Articles Posted in Workplace Safety

Asbestos has been linked to deadly forms of cancer for decades – this isn’t news. Here’s what’s shocking – about 1.3 million Americans are still working in an environment with significant asbestos exposure every day.  It’s happening here in Massachusetts and all over the country.  What is going on? Why are so many workers still involuntarily exposed to such a deadly substance?  Asbestos has been used in building for decades, due to its durability and flame-resistant properties. As a naturally-occurring material, asbestos particles are inhaled in trace quantities by all of us, every day. It’s when we breathe in significant levels of this harmful substance that serious health conditions can develop. Short-term problems include coughing and shortness of breath. However, long-term exposure can lead to more serious complications, including a highly-deadly form of cancer called mesothelioma. Classified as a carcinogen, asbestos has been linked to everything from colorectal cancer to lung cancer.

1.3 Million U.S. Workers Exposed to Asbestos Daily

In addition to the 1.3 million who are currently exposed to significant levels of asbestos every day, there are millions of older people who spent decades working with and around asbestos before we fully understood the associated dangers. Because conditions such as mesothelioma can take up to 30 years to become apparent, workers are being diagnosed with asbestos-related diseases and conditions today that they first acquired decades ago. This is of special concern for older workers. Who do they sue for damages if the employer responsible for their asbestos exposure has been out of business for decades? Fortunately, there is some good news – asbestos trusts exist to compensate these victims.

Occupations with Highest Risk of Asbestos Exposure

Despite the known dangers, asbestos exposure is still quite common in many occupations. Which occupations pose the greatest risk? Although many companies take proper safety measures to mitigate the risk of asbestos exposure, the occupations below traditionally have the highest risk of exposure, even today.

  • Construction
  • Mining
  • Paper mills
  • Shipbuilding
  • HVAC jobs
  • Auto repair
  • Roofing
  • Manufacturing of products that contain asbestos
  • Janitorial jobs

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Considering the possibility of perishing inside the subzero conditions of a walk-in freezer may be the last thing anybody ever considers, until they’re inside one, alone, and the safety latch that has always worked in the past is not working.  While certainly not a common occurrence, people do die from walk-in freezer accidents. Usually, they are alone and unable to summon help when a safety mechanism fails, trapping them inside the unforgiving cold with no way of getting anybody’s attention and nobody coming to help them until the place of business opens the following morning.

The conditions inside a walk-in freezer are obviously dangerous, but for more reasons than just the cold. Some freezer units utilize dry ice, which gives off carbon dioxide. If the exposure lasts long enough, breathing in too much carbon dioxide can be fatal. It is always possible, though, for a slow and torturous freezing death to occur.

How can this happen in today’s safety-conscious society?

The most recent walk-in freezer incident occurred in March of 2016, when a 61-year-old employee of a hotel in Atlanta found herself trapped and unable to get anyone’s attention. She was found frozen solid the next morning.  Since this tragedy is such an inconsistent and rare occurrence, there is no serious dialogue about how to better prevent these events. The Occupational Safety and Health Administration (OSHA) does mention two standards on the subject:

  • Provide a panic bar or other means of exit inside the freezer in the event that an employee is inadvertently trapped.
  • Always have an accessible exit from a walk-in freezer besides the main door.

Despite these common sense measures, accidents and malfunctions happen. Safety latches can fail and notification systems such as bells, electronic alarms and closed-circuit telephones can go unheard. More comprehensive safety systems might cost a lot of money, so smaller businesses won’t shell out the money to protect against such an unlikely event.

The best way to protect yourself, if you are an employee that must spend time in a walk-in freezer, is to always let somebody know when you’re going to be inside of one, and have them check up on you with a text message or phone call when you’re supposed to be clocked out of work. Alternatively, if cell service isn’t an issue, always keep your phone on you when going into a freezer, so you may call somebody for help. Continue reading

Last week, an accidental chemical spill released toxic gases at a food and beverage manufacturer based in Kansas. The mixture of sulfuric acid and sodium hypochlorite sent more than 100 people to the hospital. Fortunately, none of the injuries were life-threatening. However, two workers were hospitalized due to their injuries.

