Boston Personal Injury Attorney Blog

March 4, 2011

Employers must provide protective equipment to prevent Boston work accidents

The Enforcement Guidance for Personal Protective Equipment in General Industry was recently released by the Occupational Safety and Health Administration (OSHA). The new guidelines went into effect February 10th.

This directive provides inspectors with instructions for deciding if employers have complied with OSHA standards regarding personal protective equipment (PPE).

Our Massachusetts workers’ compensation lawyers frequently report about the importance of the use and access to personal protective equipment in the workplace.

Back in November 2007, OSHA issued a final rule on ‘Employer Payment for Personal Protective Equipment’. General industry, marine terminals, construction, longshoring and shipyard employers are required by this rule to provide, at no cost to the employee, most types of required personal protective equipment.

This new directive, Enforcement Guidance for Personal Protective Equipment in General Industry, replaces the very outdated (June 1995) directive, Inspection Guidelines for 29 CFR 1910 Subpart I, the revised Personal Protective Equipment Standards for General Industry. The main points to the new directive is to clarify when employers have to pay or not pay for PPE and clarify the type of PPE the employer must provide.

Personal protective equipment that employers need to provide, free of cost to employees include:

-Various foot protection.
-Various types of gloves.
-Goggles and face shields.
-Respirators.
-Hearing protection.
-Hard hats, fall protection, ladder safety belts.
-Medical/laboratory workers: lab coats, aprons, gloves, shoe covers, goggles.

Personal protective equipment that employers don’t need to provide includes:

-Rain gear.
-Back belts.
-Cold weather gear.
-Uniforms used only to identify a person as an employee.
-Hairnets and gloves used during food preparation.

A complete list of items can be found in the Enforcement Guidance for Personal Protective Equipment in General Industry directive.

Employers are required to train employees that have to wear personal protective equipment on how to: use the equipment properly, know when and what kind of personal protective equipment to use, understand that personal protective equipment has limitations, clean and maintain protective equipment properly, and demonstrate how to put on, fine-tune, wear, and remove personal protective equipment.
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March 2, 2011

Massachusetts company cited for work safety claims involving electricity

by Jeffrey S. Glassman

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.

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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February 28, 2011

Marathon spectator awarded on claim over Massachusetts fall accident

by Jeffrey S. Glassman

The long-awaited outcome of her personal injury lawsuit has a Boston Marathon spectator feeling vindicated, according to a recent article in Metrowest Daily News.

The 65 year-old woman was struck by a state police officer on his motorcycle during the 2007 Boston Marathon. She brought a civil case against the officer for negligence; filing for compensatory and punitive damages.

The victim acquired $983 worth of medical bills but was angered when the police refused to pay them or accept responsibility for the accident. Making matters more complicated was the fact the victim felt law enforcement was covering up the accident.

Additionally, as our Boston personal injury attorneys are well aware, falls among the older adult population can lead to long-term medical complications, including knee and hip-replacements. The Boston Globe reports the woman was knocked to the ground on State Route 135 in West Natick.

The attorney representing the police alleges that the woman was in the street when she was struck and was not paying attention to her surroundings. The victim claims she was standing behind the designated white line for spectators.

Following four days of testimony, the jury deliberated 4 hours before rendering a verdict. The Patriot Ledger reports the Superior Court jury found the police officer to be negligent and awarded the woman $15,500 in damages.

The victim also claimed battery against the police officer and violation of civil rights against the lead detective but was not awarded for those charges.

The Boston Marathon attracts hundreds of thousands of people each year. In anticipation of this year’s marathon, Run the Planet offers the following crowd safety tips to spectators:

– Always be aware of the closest exit location as well as all of your surroundings.

– Take notice of the ground surface. For example, loose gravel, muddy, unleveled or wet surfaces can all be dangerous, especially in large crowds where space is limited.

– Discarded objects lying on the ground like clothing, trash, bottles or food items can also be dangerous once the race starts and attention is directed towards the marathoners.

– Benches and scaffoldings are not meant to hold lots of weight so refrain from standing on them to get a better view.

– If you are in the midst of a panicked crowd, try to remain calm and go with the flow. Trying to retreat against a moving crowd is dangerous.

– Communicate with others by use of hand gestures since talking is difficult amid crowd noise.

