Articles Posted in Workplace Safety

In Massachusetts and across the United States, ensuring workplace safety is a major responsibility for employers. Workplace injuries can have devastating consequences for employees, ranging from physical harm to financial strain. As such, employers are legally obligated to create and maintain a safe working environment, adhering to both federal regulations and state-specific laws. Understanding these responsibilities is important for both employers and employees alike.

Consider a construction site where workers are required to wear protective gear such as hard hats and harnesses. The employer’s responsibility extends beyond merely providing this equipment; they must enforce its use and regularly inspect it for defects. Similarly, in an office setting, employers must ensure ergonomic workstations to prevent repetitive strain injuries. Read on for more information about employer responsibilities and how Altman & Altman, LLP can help if you’ve been injured at work.

National Employer Responsibilities

As the legal cannabis industry continues to grow, so have concerns about workplace safety and health. Tragically, a work-related asthma death in the cannabis industry has brought attention to the potential respiratory hazards that workers may face.

According to the Massachusetts Department of Public Health (DPH) and the Occupational Safety and Health Administration (OSHA), the first known work-related asthma death in the cannabis industry occurred in Massachusetts last year.

In January 2022, a 27-year-old woman died from an asthma attack while working as a production technician in a MA cannabis cultivation and processing facility. She had been working for the facility for seven months and had spent three of those months processing and handling cannabis flower buds. Although this tragedy is the only reported asthma-related death in the cannabis industry to date, several cases of non-fatal respiratory disease among MA cannabis workers have also been reported.

Although construction and other labor-intensive jobs have an especially high incidence of work-related accidents, injuries occur in every type of job. In Massachusetts, employees across all industries, from healthcare and education to manufacturing and technology, are typically protected by workers’ compensation insurance.

Coverage is Almost Universal

Workers’ compensation is a system designed to provide compensation for employees who suffer work-related injuries or illnesses. The beauty of this program is that it covers almost all workers in the state, whether you’re employed full-time, part-time, or seasonally. Even employees in small businesses and nonprofits are typically entitled to workers’ compensation benefits.

While anyone can get hurt on the job, certain professions are significantly more hazardous than others. According to the Bureau of Labor Statistics (BLS), a total of 5,190 fatal work injuries occurred across industries and regions in the United States in 2021. The following jobs represent the 10 civilian occupations with the highest fatal work injury rates (out of 100,000 full-time equivalent workers).

Logging Workers

With a staggering fatal injury rate of 82 per 100,000, logging workers have the most dangerous job in America. Loggers tend to work on isolated sites with variable weather conditions, where they face falling debris and contact with heavy machinery. In fact, loggers died at a rate almost 23 times greater than the average across all professions in 2021 (3.6 out of 100,000).

The Occupational Safety and Health Administration (OSHA) inspects tens of thousands of worksites a year. While typically under half of those inspections (44% in 2022) are programmed to target hazardous industries and operations, the rest result from specific events like employee complaints, injuries, fatalities, and referrals.

Any safety violations encountered during an OSHA visit can result in a citation, which typically comes with a fine. In January of 2023, OSHA increased its maximum civil penalty from $14,502 to $15,625 per violation. For repeated or willful violations, the maximum fine increased from $145,027 to $156,259 per violation.

Employers With the Most Costly OSHA Violations in Q2

Falls are a leading cause of workplace fatalities and serious injuries across industries in the US. In 2021, 850 workers died from accidents involving slips, trips, and falls, with 680 dying specifically from falls to lower elevations. In addition to being one of the most significant causes of workplace deaths, according to the Occupational Safety and Health Administration (OSHA), falls are also one of the most preventable.

As a result, OSHA recently announced a new National Emphasis Program (NEP) to reduce or eliminate injuries and fatalities associated with falls. NEPs are special temporary programs that target particular hazards or hazardous industries. To accomplish its fall prevention goals, OSHA will use a combination of enforcement, employer outreach, and compliance assistance.

Which Industries Will OSHA Target?

Designed to promote employee health and safety, OSHA standards aim to reduce injuries from foreseeable hazards in the workplace. OSHA (Occupational Safety and Health Administration) regulations govern over 130 million workers at 8 million worksites across the United States. While covered employers should always follow OSHA standards, inspections happen only occasionally, such as when a severe injury occurs, someone files a complaint, or a work site has high rates of injury or is part of a high-hazard industry.