MGP Ingredients, the manufacturing company responsible for the spill, immediately reported the accident to the EPA. So far, the manufacturer has been cooperating with the investigation and is taking additional precautions by hiring experts to assess their current situation.  MGP’s cooperation does not, however, absolve them from any wrongdoing. In this particular case, many workers were harmed. Those workers may have potential claims and lawsuits against MGP. The extent of those claims will vary widely, based on severity of injuries, time off work, and emotional distress.

Symptoms of Toxic Gas Exposure

Exposure to toxic gases is a common hazard in manufacturing plants. Although most incidents are not fatal, exposure to certain toxins can be deadly. When the air we breathe is compromised by the release of dangerous chemicals, health problems can be immediately present, or they can develop over long periods of time. Individuals with pre-existing respiratory conditions, such as asthma or COPD will likely experience more severe symptoms. Common symptoms of exposure to toxic chemicals include:

  • Trouble breathing, shortness of breath
  • Dizziness, light-headedness, or faintness
  • Sudden headache, or prolonged headache that won’t go away
  • Nausea and vomiting

Of course, all of the above symptoms can be mild or severe, and they can all be related to something other than exposure to toxic chemicals. If, however, you work in a manufacturing or chemical plant and you develop any of these symptoms, seek medical attention immediately. More serious complications from chemical spills include blindness, burns, corneal scarring, cancer, organ failure, neurological disorders, respiratory disorders, and death. If you’ve been harmed on-the-job, contact a Massachusetts work injury lawyer today.

Common Causes of Chemical Spills

Chemical spills can occur for numerous reasons. Some of the most common include:

  • Improper storage of chemicals
  • Unsafe handling of chemicals
  • Ruptures of chemical storage tanks
  • Improper disposal of chemicals
  • Failure to comply with regulations set forth by the Occupational Safety and Health Administration (OSHA)

If you work in a manufacturing or chemical plant and notice any of the above hazards, report the problem to a supervisor immediately. If the supervisor does not respond to your concerns right away, contact a Boston workers’ compensation attorney today. Serious chemical spills can affect the environment as well, polluting air, nearby lakes, fish populations, and local water sources. Continue reading

Welding is an occupation with a higher-than-average risk of serious injury. Welding accidents in Massachusetts can result in burns, loss of vision, respiratory problems, and even death. According to the Occupational Safety Health Administration (OSHA), four out of every one-thousand welders will die from a welding-related injury. Most welding accidents occur at automotive, marine, and construction job sites. These industries are much more likely to use welding than others. If you’ve suffered a welding-related injury, the skilled workers’ compensation team at Altman & Altman, LLP can help.

Common Welding-Related Injuries

Welding injuries can range from minor burns to death. Below are some of the most common injuries reported by Massachusetts welders.

  • Burns: Welding involves the melting of metals and, therefore, requires the use of extremely high temperatures. For this reason, burns are common injuries suffered by welders. Minor burns are quite common, but severe burns can result in disfigurement, debilitating pain, time off work, and even death. In addition to direct burns to the skin, welding can also lead to widespread fires when sparks created during the welding process cause workshop fires. This is especially dangerous when flammable materials, such as oil soaked rags, are present. There are two types of welding: arc welding and traditional welding. Both have a high risk of fire and burn injuries.
  • Injuries from toxic fumes: When metal is exposed to extreme heat, it begins to melt. During the conversion process from solid to liquid, gasses are released into the air. These gasses can be damaging if inhaled; injuries can be suffered immediately or over a prolonged period of time. In addition to causing respiratory problems, the gasses can also cause severe damage to the eyes. Eye injuries can still occur when protective eyewear is worn.
  • Injuries to the eyes: Many welders who have been in the industry for a long period of time begin to develop vision problems. Maintaining a steady focus on the bright lights and sparks emitted during the welding process can cause severe damage to the eyes.
  • Respiratory complications: Gasses emitted during the welding process can be toxic, and many of these gasses have the potential to cause short term and long term damage.
  • In addition to the above injuries, welding also comes with the risk of electric shock and hearing loss. Protective gear and adequate training can dramatically reduce the risk of serious injury and death from welding-related accidents. However, this occupation comes with inherent risks. If you have developed any of these injuries or health complications as a result of welding, contact a Boston work injury lawyer today.

