Articles Posted in Work Injury

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Northeast Hospital Corp. in Beverly was recently cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for alleged violations of electrical safety standards. OSHA was alerted to the issues by a complaint from a worker. Proposed fines for repeat and serious violations would be $63,000.

Our Massachusetts workers’ compensation attorneys understand the extreme dangers and devastating injuries caused by electricity.
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Inspectors found employees changing circuit breakers on live electrical panels. This is extremely dangerous and exposes the workers to the risk of arc flash incidents, burns, electric shock and electrocution. While working on live electrical panel’s employees either did not use or lacked personal protective equipment. Other issues found included a lack of consistent testing of electrical protective equipment; work practices related to electrical safety were not used; and no specific plans were in place for controlling electric current while replacing electrical breakers.

Four serious citations were issued following the inspection, resulting in $28,000 in fines. Serious citations are issued by OSHA when there is substantial risk of serious physical harm or death from hazards that the employer knew or should have known about.

One repeat citation was issued with a fine of $35,000 for not closing unused openings in cabinet motor control centers and electrical panels. The hospital was previously cited for this same issue during a May 2010 inspection. A facility receives a repeat citation if they have been cited for the same violation in the last five years.

“Electricity can kill or severely injure workers, literally in a flash. There is no margin for error here,” said Jeffrey Erskine, OSHA’s area director for Essex and Middlesex counties. “That’s why 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 explains the three types of burns caused by electricity:

-Electrical burns occur, usually to the hand, when electric current passes through or goes near your body.

-Arc burns occur from an electric arc, which is when a very strong electric current jumps from a gap in a circuit. An example of an electric arc occurs in welding and an extreme example is lightning. The extreme heat from the arc causes the burn.

-Thermal contact burns are caused from extreme heat or fire from malfunctioning electrical equipment.
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In a previous blog about roofing accidents, our Boston Personal Injury Attorney Blog reported that one third of roofing accident victims are Latino workers. Latino workers make up a third of those employed in the construction industry and are often uneducated about safety rights and necessary protection that should be used to avoid accidents at the work site.

Our Massachusetts workers’ compensation lawyers know that Latinos are injured or killed at a faster pace on the job than any other nationality in the United States. That is why Latino deaths on the job is a continued focus for the Occupational Safety & Health Administration.
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OSHA believes these deaths occur because many of these workers are untrained when it comes to workplace safety and face discrimination by employers because of their inability to speak English fluently. Also related as a contributing factor is the fact that Latinos work at some of the most high-risk and dangerous jobs in the Northeast region.

According to a study reported by U.S. News over 11,000 Hispanic workers died from work-related injuries during the period of 1992-2006. This equated to approximately 13% of all work-related fatalities, and a higher rate than white or African American workers in the United States.

In 2006, there were approximately 19.6 million workers in the U.S. that were Hispanic. According to the study, the average age at death for Hispanic workers was 35 years old and 95% of deaths were men.

Latinos working high-risk jobs like construction factor in the higher death rate. Other jobs considered at high risks for Hispanics are waste services, agriculture, transportation, and warehousing.

Last year, OSHA hosted a summit in Houston which included Latino workers, employers, unions, health and safety professionals, and government representatives. The goal was primarily to focus on minimizing injuries among Latino workers by increasing their knowledge through workshops and exhibits about workplace rights and how to voice their concerns when it comes to these rights. Some exhibits highlighted successful employers who have effective programs in training Latinos, while others offered resources to prevent worker deaths and injuries on the job both to employees and employers.

Employers have a responsibility to train each of their employees equally about the hazards faced on the job. Minimizing language barriers and increasing on-the-job training can help lessen the risks of Boston work accidents.
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A Wilmington, Massachusetts contractor is facing fines of $235,000 for citations, centered around fall hazards, issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).

Our Massachusetts workers’ compensation lawyers are often called to represent employees injured in fall accidents. Falls are among the most common types of serious and fatal work accidents in Boston and throughout Massachusetts.
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NER Construction Management Inc. was cited for exposing its workers to falls and others hazards at a job site located in Boston.

Fall protection was not used when workers reached heights up to 17 feet while power washing a building and taking apart a scaffold. The employer also failed to completely plank the scaffold being used by workers to power wash the building.

“A fatal or disabling fall can end a life or a career in seconds,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “Scaffolding is an essential tool – and fall protection a basic and required safeguard – for this type of work. There’s no reason for an employer’s failure to have proper and effective protections in place and in use at all times at all jobsites.”