– If you stumble and fall to the ground, keep crawling in the direction of the crowd. Cover your head and curl up in a fetal position if you can’t move at all.
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February 26, 2011

Winter increases risk of slip-and-fall, accidents on MBTA property

by Jeffrey S. Glassman

Our Boston personal injury lawyers know busy commuter systems increase your risk of slip and fall injuries during winter months. We have noted on earlier posts to our Boston Personal Injury Attorney Blog issues regarding the MBTA.

The Boston Globe reports the brutal winter is taking a heavy toll on commuters, the Department of Transportation and the Massachusetts Bay Transportation Authority. Bitter cold temperatures and high snow totals have taken their toll on the state’s snow removal budget, the T, and the roadways.

Eight big storms have averaged 34 hours of plowing or salting apiece, and 6 highway districts needed trucks to remove snow or ice on at least 18 occasions. District 1 (Western Massachusetts) had trucks go out 24 times and District 3 (which has 77 communities including state roads in Worcester and Framingham) needed trucks 31 times.

Due to heavy snowfall the roofs on 4 of Massachusetts’ 140 salt barns have collapsed. These barns are used to store the salt around the state for use on roadways. So far $75 million has already been spent and another $10.9 million has been billed. The cost to fix the salt barns has not been added to these amounts. Considering the fact that the state is $22.5 million over budget for snow removal, the Department of Transportation will need help from lawmakers to get through the rest of the winter.

On the T, disruptions and delays were abundant on the Red and Orange Lines. It could be due to their aging cars, all cars on the Orange Line were bought in 1979 and about 1/3 of the Red Line cars were bought in 1969. A useful life for one of these cars is 25 years according to the manufacturer. The 5- and 6-year-old cars on the Blue Line have performed well in the tough winter conditions.

A review of all Red and Orange Line cars will be conducted to see what can be done to keep them in service-ready condition.

The aging commuter rail system has had its share of snow-related track problems and breakdowns, causing headaches to thousands of commuters. Though two new surplus locomotives arrived two weeks ago, it is little help for a fleet of 80 locomotives and 400-plus coaches that are 30+ years old. At a cost of $300+ million the delivery of 20 locomotives and 75 coaches is over a year away.

Analysts and officials believe it will take about $3 billion to address the T replacement, vehicle and infrastructure maintenance needs.
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February 24, 2011

Massachusetts health care workers face unique work-injury risks

by Jeffrey S. Glassman

Our Boston workers’ compensation lawyers know the dangers faced by health care employees that work around toxic substances and airborne infectious agents.

A recently produced training video done by the Occupational Safety and Health Administration (OSHA) explains the proper use of respirators for health care employers and workers. The video also illustrates the proper procedures to follow in a health care setting to protect workers from airborne hazards.

OSHA estimates that 5 million workers, in 1.3 million workplaces throughout the United States, are required to wear respirators.The video explains the significant components of a respiratory protection program, which include:

-Medical evaluations: employers use a questionnaire to ask workers their medical history. Workers with chronic cardiac or respiratory conditions that make it hard for them to breathe normally may not be able to use respirators without their doctor’s consent.

-Fit-testing: ensures that the respirator fits properly against the face and allows room for talking and eye protection. Certain respirators can not be used with workers that have facial hair.

-Maintenance: ensures proper cleaning and disinfecting of the respirator which doesn’t damage the respirator and doesn’t cause harm to the user.

-Training: how to use the respirator properly.

In the health care setting common respiratory hazards consist of airborne infectious agents that cause diseases such as chicken pox, tuberculosis, measles, pandemic influenza and severe acute respiratory syndrome (SARS). The video goes on to explain the difference between a surgical mask and respirator.

Respirators differ from surgical masks because surgical masks don’t protect the user from breathing in tiny particles like mold and dust. Surgical masks also don’t fit tightly against the face and this allows air particles to leak in around the edges.

Proper respirator use is demonstrated to help protect workers from being exposed to airborne chemical hazards.

“Employers can’t rely on respirators providing the expected protection if they don’t train their workers on how to use them properly,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “This video is an important training tool that teaches proper respirator use and discusses employers’ responsibilities under OSHA’s respiratory protection standard.”
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February 22, 2011

Not just teens victimized by Boston car accidents involving young drivers

by Jeffrey S. Glassman

A recent report by Health News Digest reminds us teens are not the only victims of Boston car accidents involving young drivers. Too often, innocent motorists on the road, or bicyclists or pedestrians, are seriously injured or killed in accidents with teen drivers.

We often place attention on the teen driver in fatal accidents but our Boston personal injury lawyers are here to focus on all victims and their families following a Massachusetts car accident involving a teen driver.

