary tasks gone wrong. Lifting, pulling, or pushing an object improperly can throw a worker’s body seriously out of whack, even leading to permanent disability. The best way to avoid overexertion injuries is by approaching the aforementioned movements carefully, and by learning the right way to perform these tasks. For example, always lift heavy objects by keeping a wide base of support and squatting down, bending only at the knees and hips. Don’t twist your back as you lift the object. More importantly, keep yourself fit and don’t take on tasks that you are physically unable to do.

Same Level Falls

Same level falls are the second most common workplace injury. These include trip and slip injuries, and can happen anywhere. The condition of the floor is the most important factor to consider, therefore, it’s exceedingly important to report unsafe conditions in the workplace. Same level falls may result from:

Loose carpeting
Uneven flooring
Wet or waxed floors
Cords and cables on the floor
Floor transition areas
Clutter or debris in walkways
Poor lighting

Employees can lower their risk of same level falls by wearing appropriate footwear and keeping shoelaces tied. Business owners should ensure that flooring is safe, and that traffic patterns in the workplace are free of clutter.

Struck by an Object

Getting hit or struck by something is the third most common workplace injury. If you work in construction or another industry with falling debris, such as factory work, it’s crucial to wear a hard hat at all times. Correct storage of items on shelves, proper material stacking, and keeping the workplace free of clutter can reduce the likelihood of falling objects.

Falls to Lower Level

For most workers, falls to a lower level generally involve falling down stairwells or off ladders. For construction jobs and similar occupations, high-level falls can involve falling off scaffolding. Many of these falls result in serious injury or death.

To mitigate the risk of falling from high places, stairwells should have good lighting and handrails should be installed. The stairs themselves should have non-slippery surfaces. Obviously, objects should not be stored on the stairs, and workers should take special precautions when carrying items up and down stairs. Check ladders for safety and stability before use. Workers using scaffolding should always wear personal fall arrest protection. Proper, industry specific training is also essential to the safety of workers in any given field.

Other Exertion and Bodily Reaction

Similar to overexertion, other exertion and bodily reaction injuries usually occur in non-impact accidents. Basically, this means that the worker was not harmed by direct contact with another object. Instead, the injury results from the way a person’s body reacts to a particular stimulus. Situations that can cause “other exertion and bodily reaction” injuries include:

Repetitive motions
Excessive physical effort
Remaining in one position for a long period of time
Unnatural body position.

Your risk of these injuries depends on the nature of your work and your willingness to utilize appropriate safety precautions. Many jobs require repetitive motions, for example, but by taking advantage of work breaks and learning exercises to combat the effect of repetitive motions on your body, you can reduce your risk. Sitting at a computer all day can result in negative bodily reactions as well, so get up at least every hour and take a brief walk around the office. Stretching and moving around as much as possible is helpful in any occupation. It keeps the body warm and flexible, which helps to eliminate many types of injuries. Continue reading

January 15, 2016

Lawyers Iron Out Settlement to Reduce Work-Related Injuries and Fatalities Through Enhanced Training Programs

by Altman & Altman

The US Department of Labor and Mass Bay Electrical Corporation have reached a settlement agreement in a case involving the deaths of two Mass Bay employees in 2014. John Loughran and Joseph Boyd III were working on a platform that was raised on a crane when the crane toppled, killing both men. The MA electrical contractor was cited by the Occupational Safety and Health Administration (OSHA) for multiple violations, including improper employee training. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Beyond compensating the victims’ families for their losses, the settlement seeks to prevent future injuries and fatalities by implementing corrective action and setting up a training fund in memory of the victims. In addition to improper employee training, OSHA also cited Mass Bay for failing to adhere to the crane manufacturer’s safety procedures. “The deaths of Joseph Boyd III and John Loughran should never have occurred. Effective and ongoing training of employees and adherence to the clear safety requirements set forth by the equipment’s manufacturer are critical in preventing fatalities like these from happening again. This settlement requires Mass Bay Electrical Corp. to take stringent, detailed, continual and effective corrective action,” said the New England Regional administrator for OSHA, Kim Stille.

Settlement Establishes Scholarship Fund in Victims’ Names

The settlement provides court-enforced rules that Mass Bay must follow and establishes a scholarship fund for employee training. Both of these unique stipulations aim to prevent similar accidents from occurring in the future. Mass Bay is required to provide at least $3,000 in contributions to the scholarship fund, which will be set up in both victims’ names, every year for the next 10 years and $5,000 per year in the following decade. As both men were members of the Local 104 of the International Brotherhood of Electrical Workers, the fund will be administered with the IBEW’s cooperation.