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Stavis Seafood received 20 safety violations Friday, several months after the death of one of its workers. Brian Caron, a Peabody man and father of two, was fatally injured by an ammonia leak at Stavis’ South Boston plant. According to the Occupational Safety and Health Administration (OSHA), the accident was caused by improper design, operation and maintenance of ammonia equipment. Due to these safety violations, Caron and other employees were exposed to a deadly amount of ammonia.

The fatal accident occurred on March 23 when a pipe on the plant’s second floor burst, sending toxic fumes into the work area. According to a statement released by OSHA, the seafood company failed to properly label ammonia piping, properly ventilate the building to prevent the risk of explosion caused by an ammonia leak, routinely inspect pressure canisters, test ammonia sensors, and ensure that ammonia was properly contained at all times. If you are concerned that your work environment is unsafe, contact a Massachusetts work injury lawyer today.

Stavis Seafood Facing $173,168 in Fines

The OSHA investigation has found that the machine room where workers were stationed and the storage room used to store ammonia were not properly separated. In addition to the lack of a door to separate the two rooms, there were also large holes in the plant’s floor. “The company’s failure to follow industry and OSHA standards exposed its employees to the hazards of an ammonia release as well as falls, electric shock, hazardous chemicals and delayed or obstructed exit from the facility during a leak or other emergency,” reported James Mulligan, OSHA’s acting area director for Boston and southeastern Massachusetts. “It’s clear that Stavis Seafoods must take effective action to correct these hazards and prevent their recurrence so that no other employees are harmed on the job.” And the violations don’t stop there. Stavis was also cited for improper chemical storage and labeling, multiple electrical hazards, and infrastructure issues. As a result, Stavis is facing OSHA-proposed fines of up to $173,168.

Types of Chemical Exposure and Associated Injuries

Chemical-related work injuries can be extremely harmful, even deadly. Ammonia isn’t the only dangerous workplace chemical. Others include benzene, mercury, pesticides, solvents, lead, acids, and paint. Injuries can be suffered due to contact with the skin, inhalation of toxic fumes, and even accidental ingestion. Injuries due to work-related chemical exposure include burns to the skin, eyes, lung or throat, and rashes. Chemical exposure can also cause neurological damage, including nerve damage and brain injuries. Although excessive inhalation is most often linked to brain damage, even skin exposure can have neurological consequences. If you have been harmed on-the-job due to the inhalation of toxic fumes, contact a MA injury lawyer today. Continue reading

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

On March 6, 2016, the Occupational Safety and Health Administration (OSHA) began an inspection of Quest Diagnostic Corp.’s Ameripath laboratory in Shelton, CT. The inspection followed numerous complaints from lab employees who claimed to be suffering from headaches, sore throats, and breathing problems.

Following the inspection, OSHA identified multiple violations of its required safety standards. With regard to laboratory safety, OSHA requires employers to implement various safeguards for the protection of their employees, including complete chemical hygiene plans. The OSHA inspection discovered that Quest’s Shelton lab neglected to:

  • Provide an opportunity for employees who displayed symptoms of chemical exposure to receive a medical check-up.
  • Educate lab employees on the signs of exposure to hazardous chemicals, including formaldehyde, alcohols, and acetic acid.
  • Provide proper training on detection of hazardous chemicals.
  • Perform an assessment to determine necessary personal protective gear and equipment for employee use.
  • Train employees on the specifics of the chemical hygiene plan and inform them of its location.
  • Implement the chemical hygiene plan.
  • Ensure that the chemical hygiene plan included directions and procedures for safely separating and removing hazardous chemical waste.

