Boston Personal Injury Attorney Blog

February 24, 2011

Massachusetts health care workers face unique work-injury risks

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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February 10, 2011

Electricity a primary cause of work accidents in Boston

by Jeffrey S. Glassman

The electrical power and transmission industry is extremely important to consumers who need power to go about their day. But for the workers who work in this field, it can be extremely dangerous.

Our Massachusetts workers’ compensation lawyers feel that given the magnitude of the dangers employees face in these kinds of companies, safety should be a priority above all others in this industry.

Every two to three years, Occupational Safety & Health Administration renews their partnership with power transmission and distribution trade associations. Recently renewed in January, their goal will be to reduce injuries, illnesses, and fatalities of workers in the electrical transmission and distribution industry.

“I am pleased to see the members of this OSHA Strategic Partnership back at the table today to sign a new agreement. This tells that the previous years of the partnership have been successful for everyone concerned and that you find value in working with OSHA and with each other,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The families of workers in this industry are counting on us to work together so that every worker returns home, safe and healthy, at the end of every single workday.”

Other members of the partnership joining OSHA include: Quanta Services, Inc., Pike Electric Inc., National Electrical Contractors Association, MYR Group Inc., MDU Construction Services Group Inc., Henkels & McCoy Inc., Edison Electric Institute, and Asplundh Tree Expert Co.

Other proposed goals for this group is to determine the causes of the injuries or fatalities so that steps can be recommended in preventing them; training employees once the methods for safety are established; and designing a strategy to make sure the goals of the partnership are being reached.

The partnership has experienced success in achieving goals in the past. The number of deaths went from 6 in 2008 to 2 in 2009. They also saw a reduction in Days Away from Work, Restricted Work Activity, and Transfer in Jobs reduced from a rate of 4.04 in 2008 to 2.95 in 2009.

OSHA offers a 10-Hour Outreach Training program that was completed by almost 4,400 workers in the electrical transmission and distribution industry. The completion of the program is advantageous due to the fact that workers can be trained on occupational safety and health hazards, as well as prevention methods to reduce illness, injuries, or fatalities on the job.

Most people probably take for granted having power in their homes and work places. There are dangers like electrocution and fires that are involved in jobs that help supply this power to consumers. Employers in these industries need to ensure the safety of their employees to prevent the risk of injury or fatality from occurring.
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February 8, 2011

Boston work injuries often involve musculoskeletal disorders

by Jeffrey S. Glassman

Our Massachusetts workers’ compensation attorneys frequently report on accidents and injuries caused by work environments and that is true of musculoskeletal disorders.

The U.S. Department of Labor’s Occupational Safety and Health Administration has for the time being withdrawn its proposed work-related musculoskeletal disorder (MSDs) column on employer injury and illness logs.

OSHA will be gathering more input from small businesses on this proposal with the assistance from the U.S. Small Business Administration’s Office of Advocacy.

“Work-related musculoskeletal disorders remain the leading cause of workplace injury and illness in this country, and this proposal is an effort to assist employers and OSHA in better identifying problems in workplaces,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “However, it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community.”

In 2009 theBureau of Labor Statistics, reported that 28% of all workplace illnesses and injuries requiring time away was from work-related musculoskeletal disorders. Overall there were 348,740 cases of MSDs, at a rate of 33 cases per 10,000 full time workers. Backs had the greatest risk of injury. Occupations of nursing aides, orderlies, and attendants had a back injury rate of 226 cases per 10,000 full time workers.

Under the proposed rule the existing requirements would not change regarding when employers must record work-related musculoskeletal disorders on their illness and injury logs. A large majority of small businesses aren’t required to keep track of work-related injuries and illnesses. Companies that are currently required to use the OSHA Form 300 log to document work related illnesses and injuries would now have to check a box in a new MSDs column.

The history of the MSDs column dates back prior to 2001, when the OSHA form had a column combined repetitive trauma disorders like noise and many kinds of musculoskeletal disorders. In 2001, OSHA gave noise its own column, MSD was also given a separate column but it was deleted in 2003. This new ruling would put the MSD column back on OSHA Form 300.

Jointly the U.S. Small Business Administration’s Office of Advocacy and OSHA will meet with small businesses to discuss this proposal. OSHA also recently backed away from instituting tougher requirements for reducing employees exposure to noise in the workplace.
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February 6, 2011

Massachusetts contractor faces work-safety violations

by Jeffrey S. Glassman

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.

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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February 3, 2011

Massachusetts to celebrate 100 years of workers’ compensation rights

by Jeffrey S. Glassman

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.

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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