Mass Bay Must Provide Extensive Training Programs to Employees

As part of the settlement, Mass Bay is also required to provide thorough training and certification programs to its employees, undergo regular safety audits, establish an in-house safety committee, and notify OSHA about any work utility projects. Due to Mass Bay’s failure to comply with regulations set forth by OSHA and the crane’s manufacturer, the electrical contractor will pay OSHA a penalty of $136,000. Continue reading

January 12, 2016

Explosion at North Andover Dow Chemical Plant Injures Five

by Altman & Altman

On Thursday afternoon, an explosion at the North Andover Dow Chemical facility injured five workers, four critically. State and federal officials are investigating the explosion, which took place in a chemical lab at the plant. As a precautionary measure, the state’s bomb squad will be detonating chemicals that may have injured the workers. In addition, the facility is being secured by emergency personnel to ensure that safety requirements are being followed. The official cause of the explosion is still unknown. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Four of the injured workers were hospitalized and one was treated at the scene for minor injuries. According to staff at Lawrence General Hospital, the critically injured workers are suffering from burns and shrapnel injuries. The burns appear to have been caused by a dangerous chemical called trimethylaluminum, a key component in LED lights, of which Dow is a manufacturer. More commonly known as trimethyl aluminum, the colorless liquid is highly flammable and reactive, and it is considered to be an explosion hazard.

No Atmospheric Release of Chemicals

January 6, 2016

Roofing Falls and Workers’ Compensation Benefits – What You Need to Know

by Altman & Altman

Falls from roofs are among the most common construction accidents in the industry. Unfortunately, they are often deadly. In order to reduce the risk of serious injury and death, it is essential that workers receive proper training and that employers provide a safe working environment at all times. Workers’ compensation can help cover medical expenses and lost wages when a worker is injured on-the-job. Contact a Massachusetts Workers’ Compensation Attorney Today.

Roofing Falls Among Most Dangerous Construction Accidents

According to OSHA, 100 American workers are killed in roofing falls every year. Most of these are construction workers. That is an average of 34 fatal roofing injuries for every 100,000 construction workers. Beyond those numbers, an additional 150,000 people are injured annually in roofing accidents that require emergency room visits.

Most Roofing Accidents Are Preventable

Roofing falls are typically the result of inadequate employee training, carelessness on the part of the employee or employer, or negligence. Manufacturers, third-party vendors, and employers may be found liable in a roofing accident, depending on the cause. A safety-harness manufacturer may be deemed negligent, for example, if the harness breaks, causing a worker to fall. Sometimes there seems to be a clear cause for the fall initially but upon further investigation other factors can be contributing factors for the accident. Hiring the right law firm who has access to the best experts is often critical to determining liability and maximizing damages.

Who is at Fault?

It is not uncommon for employers to claim that the accident was the injured worker’s fault. However, the right evidence and information can be used to prove otherwise. For example, were OSHA standards adhered to? Was the edge of the roof clearly marked with warning flags? Was a safety monitor on duty to warn workers when they near the edge? Was the worker tied off appropriately? If the worker fell through a hole, was the hole properly covered?

Beyond MA Workers’ Comp

Workers’ Compensation is typically available to workers who have been injured while performing on-the-job duties. However, these benefits are limited. If roofing injuries are due to third-party or employer neglect, the victim will likely be entitled to additional compensation.

Roofing Accident Causes

Roofing falls can occur for a variety of reasons, including flimsy materials, employer or third-party negligence, collapsing ladders or scaffolding, electrical shock, and explosions.

Employers Must Provide a Safe Working Environment

Employers must take proper measures to ensure the safety of their workers. These include providing necessary equipment and materials, such as safety harnesses, lifts, railings, flags, and other safety gear. The employer is also responsible for ensuring that all equipment is in good working order and that working conditions and equipment are routinely inspected.

Common Roofing Accident Injuries

Common injuries from roofing accidents include sprains and broken bones, brain injuries, spinal cord injuries, paralysis, and even death. Injuries sustained in roofing accidents can result in overwhelming medical expenses, lost wages, chronic pain, and emotional trauma. Continue reading

December 23, 2015

Construction Worker Crushed by Cinderblock Wall in Stoughton MA

by Altman & Altman

It’s been a bad month for construction accidents in the greater Boston area. Last week, a temporary construction barrier was blown over by high winds in Malden, pinning five people until witnesses were able to free them. Earlier this month, a worker was injured in the North End when the scaffolding he was standing on collapsed. Now this week, a 36-year-old worker was struck in the head when a portion of a 600-pound cinder block wall collapsed during a remodeling job. Contact a Boston Injury Lawyer Today.

The accident, which occurred around 7:40 a.m. on Tuesday morning, is under investigation by the Occupational Safety and Health Administration (OSHA). The victim, whose identity has not been released, was standing on a scissor lift platform approximately six to eight feet off the ground when a cinder block wall gave way, crushing him with heavy debris. According to Stoughton Fire Chief Doug Campbell, he was rushed to a Boston trauma hospital by medical helicopter. His condition is currently unknown.