According to Health News Digest, the Children’s Hospital of Philadelphia (CHOP) and State Farm Insurance, 681,000 people a year are involved in a crash with a young driver. Over 40,000 people were injured; 30% of the fatalities from these crashes were not occupying the car driven by the young driver.

The purpose of the report is to not only provide valuable data for safety advocates, but to also measure the success of education, laws, and programs in reducing teen crashes and the impact they have on the victim’s community. The report utilizes 11 indicators to help law officials and safety specialists determine progress in influence behaviors of teen drivers. The research indicated that four areas need improvement: speeding, driving under the influence, use of seatbelts, and distracted driving.

Over 50% of teens who were killed in crashes were speeding; 40% tested positive for blood alcohol content; 16% reported distraction at the time of the accident; and over 50% were not wearing seat belts.

More teens die from fatal car crashes than from suicide, homicide, and cancer combined, according to the report. It’s reported that 24% of total teen deaths are teen drivers or peer passengers.

One conclusion can be drawn from the research and that is that driver inexperience leads to a lot of these tragedies. States that mandate strong graduated driver licensing laws seem to be on the right track. In a recent post on our Boston Car Accident Lawyer Blog we reported that fatal accidents for young drivers in Massachusetts have decreased 75% over the last 3 years. Massachusetts is one state that has seen results since introducing the GDL program and enforcing stricter laws on teens.

The next step is to focus on teen driving behaviors like drunk driving, distracted driving, failing to wear a seat belt, and speeding, in order to reduce the number of teen driving fatalities each year. Organizations like Mothers Against Drunk Driving and Focus Driven will play an important role.
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February 20, 2011

Defective and dangerous roads a cause of Boston car accidents

by Jeffrey S. Glassman

Defective road design can cause serious and fatal motor vehicle crashes. Motorists should expect that those charged with the design, building and maintaining of our roadways have put safety first. Each year many motorists are the victims of Boston car accidents due to poorly maintained roads.

Motorists involved in an accident that are caused by any of the following need to contact an experienced Boston personal injury lawyer.

-Dangerous road construction zone.

-Malfunctioning traffic signals.

-Poor drainage of standing water.

-Muddy shoulders.

-Poor lighting.

-Improper roadway design, including dangerous curves and ramps.

-Poorly placed utility poles and trees.

Roadways that are designed with safety in mind, allow motorists to react to changing road conditions and situations in plenty of time. If there is a sharp curve on a roadway, warning signs need to be posted and guardrails erected. When these types of things are not done the municipality or state may be held responsible for failure to design and maintain safe roadways for travelers.

Recently the Boston Channel reported on the staggering number of crashes on Route 24 between Fall River and Randolph. There have been 14 fatalities in the last 3 years on that road. Neighboring comparable roads, Interstate 95 and Route 3, have half that amount.

Law enforcement’s theory for all the crashes is that the road simply was not designed to handle the volume of traffic it gets today. The 50-year-old road design has ramps that are too short and curves that are too sharp.

AAA Exchange offers these suggestions to make our roadways safer:

-Signs: make them larger, easier to read by using reflective material and place them well ahead of the event.

-Crosswalks: mark the pavement with reflective material, make crossing countdown longer and make crosswalk buttons bigger and easier to reach.

-Left turn lanes: have a signalized intersection with a left turn lane offset, this is better than having drivers judge when it is safe to turn. Offset left-turn lanes are safer because cars traveling in the opposite direction don’t block your view.

-Stop signs: make stop signs larger and use reflective material. Alert drivers by installing rumble strips before a stop sign.

-Lighting: overall better lighting for highways and city streets. As we age our pupils shrink so our eyes need more light to see.

-Pavement markings: use reflective material to mark road edges, curbs, lanes and intersections.

-Traffic signals: make traffic signal heads bigger, 8 to 12 inches could be needed in some locations.

-Freeway exits & entrances: make larger clearer signs giving drivers plenty of time to move over.

-Work zones: warn driver’s way in advance of the approaching work zone areas. Large, bright, flashing and carefully placed devices are needed to guide drivers through the work zone area.

-Changeable message signs: need to be easy to read and use short simple wording.
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February 18, 2011

Dangerous trenches led to Massachusetts work safety violations

by Jeffrey S. Glassman

Our Boston workers’ compensation lawyers frequently report on contractors that face workplace safety violations. And we understand the risk construction workers take when employers don’t make safety the priority.