OSHA inspectors issued 3 willful citations for these infractions to the company, with proposed fines of $210,000. A ‘willful’ violation means an employer knows that a hazard exists and makes no reasonable attempt to correct it.

In addition to the 3 willful citations, 6 serious citations were also issued in the amount of $23,500. These violations included missing guardrails, faulty scaffold construction, improperly trained employees on the safe operation of powered industrial trucks, no emergency eye washing station and failure to guarantee the use of face, head and eye protection.

Serious violations, that the employer knew or should have known about, have a considerable chance causing death or serious harm to an employee.

Lastly, insufficient record keeping resulted in another $2,000 fine for other-than-serious citations. This type of violation does not cause serious physical harm or death but is related to job health and safety.

Georgoulis Construction Inc., a roofing contractor, was also recently cited for fall hazards at a work site in Tewksbury.

Georgoulis employees were observed by an OSHA inspector and cited for failing to use fall protection and improper use of ladders. Fall protection is needed whenever an employee is working on a roof that is higher than 6 feet. When using a ladder to get onto a roof, the top of the ladder has to extend 3 feet higher than the roof.

“The size of this penalty reflects the gravity of the hazard and the employer’s knowledge of its existence,” said Jeffery A. Erskine, OSHA’s area director for Middlesex and Essex counties. “A fall can occur in seconds but the resulting injuries can be permanent or end a life. There’s no reason for failing to provide this essential and legally required safeguard for workers.”

The company was cited for 1 willful citation for lack of fall protection, and 1 serious citation for improper ladder use, with proposed fines of $54,000.

In 2009 the Bureau of Labor Statistics reported 59 fatal occupational injuries in Massachusetts, 11 were due to falls.
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2011 marks the 100th anniversary of Massachusetts workers’ compensation law; the state is generally considered to be the second to enact a workers’ compensation statute when it did so on June, 28, 1911, according to WorkersCompensation.com

Today the program protects thousands of Massachusetts employees, by providing medical care, lost wages and other benefits to employees who are injured as the result of a Massachusetts work accident. Our Boston workers’ compensation lawyers work with families each day to help ensure they collect all of the benefits to which they are entitled.
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Workers compensation laws were enacted as the Industrial Revolution made it necessary to change the way compensation was handled for deaths and injuries as a result of workplace accidents. Wisconsin claims the first workers’ compensation law. Massachusetts joined eight other states to follow behind.

Massachusetts plans a centennial commemoration for April 7. The event will be hosted by the Massachusetts Academy of Trial Attorneys, the Massachusetts Bar Association, and the Department of Industrial Accidents, among others.

The event is expected to draw leading scholars of workers’ compensation for a symposium looking at economic, labor relations and legal concepts. A book is also being planned. As is a dinner in the Rose Kennedy Ballroom at the Intercontinental Hotel in Boston.
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Though hearing loss is not fatal, it remains a serious occupational hazard for workers who earn their paycheck from noise-related industries like construction, manufacturing, entertainment, transportation, mining, or military.

An average of only 15% of employees uses hearing loss protection in these high-risk occupations. This is why our Boston workers’ compensation attorneys are concerned about a recent announcement from U.S. Department of Labor’s Occupational Safety and Health Administration, which is backing away from enforcing tough new rules on noise pollution in the workplace after complaints from big business.
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OSHA released a statement that they are not proceeding with the proposed “Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise” due to lack of resources and public outreach needed.

What this means is they won’t make an attempt to define what feasible administrative or engineering controls are as established by OSHA’s noise standard. Essentially they are backing off of a plan to require employers to do more than just provide ear plugs to employees endangered by excessive noise in the workplace.

“Hearing loss caused by excessive noise levels remains a serious occupational health problem in this country,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “We are sensitive to the possible costs associated with improving worker protection and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards.”

Michaels emphasizes that OSHA remains dedicated to finding solutions and preventions to reduce the toll some workplace environments can take on workers’ hearing. What else is he going to say?

However, OSHA’s lack of action means either that it did not properly consult with the various industries, which it had decades to do before making the announcement, or that it is buckling under the pressure of industry complaints.

In 2008, Bureau of Labor Statistics reported over 22,000 hearing loss cases. OSHA said it will regroup and work on the issue by:

-Getting the views of employers, employees, and public health officials by holding stakeholder meetings to discuss occupational hearing loss prevention.

-Consulting with the National Institute for Occupational Safety and Health experts about cases and feedback they can offer for hearing loss prevention.