Scissor Lift May Have Saved Worker’s Life

December 18, 2015

Excavation Collapse Kills Ludlow Worker, OSHA Hands Out Maximum Fine.

by Altman & Altman

Trenching and excavation are among the most dangerous construction-related operations in the country today. Employers and employees must be highly educated on everything from trenching safeguards to cave-in protection before engaging in this type of work. An incident in Massachusetts earlier this year serves as a grim reminder that employees cannot always rely on the employer to ensure the safety of their working environment. On July 31, 2015, Davide Nascimento was killed while installing a sewer line in an excavation. When a portion of the roadway above him collapsed, it broke a water main pipe. Water rapidly filled the excavation, trapping and drowning 28-year-old Nascimento. Contact a Massachusetts Workers’ Compensation Lawyer Today.

The inherent dangers of Trenching Work: The greatest risk to workers is the potential for cave-ins. They are the most common accident in this field and frequently result in fatalities. In fact, trench collapses are responsible for dozens of fatalities every year. Beyond cave-ins, other hazards include falls from high places, falling debris, hazardous or toxic atmospheres, and incidents with equipment.

Never enter an unprotected trench: Unless an excavation is made entirely in stable rock, trenches require a protective system if they are 5 feet deep or greater. If they are 20 feet deep or greater, the protective system must be designed by a professional engineer or based on a professional engineer’s tabulated data.

Know your protective systems: There are multiple protective systems, and the required system depends on the job you are doing. For example, a sloping system cuts the trench wall at an angle so that it slopes away from the excavation. A shoring system involves the installation of an aluminum hydraulic or similar support to prevent cave-ins from soil movement. A shielding system uses trench boxes or similar supports to protect workers from soil cave-ins. Designing these systems is extremely complex and requires the expertise of a registered professional engineer.

Always have a competent person: Standards set by the Occupational Health and Safety Administration (OSHA) require daily inspection of trenches by a ‘competent person.’ This is an individual with the ability to identify hazards or hazardous working conditions, including those that may be unsanitary or dangerous to workers. This individual is authorized to eliminate or control such hazards by taking prompt action to correct them.

Make sure you have safe access in and safe access out: In order to safely enter and exit an excavation, it is essential that all workers have access to ladders, ramps, steps, and any other means of exit. If these devices are not well maintained or located within 25 feet of workers, the consequences can be disastrous. Continue reading

December 16, 2015

Winter Safety for Massachusetts Construction Workers

by Altman & Altman

Construction work slows in Massachusetts, but does not come to a stop. In major cities like Boston, many construction workers are on-the-job year round. Considering that construction is already one of the most dangerous occupations, adding the hazards of winter weather can dramatically increase the risks. In Massachusetts, snow, ice, extreme cold can lead to disaster if workers and employers don’t follow safety protocol. Taking proper precautions can significantly reduce the risk of serious injury and death. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Winter Building and Construction Safety Tips

The Occupational Health and Safety website offers the following “winterizing” safety tips for all types of building and construction jobs.

Avoid fire hazards: Wooden ladders should be replaced with non-combustible ladders. Make sure to store materials away from open flames at all times. Temporary heating devices should comply with local fire codes.

Protect pipes: For starters, do not attempt to thaw frozen pipes with an open flame. Not only can this cause fires, it can also result in a steam explosion. To thaw frozen pipes, use a heat lamp, space heater, or heat gun only. Ensure that any worker using these devices is properly trained to do so.

Protect water tanks: Roof water tanks should be regularly checked to ensure that they do not freeze.

Remove debris: Debris always poses a risk in work environments, but this is especially true for winter construction. Ice and snow on rooftops and overhangs should be cleared regularly to prevent falling to street level. Heavy snow can also hide dangerous materials that could fall to a lower level or cause a worker to trip.

Make sure that equipment and temporary structures are stable and secure: All construction materials, including ladders, netting, and accessories, can shift in inclement weather. Small items can be stored in a toolbox or other container. Large equipment and temporary structures, such as scaffolding, fencing, and sidewalk sheds, should be secured as well.

Avoid working in icy conditions: Regardless of how important or time-sensitive the job is, working on scaffolding in snow and ice is never a good idea. Unless you are trying to remedy a hazardous situation, stay off scaffolding in snow and ice. The same is true during storms and high winds.

Avoid using hoists in inclement weather: During heavy rain, ice, snow, and high winds, do not use hoists. In addition, if a hoist has been exposed to winds of 35 mph or more, it should be inspected before future use.

Inspect cranes for use in inclement weather: To keep cranes functioning safely, they must be properly stored, maintained, and inspected on a regular basis. Check for water and ice accumulation on the crane, which can result in a slip and fall or a falling ice hazard. Continue reading