In a recent statement, Robert Kowalski, OSHA’s area director in Bridgeport said, “A laboratory chemical hygiene plan is not a paper exercise. It’s a continuous ongoing process that is key to preventing employees from being sickened by the hazardous chemicals with which they work. Our inspection found several serious deficiencies concerning the Shelton laboratory. For the safety and health of its employees, Quest must ensure that correct and effective safeguards are in place and in use at all its laboratories.”

More Violations

In addition to the above violations, Quest’s Shelton lab also failed to prevent on-site construction workers from coming into contact with hazardous chemicals, post a list of work-related illnesses and injuries, and remove covers from carbon monoxide detectors and sprinkler heads. Continue reading

Although the recent heat wave we have experienced here in Massachusetts may not be a hindrance to individuals who work in air-conditioned office buildings, it has significantly affected those who must work outdoors.  The National Oceanic and Atmospheric Administration (NOAA) predicts high temperatures and increased humidity to persist throughout the week, especially in the Southeastern region of the United States.  The Southwest is expected to continue to have hot but dry conditions throughout the week.  Globally, we have experienced record temperatures, with June being the fourteenth consecutive month of record heat, according to the NOAA.  These high temperatures may be the perfect climate for a day at the beach, but they are not without consequence for workers.  In 2014, there were 2,630 workers who experienced some sort of heat illness and 18 died from heat stroke while at work, according to the Occupational Safety and Health Administration (OSHA).

OSHA explains how hotter temperatures can be hazardous to workers outside.  When the outdoor temperature is higher than the body temperature of workers, it becomes more difficult for them to cool off.  Typically, the body sweats to in response to excessive heat in order to cool down, but this is only effective if the humidity level is low enough to allow the evaporation of the sweat.  Sweating also depletes the body of fluid and salt, which needs to constantly be replenished.  When the body cannot cool itself down, heat is stored in the body, thereby increasing the core temperature.  As a result of this core increase, Massachusetts workers may experience increased heart rate, inability to focus, and irritability.  Fainting and death can occur from heat stroke if the core temperature is not quickly cooled back to a normal degree.  In addition to this risk, individuals who are regularly exposed to extreme heat can suffer other heat-related illnesses, such as heat rash and heat cramps, and incidental injuries due to clammy hands, dizziness and burns from hot surfaces.  It is important to understand that it is not only the direct consequences of heat stroke that can be hazardous to workers, but also the indirect results.  “Heat can kill. And it is especially tragic when someone dies of heat exposure because they’re simply doing their job,” noted Dr. David Michaels, assistant secretary of Labor for Occupational Safety and Health.  “We see cases like this every year and every one of them is preventable. Last summer these included a tree care worker in Virginia, a landscaper in Kentucky, a temporary worker on his first day collecting garbage in Texas.”  There have already been several deaths this summer that have been attributed to the heat, including a landscaper from Missouri.  Extreme cases of heat exposure cause death; nonetheless, many workers become severely ill from the heat.  Last summer, there were over 200 reports of workers who required hospitalization after exposure to the heat, and with this recent heat wave, a record number of people have contacted OSHA with questions regarding worker rights and how to respond to the effects of heat.  Continue reading

The Occupational Safety and Health Administration (OSHA) is the organization responsible for protecting the health and safety of workers in the United States.  After the Occupational Safety and Health Act of 1970 was passed, Congress established OSHA in 1971 to ensure safe working conditions for U.S. workers.  One method by which OSHA ensures businesses adhere to health and safety standards is by fining companies who violate these standards.  OSHA has just announced that it will be increasing its monetary penalties for companies that violate health and safety standards for the first time in 25 years.  Because these penalties have not been adjusted for a quarter of a century, they are expected to increase significantly.  Many experts believe the increase could be as much as 80 percent.  The new increases will be effective August 1, 2016.

Currently, the maximum penalty for any initial violation, whether considered serious or non-serious, is $7,000.  Once the penalties are increased in August, the maximum penalty will rise to $12,471.  If a company violates OSHA laws willfully or repeatedly, it can be responsible for maximum penalties of $124,709, up from $70,000.  These increases are meant to adjust for the 25 years of inflation that has occurred since the last increase in 1990.  In addition to the initial adjustment this year, OSHA now has the ability to regularly increase penalties every year to keep up with the rates of inflation.  Unlike most statue violation penalties, which are adjusted for inflation every four years, OSHA and a handful of other federal agencies were not allowed to adjust fines as a result of the Federal Civil Penalties Inflation Adjustment Act.  Businesses should now expect annual increases that take effect by January 15 of every year.  The goal of these modifications to the act is to keep penalties as financially relevant as possible.