Gotta love those stakeholder meetings.

As part of a hearing conservation program evaluation checklist, the Centers for Disease Control and Prevention and National Institute for Occupational Safety and Health offers the following questions to determine engineering and administrative controls in the workplace:

-Has there been an evaluation conducted to determine the full potential of administrative controls? For example, break or lunch rooms are sound treated for employees; noisy processes conducted during less popular shifts.

-Are projects determining noise control completed in a timely manner?

-What training has been given to employees or supervisors who operate and maintain noise control devices?

-Are workers consulted and asked opinions about plans for noise control measures?

-Has various options for cost-effectiveness been discussed?

-What priority has been associated with noise control needs?
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Just days after CNN reported our national water infrastructure is desperately due for upgrading, renovation and repair, the Boston Globe reported on a two-year investigation by state auditor Joseph DeNucci, who critically evaluated the State’s dam systems.

The CNN report revealed that on average 700 water main breaks happen every day in the U.S. That thanks to antiquated leaking pipes, the U.S. loses 7 billion gallons of water – a day. That a single faucet dripping once per second releases as much as 2,700 gallons of drinkable water a year. That the American Society of Civil Engineers has estimated the cost to replace or restore our nation’s crumbling water utility system will surpass the $250 billion mark during the next two decades.
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Our Boston personal injury lawyers and Massachusetts workers’ compensation attorneys know that lost water does more than drain our clean drinking water supply. It costs in property damage and work productivity. And, at worst, it threatens public health when a water systems becomes contaminated and becomes a worker and public safety issue when systems rupture or fail.

What DeNucci’s report found in Massachusetts reflects what the American Water Works Association sees as a growing water infrastructure problem flowing across the nation. Our antiquate, inefficient, worn out water and sewer line systems are failing and desperately in need of innovative (and costly) upgrading to meet current law and public health safety directives. The problem, of course, is that the current economic reality has most state budgets bone dry when it comes to funding massive, or minimal, infrastructure upgrade projects. So who then is responsible when a water main fails and a Massachusetts worker is injured or killed; a home destroyed?

The Bureau of Labor Statistics reports that in 2009 there were 75 utility system construction workers killed due to a job site accident. This number includes oil and gas line, power and communication workers with water and sewer line handlers. Water system workers alone claimed nearly 38 percent of all utility worker fatalities nationwide. Within Massachusetts, BLS reports that 17 workers in the construction industry died on the job in 2009.

The Massachusetts personal injury attorneys at Jeffrey Glassman Injury Lawyers, LLC, recognize that construction companies, land developers and governmental agencies have a joined responsibility to maintain a safe and secure environment for employees, temporary workers and the public.
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The hammer was recently brought down on Metro North Commuter Railroad Co. following a whistleblower investigation from one of the company’s Connecticut employees.

Our Boston work injury attorneys want to remind you there are laws to protect you if you have been injured at work or treated unfairly. Employees who report dangerous conditions in the workplace may not be retaliated against by an employer.
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The Occupational Safety & Health Administration recently concluded their investigation of the whistleblower complaint towards Metro North Commuter Railroad Co. The whistleblower complaint, filed by one of their Connecticut employees, claimed the railroad company retaliated after an employee filed an injury complaint. The employee had filed a whistleblower complaint to OSHA in November 2008 as a result of a work injury he had suffered. When the railroad company discovered the whistleblower they retaliated against the employee by enforcing disciplinary action against him, according to the allegations.

Following investigation into the complaint, OSHA has determined Metro North will pay the employee $75,000 in punitive damages, as well as $5,500 in attorney fees. Metro North will also be required to remove disciplinary actions and unsatisfactory notes placed in the employer’s permanent record. Lastly, the railroad company must provide its employees with information regarding filing complaints about on-the-job injuries and whistleblower rights.

“Taking repeated disciplinary action against an employee who exercised his legal right to report an on-the-job injury and voiced a complaint about retaliatory treatment by his employer is unconscionable,” said Marthe Kent, OSHA’s New England regional administrator, located in Boston. “Such treatment instills a culture of silence in which hazardous conditions are masked because employees will be fearful of reporting them.”

OSHA enacted the Whistleblower Protection Program to protect employees who were afraid to lodge a complaint for fear of their employer disciplining them. Like in the case of the Metro North railroad employee, workers have rights and shouldn’t be afraid to voice a legitimate complaint. Under the program, the employee must show the violation of rights, that the employer knew about the violation, and that some form of retaliation ensued as a result of the complaint.