Most Common Massachusetts Workplace OSHA Violations of 2021

Each year, the federal agency publishes a list of the 10 most frequently cited OSHA standards following inspections. According to OSHA, far too many preventable workplace injuries, illnesses, and deaths are related to these top 10 standards.

The Injury Machine? Workplace Accidents at Amazon Warehouses

Amazon is the largest online retailer in the world and the second-largest employer in the country. Unfortunately, it also leads the field in a less favorable category: warehouse injuries.

Amazon workers suffer serious injuries at over twice the rate of other warehouse employees, according to a report by the Strategic Organizing Center (SOC). While Amazon employs one-third of all the warehouse workers in the U.S., it is responsible for nearly half of all warehouse injuries.

Hearing loss can be detrimental to a person’s quality of life. According to the Occupational Safety and Health Administration (OSHA), around 30 million people are exposed to chemicals dangerous to their ears at work and another 22 million are exposed to dangerous levels of noise. When workers are exposed over a long period of time this can result in permanent hearing damage and tinnitus. OSHA limits exposure to loud noises in the workplace to curb its negative effects. Workers should be exposed to noise levels above 85 decibels for no more than eight hours. They should also use protective devices in their ears to curb any hearing damage at this noise level. The cost of an injury you endure while trying to get your job done should not fall on you. If you experience hearing loss or tinnitus that you believe is related to hazardous noise levels at work, you may be entitled to compensation.

Who is at risk?

As humans, we are all vulnerable to hearing loss in loud environments. Some professions carry greater risks than others.

Two common cleaning solutions – both safe when used individually – created a toxic cloud of fumes when unknowingly combined by an employee, which claimed the life of the general manager of the Buffalo Wild Wings restaurant in Burlington, Massachusetts and injured about a dozen others. In cases such as this, where you may have been wrongfully injured or a loved one wrongfully killed, attorneys from Altman & Altman LLP in Cambridge can help if you wish to pursue legal action.

How did this tragedy occur?

This sad incident, which occurred on Nov. 7, is a reminder that even otherwise relatively safe household chemicals can become deadly without proper knowledge or care in their use. The worker who cleaned the floors used a common solution called Super 8, which is a bleach-based cleaner that contains sodium hypochlorite. What the employee didn’t know is that another separate employee had spilled an acid-based cleaner called Scale Kleen on the same floor a little while earlier.

The two chemicals combined and created a substance (chlorine gas) that “turned green and started to bubble,” according to what Burlington Fire Chief Michael Patterson told the media following the incident. This substance produced a gas that caused the worker to suffer a burning sensation in their eyes and difficulty breathing.

It was then that the general manager, now identified as 32-year-old Ryan Baldera, attempted to use a floor squeegee to clean up the toxic mixture, but was quickly overtaken by the fumes and later died at a hospital. A GoFundMe page set up to help his family has since raised over $125,000 as the family has not wished to pursue any legal action against anyone for the incident at this time.

To put the science simply, mixing anything with a bleach-based product is a bad idea, and can often result in the creation of deadly chlorine gas – which is a gas so potently deadly that it was often utilized in World War 1 and later banned by the Geneva Protocol for being horrendously inhumane, but has still been utilized by modern dictators to purge large numbers of political and ethnic enemies.

Possible legal ramifications

The family of the killed general manager may still wish to pursue a wrongful death claim, although it would take some investigating to figure out who may be at fault for the death. It could be the fault of the employee who spilled the Scale Kleen, or the employee who then used the Super 8 cleaner, or it could be the fault of Buffalo Wild Wings for failing to adequately train employees in how these two readily available cleaners could potentially cause a fatal reaction if they were ever mixed.

The incident is still under investigation by the Occupational Safety and Health Administration (OSHA), as well as law enforcement officials, so it may come to pass that other factors contributed to the young man’s death. What is known for sure is that the workers who were tasked with cleaning the floors on the day of the incident were either unaware of the reaction caused by mixing bleach and acid, or they failed to properly communicate with one another about the chemical spill that had occurred prior to the regular use of the Super 8 cleaner.

Managers of restaurants are supposed to go through adequate ServSafe training in Massachusetts, which includes a portion on handling cleaning chemicals. If this training were not offered or not adequately carried out, the family of the victim and those who were injured as a result may have grounds for legal action. Continue reading

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