An administrative law judge has sided with the U.S. Department of Labor upholding eight citations and $91,200 in fines given to a Boston contractor.

The Occupational Safety and Health Administration (OSHA) had cited Shawn Telsi following an inspection back in August 2009 at a construction site located at 394 Dedham St. in Newton, Mass. Telsi does business under the names of Life Time Homes, Green Pines and/or Telsi Builders.

The OSHA inspectors found workers without cave in protection, potential falls in uncovered 7 foot deep holes, lack of head protection, impalement hazards from steel rebar, and lack of safe exit from holes which had dirt piled at the edges.

Telsi contested the fines and citations to the independent Occupational Safety and Health Review Commission.

“Serious, life-threatening hazards remained uncorrected even after they were brought to this employer’s attention,” said Marthe Kent, OSHA’s New England regional administrator. “In one instance, had the unprotected 14-foot-high excavation wall collapsed, it would have engulfed workers who were pouring concrete formwork and crushed them beneath tons of concrete, soil and debris.”

A regional OSHA representative said the ruling upholds the federal agency’s commitment to workplace safety.

“Employers must understand that they cannot disregard standards meant to protect the life and safety of their employees without facing consequences,” said Michael Felsen, the Labor Department’s regional solicitor for New England. “This decision not only affirms OSHA’s findings, it also shows that the Department of Labor will not hesitate to pursue appropriate legal action on behalf of America’s workers.”

OSHA requires a protective system on any trench that is 5 feet or deeper, unless the trench is made in stable rock. There are several different types of protective systems including:

-Shoring: requires installing supports to prevent the soil from moving.

-Sloping: requires cutting the trench wall back away from the excavation.

-Shielding: uses trench boxes placed in the excavation area to prevent cave-ins.

Other rules to keep in mind around trenches: don’t allow heavy equipment near trench edges, keep extra dirt at least 2 feet away from trench edges, inspect trenches after it rains and prior to each shift, and know if there are underground utilities in the area.
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February 15, 2011

Data Recorders could reduce risk of Massachusetts trucking accidents

by Jeffrey S. Glassman

Technology helps track hours of service and eliminates paperwork for commercial truckers which could keep them more alert, thereby reducing the risk of Boston trucking accidents.

A regulatory proposal was issued by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) requiring installation of electronic on-board recorders (EOBRs) for interstate commercial truck and bus companies to monitor hours-of-service (HOS) compliance by their driver’s.

Our Boston personal injury lawyers applaud the U.S. government in their continued efforts to ensure truckers comply with safety regulations that keep all motorists safe.

In 2008 the National Highway Traffic Safety Administration reported 50,430 vehicles were involved in fatal crashes. A total of 4,066 of these vehicles were large trucks. In Massachusetts there were 444 vehicles involved in fatal crashes in 2008; 20 were large trucks.

Currently truckers keep a log book to document hours of service. Supporting documents such as toll and delivery receipts are used to verify the total amount of time drivers spend behind the wheel. The antiquated system is ripe for abuse and has made a mockery of hours-of-service rules, which are designed to protect motorists from accidents caused by fatigued truckers.

The EOBR’s eliminate the need for retaining all the paperwork, and do more to keep the industry honest. Think of the device as an electronic record keeping system.

“We cannot protect our roadways when commercial truck and bus companies exceed hours-of-service rules,” said Transportation Secretary Ray LaHood. “This proposal would make our roads safer by ensuring that carriers traveling across state lines are using EOBRs to track the hours their drivers spend behind the wheel.”

Several carriers have already installed this technology, including U.S. Express Enterprise, Schneider National, Maverick USA, J.B. Hunt, Knight Transportation and Maverick USA. The proposed rule would affect about 500,000 carriers.

The proposal would require interstate carriers that currently use Records of Duty (RODS) log books to use EOBRs to document hours of service. Carriers that use timecards to document HOS, like short-haul interstate truckers, won’t be required to use EOBRs.

Noncompliance impact a carrier’s DOT operating authority and safety fitness rating negatively. Carriers can be fined up to $11,000 for each offense that violates this EOBR requirement.

“This proposal is an important step in our efforts to raise the safety bar for commercial carriers and drivers,” said FMCSA Administrator Anne S. Ferro. “We believe broader use of EOBRs would give carriers and drivers an effective tool to strengthen their HOS compliance.”
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February 12, 2011

Hispanics at high risk for Massachusetts work accidents

by Jeffrey S. Glassman

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.

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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