OSHA penalty increases will not go unnoticed by businesses.  In the past, the relatively small OSHA fines were discounted as any other cost of normal business.  Relative to other, more substantial costs and risks, these penalties have not successfully deterred companies from violating health and safety laws.  The heftier fines are expected to be more successful, especially for smaller companies.  Experts are hoping that the price hikes will force businesses to make employee safety and OSHA policies a priority.  However, some argue that the fines are already high enough so the increase will not offer any more discouragement from violations.  Regardless of the consequences of these penalties, businesses should use this time wisely to review and improve their safety procedures.  A few tips that can make the revision process efficient and effective are as follows.  Note common OSHA citations and determine if your company is at a greater risk for any listed hazards.  Completing OSHA-Authorized Outreach training can also ensure your workers have understanding of basic safety.  Lastly, complete compliance training for specific hazards and risks your employees in particular may be susceptible to.  Continue reading

Some job risks are obvious. Construction workers in Massachusetts are at an increased risk for falls, and law enforcement professionals risk their lives every day. But desk jobs? Physical injuries aren’t the only risk associated with the following occupations. High stress and emotional trauma can be equally debilitating.

The Worst Jobs for Your Health

Construction: As one of the most dangerous jobs in the country, even well-trained construction workers are at risk. Among the most serious construction-related risks are falls, electrocutions, chemical burns or inhalation of toxic fumes, and getting caught between objects or surfaces. To dramatically reduce the risk of serious injury or death, protective gear should be work at all times. Thorough and continued training is also essential. Despite their best efforts, construction workers are still at an increased risk for medical conditions such as lung cancer and asbestosis. And roofers and general laborers made the 2013 top ten list for occupations with the highest fatalities.

Service: Firefighters and police officers put their lives on the line to protect the public every day. However, burning buildings and violence aren’t the only risks these service workers face. The emotional toll from working long hours, caring for injured or dying people, and facing dangerous or violent situations on a regular basis, can be too much for one person to take. In addition to being physically dangerous, service jobs are also considered to be among the most stressful and emotionally challenging.

Farming, Fishing and Forestry: Those who love the outdoors may dream of being a professional fisherman (or woman), tilling the fields, or working in the Alaskan wilderness. But these jobs also come with an increased risk of serious injury and death. In fact, farmers, ranchers, loggers, and fishers were included in 2013’s top 10 list of occupations with most fatalities.

Armed Services: This category covers a wide variety of occupations, from fighter pilots to military lawyers. However, all military-related jobs have the potential to involve extended time away from home, long shifts, and the responsibility of protecting the lives of others. In addition to the risk of physical harm, military jobs are among the most stressful jobs in the United States.

Trucking: Truck drivers are at risk for multiple safety and health hazards. Many are exposed to dangerous fumes and chemicals on a regular basis, whether based on the types of loads they are hauling or from exposure while loading / unloading materials at loading docks. There’s also the inherent risk of being on the road, for long hours, in the middle of the night. Fatigue can be a very real problem for truck drivers, as can the risk of being involved in a collision with another fatigued, or drunk, driver. Hearing loss is also a common injury suffered by long-time truck drivers.

Desk Jobs: This deceptively-safe occupation can actually be quite dangerous, especially over the long term. For starters, excessive sitting can shorten our lifespan by years, while simultaneously increasing our risk for diabetes, cancer, and heart disease. Add to that the risk of back and neck pain, carpal tunnel syndrome, and emotional stress, and desk jobs join the ranks of most unhealthy occupations. Deadline-driven jobs, such as held by event coordinators and newspaper reporters, are the biggest offenders, adding an extra level of emotional stress and anxiety. Continue reading

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