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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Given the nature of our work, the Boston car accident attorneys at Jeffrey Glassman Injury Lawyers frequently post reports about motor vehicle and highway safety tips and trends on our Boston Car Accident Lawyer blog. Our goals is simple: to educate motorists wanting to avoid a Massachusetts car accident.

With this in mind, we share updates made to the National Transportation Safety Board’s “most wanted” list of vehicle and driver safety improvements.
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The NTSB has chosen to focus on five key safety issues – seat belt/child restraint use, impaired and distracted driving habits, and motorcycle safety. Their “most wanted” list recognizes both the advances and shortcomings of each state while reminding state legislators to persists in enacting laws that promote safe driving conditions for all motorists. NTSB Chairman Deborah A.P. Hersman notes that state governments are in a “unique position to effect the most significant improvement” regarding transportation safety through legislative and enforcement practices.

The following review of Massachusetts traffic safety directives on these five issues is provided by the NTSB:

~ Child occupant protection: Massachusetts is one of 29 states to have in place a booster seat law requiring all child passengers use a booster seat through age 8.

~ Primary seat belt enforcement: Massachusetts one of 19 states that has no law in place regarding primary seat belt enforcement. NTSB officials recommend that a law be enacted requiring all vehicle occupants wear proper safety restraints, be they conventional lap and lap/shoulder belts or installing car seats and booster seats for use in tandem with safety restraints.

Furthermore, the Board requests that law enforcement be unrestricted in observing and ticketing motorists who fail to buckle up. By enacting “primary” enforcement laws, cops are free to stop (and cite) drivers solely upon visual confirmation that any occupants are unrestrained and non-compliant with the law.

~ Distracted driving: Massachusetts is one of 46 states with a Graduated Drivers License program that meets all NTSB recommendations. As for passenger restrictions, Massachusetts is one of 15 states that have enacted some, but not all, of Board directives. Therefore, currently implemented law fails to meet Board safety standards. (Of note, the NTSB reports that with each additional teenage passenger, so increases the risk a teen driver will crash.)

Regarding the matter of wireless communication restrictions, Massachusetts is one of 26 states to fully restrict (meaning: no cell use for novice, intermediate and “learner” status drivers; no hand-held or hands-free phone use) “interactive wireless communication” while driving.

~ motorcycle safety: Massachusetts has enacted a universal helmet law requiring both driver and passengers helmet-up, so to speak.
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The Massachusetts Turnpike Authority is among the defendants that have agreed to pay a state trooper’s family $9 million after he was killed when his motorcycle slammed into Big Dig handrails, the Boston Globe reported.

Our Boston accident attorneys reported earlier this year on our Boston Car Accident Lawyers Blog about the railings. Originally put in place to protect construction and maintenance workers from falling onto the highway, the railing have been involved in the deaths of seven motorists in recent years.

New documents now show that the U.S. Department of Transportation warned the director of the Big Dig that the rails were unsafe as far back as 1992. But the director replied that they were safe.

The trooper was one of seven victims to be killed after striking the railings lining the tunnels; most of the victims were dismembered. One victim lost an arm but survived.

While the trooper’s family said they hope the case will result in the removal of the railings, the settlement did not address the safety issue.

The Massachusetts Department of Transportation expressed sorrow for the accident and the loss of the trooper’s life but referred all other comment to the insurer, AIG.

AIG had no comment.

Other defendants included Big Dig contractors.
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A woman being described as an environmental fugitive has been captured in the Dominican Republic, the Boston Herald reported. The former head of Massachusetts’ largest asbestos removal training school, she was convicted in November 2008 of selling certificates to immigrants who never took the mandatory training course.

Our Boston injury lawyers understand the serious threat posed by asbestos exposure in Massachusetts. Exposure to the material once used in building and ship construction has been linked to mesothelioma and other cancers and health consequences.
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In this case, the defendant allegedly sold the certificates from Environmental Compliance Training of Methuen, Mass. Prosecutors contended that several hundred immigrants were then sent to work at asbestos demolition sites through the defendant’s temporary employment agency.

They were also paid “under the table,” saving more than $1 million in tax and insurance costs. The company was shut down in May 2007.

Mesothelioma is a cancer that develops in the protective lining that covers many of the body’s internal organs. Many who develop the cancer have worked on jobs where they were exposed to asbestos fibers or inhaled asbestos particles. Development of cancer frequently occurs decades after exposure, thus many victims do not associate the illness with an event or exposure.

Seeking the advice of an experienced Boston injury attorney can help determine whether your cancer can be linked to exposure in the workplace and whether you and your family are entitled to be compensated for your loss.
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The Occupational Safety & Health Administration will hold hearings in January on ways to reduce work accidents caused by slip, trip and fall hazards.
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Our Boston workers’ compensation attorneys know that fall accidents are among the leading causes of serious Massachusetts work injuries. Nationwide, 617 workers died in fall injuries last year, according to the Bureau of Labor Statistics. Eleven peopled died from falls on the job in Massachusetts.

“These public hearings will provide an important opportunity for stakeholders who will be impacted by the rule to share their concerns and provide input on the proposal,” said OSHA Assistant Secretary Dr. David Michaels. “Injuries and fatalities from fall hazards are a leading cause of work-related injuries and we need to have the best rule possible to ensure that we effectively address this serious hazard.”

The new rules aim to reduce the more than 3,700 cases of lost-time accidents resulting from work-surface fall accidents.
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A Sudbury nursing home resident will be allowed to testify about being sexually assaulted by an employee, the MetroWest Daily News reported.