The following are unacceptable forms of retaliation by the employer:
-Blacklisting or demoting the employee to a lower paying job.
-Terrorizing or intimidate the employee with threats.
-Letting the employee go without other provocation.
-Minimizing the employee hours or reducing the hourly wage.
-Punishing the employee with undesirable tasks.
-Reassigning duties to prevent moving up in the company.
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A Worcester construction company has been cited by the Occupational Safety & Health Administration with exposing employees to dangerous working conditions in Quincy, Massachusetts.

The government contends that dangerous trenching conditions exposed workers to the potential of being seriously injured or killed in a Massachusetts work accident.
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OSHA reports that employees of JE Amorello Inc. were working in a trench deeper than 8 feet that lacked proper shoring and sloping, which could prevent collapse. The government issued the company one willful citation and a proposed fine of $15,400.

“Employers know the unprotected walls of a trench can collapse suddenly and without warning, stunning and crushing workers beneath tons of soil and debris before they have a chance to react or escape,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “Even though no collapse occurred this time, allowing employees to enter and work in an unprotected trench is both dangerous and unacceptable.”

The inspection also found that the trench did not have a ladder for a swift exit. Brick and excavation material was also found stored at the edge of the trench walls, which can induce collapse. Those conditions resulted in two additional fines totaling $4,620.

OSHA rules require safeguards for all trenches in excess of 5 feet deep. OSHA trenching guidelines for workers and employees are available here.

The Centers for Disease Control reports an average of more than 50 people a year are killed in trench accidents. Three quarters of those deaths are caused by cave-ins.
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The Occupational Safety & Health Administration has cited the U.S. Postal Service for willful and serious safety violations after reports that employees were exposed to electrical hazards that could have led to a serious or fatal Shrewsbury, Massachusetts work accident.

Our Boston workers’ compensation lawyers frequently report on the dangers faced by employees in the workplace. Electrocution is a danger that doesn’t always get mentioned with other leading types of fatal work accidents, like falls and transportation accidents. However, the Bureau of Labor Statistics reports that 168 workers were killed in work accidents caused by exposure to electrical current last year. Another 63 died after being exposed to overhead power lines.
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OSHA has proposed $238,000 in fines against the Central Massachusetts Processing and Distribution Center.

“These sizable fines reflect the Postal Service’s knowledge of and failure to address these hazards,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “For years, the Postal Service knew that allowing untrained employees to work on electrical equipment exposed workers to serious injury or worse. Despite this knowledge, the Postal Service did not take the necessary steps to change its practices and eliminate the hazards.”

Inspections began June 29 in response to an employee complaint and found that unqualified employees were permitted to work on electrical circuits and equipment. Additionally, the equipment was not de-energized prior to being serviced and employees were not supplied insulated tools and other safety equipment. As a result, the Postal Service was issued three willful citations, which means an intentional or voluntary disregard for the safety and health of employees. Those fines total $210,000.

Four serious citations were also issued totaling $28,000. Those fines cite a lack of proper employee safety training in electrical work practices, lack of proper personal safety equipment, and failure to perform periodic inspections of the Shrewsbury facility’s energy control procedures.
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The Somerset Herald News reports a sanitation worker suffered a Massachusetts work accidents after falling off a garbage truck last week.

The employee reportedly suffered a head injury, although indications are that he would be back at work this week. Our Massachusetts’ workers compensation attorneys urge anyone injured on the job to undergo a through evaluation, particularly when a head injury is involved. Consequences of a head injury may take weeks, or months, to become apparent but can have serious or even fatal health consequences.
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Reports indicate heavy rain may have been a factor in the accident, which happened after 5 p.m. at the intersection of New Boston Road and Freelove Street. The paper reports the Fall River Department of Public Waste has had its share of accidents. Two other workers have been seriously injured in the past several years and at least three others have been hurt, primarily from falling off the trucks.

A spokesman noted that neither private nor public waste removal services use helmets or safety tethers to help reduce the risk of falling from trucks. One employee lost both legs after falling from the truck and being pinned by another vehicle.

Eight members of the 71-employee department are currently out on Massachusetts workers’ compensation claims, including three who have been off work for upwards of a year or more.

The Bureau of Labor Statistics ranks trash collection among the Top 10 most dangerous occupations, with injury rates surpassing even those reported by law enforcement.

More modern trucks use side-loaders instead of crews. Only 3 of the city’s 18 trucks are newer side-load models.
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