Our Boston nursing home abuse lawyers work with families dealing with the abuse or neglect of a loved one in a Massachusetts nursing home. Nursing homes have an obligation to ensure the safety and welfare of residents. When a resident is abused or assaulted by a staff member, the nursing home and its operators can and should be held responsible.
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In this case, a local judge had denied the victim the right to testify because she suffers from a medical condition that makes it difficult for her to speak or communicate through writing. However, the Supreme Judicial Court ruled the victim should be permitted to testify with the assistance of an aide.

The 49-year-old defendant was arrested in February 2009 and charged with indecent assault and battery on a person older than 14.

He is in the custody of Immigration and Customs Enforcement because an immigration judge has ordered that he be deported to Ghana.
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The nation’s largest retailers are being warned by the Occupational Safety & Health Administration that they are responsible for the safety of employees and guests during the holiday season, particularly during sales events designed to draw crowds for Black Friday.

Our Massachusetts workers’ compensation lawyers and Boston injury attorneys know that work accidents or premise liability cases can arise when retailers purposefully attempt to draw huge crowds for in-store promotions. Yahoo! reports this year’s hot items will include HDTVs, e-readers and iPads.
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OSHA sent a letter to the CEOs of 14 of the nation’s largest retailers, highlighting the agency’s “Crowd Management Safety Tips for Retailers,” and reminding them of the 2008 death of a retail employee, who was trampled to death at a Back Friday sales event.

“Crowd-related injuries during special retail sales and promotional events have increased during recent years,” said Assistant Secretary for OSHA Dr. David Michaels. “Many of these incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season.”

Tips for retailers include:

-Make sure all employees are aware the doors are opening.

-Staff entrance with security personnel.

-Use public address systems to maintain order.

-Position door personnel to the side of the entrance and not in the path of customers.

-Do not permit a store to exceed maximum capacity.

-Provide a safe entrance for people with disabilities.
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The Occupational Safety & Health Administration has announced immediate changes to how companies must conduct outreach safety training programs after concern that employers were cramming training into unreasonably long workdays, thereby endangering employee safety.

Our Boston work injury lawyers are too often called to represent an injured employee after a Massachusetts work accident that could have been prevented with proper training and/or safety equipment. Unfortunately, employers sometimes put profits before safety. Amid the current economic challenges, OSHA became concerned that employees were not being provided adequate time to digest information provided in 10-hour and 30-hour training courses — primarily because companies were holding the training sessions in one-day or three-day marathon sessions.
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The revisions permit a maximum of 7.5 hours of safety training a day. Ten-hour sessions must be held over at least two days. Thirty-hour sessions must occur over a minimum of four days.

“Limiting daily class hours will help ensure that workers receive and retain quality safety training,” said Assistant Secretary of Labor for OSHA David Michaels.

The government was also concerned that the minimum training hours were not being met during 13- or 16-hour training days after breaks, lunch and other down time was taken into account.

A safety training fraud hotline has also been established, where fraud can be reported by employees or other interested parties.

The Outreach Training Program involves more than 17,000 independent trainers who teach employees workers’ rights and how to identify and prevent workplace hazards. The 10- and 30-hour classes are for construction, general industry and maritime, while a 16-hour class is provided for disaster site workers.
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Boston is among one of the most historical and cultural cities in America. Due to the history and the fact that it is home to three of the most prominent sports teams, Boston rates among the top tourist areas in the country. However, Massachusetts car accidents in rarely occur with the vast number of tourist driving on urban roadways.

In fact, a 2008 report by the National Highway Traffic Safety Administration states rural fatalities account for 56% of all traffic fatalities in the United States. However, from 2005 to 2009, the entire state of Massachusetts had 1,808 urban traffic fatalities and only 194 rural fatalities.

The NHTSA reported that in 2008, Massachusetts had the 3rd lowest rural fatalities at 36. Only the District of Columbia (2) and Rhode Island (13) had fewer. In addition, Massachusetts falls short of the national average of passenger vehicle deaths per miles traveled. In 2008, Massachusetts had .6 deaths per 100,000 miles travel, nationally that number was 1.26. Considering the size of this state, it’s pretty remarkable how low these numbers are.

It’s possible that with the convenience of mass transit also helps keep the number of urban traffic fatalities down each year in Boston. However, the city and all it has to offer will always be a constant attraction for those out-of-state tourists who travel on unfamiliar urban roadways to take in a little piece of history year after year.

A helpful tip to tourist visiting Massachusetts or the Boston area, check out the visitor information centers located throughout the state. They are there to offer help with driving and hot spots located throughout the state. These centers are open seven days a week during peak times of the year but many have reduced operating schedules during the less traveled winter months.
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A Boston work accident resulting from a collapsing gas-line trench has resulted in a $36,500 proposed fine, the Occupational Safety & Health Administration reported.

OSHA cited National Grid for six alleged serious violations of trenching safety standards after an employee was injured by a falling rock. The June 21 collapse of the gas line trench happened on Woodbine Avenue in Boston.

Boston workers’ compensation lawyers understand the inherent dangers faced by workers in trenches. Excavated dirt left at the edge of the trench can increase the pressure on trench walls. Heavy equipment working at the edges can increase vibrations in the ground and increase the risk of a trench collapse. Employers have an obligation to provide employees with the proper training and equipment necessary to stay safe when excavating or working in trenches.

Construction accidents caused by trench collapses result in an average of more than 70 deaths a year. Ten times as many workers are injured.

In this case, OSHA found the trench lacked protection against wall collapse and exposed workers to being struck by falling rock and soil. The workers also lacked proper training and the trench had not been properly inspected.

“This is precisely the type of incident OSHA’s excavation standards are designed to prevent,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “A competent inspection would have identified and allowed these hazardous conditions to be fixed before workers ever entered the trench. I urge employers to prevent incidents such as this one by always following proper procedures and ensuring effective trenching safeguards at all jobsites.”
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